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Home My WebLink About94-0906 1No. 16 Common Council Proceedings of the City of Buffalo Regular Meeting, September 6, 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, September 6, 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 26, 1994 were approved. FROM THE MAYOR No. 1 Apply EQBA Grant - Historical Society Hear Stairs Item No. 161, C.C.P. 5/17/94 My administration fully supports this project. We submitted the grant application to the New York State Office of Parks Recreation and Historic Preservation on May 13, 1994. Questions regarding the status of this project should be directed to either John Lydon, Director of Buildings, or Mark Tytka, Deputy Director of Planning. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 2 Consolidation Plan-CDBG Approval From HUD Please find enclosed for your information a memorandum regarding the Mayor's directive to commence the city's "Consolidated Plan". As indicated in the memo, HUD requires such a plan for CDBG approval next year. While federally mandated, it also will lay the foundation for the city's first long-term investment plan in many years. The Mayor has requested his Commissioners to work closely with each Councilmember in putting department plans together. The Mayor and his staff stand ready to meet with individual councilmembers or with the full council at any time regarding the development of the Consolidated Plan. Since citizen participation is so important to the quality of this plan, the Masiello Administration will assist, support and participate in any community meetings called by respective councilmembers concerning the Consolidated Plans. In addition to the Mayor's memo, please find enclosed a copy of HUD's Consolidated Plan requirements. A copy of the City of Portland's Master Investment Plan, an example of long term city planning, is also available in the Mayor's Office. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION No. 3 NYS Department Law Good Neighbor Agreements Item No. 137, C.C.P. 7/26/94 The Environmental Management Commission responds to Common Council referral of comments from the New York State Law Department on proposed Good Neighbor Agreements involving Buffalo River chemical industries. The Commission recognizes the importance of industry and jobs in our city, but recognizes as well the significance of citizen concerns regarding negative environmental and human health impacts from industrial activity. Such concerns are particularly acute in such areas as Seneca-Babcock, where large quantities of dangerous industrial chemicals are used in close proximity to residential areas. The foundation of productive coexistence between such industry and concerned citizens must be mutual credibility. The Common Council has long seen that the basis for such credibility must be an on-going structure of discussion and communication, and to that end has wisely called for the creation of a Good Neighbor Committee. The Environmental Management Commission has supported the Common Council in this regard, and wholeheartedly agrees with the positive comments of the New York State Law Department to this end. The Commission believes that direct communication between citizens and industry will be extremely rewarding to both in these concerns, and believes as well that only general facilitation by government is necessary in this process. On a related matter, the Environmental Management Commission endorses the call of Erie County Emergency Services Commissioner James Keane for an electronic emergency notification system in Erie County. Among its wide and varied other uses, such a system could both reassure and, when necessary in this specific case, warn neighbors of Buffalo River chemical industries. Government facilitation of such a system, supported by Erie County industry at relatively nominal cost, would benefit our industry and citizens. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BUFFALO ARTS COMMISSION No. 4 CHANGE ORDER -# 1/CONSERVATION TREATMENT OF CITY OWNED BRONZE STATUARY The Buffalo Arts Commission herewith submits to your Honorable Body the following change in contract for Conservation Treatment of City owned Bronze Statuary, Contract # 91776600 with Fine Objects Conservation, Inc. -PERRY- PEDESTAL CLEANING DELETED FOR TREATMENT OTHER THAN TESTS COMPLETED TO DATE ($2,510). -BIDWELL- CREDIT FOR PAINTING IN LIEU OF METALLIC STAIN-GRAFFITTI REMOVAL, AFTER TESTS COMPLETED ($2,517). COST COMPILATION BELOW: $4,840 PEDESTAL CLEANING IN CONTRACT. - 750 TIME FOR REMOVAL OF OVERPAINT WITH WATERJETS TO REVEAL EXTENSIVE GRAFFITTI AND METALLIC STAINS AND LOCALIZE STAIN REMOVAL TESTS. - 1,500 35 HOURS TO SPOT PRIME, APPLY TWO PRIMER LAYERS AND FINAL TOP COAT. - 73 PAINTING SUPPLIES. PERRY AND BIDWELL: $3,840 METAL ANALYSIS, ON SITE BROKEN ENDS IMPRESSIONS MADE, REATTACH CAST SECTIONS. $5,027 DEDUCTION FROM WORK -$3,840 ADDITIONAL WORK $1,137 DEDUCT FROM THE ORIGINAL CONTRACT OF $61,435, FOR A REVISED COST OF $60,248. The Buffalo Arts Commission therefore recommends that your Honorable Body authorize the Executive Director of the Buffalo Arts Commission to issue a change order to Fine Objects Conservation Inc., as set forth above. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. FROM THE COMPTROLLER No. 5 Certificate Of Determination $10,000,000 Bond Anticipation Note Sale CERTIFICATE OF DETERMINATION BY THE COMPTROLLER RELATIVE TO AUTHORIZATION, SALE, ISSUANCE FORM AND CONTENTS OF A $10,000,000 BOND ANTICIPATION NOTE-1994A (FEDERALLY TAXABLE) OF THE CITY OF BUFFALO, NEW YORK. The Bond Anticipation Note was sold at public sale to CS First Boston. The Bond Anticipation Note will be dated August 10, 1994 and will bear interest at the rate of (5.35%) per annum, payable on February 15, 199. The Bond Anticipation Note will be delivered and shall be paid for on or about August 10, 1994 in New York, New York. An Official Statement may be obtained from the offices of the independent financial advisor to the City, Government Finance Associates, Inc. of New York, in New York City, at (212) 809-5700, or the office of the Comptroller, Room 1225 City Hall, Buffalo, New York, at (716) 851-5255. RECEIVED AND FILED. No. 6 Certificate of Necessity Transfer of Funds Dept. of Community Development - Div of Development Department of Public Works - 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 $6,000 be transferred and reappropriated from the Department of Community Development -Division of Development, as set forth below: Dated: Buffalo, NY, August 24, 1994 RECEIVED AND FILED. No. 7 Certificate of Necessity Transfer of Funds Common Council- Finance Committee Chairman -Salaries, Regular Common Council - Legislative - Temporary 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 $12,059 be transferred and reappropriated from the Common Council -Finance Committee Chairman, as set forth below: Dated: Buffalo, NY, August 25, 1994 RECEIVED AND FILED. No. 8 Certificate Of Necessity Transfer of Funds Water - Reserve for Capital Improvements Water - Exempt Items We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $18,000 be transferred and reappropriated from Water - Reserve for Capital Improvements, 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 22, 1994 RECEIVED AND FILED. No. 9 Certificate of Necessity Transfer of Funds Department of Street Sanitation 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 $50,000 be transferred and reappropriated from the Department of Street Sanitation, as set forth below: Dated: Buffalo, NY, August 29, 1994 RECEIVED AND FILED. No. 10 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 project. As of today, we have one request for money to finance projects and we will not re-enter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $15,000 for the Reconstruction of the Carnevale Community Center. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Acct. Repayment Date Total 100 Gen. 200 Cap. Proj. 200-402-040 BAN/Bond Sale $15,000 Mr. Pitts moved: That the communication from the Comptroller, dated August 23, 1994, be received and filed; and That the Comptroller be, and he hereby is, authorized to make an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $15,000 for the Reconstruction of the Carnevale Community Center. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED. AYES- 13 NOES- 0. No. 11 Permission to Negotiate 253 Clark, E 67.57' S Broadway Vacant Lot Size: 25.43' x 30' Assessed Valuation: $1,500 The Office of the Comptroller, Division of Real Estate has received a request from Mr. Thomas Handley of 241 Lombard Street, Buffalo, New York to purchase the above captioned City-owned property. Mr. Handley has recently purchased 251 Clark and is requesting to purchase 253 Clark 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 Mr. Thomas Handley 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, August 30, 1994 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. Thomas Handley of 241 Lombard Street, for the private sale of 253 Clark Street and report to this Honorable Body the results of such negotiations. ADOPTED. No. 12 Permission to Negotiate 472 Sycamore, 62.87' NE Jefferson Vacant Lot Size: 54' x Irregular Assessed Valuation: $1,900 The Office of the Comptroller, Division of Real Estate has received a request from Mrs. Dolores Blackford of 202 Hamlin Road, Buffalo, New York to purchase the above captioned City-owned property. Mrs. Blackford is requesting to purchase 472 Sycamore in order to expand her business at 474 Sycamore. 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. Dolores Blackford for the above mentioned property and will report back to Your Honorable Body with results of negotiations. REFERRED TO THE COMMITTEE ON FINANCE. No. 13 Permission to Negotiate 359 Walnut, E 224' N Sycamore Vacant Lot Size: 25' x 120' N Assessed Valuation: $1,300 The Office of the Comptroller, Division of Real Estate has received a request from Mr. & Mr. Eldridge Garris of 355 Walnut Street, Buffalo, New York to purchase the above captioned City-owned property. Mr. Garris is requesting to purchase 359 Walnut, 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 Eldridge Garris for the above mentioned property and will report back to Your Honorable Body with results of negotiations. REFERRED TO THE COMMITTEE ON FlNANCE. No. 14 Results of Negotiations Portion of 1671 Genesee Street S 345.49' E Doat, Parcel Size 31' x 124' Item No. 14, C.C.P. 12/14/93 In the above referenced item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. Wayne E. Short, 110 Davidson, Buffalo, NY, to purchase a portion (31' x 124') of 1671 Genesee Street a parcel 178' x 124'. Mr. Short would like to purchase the property for ingress and egress to his garage that he owns at 58 Doat Street. An independent appraisal of the property was conducted by Able Appraisal Associates, Mr. Dennis Walker, Appraiser, 43 St. Paul Street, Buffalo, NY 14209. He has estimated the value of the property to be Fourteen Hundred Dollars ($1,400) which represent approximately Thirty-Six Cents ($.36) a square foot. The Division of Real Estate has investigated the sales of similar properties in the area and concurs with the appraisers estimate of value. The results of our negotiations are that Mr. Short has agreed and is prepared to pay Fourteen Hundred Dollars ($1,400) for the subject property. He has also agreed to pay the cost of the appraisal, transfer tax, recording fee and cost of legal description. I am recommending that Your Honorable Body approve the sale of a portion of 1671 Genesee Street, the parcel being approximately 31 feet and 124 feet, to Mr. Wayne Shore in the amount of Fourteen Hundred Dollars ($1,400). 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 August 1, 1994, be received and filed; and That the offer of Mr. Wayne E. Short, 110 Davidson, Buffalo, New York, in the sum of $1,400.00 (One Thousand Four Hundred Dollars) to purchase the property described as 1671 Genesee 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. 15 Results of Negotiations 231 Katherine, 106' S O'Connell Vacant Lot: 50' x 48' Assessed Valuation: $2,200 Item No. 12, C.C.P. 10/19/93 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. Scott Allan, 267 North Pleasant Parkway, Cheektowaga, New York, to purchase the above vacant lot. Mr. Allan owns the property at 235 Katherine and intends to purchase the vacant lot for extra yard space for his tenants. An independent appraisal of the property was conducted by Mr. Dennis Walker, Appraiser, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New York 14209. He has estimated the fair market value of the property to be Five Hundred Dollars ($500). This represents approximately Twenty-one cents ($.21) a square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range from Twenty-Two Cents ($.22) a square foot to Twenty-Eight Cents ($.28) a square foot. The results of our negotiations are that Mr. Allan has agreed and is prepared to pay Six Hundred Dollars ($600) for the vacant lot. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 231 Katherine to Mr. Scott R. Allan, in the amount of Six Hundred Dollars ($600). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for transfer of title and that the Mayor be authorized to execute the same. Mr. Pitts moved: That the communication from the Comptroller, dated August 30,1994, be received and filed; and That the offer of Mr. Scott Allan, 267 North Pleasant Parkway, Buffalo, New York, in the sum of $500.00 (Five Hundred Dollars) to purchase the property described as 231 Katherine 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. 16 Results of Negotiations 40 Metcalfe Street, W 385' N Clinton Vacant lot: 60' x irregular Assessed Valuation: $2,800 Item No 27, C.C.P. 9/7/93 In the above referenced item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. Jerome Brock, Max Brock Company, Inc., 18 Metcalfe Street, Buffalo, New York, to purchase the above vacant lot and to utilize the property for the parking of trailers. An independent appraisal of the property was conducted by Mr. Richard W. Bronstein, Appraiser, 3666 Main Street, Buffalo, New York. He has estimated the fair market value of the property to be One Thousand Dollars ($1,000). This represents approximately Eighteen Cents ($. 18) a square foot for the subject property. The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Mr. Jerome Brock of Max Brock Company, Inc., has agreed and is prepared to pay One Thousand Dollars ($1000) for the subject property. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 40 Metcalfe Street to Mr. Jerome Brock, in the amount of One Thousand Dollars ($1,000). 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 August 31, 1994, be received and filed; and That the offer of Mr. Jerome Brock, Max Brock Company, Inc., 18 Metcalfe Street, Buffalo, New York, in the sum of $1,000.00 (One Thousand Dollars) to purchase the property described as 40 Metcalfe 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. 17 Monthly Overtime Usage Report I am providing the Common Council with an update of the Monthly Overtime Usage Report as of July 31, 1994. This report provides the actual expenditures of overtime for all City departments as well as project departmental expenditures for the entire fiscal year based on current overtime usage. REFERRED TO THE COMMITTEE ON FINANCE. No. 18 Single Audit of Federal, State and County Grants Received by City of Buffalo for Fiscal Year Ended June 30, 1993 This is to advise that a copy of the single audit of Federal, state and county grants received by the City of Buffalo for the fiscal year ending June 30, 1993 has been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor and the Budget Office. Pursuant to amendments of Section 35 of the General Municipal Law, which took effect January l, 1989, Your Honorable Body My, in its discretion, provide to the State Comptroller and file with the City Clerk a written response to the findings and recommendations in this report no later than ninety days after its receipt, or October 20, 1994. REFERRED TO THE COMMITTEE ON FINANCE. No. 19 Certificate of Appointment Appointment to become effective September 1, 1994 in the Department of Audit and Control, Division of Data Processing, Michele Szymanski, 23 Wex, Buffalo 14211 to the position of Senior Data Processing Equipment Operator, Contingent Permanent at the Intermediate starting salary of $26,441.00 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 20 Certificate of Appointment Appointment to become effective August 19, 1994 in the Department of Audit and Control, Division of Accounting, Nancy A. Schuster 161 Marine Drive , Buffalo NY 14202, to the position of Administrative Assistant, Permanent, at the Maximum starting salary of $31,236.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ASSESSMENT No. 21 Tax Cancellation 1994 - 95 Adjustments on the General City Tax for 1994 - 95 were made on the following properties (list attached ) to provide for changes due to omitted or incorrect exemptions and assessment errors. I, therefore, request that a warrant be drawn on 81-2 General City Charges, 000-00-802 Tax Adjustment Fund, in favor of the City for the taxes indicated on the attached list in the amount of $ 277,003.02. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 22 Liquor License Application Item No. 122, C.C.P. 07/26/94 We reviewed our tax files to determine if the individuals and/or corporations applying for a liquor license owe real property tax, sewer rent, local assessment and occupancy tax. Please be advised of the following: 1) 2192 Niagara and a commercial lot assessed as 2190 Niagara are assessed to Jafco Realty Corp., c/o Harbour Place Marinas, 2192 Niagara Street, Buffalo, New York. Our records show that as of August 5, 1994 the following City taxes and Sewer Rent remain unpaid: 2192 Niagara: 1993-94 City Tax and Sewer Rent $63,594.33 1994-95 City Tax and Sewer Rent 51,996.84 2190 Niagara: 1994-95 City Tax and Sewer Rent 38.42 The occupancy taxes are paid. We do not show a local assessment. We show nothing assessed under the business or owner's name. 2) 26 Virginia Place is assessed to The Hop Inc., c/o Dynamic Enterprises, 4225 Genesee Street, Buffalo, New York. Our records show that as of August 5, 1994, the City Taxes and Sewer Rent remain unpaid: 26 Virginia Place: 1992-93 City Tax $5,005.51 1993-94 City Tax 3,850.64 1994-95 Second Half City Tax & Sewer Rent 3,303.90 First half 1994-95 City Tax paid July 31, 1994. The occupancy tax is paid and we do not show a local assessment. We %how nothing assessed under the business or owner's name. REFERRED TO THE COMMITTEE ON FINANCE. No. 23 Certificate of Appointment Appointment to become effective August 2, 1994 in the Department of Assessment, Carl M. Nasca, 99 Middlesex Road, Buffalo, New York 14216, to the position of Assessor, Contingent Permanent, at the Intermediate starting salary of $36,950. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 24 Monthly Report of Licenses Issued in July 1994 I am respectfully submitting the enclosed report of licenses issued in the month of July 1994 by the Division of Licenses. RECEIVED AND FILED. No. 25 Notification Serial #8408 Repeal Alternate Parking-Type I Seward Street between South Ogden & Fenton Street No Parking (Alternate Parking - Type I) - 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 24 of Section IS of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing thereto the No Parking following: PROHIBITED PRTN HIGHWAY PROHIBITED PD DAILY Seward Street, south side 4 p.m. Sunday to between South Ogden & Fenton St 4 p.m. Wednesday Seward Street, north side 4 p.m. Wednesday to between South Ogden & Fenton St 4 p.m. Sunday This serial and the following one are being initiated by petition and at the request of residents of this area. Notification Serial #8409 Install No Parking Seward Street, South side 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 alter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the No Parking following: Prohibited Prtn Highway Prohibited Period Daily Seward Street, South side No Parking Anytime between South Ogden & Fenton St This serial and the previous one are being initiated by petition and at the request of the residents of this area. Notification Serial #8410 Repeal of No Standing on Main Street, east side between Fillmore Avenue & Amherst Street NO STANDING- REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the No Standing following: PROHIBITED PRTN HIGHWAY PROHIBITED PD DAILY Main Street, east side 7 a.m. - 10 a.m. between Fillmore Avenue and Amherst Street This action is being taken to provide additional on-street parking for businesses in the area and to provide uniformity and consistency with adjacent parking regulations on Main Street. (also reference next two (2) serials) Notification Serial #8411 Repeal of Permissive Parking on Main Street, east side between Fillmore Avenue & Amherst 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 IS of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the Permissive Parking following: PERMISSIVE PKG LOCATION PD PERMISSIVE PKG DAILY Main Street, east side 1 hour parking 10 a.m. - 4 p.m. between Fillmore Ave & Amherst Street This action is being taken to provide additional on-street parking or businesses in the area and to provide uniformity and consistency with adjacent parking regulations on Main Street. (also reference the previous & following serials) Notification Serial #8412 Installation of Permissive Parking on Main Street, east side between Fillmore Avenue & Amherst Street 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 LOCATION PD PERMISSIVE PKG DAILY Main Street, east side 2 hour parking 7 a.m. to 4 p.m. between Fillmore Avenue & Amherst Street This action is being taken to provide additional on-street parking or businesses in the area and to provide uniformity and consistency with adjacent parking regulations on Main Street. (also see previous two (2) serials) Notification Serial #8413 Install No Standing School Days on Niagara St at Jersey St NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the NO STANDING following: PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD Niagara Street, east side 7 a.m. - 4 p.m. from 30' north of Jersey Street School Days to a point 145' north therefrom. This notification is being done at the request of the school in order to better accommodate school bus discharge/pickup times. RECEIVED AND FILED. No. 26 Restripe/Restencil the Delaware Park Ring Road Item #72, C.C.P. 06/14/94 This is in response to C.C.P. #72 of June 14, 1994 regarding the restriping/restenciling of the Delaware Park Ring Road. The Department of Public Works - Traffic Section has investigated your Honorable Body's concerns and concurred with your request. Consequently, the ring road was restriped and restenciled in accordance with the previous striping layout. This work was completed in August, 1994. Signage updates, to correspond with the striping, are planned for early September, 1994. RECEIVED AND FILED. No. 27 Permission to Prepare Plans & Specifications and Advertise Proposals for the Striping of Various City Streets - 1995 I hereby request permission from your Honorable Body to prepare plans and specifications and advertise for sealed proposals for the project specified below: 1. Striping of Various City Streets - 1995 Funding for this project will be available in Bond Fund #200-401-021-00-000. REFERRED TO THE COMMITTEE ON FINANCE. No. 28 Permission to Prepare Plans & Specifications And Advertise for Proposals For Street Resurfacing Contracts, Various Streets 1994/1995 I hereby request permission from Your Honorable Body to prepare plans and specifications and advertise for sealed proposals for the street resurfacing contracts, various streets, as specified below: 1. Repair to City Pavement - 1994/1995 2. Resurfacing of City-owned Street Facilities - 1994/1995 3. Repair to City Sidewalks - 1994/1995 4. Repair to Street Cuts - 1994/1995 5. Crack Sealing of City Pavements - 1994/1995 Funds for these projects will be available in Division of Engineering, Capital Projects Fund No. 200-401-507-00-000. REFERRED TO THE COMMITTEE ON FINANCE. No. 29 Permission to Prepare Plans and Advertise for Sealed Proposals for the Repair to City Curbs - 1994 - 1995 I hereby request permission from Your Honorable Body to prepare plans and specifications and advertise for sealed proposals for the repair to City curbs City wide. This project will include the replacement of curb, sidewalk, and driveway approaches at various locations throughout the City. Funds for this project are available in the Division of Engineering C.P.F. No. 200-401-021-00-000, and C.P.F. No. 200-401-507-00-000. REFERRED TO THE COMMITTEE ON FINANCE. No. 30 Permission to Prepare Plans and Specifications for the Reconstruction of Curb and Sidewalk for Dignity Circle and Schuele Street Group 369 I hereby request permission from Your Honorable Body to prepare plans and specifications and advertise for sealed proposals for the reconstruction of curb and sidewalk for Dignity Circle, from East Humboldt Parkway to Easterly end, and Schuele Street from East Ferry Street to East Delavan Street, Group No. 369. Work in this project will include total replacement of curb and sidewalk at Dignity Circle, and spot replacement of curb at Schuele Street, with the balance of available funds. Funds for this project will be available in Division of Engineering C.P.F. Account #200-401-014. Mr. Pitts moved: That the communication from the Commissioner of Public Works dated August 11, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to prepare plans and specifications, advertise for sealed proposals for the Reconstruction of Curb and Sidewalk for Dignity Circle and Schuele Street Group 369. Funds for this project will be available in Division of Engineering C.P.F. Account #200-401-014. ADOPTED. No. 31 Permission to Engage Consultant Shea's Buffalo Theater Roofing, Parapet Reconstruction and Masonry Restoration I respectfully request Your Honorable Body's permission to engage a Consultant to prepare plans and specifications, advertise and receive sealed proposals for the Roofing, Parapet Reconstruction and Masonry Restoration at Shea's Buffalo Theater. Funds for this project will be in Capital Project Fund 200-402-021. Mr. Pitts moved: That the communication from the Commissioner of Public Works dated August 18, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to prepare plans and specifications, advertise for sealed proposals for the roofing, parapet reconstruction and masonry restoration of Shea's Buffalo Theater and return to the Common Council for approval. ADOPTED. No. 32 Bids- Construction of City Handicapped Ramps 1994 Item No. 141, C.C.P. 06/28/94 This is to advise Your Honorable Body that I have advertised and received bids on July 27,1994 for Construction of City Handicapped Ramps 1994. 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: LCP Construction Corporation $154,230.00 Cemulini-Pecoraro Construction Corp. $164,050.00 JRT Concrete, Inc. $168,000.00 I hereby certify that the lowest responsible bidder for the above project is LCP Construction Corporation. I respectfully recommend that Your Honorable Body order the work, the cost thereof to be charged to the Division of Engineering, CPF #200-401-013-00-000 in an amount not to exceed $154,230, plus approved unit prices not to exceed an additional amount of $35,770 for a total award of $190,000. The Engineer's estimate for this work is $200,000.00 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 12, 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 27, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Construction of City Handicapped Ramps 1994 to LCP Construction Corporation, the lowest responsible bidder in an amount not to exceed $154,230, plus approved unit prices not to exceed an additional amount of $35,770, for a total award of $190,000, with said cost to be charged against the Division of Engineering, CPF #200-401-013-00-000. PASSED. AYES- 13 NOES- 0. No. 33 Bids- Emergency Removal of Underground Fuel Storage Tank Located at Carlton Street near Elm Street This is to advise Your Honorable Body that on August 1, 1994, this office was notified of an underground fuel storage tank that was uncovered during construction of a utility line in conjunction with the Roswell Park Cancer Institute Major Modernization Project. We, also have been put on notice that, since the tank is on City property, the City is responsible for the timely and expeditious removal of the fuel tank in accordance with New York State Department of Environmental Conservation and Federal EPA regulations and procedures. As such, I haven taken informal bids on August 11, 1994 from certified and licensed contractors for the removal and disposal of this underground storage tank as follows: Base Bid Miscellaneous Lump Sum Unit Costs * Total Bid Elmwood Tank and Piping Corporation $4,539.80 (Included) $4,539.80 Innovative Services International $6,312.00 (Included) $6,312.00 Sterling Environmental Services, Inc. $6,915.00 $ 650.00 $7,565.00 * Miscellaneous unit costs include approval fees, analysis (TCLP) fees, and transportation charges. I hereby certify that the lowest responsible bidder for the above project is Elmwood Tank and Piping Corporation, the cost thereof to be charged to CPF No. 200-401-021-00-000 in an amount of $4,539.80 plus a contingency of $2,500.00, for a total encumbrance of $7,039.80. The engineer's estimate for this work is $5,500.00. The above is certified to be a true and Correct statement of the three 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 23, 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 August 31, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Emergency Removal of an Underground Fuel Storage Tank located at Carlton Street near Elm Street to Elmwood Tank and Piping Corporation, the lowest responsible bidder in an amount of $4,539.80 plus a contingency of $2,500.00, for a total encumbrance of $7,039.80, with said cost to be charged against the CPF #200-401-021-00-000. PASSED. AYES- 13 NOES- 0. No. 34 Correct- Report of Bids - "New North Division Between Hickory Street to Spring Street Group No. 348" Item No. 64, C.C.P. 9/26/94 Kindly be advised that there was a typographical error in the approving resolution for the above item. The approving resolution shod have authorized an award of $315,294.22 instead of $274, 594.75. Also, as a point of clarification, the award requires the transfer of funds from three (3) accounts to an appropriate #500 account in the Division of Engineering, Department of Public Works as follows: FROM: #200-717-038 $205,428.47 #416-982-015 $ 49,865.75 #200-401-507 $ 60,000.00 TOTAL: $315,294.22 TO: #200-401-5** $315,294.22 ** Final account # to be determined at a later date. Mr. Pitts moved: That the communication from the Department of Public Works, dated September 2, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for "New North Division Between Hickory Street to Spring Street Group No. 348" for $315,294.22 instead of $274,594.75; and that a transfer of funds from three (3) accounts to an appropriate #500 account in the Division of Engineering, Department of Public Works. PASSED. AYES- 13 NOES- 0. No. 35 Change Order No. 1 Hatch Cover Rehabilitation City Contract No. 91745600 I hereby submit to your Honorable Body the following change order with Flo-Kleen Pipe Services, Inc. for work relating to Hatch Cover Rehabilitation, City Contract No. 91745600: Delete manhole reconstruction for Hatch No. 7 under the original contract; furnish only manhole frame and cover. Decrease:$ 700.00 Costs have been reviewed by the Department of Public Works and found to be fair and equitable. SUMMARY: Original amount of contract $70,915.90 Amount of Change Order No. 1 - Decrease $ 700.00 Current Amount of Contract $70,215.90 Funds in the amount of $ 700.00 are to be credited to tie Division of Water's 416-982-010 Capital Project 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. 36 Change Order No. 1 - Painting the Roof at the Engine Bldg - Col. Ward Pumping Station City Contract No. 91744600 I hereby submit to your Honorable Body the following change order with C & A Painting Contractors for work relating to Painting the Roof at the Engine Building - Col. Ward Station, City Contract No. 91744600: Work Item No. 02 - Replace Corrugated Metal Roof Panels Contract called for 400 s.f. 492 s.f. completed. Increase: $920.00 Work Item No. 03 - Caulk Windows, Louvers and Flashing Contract called for 1000 I.f. 1516 If completed. Increase: $774.00 Work Item No. 04 - Replace Stainless Steel Roof Panel Bolts Contract called for 100 bolts. 201 bolts completed. Increase: $1,010.00 Work Item No. 05 - Repair Gutters and Down spouts as needed Contract called for 15 I.f. 70 I.f. completed. Increase: $2,200.00 New Work Item No. 1: While work was proceeding it was noted that eight (8) broken lights of glass were found on the east end of the building. There was no provision made in the contract for glass replacement. These lights were replaced with like kind material at the added cost of: 8 lights - 28 1/2" x 69 1/2" hammered/wire flat stock glass @ $125.00 per light Increase: $1,000.00 Costs have been reviewed by the Department of Public Works and found to be fair and equitable. SUMMARY: Original amount of contract $100,100.00 Amount of Change Order No. 1 - Increase 5,904.00 Current Amount of Contract $106,004.00 Funds in the amount of $ 5,904.00 are available in the Division of Water's 416-980-043 Capital Project 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. 37 Proposed Lease For Lafayette Park Ice Rink As requested by your Honorable Body in the above mentioned communication, this Department met with the Corporation Counsel, the Commissioner of Parks, and representatives of the North Buffalo Community Development Corporation to draw up the attached lease for the Lafayette Park Ice Rink. If this lease meets with your approval, we request your authorization to have the Mayor enter into the agreement with the North Buffalo Community Development Corporation. REFERRED TO THE COMMITTEE ON FINANCE. No. 38 Accept Revised Grant Pedestrian and Bicycle Comprehensive Safety Program Item #42, C.C.P. 2/22/94 In the reference item you authorized the acceptance of a grant from the New cork State Governor Traffic Safety Committee in the amount of $93,368.00. We have now been notified that the grant amount is $100,251.00. We therefore, request your Honorable Bodies authorization to accept the grant at this new amount. Mr. Pitts moved: That the communication from the Department of Public Works, dated August 24, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to accept the grant from the New York State Governor Traffic Committee in the new amount of $100,251.00 for the Pedestrian and Bicycle Comprehensive Safety Program. PASSED. AYES- 13 NOES- 0. No. 39 Relinquish Jurisdiction Various Police Precincts The purpose of this communication is to inform Your Honorable Body that due to the ongoing Buffalo Police Department consolidation, the following precincts will no longer be under the jurisdiction of the Police Department and therefore not the responsibility of the Department of Public Works, Division of Buildings. The following precincts will become the jurisdiction of the Office of the Comptroller, Division of Real Estate, effective with your receipt and approval of this communication. The closed precincts and their addresses are: 1) Precinct #8, 647 Fillmore Avenue 2) Precinct #9, 1729 Seneca Street 3) Precinct #15, 2219 South Park Avenue 4) Precinct #17, 98 Colvin Avenue As we are all aware, these vacant precincts have become a nuisance to their respective neighborhoods and it has become imperative that the Division of Real Estate will be able to market and sell these structures as expeditiously as possible. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. No. 40 Liquor License Applications Item #122, C.C.P. 7/26/94 In reference to C.C.P. Item #122, 7/26/94, applications for Restaurant, Music and Coin Controlled Amusement Devices were mailed to Gulley's Dance'N & Eat'N, Inc., 2192 Niagara Street on August 11, 1994. With reference to the Gargoyle Inc., 26 Virginia Place, the applicant on 6/21/94 applied to this office for a Restaurant and Music License. REFERRED TO THE COMMITTEE ON FINANCE. No. 41 Monthly Local Assessment In accordance with Section 571 of the Charter, I hereby report that during the months of April, June and July 1994, I have caused the improvement of repairing the sidewalks on the following streets: 250-254 Forest $1,871.04 773 Elmwood (771) 229.32 775 Elmwood 832.02 779 Elmwood 888.72 783 Elmwood 507.99 785 Elmwood (783) 3,333.96 412 Cumberland 664.02 793 Elmwood (795) 2,954.07 I respectfully request that the Board of Assessors be directed to assess the cost and expense thereof in the amount of $11,281.14 upon properties benefitted. An additional 5% was included in this total as an inspection charge. The work was done by Cemulini-Pecoraro Const., Corp. Under contract numbers 91753500 and 91700100. Each of the properties contained herein were notified in the appropriate manner and in accordance with the terms of Article VII, Chapter 413-44 of the City Ordinances. Every effort and consideration was extended to these property owners to minimize the amount of concrete replacement performed at each location. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. No. 42 Closing and Abandonment Of A Portion of Washington Street And Illinois Street For Curb and Sidewalk For Construction of Crossroads Arena The Department of Public Works has been informed that in order to proceed with the construction of the Crossroads Arena, it is necessary for the City of Buffalo to officially close and abandon those portions of Washington Street and Illinois Street that fall within the project site. An examination of our records indicate that these streets are officially dedicated streets, but that the City of Buffalo may not have fee title to the right-of-ways. Therefore, I suggest that the closing and abandonment should not become final until the filing of the deed conveying title to these streets from the City of Buffalo to the new owners is filed in the Erie County Clerk's Office. Also, a number of underground utilities are presently located within these right-of-ways. It has been previously agreed between the developer and the utility companies that the existing utilities will either be abandoned or replaced as part of this project. The closing and abandonment of the streets should also be made subject to the rights of the utility companies as covered by said agreements. The Department of Public Works recommends to Your Honorable Body that the following described portions of Washington Street and Illinois Street be officially closed and abandoned subject to the above stated conditions: Washington Street, sixty-six (66.0) feet wide from the south line of Perry Street, sixty-six (66.0) feet wide to the northeasterly line of South Park Avenue, sixty-six (66.0) feet wide. Illinois Street, fifty (50.0) feet wide from the south line of Perry Street, sixty-six (66.0) feet wide, to the northeasterly line of South Park Avenue, sixty-six (66.0) feet wide. REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE. No. 43 350 Pennsylvania Street Permission to Install Sidewalk Cafe Susan Persico, owner of the Coda Restaurant located at 350 Pennsylvania Street, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 36 feet in length and project 4 feet from the building face into City right of way. The Department of Public Works has reviewed Ms. Persico's application pursuant to Chapter 413 Section 59 (Sidewalk Cafes) of the city Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Here License" for installation of said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public works, Division of Buildings. 3. That the sidewalk cafe does not exceed 36 feet in length or extend more than 4 feet from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from the City right of way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of two dollars per square foot of city right of way occupied by said sidewalk cafe as described in Chapter 413 Article IX Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a Five Thousand Dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 44 Solicitation Of Funds Permit-New York Public Interest Research Group Inc. Attached is an application for solicitation of funds for New York Public Interest Research Group Inc., to solicit funds in the Buffalo area from September 15, 1994 to October 15, 1994. In accordance with Chapter 316, Article VI of the City of Buffalo ordinances, I hereby refer this matter to your Honorable Body. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 45 Request Ordinance Amendment- Cross Connection Restrictions-Water System In order to minimize confusion that has developed in regard to the installation of cross connection devices, I am recommending that Your Honorable Body add Section 491-75, Paragraph C, F, of the City Ordinances as follows: "Cross connection prevention devices shall be required on all service connection for any industrial or commercial properties. Such devices shall also be required on any multiple dwelling exceeding five (5) units. Approved cross connection devices shall be either a double check valve assembly or a reduced pressure zone device as required by the Director of Water subject to application by the property owner." If this meets with your approval, this office will work with the Corporation Counsel to provide the necessary ordinance amendments. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 46 Request Traffic Light and Striping Walden Avenue at Bakos Boulevard Item #185, C.C.P. 07/26/94 Item #144, C.C.P. 06/28/94 Item #169, C.C.P. 06/14/94 This is in response to the above listed items. The Department of Public Works - Traffic Section has investigated the aforementioned subject, results of which are detailed below. 1. The present traffic signal pole locations were established in accordance with current New York State traffic laws and the New York State Department of Transportation Manual of Uniform Traffic Control Devices. These "locations" are consistent with established traffic signal construction practices and have proven to be a safe and efficient way of controlling traffic flow and vehicle/pedestrian movement. Given this, the Department of Public Works finds no warrant to move the signals from their current positions. 2. This Department did concur with your Honorable Body's request to stripe an additional crosswalk/stop bar on Walden Avenue at Bakos Boulevard. Another crosswalk/stop bar was also striped across Bakos Boulevard Little League Road. This work was completed in mid-August, 1994. An inspection of the site and surrounding area by my Traffic Engineer on August 29, 1994, found the signal to be functioning properly and all necessary pavement markings appropriately installed. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 47 All-Way Stop Signs at Ellicott and Southampton Streets Item #278, C.C.P. 07/26/94 This is in response to C.C.P. #278 of July 26, 1994 regarding the installation of all-way stop control at Ellicott and Southampton Streets. An investigation by the Department of Public Works - Traffic Section into the need of all-way stop control at the aforementioned location has yielded the following: 1. New York State Department of Transportation standards state that the occurrence within a twelve (12) month period of five (5) or more reported accidents, would warrant the installation of "multi-way stop" control. Our records indicate that the accident history at this location does not satisfy this warrant. 2. In addition, New York State standards also say that a stop sign should not be used for speed control. Proliferation of multiway stops may only compound the problem. Pedestrians experience a "false sense of security" in anticipation of vehicles coming to a complete stop; however, these vehicles may "roll-thru" or even ignore these stop signs. Therefore the Department of Public Works will not be installing "all-way stop" control at the intersection of Ellicott and Southampton Streets. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 48 Oppose Review Committee to Aid Permit Process Item No. 243, C.C.P. 07/26/94 It is the opinion of this office that additional review processes or boards would further delay the already complicated process of Permit Application. Many developers locate business operations outside of our City because of our already complicated, multi-organizational process. The Permit Review Task Force set up by the Mayor consists of local architects, engineers, contractors and developers. They have actually recommended reducing the members of "hands in the pie", stating it discourages development. I would prefer to think that recent problems are the result of previous administration policy and personal work habits continuing over to this new administration. Reorganizing manpower and initiating new policy are management objectives presently being enacted. This course of action should be allowed to test itself for future efficiency prior to allowing new groups into the existing scheme. We strongly encourage citizen groups to monitor any building in their district and report or inquire about their findings to City Hall. Any help would be appreciated and they certainly have a right to do so. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 49 Certificate of Appointment Appointment effective July 28, 1994 in the Department of Public Works, Division of Water, Kathleen Ellis, 965 West Ave., Buffalo, NY 14213 to the position of account clerk-typist, Temporary at the Maximum starting salary of $25,588. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 50 Certificate of Appointment Appointment effective 8/29/94 in the Department of Public Works Division of Engineering, Donald J. Poleto, 88 Payne Ave., Buffalo, NY 14220, to the position of Engineering Aide, Permanent, at the Intermediate starting salary of $24,407. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 51 Certificate of Appointment Appointment effective August 15, 1994 in the Department of Public Works, Division of Water, Thomas Huthmacher, 88 Kentucky, Buffalo, New York 14204, to the position of Machine Operator, Permanent, at the Intermediate starting salary of $ 24,439. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 52 Certificate of Appointment Appointment effective 8/29/94 in the Department of Public Works Division of Engineering, Salvatore Sciandra, 291 Commonwealth Ave., Buffalo, NY 14216, to the position of Sr. Engineering Aide, Permanent, at the Maximum starting salary of $28,430. REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 53 Certificate of Appointment Appointment effective 8/2/94 in the Department of Public Works Division of Engineering, Robert Fuchs, 117 Sheffield Ave., Buffalo, NY 14220, to the position of Superintendent of Traffic Signs & Pavement Markings, Permanent, at the Maximum starting salary of $34,355. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PARKS No. 54 Re-striping and Re-stenciling of Delaware Park Ring Road Item No. 72, June 14, 1994 I am writing in response to the above-referenced matter. The Traffic Division of the Department of Public Works has completed re-stenciling Delaware Park Ring Road. RECEIVED AND FILED. No. 55 Request Permission to Trade-in Vehicles The Department of Parks, Recreation and Forestry is requesting permission of your Honorable Body to trade in the following equipment: E504PK 1979--GMC-Dump Truck-Serial #-T17DB9V604026 E507PK-- 1979--GMC-Dump Truck-Serial #-T17DB9V604022 E509PK-- 1979--GMC-Dump Truck-Serial #-T17DB9V604048 E511PK-- 1979--GMC-Dump Truck-Serial #-T17DB9V610819 Also, From our Forestry inventory: John Bean Tree Sprayer--Model 91-Asset #-2736100 John Bean Tree Sprayer--Model 91-Asset # DPT2100 Friend Tree Sprayer-Model-GPA512-Asset #-DPT1900 With reference to the Forestry equipment, the sprayers are over 20 years old, replacement parts not available, they do not meet D.E.C. standards and, along with the fact that our Forestry Division does not spray trees now, nor will they in the near future. If and when permission is granted, we will trade the above for 3 pieces of riding grass cutting equipment and a trailer for this equipment, all of which, we are in dire need. Mr. Pitts moved: That the communication from the Department of Parks, dated August 11, 1994, be received and filed; and That the Commissioner of Parks be, and he hereby is, authorized to trade in the equipment as described in the above communication. PASSED. AYES- 13 NOES- 0. No. 56 Certificate of Appointment Appointment effective August 1, 1994 in the Department of Parks, David Calamita, 503 Delaware Avenue, Buffalo 14202 to the position of Carpenter, Permanent, at the Intermediate starting salary of $25,254. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 57 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: 8155-00098180 2,334.80 8155-00098177 2,225.60 8155-00098106 1,322.75 8155-00098102 3,576.95 8155-00098105 29,185.65 8155-00098100 2,314.65 Total 40,960.40 The above referenced property has been administratively forfeited by the Drug Enforcement Administration (DEA). These checks were received by this Department and duly deposited in Trust & Agency Account 630-065-271-00-000. RECEIVED AND FILED. No. 58 Certificate of Appointment Appointment effective May 16, 1994 in the Department of Police, Michele Ann Graves, 116 Fairfield Street, Buffalo 14214 to the position of Secretary to the Commissioner of Police (Exempt) at the Maximum starting salary of $22,465. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF FIRE No. 59 Certificate of Appointment Appointment effective August 16, 1994 in the Department of Fire Dwayne Cathcart, 89 Johnson Street, Buffalo, New York 14212 to the position of Firefighter, permanent, at the Intermediate starting salary of $31,957. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 60 Certificate of Appointment Appointment effective July 28, 1994 in the Department Kevin L. Hairston, 588 Norfolk Avenue, Buffalo 14215, to the position of Firefighter, Permanent contingent, at the Intermediate starting salary of $31,957. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 61 Certificate of Appointment Appointment effective August 16, 1994 in the Department of Fire Bryan Herring, 122 Brunswick Blvd., Buffalo, New York 14208 to the position of Firefighter, Contingent Permanent, at the Intermediate starting salary of $31,957. REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 62 Certificate of Appointment Appointment effective August 2, 1994 in the Department of Fire, Ronaldo Parker, 480 Cambridge Avenue, Buffalo, 14215 to the position of Firefighter, Contingent Permanent, at the Intermediate starting salary of $31,957. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 63 Certificate of Appointment Appointment effective August 2, 1994 in the Department of Fire Michael Sequin, 60 Pomona Place, Buffalo, 14210, to the position of Firefighter, permanent, at the Intermediate starting salary of $31,957. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 64 Certificate of Appointment Appointment effective July 28, 1994 in the Department of Fire Michael J. Wade, 44 Remington Place. Buffalo, 14220, to the position of Firefighter, Permanent, at the Intermediate starting salary of $31,957. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CORPORATION COUNSEL No. 65 Lump Sum Compensation Settlement Richard LaPorta On February 21, 1989, Richard LaPorta was injured in the course of his employment as a caulker in the Water Department. He was moving a tool box from Truck #93 to Truck #77 when he felt a sharp pain and sustained an injury to his lower back. Investigation determined that his claim is compensable under the Workers' Compensation Law. At the time of the accident, he was 31 years of age. He was determined to have a permanent partial disability and was awarded the sum of $75.00 per week relating to this accident. Mr. LaPorta is no longer in the employ of the City of Buffalo. Payments will continue for the rest of Mr. LaPorta's life. Using the Workers' Compensation Board tables, it is estimated that total future payments for this accident to Mr. LaPorta by the City of Buffalo will be approximately $54,135.00. Mr. LaPorta, through his attorney, has indicated a willingness to accept a lump sum settlement of $15,000.00 in full satisfaction of this compensation claim. This will terminate further liability for future payments on this accident by the City of Buffalo. This settlement will save the City of Buffalo a substantial sum of money in future payments. The Law Department, the Budget Office and the City's Workers' Compensation representative all recommend that your Honorable Body approve the lump sum settlement of this claim for the sum of $15,000.00. Mr. Pitts moved: That the communication from the Corporation Counsel, dated August 9, 1994, be received and filed; and That the Corporation Counsel be, and he hereby is, authorized to accept a lump sum settlement of $15,000.00 in full satisfaction of the Workers' Compensation claim of Richard LaPorta, Caulker in the Department of Water. PASSED. AYES- 13 NOES- 0. No. 66 Compromise Demo. Claim- Shakoor Muslim 20 Moselle Street Shakoor Muslim was the owner of property located at 20 Moselle Street. In 1989, a fire occurred in the premises. Mr. Muslim maintained fire insurance on the property for the fair market value of the property. The value was appraised at $18,000.00. Mr. Muslim flied a claim for fire insurance proceeds with Commercial Mutual Insurance Company. The insurance company refused to pay the claim alleging that an acquaintance of Mr. Muslim was responsible for the fire and was working at the direction of Mr. Muslim. Mr. Muslim commenced a lawsuit against the insurance company seeking payment on his fire insurance claim. In 1993, the City of Buffalo demolished the premises. The City has a lien against any recovery in the amount of $5,500.00. After extensive negotiations in Court, Justice Stiller has strongly recommended that the Defendant insurance company pay Mr. Muslim the sum of $10,000.00 in full settlement of this case. In addition, Justice Stiller has strongly recommended that the City accept the sum of $1,000.00 in full settlement of its demolition lien. The Law Department recommends this settlement for the following reasons. Mr. Muslim has filed for Chapter 13 Bankruptcy. In addition, Mr. Muslim is currently terminally ill and on social security disability. If a compromise is not reached and the case goes to trial, it is possible that a jury might award nothing to Mr. Muslim. In that event, the City would not recover any amount due to the bankruptcy and the fact that Mr. Muslim is in all likelihood judgment proof. In addition, the city foreclosed and sold the property to another individual in 1994. In light of this fact, there is a question as to whether the lien still exists. For the above noted reasons, the Law Department recommends the settlement of this matter for the sum of $1,000.00, payable to the City of Buffalo. Mr. Pitts moved: That the communication from the Corporation Counsel, dated August 25, 1994, be received and filed; and That the Corporation Counsel be, and he hereby is, authorized to accept the sum of $1,000.00 in full settlement of the demolition lien of Mr. Shakoor Muslim, owner of 20 Moselle Street. PASSED. AYES- 13 NOES- 0. No. 67 City of Buffalo v. Christine Schnick On May 26, 1992, a motor vehicle owned and operated by Christine Schnick struck a fire vehicle containing Firefighter Philip Ryan. The accident report indicates that the fire vehicle proceeded through a red light with lights and sirens on while the defendant went through a green light. The fire vehicle was damaged in the amount of $15,998.05 and the firefighter was injured and unable to work for a period of time following the accident. Pursuant to the provisions of the General Municipal Law, the City paid this on-duty firefighter $1,000.47 during the period of his disability. The City commenced an action against Christine Schnick to recover our damages. After considerable discussions, the defendant has offered $10,000.00 in full settlement of this matter. New York Central Mutual Fire Insurance Company is the insurance carrier involved. Comparative negligence would likely be an issue at trial. The pertinent provision of the Vehicle & Traffic Law requires the driver of an emergency vehicle "to drive with reasonable care for all persons using the highway". Vehicle & Traffic Law 1144(b). A judge or jury could find fault with the operator of the City vehicle and either preclude recovery altogether or decrease any recovery in accordance with that fault. In view of this, and the costs of attempting to prove this matter at trial, including, court time for witnesses and medical testimony, the Corporation Counsel recommends settlement in the amount of $10,000.00. Mr. Pitts moved: That the communication from the Corporation Counsel, dated August 9, 1994, be received and filed; and That the Corporation Counsel be, and he hereby is, authorized to accept the sum of $10,000.00 in full settlement of City of Buffalo v. Christine Schnick. PASSED. AYES- 13 NOES- 0. No. 68 City of Buffalo v. Dennis & David Sommer On December 15, 1989, a motor vehicle owned by David G. Sommer and operated by Dennis M. Sommer struck a police vehicle containing Officers Jonathan Walton and William Westbrook. The police vehicle was damaged in the amount of $1,745.65 and the officers were injured and unable to work for a period of time following the accident. Pursuant to the provisions of General Municipal Law, the City paid these on-duty officers $14,386.20 during the period of their disability. In an attempt to recover these costs, the City commenced an action against David and Dennis Sommer. The Sommers, appearing through Royal Insurance, their primary insurance carrier, and Aetna, their excess insurance carrier, paid the property damage in full, however, they refused to pay the salary claim. Royal's position was that their insurance coverage was exhausted in a personal injury claim brought by Officer Walton against the Sommers. As a result, discussions about the case continued with Aetna. After considerable discussions, the excess insurance carrier, Aetna, has offered $11,250.00 in full settlement of this matter. In view of the costs of proving this matter at trial, including, court time costs for at least two police officers, medical testimony to prove the disability, and the possibility that a judge or jury could rule against us, the Corporation Counsel recommends settlement of this case in the amount of $11,250.00. Mr. Pitts moved: That the communication from the Corporation Counsel, dated August 9, 1994, be received and filed; and That the Corporation Counsel be, and he hereby is, authorized to accept the sum of $11,250.00 in full settlement of City of Buffalo v. Dennis and David Sommer. PASSED. AYES- 13 NOES- 0. No. 69 Senior Citizens Immunization Program Item No. 258, C.C.P., July 26, 1994 Opinion No. 94-108 You have asked for an opinion regarding the proposed Agreement between the City of Buffalo and Working Well, Inc. for the latter to provide influenza vaccinations for eligible senior citizens. Upon review, the Agreement as presented appears satisfactory to this department. The terms and conditions are reasonable and fall in favor of the City. All that is required is the submission of the proper insurance certificates to this office for approval. Once that is done, contingent upon your approval, the final document can be submitted to the Mayor for signature. REFERRED TO THE COMMITTEE ON FINANCE. No. 70 Relief for New Owners at 938 Broadway Avenue Item No. 265, C.C.P., 7/26/94 Opinion No. 94-111 This item has been referred to the Law Department for comment. The resolution would require the Commissioner of Assessment to "provide relief to the new owners of 938 Broadway, the One in Christ Church (the "Church"), on their 1994-1995 Tax Bill." The Commissioner of Assessment is without authority to adjust or forgive the 1994-95 property taxes on the parcel in question. When the Church purchased the property at an Erie County In Rem sale, it took title to the property subject to subsequent tax liens. The 1994-95 City tax lien took effect after the sale. An identical situation led to litigation in the case of Matter of 1963 Elmwood Inc. v. Tanzella. et al. 598 NYS 2d 414 (AD 4th Dept. 1993) The Court held unanimously that tax abatement under such circumstances constituted a gift of public funds in violation of Article VIII Section 1 of the Constitution of the State of New York. It is unfortunate that the County In Rem sale precedes the City lien date. Although the sales documents state clearly that the property will be subject to liens which may take effect after the sale date, some buyers seem unaware that this means that City property taxes must be paid. The Commissioner of Assessment is working with County officials to develop a way of notifying potential buyers at the sale of the amount of taxes which will become due. Meanwhile, however, there is no remedy for this Church under the circumstances described in the resolution. REFERRED TO THE COMMITTEE ON FINANCE. No. 71 Disposal of Toxic Soils Item No. 80, C.C.P., 6/14/94 Opinion No. 94-114 The above item requests the Corporation Counsel to draft an ordinance requiring the removal of toxic soil from a site within sixty days of excavation. With respect thereto, the issue arises whether municipalities are preempted from regulating toxic soil removal. Such preemption may result from either federal or state law, or both, because in requiring that all toxic soil be removed from a site within sixty days, the proposed ordinance would prohibit the use of Soil Vapor Extraction Systems ("SVES") to remediate the soil on site, and SVES is a methodology which is permitted under Federal and State law. Title 9 of the New York State Environmental Conservation Law ("ECL") relates to Industrial Hazardous Waste Management defined as the "systematic control of the collection, source, separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous wastes." ECL, Section 27-0901(5). Thus we must look to ECL Title 9 for guidance regarding the removal of any "toxic soil" which by virtue of its contaminants is deemed a "hazardous waste." 6 N.Y.C.R.R. Part 371. With respect to solid waste generally, the ECL specifically provides that the governing body of any county, city, town or village may enhance local laws not inconsistent with Title 7 of that statute. ECL Title 7, Section 27-0711. ECL Title 7 relates to Solid Waste Management and Resource Recovery Facilities. On the other hand, Title 11 of the ECL, relating to Industrial Siting of Hazardous Waste Facilities, expressly preempts local regulation. ECL Title 11, Section 27-1107; see also, Niagara Recycling- Inc. v. Town of Niagara, 83 A.D.2d 316, 443 N.Y.S.2d 951 (4th Dept., 1981). ECL Title 9 contains no express language regarding municipal authority to legislate in the area of hazardous waste management. While ECL Title 9 does not contain a similar statutory proscription against local legislation, its stated purpose is to regulate the management of hazardous waste (from its generation, storage, transportation, treatment and disposal) in this state and to do so in a manner consistent with the Federal Solid Waste Disposal Act, as amended by public law 94-580, the Resource Conservation and Recovery Act of 1976, and as further amended by public law 95-609, the Quiet Communities Action of 1978, public law 96-463, the Used Oil Recycling Act of 1980, public law 96-482, the Solid Waste Disposal Act Amendments of 1980, public law 98-616, the Hazardous and Solid Waste Amendments of 1984, public law 99-339, the Safe Drinking Water Act Amendments of 1986, and public law 99-499, the Superfund Amendments and Re-authorization Act of 1986, herein referred to as "RCRA" (emphasis added). ECL Title 9 further provides that "[n]othing in this title shall authorize the department to adopt or amend any rule or regulation in a manner less stringent than provided in RCRA". ECL Title 9, Section 27-0900. Moreover, any rule, regulation, standard or criterion proposed by the State Commissioner may be subject to prior review and approval of the New York State Environmental Board, unless such rule, regulation, standard or criterion is federally mandated. Matter of Buffalo Sewer Authority v. New York State Department of Environmental Conservation, 151 A.D.2d 95, 546 N.Y.S. 2d 714 (3rd Dept., 1989); People v. Macellaro, 131 A.D. 2d 699, 516 N.Y.S.2d 950 (2nd Dept., 1987), appeal denied, 70 N.Y.2d 801, 522 N.Y.S. 2d 119. Thus, we must look to the provisions of the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. Sections 6901 - 6991i as amended (citations omitted) to determine whether local legislation may be preempted by federal law. As reflected in Section 27-0900, ECL Title 9 in large part derives from and is mandated by specific provisions of RCRA (citations omitted). RCRA provides that "nothing in this chapter shall be construed to prohibit any State or political subdivision thereof from imposing any requirements... which are more stringent that those imposed by federal regulations," 42 U.S.C. Section 6929. This language prevents a conclusion that Congress through RCRA preempted all state and local regulation of hazardous waste disposal. Ensco, Inc. v. Dumas, 807 F.2d 743 (8th Cir. 1986). However, even where current regulation is not totally precluded, state and local enactments are nullified to the extent that they actually conflict with federal law. , Hillsborough County v. Automated Medical Laboratories, 471 U.S. 707, 105 S. Ct. 2371, 85 L. Ed.2d 714 (1985). A conflict exists when the local enactment "stands as an obstacle to the accomplishment and execution of the full purposes and objections of Congress." Ensco, Inc. v. Dumas, 807 F2d 743 (8th Cir. 1986) (quoting Hines v. Davidowitz, 312 U.S. 52, 67, 61 S. Ct. 399, 404, 85 L. Ed. 581(1941)). ECL Title 9, as approved by the United States Environmental Protection Agency, reflects RCRA's emphasis on the need for safe disposal and treatment of hazardous waste. Any local ordinance imposing a "more stringent" rule regarding SVES may be permitted, while a local law which totally prohibits the use of SVES would clearly conflict with both RCRA and the ECL. For example, in Ensco, Inc. v. Dumas, 807 F.2d 743 (8th Cir. 1986), a waste disposal firm brought suit challenging a county ordinance prohibiting storage, treatment or disposal of certain types of hazardous waste. The county argued that its ban on the treatment of certain hazardous wastes (F020 wastes) was "merely a more stringent requirement on disposal," id at 744, as permitted under RCRA (42 U.S.C. Section 6929). The Court rejected the county's argument, stating that the ordinance "ignores that F020 series wastes do exist, and through its ban... in essence mandates that these wastes in [that county] will not be handled in the manner deemed safest by Congress and the EPA." at 745. At issue here is a treatment method expressly permitted pursuant to RCRA and the ECL. While there is no specific federal or state regulation which deals directly with the use of SVES methods, the New York State Department of Environmental Conservation ("DEC") has examined the use of SVES and has deemed SVES an acceptable and appropriate method for the treatment of petroleum contaminated soils. This determination has been made pursuant to lawfully delegated authority to the State through RCRA, and to DEC by the State Legislature. Thus, it is the opinion of this office that local prohibition of the use of SVES methods is preempted by both RCRA and the ECL. Please note, as stated by Peter J. Buechi, P.E., DEC Regional Solid and Hazardous Waste Engineer, local prohibition of the SVES method would require removal of hazardous soils from the site, resulting in much more expensive removal and disposal costs. These costs would inhibit the redevelopment of contaminated sites. Please note also, that an ordinance requiring removal of soil excavated at a site within sixty days of excavation unless such soil is the subject of remediation efforts which have been approved by the EPA and/or the DEC would be legally within the City's police powers and not preempted by either Federal or State law. Kindly advise whether such an ordinance is desired. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE ENVIRONMENTAL MANAGEMENT COMMISSION. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 72 Accept NYS Certified Local Government Subgrant The City of Buffalo has been awarded a $9,600 grant administered by the New York State Office of Parks, Recreation and Historic Preservation (PARKS) under the Certified Local Government (CLG) Subgrant Program. The purpose of the grant is to design a database system for efficiently administering Buffalo Preservation Board records. Hardware/software acquisition, system programming and testing, and system implementation will be undertaken in subsequent phases of the project. Matching funds will be provided by in-kind services provided by the Division of Planning. We request your Honorable Body approve an appropriate resolution authorizing acceptance of this grant by the City, authorize the Mayor to execute an agreement with PARKS for a grant under the CLG Program, further authorize the Mayor to execute whatever documents may be necessary for the receipt of said grant, and instruct the City Comptroller to establish a Trust and Agency Account to account for the grant. Since grant funds will come to the City on a reimbursement basis after work is completed, it is necessary that an interfund cash loan be set up for the purpose of administering the grant. We, therefore, also request that your Honorable Body instruct the City Comptroller to arrange the appropriate loan. Your immediate action is requested due to PARKS' need to have all project agreements executed by September 30, 1994. RECEIVED AND FILED. No. 73 Niagara Mohawk Power Corp. Easement - 2351 Delaware Avenue North Park Library The Department of Community Development hereby request your honorable Body approve the Attached easement prepared by Niagara Mohawk for the installation of a new electrical service at the North Park Library. Immediate approval is being requested so that the work at the construction site can continue to proceed. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 74 Request Environmental Protection Funds Buffalo Local Waterfront Revitalization Program Please be advised the Division of Planning has submitted a grant request to the New York Department of State for $50,000 under the Environmental Protection Fund Title Il, Local Waterfront Revitalization Program (LWRP). The City intends to use the grant funds to complete the City's LWRP. Please contact Kevin Greiner, Director of Planning, or Mark Tytka, Deputy Director, should you require information regarding this grant application. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 75 Report of Bids Street Tree Planting Fall 1994 As authorized by Your Honorable Body, Item No. 53, C.C.P. 5/31/94, the Department of Community Development at the request of the Parks Department, prepared plans and specifications and accepted sealed proposals for Street Tree Planting - Fall 1994. I submit the following report of all bids that were received and publicly opened on August 24, 1994: BIDDER AMOUNT OF BID Gleason's Nursery, Inc. 4780 Sheridan Drive $27,980 Williamsville, New York 14221 DESIGNER'S ESTIMATE $33,000 The proceeding is a true and correct abstract of the only bid received and Gleason's Nursery, Inc. is the lowest reasonable bidder. The location list for the planting these 228 trees is presently being prepared by the Parks Department and will be available for review when completed. Funds for this project are available in C.P.A. 200-717-010. I, therefore, recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work by Gleason's Nursery, Inc. in the amount of $27,980. Mr. Pitts moved: That the communication from the Department of Community Development, dated August 24, 1994, be received and filed; and That the Commissioner of Community Dvelopment be, and he hereby is, authorized to award a contract for street tree planting - Fall 1994 to Gleason's Nursery, Inc., 4780 Sheridan Drive, Williamsville, New York, the lowest responsible bidder in the amount of $27,980, with said cost to be charged against C.P.A. 200-717-010 Account. PASSED. AYES- 13 NOES- 0. No. 76 Report of Bids Eddie Dawson Park Improvements As authorized by Your Honorable Body, Item No. 56, C.C.P. 4/5/94, the Department of Community Development prepared plans and specifications and accepted sealed proposals for Eddie Dawson Park Improvements. I submit the following report of all bids that were received and publicly opened on August 31, 1994: BIDDER AMOUNT OF BID Gleason's Nursery, Inc. 4780 Sheridan Drive $49,033 Williamsville, New York 14221 Birch Grove Landscape & Nursery, Inc. $57,556 P.O. Box 117 East Aurora, New York 14052 DESIGNER'S ESTIMATE $55,000 The proceeding is a true and correct abstract of all received and Gleason's Nursery, Inc. is the lowest reasonable bidder. Funds for this project are available in C.P.A. 200-717-075. I, therefore, recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work by Gleason's Nursery, Inc. in the amount of $49,033. Mr. Pitts moved: That the communication from the Department of Community Devlopment, dated August 31, 1994, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for Eddie Dawson Park Improvements to Gleason's Nursery, Inc., 4780 Sheridan Drive, Williamsville, New York, the lowest responsible bidder in the amount of $49,033, with said cost to be charged against C.P.A. 200-717-075 Account. PASSED. AYES- 13 NOES- 0. No. 77 Increase in Contract 91782100 Massachusetts Avenue Playground Site Work I hereby submit to Your Honorable Body the following Change in Contract for Massachusetts Avenue Playground Site Work with Birch Grove Landscape & Nursery, Inc., Contract 91782100: 1. Add 19 feet of 6 foot high metal picket fence with 4 foot wide gate between two buildings Add $1,190 2. Add 19 feet of 16 inch high timber wall between two buildings Add $ 692 The foregoing change results in a net increase of $1,882. SUMMARY: Original Contract Amount $71,197 Change Order NO. 1 (This Change) 1,882 Revised Amount of Contract $73,079 The changes could not be foreseen at the time the contract was bid. Both items were shown to be constructed by the volunteers, in some form, but omitted for various reasons. The cost for this additional work was reviewed by the Department of Community Development and found to be fair and equitable. Funds for this extra work are available in C.P.A. 200-717-069. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a Change Order to Birch Grove Landscape and Nursery Inc., in the amount of $1,882 as set forth above. Mr. Pitts moved: That the communication from the Department of Community Development, dated August 29, 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 Birch Grove Landscape & Nursery, Inc., changes resulting in a net increase in the amount of $1,882.00, as more fully described in the above communication, for work relating to Massachusetts Avenue Playground Site Work, Contract No. 91782100. Funds to be charged to C.P.A. 200-717-069 Account. PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF STREETS No. 78 Donations For Animal Control Shelter The Department of Street Sanitation has requested the assistance of the Commissioner of Administration and Finance to set up a system whereas the Animal Control Shelter can accept and retain all donations sent to them by the citizenry. In the past months, the Animal Shelter has received both money and products (dog and cat food) and we are seeking a proper way in which to accept donations of all kinds. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 79 Certificate of Appointment Appointment effective August 15, 1994 in the Department of Street Sanitation, Ralph Bagarozzo, Jr., 31 Manchester Place, Buffalo, NY 14213, to the position of Dispatcher, Permanent, at the Intermediate starting salary of $24,941. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 80 Certificate of Appointment Appointment effective July 1, 1994 in the Department of Street Sanitation, Anthony P. Gallo, 26 Tioga Street, Buffalo, New York, 14216, to the position of Tractor Trailer Operator, Temporary, at the Intermediate starting salary of $26,392. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 81 Certificate of Appointment Appointment effective July 1, 1994 in the Department of Street Sanitation, Joseph T. Mancuso, 1015 Parkhurst Blvd., Tonawanda, New York 14150, to the position of Training Officer, Provisional at the Maximum starting salary of $29,976. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 82 Transfer of Title Urban Homestead Program 145 Madison Street Lot Size 30 x 109 The Department of Inspections and Community Revitalization has surveyed the city-owned lot at 145 Madison Street lot size 30 x 109; and it has been determined that the parcel of land is inappropriate for neither construction of new housing nor the construction of public recreation facilities. Mr. Anthony Kevin Montgomery indicated that he will clean, improve, and maintain the lot in the event that he obtain(s) title to the property under the Urban Homestead Program. A letter was sent to Anna Mae Lawrence, 141 Madison Street the other adjacent property owner(s), giving them until July, 1994 to express interest in obtaining 145 Madison Street under the Urban Homestead Program. We have received no response(s). We, therefore, recommend that the city-owned vacant lot be designated as a homestead property and be transferred to Anthony Kevin Montgomery 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. REFERRED TO THE COMMITTEE ON FINANCE. No. 83 Report of Emergency Bids for Properties 51 Box, Etc. Due to the very serious and hazardous condition of the below-listed properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on July 26, 1994 and that the contract will be awarded to the following responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 51 Box Street Peter DelMonte Demolition City of Buffalo $7,900.00 2228 Fillmore Avenue Maplewood Construction City of Buffalo $9,888.00 1605 Genesee St. & Garage Maplewood Construction City of Buffalo $12,288.00 256 Gibson Street Horizon Construction of WNY Inc. City of Buffalo $5,450.00 141 Glenwood Avenue Maplewood Construction City of Buffalo $7,888.00 378 Goodyear & Garage Maplewood Construction City of Buffalo $9,188.00 227 Grey front & rear Maplewood Construction City of Buffalo $12,188.00 364 Guilford Street Maplewood Construction City of Buffalo $5,788.00 59 Halbert Street Maplewood Construction City of Buffalo $5,988.00 439 Jefferson & Garage Ridge Maintenance City of Buffalo $4,500.00 149 Jewett Ave & Garage Lebis Enterprises City of Buffalo $6,100.00 318 Northampton Street Integrated Waste Special Services City of Buffalo $4,920.00 539 Northland Avenue Integrated Waste Special Services City of Buffalo $7,700.00 77 Pershing - Rear Only Ridge Maintenance City of Buffalo $7,500.00 22 Roetzer Street & Garage Integrated Waste Special Services City of Buffalo $6,270.00 57 Rohr Street & Garage Integrated Waste Special Services City of Buffalo $8,630.00 131 Shumway and Garage Peter DelMonte Demolition City of Buffalo $6,900.00 2346 South Park Avenue Maplewood Construction City of Buffalo $7,888.00 1112 Sycamore Garage Only Horizon Construction of WNY Inc. City of Buffalo $1,050.00 Please be further advised that the sewer and water cutoffs will be performed by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully report to your Honorable Body that the cost of the project is to be charged to the Capital Outlay Account #100-241-085-00-900. REFERRED TO THE COMMITTEE ON FINANCE. No. 84 Report of Emergency Demolition Bid for 1324 East Ferry Street & Garage Due to the very serious and hazardous condition of the fire-damaged building located at the above-stated address, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on August 10, 1994 and that the contract will be awarded to the lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 1324 East Ferry Street Maplewood Construction Robert L. Edgecomb $16,600.00 1324 East Ferry Street Buffalo, New York Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE. No. 85 Report of Emergency Demolition Bid for 242 and 244 Prospect Avenue Due to the very serious and hazardous condition of the fire-damaged buildings located at 242 and 244 Prospect Avenue, Fire Commissioner Cornelius J. Keane requested that our department bid these properties for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on August 7, 1994 and that the contract will be awarded to the lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 242 Prospect Ave front & rear Mainline Contracting Thomas J. Kelley $30,000.00 286 Starin Avenue Buffalo, New York 244 Prospect Avenue Mainline Contracting Scott J. Derrett $18,000.00 244 Prospect Avenue Buffalo, New York Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated August 10, 1994 be, received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Mainline Contracting at a cost of $30,000.00, relating to 242 Prospect Avenue front and rear, to Mainline Contracting at a cost of $18,000.00, relating to 244 Prospect Avenue, are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund 500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113, of the Ordinances of the Clay of Buffalo. PASSED. AYES- 13 NOES- 0. No. 86 Report of Emergency Demolition Bid 534-538 Sycamore St Due to the very serious and hazardous condition of the fire-damaged building located at the above-stated address, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on August 23, 1994 and that the contract will be awarded to the lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 534-538 Sycamore Street Lebis Enterprises Abdulsalam S. Shuaibee $26,839.00 536 Sycamore Street Buffalo, New York Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated August 25, 1994 be, received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Lebis Enterprises at a cost of $26,839.00, relating to 534-538 Sycamore Street, is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund 500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113, of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 87 Report of Emergency Bid for Demolition of 177 Winslow Ave Due to the very serious and hazardous condition of the above-stated property, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on June 21, 1994 and that the contract will be awarded to the following responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 177 Winslow Avenue J. Martin City of Buffalo $6,450.00 Please be further advised that the sewer and water cutoff will be performed by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully report to your Honorable Body that the cost of the project is to be charged to the Capital Outlay Account #100-241-085-00-900. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated August 25, 1994 be, received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to J. Martin at a cost of $6,450.00, relating to 177 Winslow Avenue, is hereby confirmed, ratified and approved, with said cost to be charged against the Capital Outlay Account #100-241-085-00-900. PASSED. AYES- 13 NOES- 0. No. 88 Status of 306 Rother Item No. 193, C.C.P. 6/28/94 In regards to your inquiry into the current Status of 306 Rother I wish to supply your Honorable body with the following information. As stated in the Fahey/Franczyk resolution of June 28, 1994 this property has been in and out of court and in and out of the demolition system. Currently this property is being processed through the mandatory hearing procedure as outlined in section 113 of the ordinances of the City of Buffalo. As soon as clearance is received from the Department of Law this building will be scheduled for bid and demolition. It is our sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 89 Program Income From Housing Rehabilitation Loans Item No. 191, CCP, 7/28/94 The Dept. of Inspections and Community Revitalization has a common objective with Mr. Czajka's resolution cited above. The department is keenly aware of the need to provide more rehabilitation dollars for Buffalo's low to moderate income homeowners. In order to meet this need, the department has allocated $1 million of CDBG Year 20 Rehab Funds to the five Neighborhood Housing Services' Revolving Rehab Loan Programs. The department has also structured the loan programs to provide more private participation and a renewed and more efficient loan servicing component to the program. The changes mentioned above will provide more dollars for neighborhood homeowners who need to repair their homes. In the past, it is my understanding that program income from the loan programs was properly utilized under all applicable CDBG and OMB requirements. It is also my understanding that the majority of program dollars generated by loan repayments are used to off set the administrative costs of operating the loan programs. The central issue preventing more recycling of loan repayments is the high administrative costs of funding fourteen (14) CBO's to deliver an annual program of $3 million dollars. This situation has prevented any notable recycling of repayment dollars; with the exception of the NHS Revolving Rehab Loan Programs. The Dept. of Inspections and community Revitalization is committed to creating a loan pool and would greatly appreciate the Common Council's support in making changes that will reduce CBO administrative costs and provide more program dollars through a more cost-effective program delivery system; increased program dollar allocations; secondary market loan sales; and recycling more loan repayment dollars. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 90 Federal Home Loan Bank of NY New Housing Project Approval of Land Disposition Agreement Gal/Van Developers, Inc. and BNRC The City of Buffalo Urban Renewal Agency duly designated Gal/Van Developers, Inc. and Buffalo Neighborhood Revitalization Corporation (BNRC), and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 91 Early Retirement Incentive Under this cover please find a list of employees eligible for early retirement. This document contains the following information as well: (1) the results of a survey that was conducted by the Budget office to ascertain employee interest in the early retirement incentive; (2) the recommendations of department heads on positions which they feel should not be targeted (DEPT N/T), including a brief explanation of their reasoning; and (3) Budget office recommendations on positions which should not be targeted (ADM N/T). It should be emphasized that the list of targeted and non-targeted (NT) positions is tentative; its submission to your honorable body at this time is intended to elicit discussion so that a determination as to which titles should be targeted can be made forthwith to allow eligible employees sufficient time to make their decisions regarding retirement. Please note, the state enabling legislation requires the Mayor to formulate a list of targeted positions and to forward said list to the appropriate retirement system before the end of the open period. If a position is not targeted it means the employee holding that position may not retire under the incentive program. It is important to establish the context in which a decision to target or not target will be made. Our attrition goal is $3.4 million. If all 117 employees who indicated an interest in early retirement elected to retire our savings for the 1994-95 fiscal year would be approximately $1.7 million. This leaves an additional $1.7 million that must be saved through position control and/or other leans. If we choose not to target the 30 employees identified by department heads, our early retirement savings decreases to# $1.27 million, assuming the remaining 87 employees elect to retire. This leaves an additional $2.13 million that just be realized through position control and/or other savings. These numbers demonstrate clearly that it is in our interest to target as many titles as is practicable. The fewer titles we target, the less sense it makes economically, especially in light of our cost for the incentive. Please bear this in mind as you review the list. A meeting of the joint Council/Administration Budget Committee will be convened shortly to continue discussions on this important topic. Please provide any thoughts you may have concerning the early retirement incentive and targeted positions to the Budget office as soon as possible so that a list can be finalized before October 1, 1994. Your thoughtful consideration of this document is extremely important. Any suggestions you may have will be welcomed and thoroughly reviewed by the Budget office and the Administration. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 92 Use Of Credit Cards For Payment Of Parking Violations The City of Buffalo is currently experiencing financial difficulties during the current fiscal year, and that outstanding parking fines and penalties owed to the City total approximately fourteen million dollars. The State of New York has provided enabling legislation allowing the payment of parking fines by credit card. The Department of Administration and Finance/Division of Parking Enforcement respectfully requests that Your Honorable Body consider passing a local law, ordinance or resolution, pursuant to Article II, Section 5, of the General Municipal Law to allow the City to enter into an agreement with a credit card agency in order to accept credit card payments of parking fines. This measure would assist the public in paying their obligations to the City by providing another option for payment, and hopefully, reduce outstanding debts owed to the City of Buffalo. Based upon a review of the proposals submitted, the proposal of Martin Howe Associates Inc appears to address the concerns of the Parking Violations Bureau and is most beneficial to the City of Buffalo from an economic and service standpoint. The primary reasons for this conclusion are: 1). Martin Howe has made no minimum requirement (Annual Sales) versus $1,000,000 for M & T Bank (minimums). These totals are the criteria upon which the discount rates are based. Since this is the first year of credit card operation and we are without prior years revenue statistics, the lower the minimums, the better. Citibank, in its proposal, listed no minimum revenue for the discounts listed. 2). The proposal of Martin Howe Associates, has the lowest absolute discount rates, than the proposals of M & T and Chemical Banks. 3). Martin Howe Associates guarantees the discount rate for a period of three years. The others do not. In addition, Martin Howe's proposal stipulates that the discount rates will decrease as the ticket size increases (as does M & T) but at no time will the discount rate increase for the term of the agreement. This is a very important consideration in a period of rising interest rates. 4). The proposal of Martin Howe is more beneficial per line item than the other two, with the exception of Terminal and Equipment Rental. This however may be purchased as opposed to rented or leased. 5). The auxiliary services listed under Merchant Benefits by Martin Howe are an added service which should facilitate the introduction of this service and also the continuing operation thereof. In closing, I recommend that we enter into contractual obligation with Martin Howe Associates as expeditiously as possible. This being the first year of credit card operation it is imperative that we begin as soon as possible. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 93 Appointment of Director of the Division of Substance Abuse Services Pursuant to the powers vested in me under Article 14-A of the Charter of the City of Buffalo, please be advised that I have appointed Ms. Sandra Mobley-Terry, 30 E. Morris Avenue, Buffalo, New York 14214, Director of the Division of Substance Abuse Services, effective August 8, 1994. Ms. Mobley-Terry has been employed with the New York State Office of Alcoholism and Substance Abuse Services since September of 1993 as the Maternal Addiction Treatment Services Coordinator. She has over twenty-three years of experience in the human services and substance abuse field. Ms. Mobley-Terry has functioned as the Assistant Director/Project Reach, Program Coordinator/TASC, Assistant Program Coordinator/TASC, Senior Intake Evaluator/TASC and Senior Counselor within the City of Buffalo Division of Substance Abuse Services. She has also provided extensive consultation and training to service providers within the human services and substance abuse field. Ms. Mobley-Terry holds a Bachelor of Arts Degree in Psychology from the State University of New York at Buffalo, and a Bachelors of Science Degree in Speech Pathology from Hampton University, Hampton, Virginia. Ms. Mobley-Terry serves on numerous Boards pertaining to substance abuse and human services programs and has an extensive background in volunteer work in the community. Based on the above, I hereby certify that Ms. Mobley-Terry is fully qualified to serve as Director of the Division of Substance Abuse Services. RECEIVED AND FILED. No. 94 Certificate of Appointment Appointment effective August 30, 1994 in the Department of Human Resources, Division of Substance Abuse Services, Lauris D. Robinson, 241 Humboldt Pkwy., Buffalo 14208, to the position of Counselor III, Provisional, at the Intermediate starting salary of $24,103. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 95 Certificate of Appointment Appointment effective July 22, 1994 in the Department of Human Resources, Division of Employment & Training, Rosemary S. Soffin, 35 Hecla, Buffalo, New York 14216, to the position of Manpower Program Coordinator, Permanent, at the Maximum starting salary of $29,273.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 96 Certificate of Appointment Appointment effective August 15, 1994 in the Department of Human Resources, Division of Substance Abuse Services, Joseph M. Mazza, 238 Albany Street, Buffalo 14213, to the position of Deputy Director, Provisional, at the Maximum starting salary of $44,218. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY No. 97 BMHA Filing of EE04 Reports Item #182, C.C.P. June 28, 1994 The Buffalo Municipal Housing Authority is and has been in the practice of filing its EE04 reports with the Division of Human Resources. The BMHA previously filed its EE04 reports with Mr. Hearn in the Division of Human Resources, and BMHA's EE04 reports are on file with the Commissioner of Human Resources. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CITY CLERK No. 98 The following is the report on the validity of the petitions filed to require a voter referendum on term limits for elected officials of the City of Buffalo. In order for me to properly determine the validity of such signatures, I solicited and received the assistance of the Erie County Board of Elections in checking the signatures. Attached and made a part of this report is the Summary of the Board of Elections indicating the number of invalid signatures and the reasons for their being ruled invalid. Also attached is the transmittal letter from the Commissioners of Election, indicating, the rules followed and statutes governing the validity of signatures on petitions. I also report to your honorable body that the total number of votes for Governor at the last gubernatorial election was 78,968 of which 4,936 were blank of scattering, leaving a total of 74,032 votes. Ten percent (10%) of this total would be 7,404 valid signatures. The total number of signatures submitted was 9,928 of which 3,816 have been ruled invalid leaving 6,112 valid signatures. In as much as this figure falls short of the required 7,404, I report to your body that the petition submitted does not comply with the requirements of law. Copies of this report are being sent to Mr. Robert A. Grimm, 1723 Amherst Street, Buffalo,. N.Y., 14217; Mr. Robert A. Grimm, C/O Buffalo Term Limits, 931 Ellicott Sq. Bldg., Buffalo, N.Y., 14203; Mr. Robert A. Grimm, 1100 Rand Bldg., Buffalo, N.Y., 14203 and to Mr. John R. Cookfair III, 543 Franklin Street, Buffalo, N.Y., 14202. Mr. Pitts moved: That the communication from the City Clerk, dated August 8, 1994, be received and filed; and That the report of the City Clerk regarding the validity of the petitions filed to require a voter referendum on term limits for elected officials of the City of Buffalo, submitted to Erie County Board of Elections be, and hereby is, approved. ADOPTED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- FAHEY, LOCKWOOD- 2. No. 99 Mayor Reported Out of State I transmit herewith a communication received by me from the Mayor, reporting his absence from the state from, 12:00 P.M. until 5:00 P.M., Friday, July 29, 1994 and again Tuesday, August 2, 1994 from 1:30 P.M. until 11.59 P.M. RECEIVED AND FILED. No. 100 Auto Allowance The following departments have filed the required certificate relative to the granting of automobile transportation allowances for employees in their respective departments: Bart Sumbrum - Public Works Dept. Lt. Thomas Coyne - Fire Dept. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 101 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 1417 Genesee St. Priscilla Parker 435 Military Rd. Players Ray Naab 727 Elmwood Gregory Giambra 73 Allen St. Diplomat Brian Wilson 140 Main St. Aud Club Sportservice, Inc. 1853 Clinton Donald Frueter 232 Gibson St. Market Bar & Grill Sandra Kuntz REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 102 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller- Stella Canty-Fennel, Joy McDuffie Public Works- Matthew Janicki, Patrick Sole, Jr., Police- Carmen Clark, Daniel Redmond. Corporation Counsel- Rose Marie Rivera Human Resources- Gina Doyle City Clerk - Bryant McCoy RECEIVED AND FILED. No. 103 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 Board of Stadium and Auditorium Municipal Housing Authority Zoning Board of Appeals RECEIVED AND FILED. No. 104 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Appointment effective July 26,1994 in the Department of Common Council, to the position of Intern II, Seasonal, at the Flat starting salary of $4.25 hr. Terry Anderson, 128 Long View St., Buffalo, NY 14211 Emmanuel Hamilton, 50 Grape St., Buffalo, NY 14214 Niam Rahman, 138 East Utica St., Buffalo, NY 14209 Malikah McBurrows, 46 Humber Ave., Buffalo, NY 14215 Appointment effective July 29, 1994 in the Department of Common Council, Joseph Bartsch, 914 Prospect Ave., Buffalo, New York 14213, to the Position of Intern II, Seasonal, the Flat starting salary of $4.25 hr. Appointment effective August 1, 1994 in the Department of Common Council Kenneth Grek, 23 Dunlop, Buffalo, New York 14215, to the position of Intern II, Seasonal, at the Flat starting salary of $4.25 hr. Appointment effective August 11, 1994 in the Department of Common Council, Angelo SanFilippo, 92 Greeley St., Buffalo, N.Y. 14207, to the position of Intern II, Seasonal, at the Flat starting salary of $4.25 hr. Appointment effective August 13,1994 in the Department of Common Council, Shomari James, 151 Newburgh Ave., Buffalo, NY 14211, to the position of Intern III, Seasonal, at the Flat starting salary of $5.00 hr. Appointment effective August 16, 1994 in the Department of Common Council, to the position of Intern II, Seasonal, at the Flat starting salary of $4.25 hr. Bob Meldrum, 461 Hewitt, Buffalo 14215 Jason Merner, 611 Fillmore, Buffalo 14212 Appointment effective August 30, 1994 in the Department of Common Council, Jamie DeCarolis, 87 Arbor Lane #2, Buffalo, 14220 to the Position of Intern II, Seasonal, at the Flat starting salary of $4.25 hr. Appointment effective July 21, 1994 in the Department of Common Council, to the position of Intern III, Seasonal, at the Flat starting salary of $5.00 hr. Veronica Jaycox, 349 Leroy Ave., Buffalo, 14214 Harry Vick, 341 Fougeron, Buffalo NY 14211 Appointment effective August 8, 1994 in the Department of Common Council, Michael A. Clubine, 100 Parkside Court, Buffalo, New York 14214, to the position of Intern III, Seasonal, at the Flat starting salary of $ 5.00 hr. Appointment effective July 25, 1994 in the Department of Common Council, Frank Dileo, 58 Crestwood Ave. Buffalo, 14216 to the position of Intern IV, Seasonal, at the Flat starting salary of $6.00 hr. Appointment effective July 28, 1994 in the Department of Common Council, Haleema Halim, 92 Ericson Ave., Buffalo 14215 to the position of Intern IV, Seasonal, at the Flat starting salary of $6.00 hr. Appointment effective August 11, 1994 in the Department of Common Council, Angel J. Rodriguez, 602 Plymouth, Buffalo, 14213, to the position of Intern IV, Seasonal, at the Flat starting salary of $ 6.00 hr. Appointment effective August 19, 1994 in the Department of Common Council, Nicole Notaro, 411 Lafayette, Buffalo, 14213 to the position of Intern IV, Seasonal, at the Flat starting salary of $ 6.00 hr. Appointment effective August 29, 1994 in the Department of City Clerk, Robert Menz Jr., 82 Kail St., Buffalo, NY 14207, to the position of Intern IV, Seasonal, at the Flat starting salary of $6.00 hr. Appointment effective August 29,1994 in the Department of City Clerk, Richard Keith. 16 No. Parade, Buffalo, 14211, to the position of Intern IV, Seasonal, at the Flat starting salary of $ 6.00 hr. Appointment effective August 15, 1994 in the Department of Common Council, Chantal Michaux, 222 Taunton, Buffalo, NY 14216, to the position of Intern V, Seasonal, at the Flat starting salary of $8.00 hr. Appointment effective September 1, 1994 in the Department of Common Council, Eric Cunningham, 19 Doyle, Buffalo, 14213 to the position of Intern V, Seasonal, at the Flat starting salary of $8.00 hr. Appointment effective August 30, 1994 in the Department of Common Council, Wendy B. Clubine, 100 Parkside Court, Buffalo, 14214 to the position of Intern V, Seasonal, at the Flat starting salary of $ 8.00 hr. No. 105 Appointments-Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. REFERRED TO THE COMMITTEE IN CIVIL SERVICE. Appointment effective July 25, 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. Tammy Colley, 133 Avery, Buffalo, NY 14216 Ryan McCleary, 51 Crestwood, Buffalo, NY 14216- Jed Drury, 67 Trinity, Buffalo, NY 14201 Amina Zinnerman, 23 Girard Place, Buffalo, NY 14211 David Gawrys, 576 Linden Avenue, Buffalo, NY 14216 Leon Edwards, 318 Wyoming, Buffalo, NY 14215 Andrew Denne, 151 Crestwood Avenue, Buffalo, NY 14218 Sam White, 51 Crestwood, Buffalo, NY 14216 Melanie DiJames, 52 Lovering, Buffalo, NY 14216 Tynisa Frida, 429 Cornwall, Buffalo, NY 14214 Micaiah Young, 727 Kensington Avenue, Buffalo, NY 14215 Dennis Taylor, 240 Linden Avenue, Buffalo, NY 14216 Darryl Toliver, 408 Northland, Buffalo, NY 14208 Robert Learnd, 23 Cherry Street, Buffalo, NY 14204 Appointment effective July 26, 1994 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Programs Christopher M. Giambra. 1530 Hertel Ave, Buffalo, NY 14216 to the Position of Intern II, Seasonal, at the Starting Salary of $4.25 hr. Appointment effective August 1, 1994 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Programs to the position of Intern II, Seasonal, at the starting salary of $4.25 hr. Troy Wilson, 44 Montana, Buffalo, NY 14211 Joseph Malkinski, 744 Amherst Street, Buffalo, NY 14216 Appointment effective August 3, 1994 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Programs to the position of Intern II, Seasonal, at the starting salary of $4.25/hour Andre Manuel, 408 Northland, Buffalo, NY 14208 Michael K. Moynihan, 127 Admiral Rd., Buffalo, NY 14216 Appointment effective August 5, 1994 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Programs, Cleveland A. Howell, 41 Stevens, Buffalo, NY 14215 to the position of Intern II, Seasonal, at the starting salary of $4.25/hour No. 106 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF STADIUM & AUDITORIUM Appointment effective July 25, 1994 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium to the position of Laborer I, Seasonal, at the Flat starting salary of $ 6.22 hr. Garrett P. Murphy, 79 Marine Dr. Apt. #3B, Buffalo, 14202 James E. Ortwein, 190 Herkimer Street, Buffalo, 14213 DEPARTMENT OF ASSESSMENT Appointment effective August 15, 1994 in the Department of Assessment, Florence A. Alessi, 791 Busti Avenue, Buffalo NY 14213, to the position of Clerk, Seasonal, at the Flat starting salary of $5.20/hour DEPARTMENT OF PUBLIC WORKS Appointment effective August 8, 1994 in the Department of Public Works, Division of Water, Lisa Capell, 1536 Delaware Avenue, Buffalo, New York to the position of Clerk, Seasonal, at the Flat starting salary of $5.20 hr. Appointment effective August 1, 1994 in the Department of Public Works, Division of Water, Kathleen Wachowicz, 81 Barnard Street Buffalo, 14206 to the position of Account Clerk, Seasonal, at the Flat starting salary of $5.46 hr. Appointment effective August 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. Charles Loubert, 906 Prospect Ave., Buffalo, NY 14213 Charles Lockwood, 388 Herkimer, Buffalo, NY 14213 Appointment effective 8/1/94 in the Department of Public Works, Division of Engineering to the position of Laborer I, Seasonal, at the Flat starting salary of $6.22 hr. Michael W. Schmitt, 131 Parwood Dr., Cheektowaga, NY 14227 Sandra A. Ortolano, 20 Fairchild Pl., Buffalo, NY 14216 John Miceli, 410 Massachusetts St., Buffalo, NY 14213 Gregory Wagner, 47 Van Rensselaer St., Buffalo, NY 14210 Brian Wells, 110 Whitefield Ave., Buffalo, NY 14220 Michael Edwards, 51 Alsace Ave., Buffalo, NY 14220 Mark Stetter, 92 Fillmore Ave., Buffalo, NY 14210 Michael Lane, 67 Winspear Ave., Buffalo, NY 14214 Robert Dronckowski, 47 Marine Dr. Apt. 3F Buffalo, NY 14202 Mark Bonadonna, 135 Stratford, Buffalo, NY 14216 DEPARTMENT OF PARKS Appointment effective July 22,1994 in the Department of Parks, Division of Recreation, David Zachery, 102 Laurel Street, Buffalo 14209, to the position of Supervising Lifeguard, Temporary, at the Flat starting salary of $5.98 hr. Appointment effective August 17, 1994 in the Department of Parks Division of Recreation, Norida Mendez, 123 Ideal, Buffalo 14206 to the position of Lifeguard, Seasonal, at the Flat startling salary of $5.20 hr. DEPARTMENT OF POLICE Appointment effective August 29, 1994 in the Department of Police, to the position of Civilian School Crossing Guard, Permanent, at the Minimum starting salary of $5.71 hr. Donna Davey, 280 14th Street, Buffalo 14303 Delores Utzig, 44 Eckhert Street, Buffalo 14207 Audrey Poincelot, 26 Penfield Street, Buffalo 14213 Danette Richardson, 63 Adams Street, Buffalo 14206 Jean Marie Doyle, 179 Newfield Street, Buffalo 14207 Wendy Amoia, 313 Norwood Avenue, Buffalo 14222 Ivette Johnson, 284 Grape Street, Buffalo 14204 Cynthia Young, 30 Tremont Street, Buffalo 14213 Diane Mahoney, 36 Ulman Street, Buffalo 14207 Carla Clemmons, 266 Moselle Street, Buffalo 14211 Cecilia Primus, 158 Loepere, Buffalo 14202 Carol Mercado, 437 Fargo Avenue, Buffalo 14213 Susan Martin, 68 Pomona Place, Buffalo 14210 Patricia Walker, 211 West Ferry Street, Buffalo 14213 Appointment effective August 5, 1994 in the Department of Police, Elijah Abram Jr, 268 Garden Parkway, Williamsville 14221, to the position of Lieutenant, Contingent Permanent, at the Flat starting salary of $48,310. Appointment effective August 5, 1994 in the Department of Police to the position of Lieutenant, Permanent, at the Flat starting salary of $48,310. Linda Krajewski, 11201 Maplewood Road, Attica NY 14011 Frank DiPasquale, 260 Carolina Street, Buffalo 14201 Anthony J Barba, 299 Zimmerman Road, Tonawanda NY 14223 Kevin Keane, 5220 Berg Road, West Seneca 14218 Barry A Gawlick, 30 Rugby Road, Buffalo 14216 Appointment effective August 5, 1994 in the Department of Police David J Andrews, 64 Lordan Drive, Cheektowaga 14227, to the position of Police Captain, Contingent Permanent, at the Flat starting salary of $55,349. DEPARTMENT OF FIRE Appointment effective August 2, 1994 in the Department of Fire Richard Campanile, 3920 N. Freeman Road, Orchard Park, NY 14127 to the position of Fire Lieutenant, Contingent Permanent, at the Flat starting salary of $45,982. Appointment effective August 2, 1994 in the Department of Fire Thomas Heldrum, 351 Highland Avenue, Williamsville 14221 to the position of Fire Lieutenant, Permanent, at the Flat starting salary of $45,982. DEPARTMENT OF INSPECTIONS & COMMUNITY REVITALIZATION Appointment effective 7/21/94 in the Department of Inspections and Community Revitalization, Rosabella Sosa, 224 West Ferry, Buffalo, New York 14213 to the position of Clerk, Seasonal, at the Flat starting salary of $5.20/per hour Appointment effective 8/8/94 in the Department of Inspections & Community Revitalization, Theresa Falsone, 209 Parkdale, Buffalo, New York 14213 to the position of Clerk, Seasonal at the Flat starting alary of $5.20/hour. DEPARTMENT OF ADMINISTRATION & FINANCE Appointment effective August 8, 1994 in the Department of Administration and Finance, Division of Parking Enforcement William J. Laufer, 148 Brinkman, Buffalo 14211, to the position of Clerk, Seasonal, at the Flat starting salary of $5.20/hr Appointment effective August 15, 1994 in the Department of Administration and Finance, Division of Parking Enforcement, Mary Ann Urso, 363 Normal Avenue, Buffalo 14213, to the position of Clerk, Seasonal, at the Flat starting salary of $5.20 hr. Appointment effective August 22, 1994 in the Department of Administration and Finance, Division of Parking Enforcement, Nereida Torres, 141 16th Street, Buffalo 14213, to the position of Clerk, Seasonal, at the Flat starting salary of $5.20 hr. Appointment effective September 6, 1994 in the Department of Administration and Finance, Division of Parking Enforcement, Helen Miranda, 7 Susan Lane, Buffalo 14220, to the position of Clerk, Seasonal, at the Flat starting salary of $5.20/hr. DEPARTMENT OF HUMAN RESOURCES Appointment effective August 8,1994 in the Department of Human Resources, Division of Youth, Paul Crowley, 40 Portland Street, Buffalo, 14220, to the position of Community Aide, Temporary, at the Flat starting salary of $5.46 hr. Appointment effective August 8, 1994 in the Department of Human Resources, Division of Youth, Joseph Bunk, 78 Dash Street, Buffalo, 14220, to the position of Community Field Worker, Temporary, at the Flat starting salary of $6.55 hr. DEPARTMENT OF GENERAL SERVICES Appointment effective August 17, 1994 in the Department of General Services, Division of Inventory & Stores, Luis T. Feliciano 79 Manchester PI., Buffalo, 14213, to the position of Laborer II Seasonal, at the Flat Starting Salary of $6.92/Hr. No. 107 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) RECEIVED AND FILED. DEPARTMENT OF PUBLIC WORKS Appointment effective August 15, 1994 in the Department of Public Works, Division of Water, William Link, 56 Kamper Street, Buffalo, New York 14210 to the position of Machine Operator, Permanent, at the starting salary of $ 22,500.00. Appointment effective August 15, 1994 in the Department of Public Works, Division of Water, Richard Calorico, 348 Newburgh Avenue, Buffalo, New York 14215, to the position of Maintenance Assistant-Water at the Minimum starting salary of $23,210.00. Appointment effective July 26, 1994 in the Department of Public Works, Division of Water, Frank Mangione, Jr., 221 Roesch Avenue Buffalo, 14207 to the position of Assistant Water Distribution Superintendent, Provisional, at the Minimum starting salary of $ 34,570. DEPARTMENT OF PARKS Appointment effective August 15, 1994 in the Department of Parks, Lonnie Pieczynski, 320 Barnard Street Buffalo 14206, to the position of Laborer II, Permanent, at the Minimum starting salary of $ 9.85 hr. DEPARTMENT OF POLICE Appointment effective August 5, 1994 in the Department of Police, to the position of Police Officer, Permanent, at the Minimum starting salary of $ 30,860. Sharon L Anderson, 287 Roesch Avenue, Buffalo 14207 Alexander J Benitez, 348 Dartmouth Avenue, Buffalo 14215 Kenneth Anaya Sr., 959 Broadway Apt 101, Buffalo 14212 Edwin Perez, 64 Trowbridge Street, Buffalo 14220 Barbara L Jackson, 134 Roma Avenue, Buffalo 14215 Mariette E Lillis, 30 Densmore Avenue, Buffalo 14220 Joseph Chojnacki III, 545 Marilla Street, Buffalo 14220 Randall W Ammerman, 341 Colvin Ave. Apt #1, Buffalo 14216 David D Littere, 53 Wilbury Place, Buffalo 14216 Carmen D Clark, 203 W Woodside Avenue, Buffalo 14220 Daniel P Redmond, 117 Dundee Street, Buffalo 14220 Frank J Gizzo Jr., 360 No Park Avenue, Buffalo 14216 James A Stabler, 90 Richlawn Avenue, Buffalo 14215 Appointment effective August 24, 1994 in the Department of Police, Jeffrey C Chambless, 1290 Delaware Apt SE, Buffalo 14209, to the position of Police Officer, Permanent, at the Minimum starting salary of $ 30,860. DEPARTMENT OF GENERAL SERVICES Appointment effective August 8, 1994 in the Department of General Services, Division of Inventory & Stores, Zoraida Matos 198 Prospect Ave., Buffalo, 14201, to the position of Contract & Specifications Clerk, Permanent, at the Minimum starting salary of $24,576/YR. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 108 ACQUEST HOLDINGS, INC. Abandon/Sell Flint Alley We have proposed a build-to-suit building for the Federal Bureau of Investigation (FBI) in downtown Buffalo. Our proposed site is on Niagara Square at 108 Delaware Avenue. See enclosed aerial photograph and survey. During a recent meeting with representatives of The General Service Administration (GSA) and the FBI, there was a concern raised regarding the issue of security. It was suggested that the security of the proposed facility would be greatly enhanced by closing off that portion of Flint Alley which runs directly behind the proposed building. We are therefore requesting that the City abandon that portion of Flint Alley which runs adjacent to the proposed new FBI Headquarters, and that this request be placed on the agenda for the next meeting of the Common Council. If the GSA in conjunction with the FBI chooses this location, the last vacant parcel on Niagara Square will be completed with an important government building. We believe this site is the most appropriate location for the FBI. Niagara Square would be complete with City, State and Federal facilities. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 109 BISON'S BASEBALL, INC. Persons Receiving Complimentary Season Tickets This will constitute the report of the Buffalo Bisons concerning the above-referenced resolution asking for information on any gifts received from the Buffalo Bisons by public officials and members of the city board and agencies. Upon review of the list provided by your Department, Mike Mulderig (who was the supervisor at Pilot Field but has since left to join the police department) was the only one who received complimentary season tickets from the Buffalo Bisons. * In the event that you have any further questions or concerns, please do not hesitate to contact me. Thank you. * Upon Mr. Mulderig's appointment to the Police Department, the balance of the unused tickets were returned to the Bisons. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 110 BUFFALO BLIZZARD Persons Receiving Complementary Tickets In response to a letter received from Mary Lou Hooper, The Council of the City of Buffalo, dated August 17, 1994, You will find listed below the names of individuals who received complimentary Blizzard season tickets for the 1993-94 season: REFERRED TO THE COMMITTEE ON LEGISLATION. No. 111 BCAM 6 Month Budget Request Buffalo Cable Access Media (BCAM), is submitting its FY 94-95 budget for a six (6) month period. This time period parallels with the extension period granted TCI to continue to provide cable television service in Buffalo until 2/12/95. This budget will commence upon approval by the Common Council, and remain in effect until 2/12/95. BCAM is requesting $50,200 be allocated for its operation during this period. Furthermore, BCAM is requesting that payments be made in accordance with its contract that receipt of monies be paid quarterly. The following are the dates in which the requested monies shall be made. 1st payment due upon passage of budget -16,600 2nd payment due October 1, 1994 -16,800 3rd payment due January 1, 1995 -16,800 All request and allocations are based on a maximum of $100,000 for FY 94-95. The remaining revenue detailed in our budget to support public access, will come from two (2) grants awarded BCAM, and from a fundraiser scheduled for Sept. 29th The following is a summary of the attached FY 94-95 budget: Personnel Effective September 26, 1994, BCAM will return two (2) of its employees to full-time (40 hrs. per week). The Executive Director will began working 35 hrs. per week effective the above stated date. The two (2) remaining employees will remain at part-time (20 hrs. per week), for the six month period. Utilities For the six month period are based on an average of the actual costs for the same period during FY 93-94. Although, additional monies have been added for telephone service. Services All monies received from the Buffalo Community Partnership and the Wendt Foundation grants has been designated to assist BCAM in increasing the community's awareness of our services. These monies will allow us to publish a more effective newsletter, re-vamp our community education sessions, and introduce new programming on the channel. Fundraising BCAM has received a grant for $2,000 from Buffalo Community Partnership, and a $10,000 grant from the Margaret L. Wendt Foundation. Both grants will support community oriented projects. Additionally, through our direct appeals campaign, we have raised $3,375 to date from the community. Furthermore, BCAM has scheduled fundraiser for Sept. 29th. The projected amount to be raised from this event is $6,400. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 112 BUFFALO BACKFLOW SERVICES Req. Independent Inspections Of Backflow Devices Thank you for your time on the phone today. As 1 explained, it is my understanding that there will be a proposed change to the city's plumbing code as it relates to the inspection of backflow preventive devices coming to the council in the near future. The specific change to the code will allow only licensed plumbers to inspect these devices. This will give these few companies a monopoly on this service, thus driving the cost up for both the commercial property owner in the city of Buffalo as well as the city itself. Let me first explain what a backflow device is and what service needs to be provided. The state of New York (and every other State) has charged local water providers with insuring that the water they provide to customers is free of any contaminants. One of the ways the water authority insures this is by requiring that every one of its' commercial customers has a backflow preventive device installed on their water main. Obviously, the water authority cannot control or monitor what happens to water once it enters a customer's property. The backflow device, when working properly, will prevent any contaminated water from backing up into the water supply lines outside the customer's own building. Now I said "properly" working devices would prevent contamination. To insure these devices are properly working, they must be inspected by a state certified inspector after installation and annually there after. A plumbing design which includes such a device must be done by a licensed architect or professional engineer. The actual installation, although not specified, should be done by a licensed plumber. Now we are talking about three (3) professional parties, all having expertise in their own respective areas. One party, the architect, to design the best functioning system for the customer and one that meets local plumbing code. One party, the licensed plumber, who makes all the connections and insures the architect's design was correct. One party, the certified inspector, who insures the backflow device is functioning properly. The proposed change to the plumbing code would basically eliminate one of these professionals, the independent state certified inspector. The new code would have the plumber, the person who did the installation, also be the person certifying the work (the actual device) was working properly. This would seem to be a conflict of interest. I realize plumbers are men of integrity and would not do shoddy work, but never the less no one wants to give a customer the impression his work is not top quality. That is the exact message which would be sent to the customer if a plumber has to tell his customer all the plumbing work is completed, but the water cannot be turned on because the backflow device did not pass inspection. We are talking about a device that protects the general populous from accidental contaminations which may and have taken place within commercial properties. Why shouldn't an independent, such as myself, be allowed to "inspect" these devices. We have the knowledge and expertise to do the job properly. The state of New York has attested to that fact by giving us certification. There is no intent to cross over into either of the other two areas. We do not wish to install these devices. Any work, outside of the actual inspection of the device, will be give to the licensed plumber or designing of to a licensed architect. Now to the cost to the commercial property owner and the city tax payer. independent inspectors charge between $60 and $75 per inspection. If we are out of the picture, the rates will surely double or even triple. It is the law of supply and demand. If you reduce the number of companies providing a service, the cost for that service will go up. Now this may not seem like a lot of money, but it will be just one more reason not to by business property in the city of Buffalo or one more reason to relocate to the suburbs taking their tax dollars with them. The city of Buffalo will also, and has, experienced a cost increase. The city's housing authority (1 have been told) has just signed a contract with a licensed plumber to inspect the 150 backflow devices on its' buildings. The cost to the city of Buffalo will be over $100.00 per device. The going rate by independents for this service is between $60.00 and $75.00. This means it has already cost the city of Buffalo (the tax payer) more money than it needed to. Mr. Helfer, I own a home in your district. I also operate a business in the city of Buffalo. Right now both are going to be effected by this code change if it is passed. If this code excludes people like me from being able to inspect backflow devices, I am out of business and my property taxes will surely go up because of the city's increased costs. Any help_ you could give in this matter would be greatly appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 113 CANISIUS COLLEGE Concern Over Denial Of Rectory Demo. Permit On behalf of officials at Canisius College, l am writing to express our concern and disappointment regarding the failure of the Buffalo Common Council to approve a capital project proposed by the College involving the demolition of the former rectory of the St. Vincent de Paul Church and the replacement of that building with an expansion of an adjacent parking lot. The interest of the College in this project is a carefully considered and well evaluated one. As a result, we view the Common Council's decision as a very serious matter. When the College entered into discussions with the Catholic Diocese of Buffalo for the purchase of the St. Vincent de Paul Church and rectory building, it gas our every intention to fully utilize the rectory building. As a matter of fact, it was the rectory building in which we had the most interest because it was the only property on the south side of Eastwood Place, on our main campus, that was not in the possession of the College. However, two independent appraisals of the building determined that our renovation of it to the type of facility which we had originally planned would involve an expense that we found prohibitive. That expense was several times more than the purchase price or value of the building and we determined that the building renovation was impractical. At the same time, you certainly know of our ongoing struggles with parking on campus. We have fewer than 1,600 parking spaces under our control, and we have about 6,000 students, employees, and others with parking privileges. With a moribund building adjacent to an existing parking lot, our natural inclination was to expand that lot by demolishing the building and achieving a slight increase in on-campus parking resources. I trust that you can see why this project made such sense to us. Over the past five week's, College officials expended substantial effort in attempting to dialogue with our neighbors and community leaders about this project and its effects. Mrs. Martha Veasey, the Director of Community Relations at Canisius, began polling our neighbors about the project on June 24. She hosted a meeting to discuss the project and worked very hard to ensure neighborhood support, and she believed she had secured it. To our surprise and chagrin, the Hamlin Park Taxpayers and Community Association (HPTCA) failed to approve this project at its meeting in July. It is my understanding that the only concerns for the project that were expressed were that a "precedent" would be established for other actions by the College and that the extension of the parking lot would be a hazard to residents. Since that action, Mrs. Veasey has attempted, on virtually a daily basis, to meet with representatives of HPTCA, but they have been non-responsive and unwilling to meet and discuss this matter. I know that Mrs. Veasey has kept you informed about this and that she has been in routine contact with Mr. Charles Perkins, the President of HPTCA. It seems to me as though College officials have followed all established procedures for the approval of such projects, and we have made vigorous and continued attempts to stay in contact with the leadership of HPTCA. Nonetheless, from our perspective, a reasonable and thoughtful proposal for improving our property has not been approved by the Common Council. The action by the Council could have dire consequences for the College. You know well how competitive college admissions procedures are, and I hope you can imagine how important campus appearance is to the student recruitment process. The action by the Council forces us to keep a vacant, unusable building on our main campus, and we have no explanation for why that is the case. At the same time, we will continue to suffer criticism from members of the College community and from visitors for our inability to provide sufficient parking and our failure to expand parking resources. I think you might know that Rev. Vincent M. Cooke, S.J., President of the College, has placed high priority on the physical appearance of the College. It is his hope that we can improve the condition of the College campus in ways that will make the physical plant an asset to our image. I also know that he is very anxious to maintain effective and positive relationships with the local community. In spite of what we believe to have been good efforts, these latest developments are a setback in these two areas of his concern, and I know that Father Cooke is disappointed by the actions of the Common Council. I believe that Father Cooke will be in touch with you sometime later this month to arrange a mutually convenient time to meet with you, so this can be more fully discussed. I will welcome any advice you have on how we could have better managed this project. We thought we were following the rules established for us, and I know that our intentions and motives are good. There is no hidden agenda in this project proposal. Please let me know what you think we need to do to better accomplish our objectives. We will benefit from your advice and counsel. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 114 PAUL CAPUTO Maintain Current Alternate I Parking- Beard Ave. I have enclosed with this letter six (6) pages of petitions that have been signed by real property owners and residents of Beard Avenue. I formally request that you submit the enclosed petitions to the Traffic Engineer, John Bidell. Thank you. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 115 J. JUDELSOHN Favor Change To Alternate II Parking- Beard Ave. I have enclosed a petition with the required signatures from 75% of the property owners on Beard Avenue, between Hertel and Starin Avenues, requesting that the current Alternate I parking restrictions be changed to Alternate II, which would allow parking on both sides of the street after 4:00 PM weekdays and all day Saturday and Sunday. We are requesting this change because we recognize that the current Alternate I restrictions are outdated, inconvenient, and a hardship for most. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF STREET SANITATION AND THE CORPORATION COUNSEL. No. 116 J. CARRIERO Oppose Need For Electrical Permit 1233 Main St. I am writing to you as a follow up to our telephone conversation of August 17, 1994 and my problem with the inspectors in the City of Buffalo. As you know in October of 1993, I asked for and was granted by the Common Council permission to install a flag pole for the United States Post Office at Main and Northampton as they are my tenants. Because of the harsh winter and its length, we did not complete the installation of the pole until the end of this July. In-order to complete this project, I instructed my maintenance people to install a flood light that would illuminate the flag of our country, so that it could be flown continuously as required by the Post Office. My people were almost done with this when they were told to stop all work, by a man who verbally identified himself as Charles P. Moore, an Electrical Inspector for the City of Buffalo. At this time he offered no formal identification via a card or anything, so after much discussion we decided to finish the job. The flag pole looks wonderful and the Post Office is thrilled with the outcome, but, yesterday I received a notice of violation from the City of Buffalo Department of Electrical Inspections (copy enclosed). The violations I am charged with are installing a flood light without a permit (which costs $50.00) and not having a licensed Master Electrician install the same. The Installation of this flood light, from an existing junction box was a very basic wiring task that my maintenance people were perfectly capable of. As for the $50.00 permit, I was told by The Chief Electrical Inspector that only the Common Council could waive the charge. As per our discussion that is what I am asking you and your fellow member of the Council to do. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 117 Z. GORALSKI Protest Interest On Property Tax 397 Newburgh Around June 15th, before departing for Europe (on June 24), I have called the City Hall Finance Office, and offered to pay my Property Tax and Sewer Bill ahead of time, knowing that I would otherwise mass the deadline of July 31, since our return was scheduled for Aug. 12, 94. I was told that such payment was not possible because of new rates, etc. Upon returning I did pay my taxes in the amount of $ 397.20 (plus Sewer Bill), however, my check has been returned with the note (attached). What is even more outrageous is the usurious interest of $17.87 which represents interest for the entire year. I must strongly protest such methods. The City Hall Finance bureaucrats are doing their best to chase away all law-abiding citizens from this city. Thanks again for you assistance. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 118 IMAM ANSARI Request Lease Of Vacant Lot Fillmore/French It has been brought to my attention that the parking lot owned by the city (located at the corner of Fillmore and French Street) could possibly be leased for a nominal fee. If this is possible, we will be responsible for the liability, maintenance etc. We greatly appreciate the use that has been already extended to us. Please advise us in how we could possibly expedite this objective. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION COUNSEL. No. 119 GRANT/FERRY MARKET PLACE Oppose Closing Pct. 5 Recently some disturbing news has come to the attention of the Grant/Ferry Market Place businessmen. We are aware of the Consolidation Plan and understand that Precinct #5 will be moving out of the area due to the City's consolidation of Police Precincts. We feel that this move would be detrimental to our area and businesses. The Grant/Ferry Market Place is one of the few commercial areas left in the City. We respectfully request a "Public Hearing" regarding this matter. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE. No. 120 NATIONAL FUEL Oppose Ordinance On New Taxi Stands It is my understanding that on Tuesday, July 12, 1994 the Buffalo Common Council voted to adopt the above referenced resolution which designates three new areas in the City of Buffalo as "Taxi Stands" where taxis may park while awaiting customers. One of those areas, the north side of Lafayette Square, is situated directly in front of the only entrance to National Fuel's corporate headquarters at 10 Lafayette Square. While we applaud the Council's efforts to encourage activity in downtown Buffalo by way of increased taxicab accessibility, we strongly oppose the use of this particular spot as a Taxi Stand for the following reasons: Presently there is a Taxi Stand located directly across Lafayette Square from this new proposed site. Approximately eight taxis can already line up on the south side of Lafayette Square, a short 50 yard walk across the park. National Fuel is the sole tenant of the twenty story building at 10 Lafayette Square and also occupies a considerable amount of space in the Rand Building next door. The only entrances to our building, both pedestrian and freight, are located adjacent to the proposed Taxi Stand. In the daily course of doing business, numerous delivery vehicles, contractor's vans and mail trucks (over 22,000 gas bills are generated here each day) need to use this limited access. For exactly that reason, at one point National Fuel had a Loading Zone area designated in front of our building. Unfortunately, that designation was rescinded during the Griffin Administration, but we are in the process of re-applying for a 30-40 foot Loading Zone permit at this time. Additionally, this particular location is not conducive for a Taxi Stand due to the narrow width of the street and the congestion caused by its being a major east to west thoroughfare through the City. In fact, during the reconstruction of Lafayette Square a few years ago, provisions were specifically made to accommodate a Taxi Stand on the south side, but not the north side, of the Square. National Fuel's headquarters has 650 employees who work, shop and dine in the City of Buffalo each day. We are proud to be a part of the downtown community, but we need to be able to run our business efficiently. The creation of the Taxi Stand at this location would severely hinder our ability to do so. In closing, I ask you to acquaint yourself, as you always do, with all the details and concerns which must be balanced here so that the best interests of both the citizens and the businesses of Buffalo are properly served. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS. No. 121 NYS DEPT. ECONOMIC DEVELOPMENT Designation Of Economic Development Zone Pursuant to Article 18B, Section 959(e) of the General Municipal Law, notification is hereby given of the designation of an area in your taxing jurisdiction as an Economic Development Zone. The effective date of designation is July 27, 1994 and will continue for a period of ten years. Areas of New York State designated as Economic Development Zones are subject to special provisions of the State and local tax laws under the provisions of Article 18B. We are enclosing a copy of the "Local Laws", which describe the boundaries of the zone. Any questions you may have regarding this designation may be addressed to the Economic Development Zones Program office, Suite 980, One Commerce Plaza, Albany, New York, 12245, or the local Zone Administrator. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE CORPORATION COUNSEL. No. 122 NYSDEC Draft Of Canoe Trail Guide I have appended for your information a semi-final draft of the Buffalo Canoe Trail Guide. The Region has completed its work on the Guide incorporating many of the comments offered by those who acted as our review group. The Guide is now being sent to our Albany office fob their final review/editing. If you have any major problems with the text, please contact me as soon as possible. REFERRED TO THE COMMITTEE ON LEGISLATION, THE ENVIRONMENTAL MANAGEMENT COMMISSION, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 123 NYS DEPT. OF LABOR Audit Report- Safety/Health Training/Education Programs We have examined the financial operations of the Occupational Safety and Health Training and Education Program, Contract No. 005431, administered by the City of Buffalo Common Council for the period February 5, 1990 through October 31, 1990. In connection therewith, we have examined the financial reports submitted by the auditee to the New York State Department of Labor. These reports are summarized in Schedules A and B. Our examination was made in accordance with provisions of the "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions", 1988 revision by the U.S. General Accounting Office, Comptroller General of the United States. Our examination included such tests of the accounting and program records and such other auditing procedures as we considered necessary in the circumstances. Our audit was made to determine that financial and compliance provisions, as set forth in the general provisions of the auditee's contract agreement with NYSDOL, were adhered to. The aforementioned Schedules A and B are not intended to present either the financial results of operations or financial position in conformity with generally accepted accounting principles. The schedules reflect the reported expenditures on the final voucher dated September 4, 1991. Our audit disclosed no questioned costs. In our opinion, Schedules A and B present fairly the auditee's cash position and financial results of operations for this contract. RECEIVED AND FILED. No. 124 NYSDOT Electronic Barrels For Skyway We have received a copy of your June 14, 1994 resolution concerning installing electronic barriers on the Skyway, Route 5, in the City of Buffalo. We would be happy to attend a meeting to discuss this matter at a time and place of your choosing. Please have your representative contact our Traffic Engineering and Safety Group at 847-3268. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF POLICE. No. 125 JOHN R. NUCHERENO Filing Of Rezoning With County Clerk Enclosed herein please find original Filing Receipt from the Erie County Clerk's Office indicating that the certified copy of the Resolution with respect to the above mentioned matter was filed on August 11, 1994. RECEIVED AND FILED. No. 126 PRESERVATION COALITION OF ERIE COUNTY Landmark Status- 15 Eastwood Pl. Enclosed please application for Landmark Status for 15 Eastwood Place. REFERRED TO THE COMMITTEE ON LEGISLATION AND CANISIUS COLLEGE. No. 127 TCI Addition Of SEGA Channel Interactivity. We've heard about it. Read a lot of articles on it. But has anyone ever experienced it? On July 18, 1994, TCI of New York will embark on a journey bringing this much ballyhooed entertainment to Buffalo's cable households. The sega Channel- the cable industry's first interactive service- will showcase video games on demand, 24 hours a day. That's a lot of non-stop; entertainment for every member of the household. TCI of New York is proud to bring this innovation to Buffalo. We are very excited to be one of only 12 systems in the United States to launch the Sega Channel concept. TCI will begin providing Sega Channel on Monday, July 18, to a small number of customers who expressed interest when the channel was first introduced. The official Sega Channel "Kick-Off" will take place Wednesday, July 20, when Yancy Matos, a 14 year old Buffalo resident, will "flip the switch" and turn on the channel. Yancy is the grand prize winner in the "TCI/Sega Turn-On Tournament" held in April. I look forward to sharing our progress on Sega channel with you. Enclosed, for your information, is a fact sheet on the Sega Channel. If you have any questions, please feel free to call me at 862-4640. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 128 TCI Addition Of Shopping Channel 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. On September 1, 1994, TCI of New York will add a brand new channel called tv! to its line-up as The Home Shopping Network also becomes a 24-hour channel. All subscribers will be informed via mail and through our Community Billboard, Channel 10. 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. No. 129 TCI Cable Service Rate Form Filing On behalf of your local TCI-affiliated cable operator, please find enclosed the required rate justification filing that explains our current basic tier and equipment rates. We have attempted to strictly comply with all applicable FCC requirements and feel that the attached submission represents a good faith filing. However, given the considerable uncertainty surrounding the regulatory process, we hereby reserve the right to make future corrections to this filing. The operator further requests the right to make adjustments to the attached filing, to the extent any computation errors were made. Such latitude is essential given the amount of work involved and limited time frames available to the operator. We appreciate your patience and understanding as we strive to comply with all of the provisions of the 1992 Cable Act. If you have any questions or concerns about this filing, please bring them to the attention of your local TCI-Affiliated cable manager, Paul Meegan. He will do his best to answer your questions or get you the answer in a timely manner. Considering the complexity of the 1992 Cable Act, we look forward to working with you through what at times can be a confusing process for all those involved. REFERRED TO THE SPECIAL COMMITTEE ON CATV AND THE CORPORATION COUNSEL. No. 130 WELLNESS PROGRAM Smoking Ban In City Hall The Common Council (and especially Councilmember Bell) are to be commended for taking action that is in the interest of the health of all employees and citizens who pass through or use city buildings. The resolution has the potential for creating legislation that will provide a strong positive impact on employee health by: a. Protecting all employees/persons in city buildings from the negative health effects of secondhand smoke. (see Appendix A) b. Providing further encouragement and support to city hall employees (and visitors) who are addicted to smoking to quit. This "cultural support" would be complemented by the smoking cessation and behavior modification programs and health information made available to city employees, their families and retirees by the Employee Wellness Program (Room 607 City Hall). c. Reducing stress in the workplace. During the years since the 1986 legislation restricting smoking in the workplace, there have been numerous comments and concerns from employees (and visitors) regarding the existing smoking policy. The new legislation would level the playing field with a uniform policy (a total ban). Health conscious employees (and visitors) in city buildings would no longer have to expend their time and energy on the issue of making their workspace/department smokefree. A total ban would allow employees to focus on their work and not the distraction of concern for their health caused by tobacco smoke. The legislation would benefit the city and employees by potential; 1. Improved employee morale. Employees would have further evidence of the city's concern for their well-being. 2. Reduced health care utilization. There is research evidence that links smoking-related illnesses (remember that smoke can effect both the smoker and the non-smoker) that indicates smokers use the health care system more than non-smokers. If the city were to enact this legislation, It would increase the city's ability to better negotiate savings due to reduced risk in health insurance premiums 3. Reduced cleaning and maintenance costs. Smoke-free buildings require less replacement of drapes, ceiling tiles, etc. stained by smoke. Less litter on the floors (butts, matches, wrappers) should also result. 4. Reduced risk of litigation for the city from an employee who may have a law suit with the city for failing to provide a safe work environment. 5. Reduced fire risk in city buildings is both a safety improvement and may be cause for a reduction in fire insurance costs. This type of legislation should also be viewed as positive by our city's union leadership. I have yet to encounter a union leader who would say no to something that beyond the shadow of a doubt) is good for the health of their union members, retirees and their families. Issues of enforcement and compliance will need to be addressed, and, as we look to the future we might consider a smokefree public places policy. In summary regarding this resolution, the Scientific evidence about the negative effects on human health from smoking or from secondhand tobacco smoke is irrefutable. The national trends range form major employers going smokefree to major national government bodies (NIOSH, EPA, etc.) moving to reduce the impact of tobacco use and tobacco smoke on the health of our society. The city as an employer has the responsibility to do all that it can to -preserve and enhance the health of its employees. It has a further responsibility to manage its operation in such a manner to keep costs at or below revenues. This legislation will help to do both, and, further, it will show its commitment to the health of all the citizens it Serves. A total ban on in city buildings has full endorsement. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 131 M. YOSHIOKA Increase Funding For Culturals Buffalo is commonly referred to as the city of good neighbors, good buffalo chicken wings, and good sports. But what about other important aspects such as culture and theatre ? With the completion of the Erie Canal in 1825, Buffalo flourished, becoming an important distribution point between the east and west frontier. A growing demand among the people for popular entertainment arose, and the city saw to it that theatres were built. By the turn of the century, Buffalo was considered one of the greatest theatre centers in the united states. It has enjoyed a lively reputation as a regional entertainment center since the early 1800's, with a rich history surrounding it's construction. Today, it is estimated that Buffalo's theatre district attracts more than 1.2 Million people annually. The problem ? Most funding and support goes to sports teams and various auditoriums throughout the city instead of nourishing our necessary need for culture. Yes, Shea's Theatre is beautiful and charismatic,, but it is badly in need of renovations. Without support to our city's cultural institutions, we and our children, will grow up without much culture or heritage. The result is that I and many others visit various cities -(i.e.. Toronto) regularly in order to gain cultural enrichment. Won't you please help Buffalo to be a well-rounded city featuring sports and culture? REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. PETITIONS No. 132 Delta Sonic, owner, petition to Use 2566 Delaware Avenue for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 133 765 Elmwood L.P., petition to Use 765 Elmwood Avenue for a sit-in restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 134 H & H Acquisitions, owner, petition to Use 1556 Hertel Avenue for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 135 People, Inc., owner, petition to use 2128 Elmwood Avenue for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 136 T. Lombardo, owner, petition to Use 1198 Hertel Avenue for restaurant and patio. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 137 M. Silverstein, owner, petition to Use 2380 Delaware Avenue for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 138 Ganco Inc., owner, petition to Use 2 Furhmann Blvd. for a boat storage building. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 139 Rite Aid Drug Store, petition to use 259 Auburn for parking. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 140 R. Pelczynski and Others report of hazardous conditions at 35 Rommel Avenue and request emergency demolition and removal of abandoned vehicle in driveway. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL. RESOLUTIONS No. 141 By: Mr. Arthur City Of Buffalo Local Law No. (1994) Introductory No. 10 (1994) A LOCAL LAW To amend the Buffalo city charter, in relation to the establishment of term limits for various elected officials. Be it enacted by the people of the city of Buffalo pursuant to the authority provided in Section 37 of the Municipal Home Rule Law as follows: Section 1. The Buffalo city charter is hereby amended by inserting therein a new Article 2-B (or, if there is an existing Article 2-B, the first available unused article thereafter) to read as follows: Article 2-B Term Limits Sec. 17, Public Policy. It is hereby declared to be the public policy of the city of Buffalo to limit to not more than eight consecutive years the time elected officials can serve as mayor, comptroller, president of the council and council member so that elected representatives are "citizen representatives" who are responsive to the needs of the people and are not career politicians. Sec. 18, Term Limits. Notwithstanding any provision to the contrary contained in this charter, no person shall be eligible to be elected or to or serve in the office of mayor, comptroller, president of the council, councilmember-at-large, or district councilmember, if that person had previously held such office for two or more full consecutive four-year terms or four or more full consecutive two-year terms, as the case may be, unless one full term or more has elapsed since that person last held such office; provided however, that in calculating the number of consecutive terms a person has served, only terms commencing on or after January 1,1996 shall be counted. Section 2. This local law shall take effect on January 1, 1995. APPROVED AS TO FORM Edward Peace Corporation Counsel RECEIVED AND FILED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- FAHEY, LOCKWOOD- 2. No. 142 By: Mr. Arthur Protest the Closing of the Niagara Mohawk Power Corporation's Customer Service Center in the City of Buffalo Whereas: Niagara Mohawk Power Corporation plans to close its only customer service center in the City of Buffalo, located at 535 Washington Street, on October 28, 1994; and Whereas: The closing of the Washington Street office will leave customers dependant upon alternative payment agencies which lack the expertise and ability in providing answers to service related questions, bilingual interpretation and prompt service in cases of emergencies or other unforeseen circumstances; and Whereas: Niagara Mohawk now encourages customers to conduct all business inquiries through impersonal means such as the telephone or by mail, which may present significant problems for the elderly ; and Whereas: Alternative payment agencies which are not endorsed for customer use by Niagara Mohawk may subject customers to additional service charges in the form of user fees; and Whereas: Niagara Mohawk Power Corporation, while compromising service for cost saving measures, does not intend to lower it's rates to compensate customers; and Whereas: The closing of the Washington Street customer service center will eliminate one hundred thirty two (132) positions. Along with these layoffs, the city stands to lose the economic advantages of having these workers employed in the city and the hands-on service they provided for thousands on city residents. Now, Therefore Be It Resolved That: This Common Council refer this resolution to the Committee on Legislation for the purpose of inviting Niagara Mohawk Power Corporation to a public hearing to discuss their rationale for closing the Washington Street customer service center; and Be It Further Resolved That: The City Clerk's office send a certified copy of this resolution to the New York State Public Service Commission; and Be It Finally Resolved That: The City Corporation Counsel begin exploring measures for exercising Article 78 procedures to preserve the interests of the citizenry. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE NIAGARA MOHAWK POWER CORPORATION. No. 143 By: Mr. Arthur Inspection of 161 Blaine Whereas: The property located at 161 Blaine St. Buffalo, NY is owned by Anthony R. Palano, whose mailing address is listed as 311 Delaware Ave., Kenmore, N.Y.; and Whereas: Area residents have raised questions concerning the parking pad established in front of this particular property; and Whereas: The city of Buffalo Charter (Article IV section 305-50) states "that a property owner seeking to establish a paved parking area in front of a residence pursuant to 511-66 of Chapter 511, Zoning, of the Code of the City of Buffalo and seeking to extend said parking area into the public right-of-way may file an application therefore with the Commissioner of Public Works;" and Whereas: No such application has been filed with the Department of Public Works. Now, Therefore, Be It Resolved: That the Department of Public Works notify the owner of this illegal parking pad to file the necessary application with the City of Buffalo Department of Public Works. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE COMMISSIONER OF PUBLIC WORKS, THE ZONING BOARD AND THE CORPORATION COUNSEL. No. 144 By: Mr. Arthur Extend 1993-94 Grant-In-Aid Contract -West Side Neighborhood Housing Service Whereas: The West Side Neighborhood Housing Service received a 1993-94 grant-in-aid allocation of $1,028 which was designated for programming at the outdoor Pavilion on Connecticut Street; and Whereas: A balance of $978 remains in unspent funds in the WSNHS grant-in-aid account, since the Pavilion was not available for use in 1994 due to the construction of townhouses at that location; and Whereas: WSNHS wishes to use the remaining $978 during the 1994-'95 budget year for its Minor Home Repair Program; Now, Therefore, Be It Resolved: That this Buffalo Common Council grants an extension of time to enable the West Side Neighborhood Housing Service to spend the above mentioned unspent funds from F.Y. 1993-94. PASSED. AYES- 13 NOES- 0. No. 145 By: Mr. Bell Promote the City of Buffalo Whereas: For some time, Buffalonians have endured a negative image of our City that has been perpetuated in the media and throughout surrounding localities; and Whereas: This negativism we have suffered has created a self-esteem problem for our community; and Whereas: The poor perception of our City can be alleviated by the creation of a program to highlight all the positive aspects of our beautiful City; and Whereas: Creating a program that will utilize all forms of communications, such as television and radio promotions to identify all the positive aspects of Buffalo will instill pride in our City and may work to attract people to visit our City and; Whereas: Previous Boost Buffalo and Talking Proud media campaigns sponsored by the Buffalo Chamber of Commerce, now the Greater Buffalo Partnership, promoted our City tremendously. Now Therefore Be It Resolved That: That this Common Council requests the Department of Community Development to work with the Greater Buffalo Partnership to develop a program to highlight the positive aspects of our City; and Be It Further Resolved That: The Department of Community Development file with this Council a report with a plan of action it will take. REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE GREATER BUFFALO DEVELOPMENT FOUNDATION. AYES- 13.* Noes- 0. *Arthur in the negative on the referral to the Greater Buffalo Development Foundation only. No. 146 By: Mr. Collins Transfer of Funds Dept of Community Development - Div of Development Department of Public Works - 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 $6,000 be and the same is hereby transferred from the Department of Community Development - Division of Development, and said sum is hereby reappropriated as set forth below: From: 200 Capital Project Fund 71 - Department of Community Development 7 - Division of Development 005 - Fillmore/South District Park Improvements $6,000 To: 200 Capital Project Fund 40 - Department of Public Works 2 - Division of Buildings 061 - Reconstruction Various Community Centers $6,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 147 By: Mr. Collins Transfer of Funds Common Council- Finance Committee Chairman Salaries, Regular Common Council - Legislative - Temporary 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 $12,059 be and the same is hereby transferred from the Common Council - Finance Committee Chairman and said sum is hereby reappropriated as set forth below: From: 100 General Fund 010 - Common Council 003 - Finance Committee Chairman 110 - Salaries - Regular $12,059 To: 100 General Fund 010 - Common Council 001 - Legislative 112 - Temporary Services $12,059 PASSED. AYES- 13 NOES- 0. No. 148 By: Mr. Collins Transfer of Funds Water - Reserve for Capital Improvements Water - Exempt Items That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $18,000 be and the same is hereby transferred from Water - Reserve for Capital Improvements and said sum is hereby reappropriated as set forth below: From: 410 Enterprise Fund - Water 980 - Division of Water 819 - Exempt Items 842 - Reserve for Capital Improvements $18,000 To: 410 Enterprise Fund - Water 980 - Division of Water 085 - Exempt Items 982 - Equipment and Furnishings $18,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 149 By: Mr. Collins Transfer of Funds Department of Street Sanitation 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 $50,000 be and the same is hereby transferred from the Department of Street Sanitation and said sum is hereby reappropriated as set forth below: From: 100 General Fund 700 - Department of Street Sanitation 011 - Collection of Refuse & Street Cleaning 110 - Salaries - Regular $50,000 To: 100 General Fund 401 - Division of Engineering 015 - Repair & Construction of Other Public Improvements 112 - Temporary Services $50,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 150 By: Mr. Collins Discharge Committee on Finance Interfund Loan- Handicap Access Item No, 34, CCP, July 26, 1994 Whereas, the above item is currently tabled in the Committee on Finance 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 Finance from further consideration of this item, and the item is now before the Common Council for its consideration. ADOPTED. Mr. Pitts now moved that Item No. 34, C.C.P. Jul. 26, 1994, be and the same is hereby approved. Seconded by Mr. Collins. PASSED. AYES- 13 NOES- 0. No. 151 By: Mr. Collins Ban Assault Weapons in City Whereas: The Congress of the United States has failed to enact President Clinton's comprehensive Crime Bill, which included restricting the sale and possession of assault weapons; and Whereas: Similar legislation for New York has been approved by the State Assembly but has not been passed by the State Senate; and Whereas: Assault weapons are those type of semi-automatic weapons originally designed to meet the military need for high ammunition capacity capable of rapid fire at close quarters, including weapons such as the Uzi, AK-47, Beretta AR 70, Street Sweeper, Striker-12, and others, as well as "copycat" models of banned weapons; and Whereas: Since October, 1993, there have been at least five recorded cases of assault weapon incidents in the city of Buffalo, ranking Buffalo high on the national list of locales for crimes of this nature; and Whereas: The failure of federal and state legislators to enact a ban on assault weapons does not and should not preclude the city of Buffalo from implementing local laws governing weapons of this nature; and Whereas: It is in the best interest of this community to enact local legislation banning assault weapons (mirroring the recently defeated federal proposals) with the added stipulation that the ban be placed into effect immediately; Now, Therefore, Be It Resolved: That this Common Council direct the Corporation Counsel to prepare the appropriate ordinance that would ban the sale and possession of assault weapons in the city of Buffalo, with the added proviso that the legislation be effective immediately; and Be It Further Resolved: That this Council request that the County of Erie and the State of New York enact parallel legislation; and Be It Finally Resolved: That the City Clerk certify passage of this resolution and forward copies thereof to the Clerk of the Erie County Legislature, the Clerk of the NYS Assembly and the Secretary of the NYS Senate, and New York State Governor Mario Cuomo. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE, THE CORPORATION COUNSEL, THE ERIE COUNTY LEGISLATURE AND THE UNITED STATES ATTORNEY. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 152 By: Messrs. Collins and Franczyk Block Demolition of St. Vincent de Paul Church Rectory Whereas: The rectory of St. Vincent de Paul Church, situated at 15 Eastwood Place, was built in 1914 for a prominent Buffalo church; and, Whereas: The rectory was designed in the Classic Revival Style by a prominent Buffalo architect named Max G. Beierl, who, alone and with his firm, was responsible for the design of other major local buildings such as the Connecticut Street Armory; and, Whereas: The large two-story brick building has a slate tile roofs limestone decorative detailing, and a series of graceful first floor windows surmounted by blind semi-circular arches; and, Whereas: The Hamlin Park Taxpayers Association has gone on record in favor of designating the rectory as a local landmark, and is currently applying for such status with the Buffalo Preservation Board; and, Whereas: The rectory is in imminent danger of being destroyed to make room for a parking lot to be used by Canisius College; therefore, Let It Be Resolved: That this Common Council strongly oppose any attempts to demolish St. Vincent de Paul rectory; and, Let It Further Be Resolved: That, this Common Council instruct the Permit Office to deny any demolition permits that would involve the destruction of St. Vincent de Paul rectory. REFERRED TO THE COMMITTEE ON LEGISLATION AND CANISIUS COLLEGE. No. 153 By: Mr. Coppola Oppose Niagara Mohawk Power Corporation Rate Increase Whereas: Niagara Mohawk Power Corporation is proposing a rate increase of 9.3% for residential consumers, 6% for commercial consumers, and 2.9% for industrial consumers; and Whereas: This rate increase is proposed at a time when other substantial rate increases have been passed or are going through the process of being passed, such as the recent abhorrent water rate increase of 9.42%; and Whereas: Niagara Mohawk has not disclosed any indication of financial difficulties with its operations, deeming these incredibly high rate increases as unnecessary; and Whereas: Furthermore, those individuals and families on fixed incomes, who receive income increases proportional to the inflation rate, will find it even more difficult to make ends meet; and Whereas: Niagara Mohawk Power Corporation is also seeking a multi-year rate plan based on the inflation rate with adjustments stemming from changes in fuel costs, productivity and costs imposed by regulatory agencies; and Whereas: The multi-year deal will severely hinder the accountability of a natural monopoly-to the public and the Public Service Commission by-passing the annual formal rate increase procedures and having future rate increases automatically determined by a formula. Now Therefore Be It Resolved That The Common Council of the City of Buffalo is opposed to the requested rate increases and the multi-year rate plan proposed by Niagara Mohawk Power Corporation and requests that the City Clerk forward a certified copy of this resolution to the Public Serviced Commission. ADOPTED. No. 154 By: Mr. Coppola Designate Handicapped Parking Whereas: Throughout the City of Buffalo, handicapped parking spaces have been designated on city streets to accommodate disabled drivers; and Whereas: According to Section 15, Subsection 49, Parking Privileges of Handicapped, Chapter 479 of the City Ordinances, those persons in possession of and operating a motor vehicle with a handicapped parking permit issued in accordance with the State of New York Vehicle and Traffic Law are authorized to park those vehicles free of charge in parking meter zones and overtime in permissive parking zones without penalty; and Whereas: Even with the above accommodations and latitude, there is a shortage of handicapped parking city-wide, not only in business districts but in residential districts, and specially-designated spaces are frequently taken by persons without disabilities and handicapped parking permits; and Whereas: As a result, handicapped persons are forced sometimes to park in non-permitted parking zones and are frequently penalized; and Whereas: In an effort to show more sensitivity towards persons with disabilities who operate motor vehicles with handicapped parking permits, the city should allow parking in parking zones not presently designated. Now Therefore Be It Resolved That this Common Council recognizes the difficulty disabled persons with handicapped parking permits face when seeking a legal parking place in business and residential areas, and therefore, requests that the Director of Parking Enforcement and the Traffic Engineer designate parking zones not presently allowed for use by those properly displaying handicapped parking permits without penalty. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 155 By: Mr. Coppola Amend Ordinance - Coin-Controlled Amusement Devices Whereas: On July 1, 1993, the city ordinance regarding the fee structure for licensing of coin-controlled devices was changed requiring one fee of $141.75 for one to three devices at a location; and Whereas: Prior to the change, locations were charged $47.25 per device, which was much more equitable; and Whereas: This change has created a hardship for businesses having only one or two devices and in some cases the devices do not generate enough revenue to pay the $141.75 fee; and Whereas: In the interest of fairness, the city should re-establish the former licensing fee which required applicants to pay on a per device basis. Now Therefore Be It Resolved That In the interest of fairness to small businessmen, this Common Council requests that the Division of Licenses re-establish the former licensing fee for coin-controlled devices requiring applicants to pay on a per device basis. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 156 By: Mr. Coppola Low-Cost Hydropower Incentives Whereas: The State Power Authority allocates low-cost power to industries on the Niagara Frontier which have promised to create or preserve certain numbers of employees on their payrolls; and Whereas: The same incentive would be beneficial to industries which have upgraded facilities and equipment to improve efficiency, because greater efficiency makes a firm more competitive, increases business, and saves jobs. Now Therefore Be It Resolved That This Common Council supports low-cost hydropower incentives for industries on the Niagara Frontier, especially in the City of Buffalo, which have upgraded facilities and equipment to improve efficiency; and Be It Further Resolved That The City Clerk send a certified copy of this resolution to the State Power Authority. ADOPTED. No. 157 By: Messrs. Coppola and Pitts Permission to Erect Banners For Buffalo's Finest Antique Show & Sale Whereas: The organizers of "Buffalo's Finest Antique Show & Sale", to be held on September 23rd and 24th at Kleinhans Music Hall, have requested permission to erect banners advertising this twice-yearly event; and Whereas: The organizers are seeking permission to erect a banner at Delaware Avenue and Gates Circle between poles #54 and #55, and in Niagara Square in the same location where they hung the banner advertising the Spring show; and Whereas: The organizers anticipate hanging the banners on or about September 7th and removing them on September 26th. Now Therefore Be It Resolved That This Common Council grants permission to the organizers of "Buffalo's Finest Antique Show & Sale" to erect a banner at Delaware Avenue and Gates Circle between poles #54 and #55, and in Niagara Square in the same location where they hung the banner advertising their Spring show, providing the banners meet all requirements of all pertinent city departments and violate no existing law or ordinance. PASSED. AYES- 13 NOES- 0. No. 158 By: Mr. Fahey Advocacy Office for Persons with Disabilities Whereas, The Mayor's Advocacy Office for Persons with Disabilities was established in 1979 to represent people with disabilities in various areas of concern affecting their rights as citizens including discrimination, transportation, housing, employment, education, recreation, economic security and rehabilitation; and Whereas, Over the years, this office has become a recognizable and authoritative advocate for persons with disabilities; and Whereas, In the last four years, this office has moved 5 times and constituents are having a difficult time finding its location; and Whereas, The last move has located the office in room 118 which posses many problems to the people who must use this office; and Whereas, These problems include: not enough space for wheel chairs to move about; a door too heavy for handicapped persons to open; a lack of space for confidential counseling and loud noise; and Whereas, In order to fully serve its constituents this office must be accessible to everyone; and Now, Therefore Be It Resolved That: This Common Council requests a report from the Department of Public Works and the Mayor's Advisory Committee for People with Handicapping Conditions on the possible alternatives for relocating this office to a more suitable location. REFERRED TO THEE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. No. 159 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. Dennis Bracco Claim for loss of garbage can. $11.00 2. Janice Buscher Claim for loss of garbage can. $14.00 3. Corporate Health Services Claim for payment of prior fiscal year Invoice for services rendered to Police Officer John Eberhart who injured his ankle in the line of duty on February 26, 1993. He has returned to work. $35.78 4. Sue Costanzo P/N/G of Michelle Costanzo, An Infant Claim for payment of medical expenses. Infant/claimant fell in an open water valve box hole at Normal and York. $35.00 5. CPF/Metpath Labs Inc. Claim for payment of prior fiscal year invoices of June 29, 1993 and November 8, 1993 for services rendered to Police Officer Joseph Griffo who suffered lead poisoning. The employee has not returned to work. $34.88 6. Nancy S. Devine Claim for refund of inspection fee for certificate of occupancy for 46 Norman Street. $75.00 7. Diane DiRienzo Claim for loss of garbage can. $6.99 8. Thomas M. Fitzpatrick Claim for loss of garbage cans. $20.00 9. Leah Hayes Claim for loss of garbage can. $6.99 10. Dorothy May, for the Estate of Stanley Peszko Claim for refund of Seasonal Senior Citizen Golf Pass. On May 19, 1994 Mr. Peszko purchased a 1994 seasonal golf permit No. 041. He died on May 26, 1994 never using it. $65.00 11. Myron A. Plante Claim for refund of a 1994 Senior Citizen Seasonal Golf Permit No. 240 purchased on July 1, 1994. On July 4, 1994 Mr. Plante broke his arm and won't be able to resume playing golf until October. $65.00 12. Quali-Care Labs Claim for payment of a prior fiscal year invoice for services rendered to Police Officer Johnathon Walton on September 14, 1990 who injured his lower back and right hip in an automobile accident. The employee has returned to work. $76.10 13. Service Station Maintenance, Inc. Claim for payment of prior fiscal year Invoices #8061 and #8062 for services rendered to the Division of Inventory and Stores. $88.00 14. James J. White, Jr., M.D. Claim for payment of prior fiscal year Invoice #07983 for services rendered to Police Officer William Hageman on July 21, 1993 who injured his left side, elbow, shoulder, lower back and left knee in the line of duty. The employee has returned to work. $44.72 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES- 13 NOES- 0. No. 160 By: Mr. Franczyk Secure and Repair Central Terminal and Charge Current Owners Whereas: The old New York Central Terminal is one of Buffalo's premier landmarks, creating a sense of pride among Buffalo's residents and attracting national and international attention; and, Whereas: The Central Terminal has been steadily deteriorating during the past ten years; and, Whereas: The current owners, Samuel M. and Betty Tuchman have not adequately sealed or repaired the structure as required by law; and, Whereas: An inspection was conducted by a city property inspector on June 15, which resulted in the owners being cited for at least eight violations of the Ordinances of the City of Buffalo; and, Whereas: The violations cited were not corrected by the date required by the inspector; and Whereas: The owners are now required to appear in Housing Court on Sept. 13; and, Whereas: The building continues to be vacant and open to the elements, trespassers and vandals; and, Whereas: Something must be done immediately to secure and repair the building to prevent further deterioration and eliminate a safety hazard, and to preserve this important landmark for redevelopment; and, Whereas: The City of Buffalo has the power to seal and clean properties as well as to make repairs at the expense of the owner; therefore, Let It Be Resolved: That, the appropriate Administrative departments cut tall weeds and grass, seal the building and effect any of the repairs required by the Inspections Department that are allowed for in City Ordinances at the expense of the owner. ADOPTED. No. 161 By: Messrs. Franczyk, Perla and Collins Set Public Hearing Federal Home Loan Bank of NY New Housing Project Approval of Land Disposition Agreement Gal/Van Developers, Inc. and BNRC Whereas, Gal/Van Developers, Inc. and Buffalo Neighborhood Revitalization Corporation (BNRC) and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and Whereas, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of forty (40) residential units of new housing known as the Federal Home Loan Housing Project in the Community Wide Urban Renewal Homestead Program Area; and Whereas, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 9th day of September 1994. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 20th day of September 1994. ADOPTED. No. 162 By: Mrs. LoTempio Coordinated Review Process of Council Approved Permits Whereas: Applicants requesting various types of permits such as rezoning, change of use, signage, variances, right of way, etc., are required by law to obtain approval from the Common Council; and Whereas: In addition to the Council, the applicants are required to get approval from various departments like the Zoning Board of Appeals, Preservation Board, and the City Planning Board; and Whereas: Often the Council has approved said permits without a comprehensive review of existing or previous code violations, delinquent taxes or other violations that may exist at the address listed on the permit or at other property coed or leased by the applicant; and Whereas: A more coordinated review process involving all city departments would be of great benefit to the City; and Whereas: The thorough review of the applicant's status regarding property taxes, water and sewer bills, housing code violations, parking violations, licenses, other debts to the City, or other code violations would enable the city to identify and collect debts or have code violations corrected before the approval of a permit by the Council. Now, Therefore Be It Resolved That: The Corporation Counsel is requested to file a response which makes recommendations of ordinance amendments which would establish a more thorough review process of applicants for various permits before Council approval is granted. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 163 By: Mr. Perla Request Comptroller to Negotiate Purchase of 184 Barton Street For Combination Police Station and Community Ctr Whereas: The Common Council and the Mayor of the City of Buffalo have agreed to move forward with a Police Department Precinct Consolidation plan that would reduce the number of precincts from fourteen (14) to five (5) stations; and Whereas: Precincts 7, 9, and 15 have already been consolidated to create the new South District Station which has been successful in accomplishing the goals established for reorganization; and Whereas: In a further step for realizing the citywide reorganization of the four remaining sections of the city, the Common Council identified $1.5 million in the 1993-94 Capital Improvements Budget and combined it with funds earmarked for a University District Community Center to accommodate construction of a joint Northeast Buffalo Police Station/Community Center; and Whereas: The combination Police Station/Community Center was hailed as a creative use of a public building and a clever way to bring the Police Department and the City's youth closer together to build mutual respect and enhance the concept of Community Policing; and Whereas: The building at 184 Barton Street, former site of WNED-TV, Channel 17, contains 25,000 square feet of office space, including 4,500 square feet with 20 foot high ceilings; parking for 40-50 cars; and a location in the heart of a community in desperate need of recreational facilities, opportunities for seniors and youth, and better police protection; and Whereas: The office space in the building can be easily reconstructed to suit the needs of both a Police Station and a Community Center while providing adequate separation in secure areas. The twenty foot high ceilings will allow for the development of a gymnasium; and Whereas: Acquisition of this property and conversion to a Police Station/Community Center capable of serving either the Northwest or Southwest area of the city may prove to be more economical than acquisition and new construction of a mere Police Station; and Whereas: To accommodate the continued implementation of Police Reorganization, $1.5 million was included in the 1994-95 Capital Improvements Budget which could be used for this purpose; Now, Therefore, Be It Resolved: That the Common Council request the Department of Public Works, Division of Engineering to survey the building at 184 Barton Street and determine the feasibility of conversion for use as a Police Station/Community Center; and Be It Further Resolved: That the Common Council request the Comptroller to begin negotiations for acquisition of the property at 184 Barton Street to be finalized only after the feasibility of conversion is determined by the Department of Public Works and the Police Department. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 164 By: Mr. Perla Extend 1993-94 Grant-In-Aid Contract West Side Community Services Whereas: West Side Community Services received a 1993-94 grant-in-aid allocation of $18,458; and Whereas: A substantial balance remains in the WSCS grant-in-aid account, since it received the allocation with less than two months remaining in the 1993-94 fiscal year; and Whereas: West Side Community Services wishes to use the unspent funds during the 1994-95 budget year for much need programming; Now, Therefore, Be It Resolved: That this Buffalo Common Council grants an extension of time for a period of one month after the adoption of this resolution to enable West Side Community Services to spend the above mentioned unspent funds from F.Y. 1993 -'94. PASSED. AYES- 13 NOES- 0. No. 165 By: Mr. Pitts Fire Commissioner Report to Common Council on the Status of Response Times Whereas: The Administration determined that it must make structural changes in the operations of the Fire Department to provide a better quality of service for the citizens of Buffalo and for budgetary reasons; and Whereas: The Fire Commissioner developed a plan to reorganize the department based on his knowledge, experience and the findings of the technical sub-committee of the Fire Department study Steering Committee; and Whereas: The first phase of the Fire Department Reorganization, which was implemented July 1, 1994 consisted of decommissioning the following; Engine 30 -Southside and Seneca Street; Engine 13 - Court Street and Staats; Ladder 1 - Washington and Tupper; Rescue 2 - Rhode Island at Chenango; and Whereas: Prior to the approval of these decommissions, the Fire Commissioner stated that response times throughout the City and the surrounding areas of the decommissioned apparatus would still be within established response times standards so that the safety and well-being of our citizens would not be jeopardized. Now, Therefore Be It Resolved That: This Common Council directs the Fire Commissioner to file a report with the Council on the response times throughout the City since the decommissioning of these fire apparatuses. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF FIRE AND LOCAL 282. No. 166 By: Mr. Pitts Homestead 442 Emslie Street Whereas: 442 Emslie Street is city-owned. The lot is vacant and not maintained by the City of Buffalo; and Whereas: Mrs. Mary McKithen of 438 Emslie Street has maintained the lot. She now wishes to expand her yard; and Whereas: The lot at 442 Emslie Street is not suitable for new housing construction; Now, Therefore Be It Resolved: That the Common Council approves the homesteading of 442 Emslie Street to Nary McKithen which would allow her to expand her yard. PASSED. AYES- 13 NOES- 0. 167 By: Mr. Zuchlewski City of Buffalo Local Law No. ___ (1994) Introductory No. 12 (1994) A LOCAL LAW amending article 15-A of the Charter of the City of Buffalo in relation to the payment of parking fines by credit card. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That article 15-A of the charter of the City of Buffalo, adopted pursuant to law, is hereby amended by adding a new section 295.24 as follows: Section 295.24 Payment of Parking Fines by Credit Card. The City of Buffalo is authorized to enter into agreements with one or more financing agencies to provide for the acceptance of credit cards (as such term is defined in Section 5 (a)(1) of the General Municipal Law) as a means of payments of fines. Any such agreement shall govern the terms and conditions upon which a credit proffered as a means of payment of a fine shall be accepted or declined and the manner in and conditions upon which the financing agency shall pay to the City the amount of fines paid by means of credit card pursuant to such agreement. Any such agreement may provide for the payment by the City to such financing agency of fees for the services provided by such financing agency pursuant to such agreements which fees may consist of a discount deducted from or payable in respect of the amount of each such fine or otherwise as the agreement may provide. Section 2. This local law shall take effect immediately. Approved as to from Edward Peace Corporation Counsel NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 168 By: Mr. Zuchlewski Accept NYS Certified Local Government Subgrant Whereas, the New York State Office of Parks, Recreation and Historic Preservation (PARKS), under the Certified Local Government Program, provides financial assistance to Certified Local Governments; and Whereas, Certified Local Government Subgrants are available to Certified Local Governments for projects protecting, identifying and evaluating the community's cultural reserves; and Whereas, the City of Buffalo has been continuously certified as a Certified Local Government by PARKS since January 1987; and Whereas, Certified Local Government Subgrant funds will come to the City on a reimbursement basis; and Whereas, PARKS has awarded the City of Buffalo a $9,600 grant for the purpose of designing a database system for efficiently administering Buffalo Preservation Board records; and Whereas, your immediate approval is requested due to PARKS' need to have all project agreements executed by September 30, 1994. Now, Therefore, Be It Resolved by the Common Council of the City of Buffalo that: The Mayor be, and hereby is, authorized on behalf of the City of Buffalo to accept the grant award tendered by PARKS and that the Mayor be further authorized to enter into all necessary agreements and contracts with PARKS to assure the prompt and expeditious implementation of said project; and The Mayor or his duly authorized and appointed representative is hereby authorized to execute such other materials or take such other action as may be necessary to effectuate the purpose of the grant, and this resolution; and The City Comptroller of the City of Buffalo be requested to establish a Trust and Agency Account, which shall be for the receipt of funds through PARKS; and The City Comptroller be requested to arrange an interfund cash loan for the purpose of administering the aforementioned grants since said grant will be received on a reimbursement basis. PASSED. AYES- 13 NOES- 0. No. 169 By: Mr. Zuchlewski Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1994, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Anthony Ando Herbert Bogner Thomas Brodfuehrer Stephen Cuccia Frank Cunningham Timothy Curtin Frank DiGennaro Eugene Fronczak Salvatore Galluzzo Robert Golombek Donald Grzebielucha Kevin Fitzgerald Richard Haeberle Brian Hayden Dennis Jowsey Robert Katilus James Kleinsmith Peter Klemann Kevin Klenk Tracy Krug Arthur Kostrzewa Joseph Krygier Patrick Lonergan Kevin Luthringer Timothy McCarthy Raymond McGurn Lawrence Michalski Thomas Mills Charles Moore Louis Petrucci Michael Schieber William Wagner David Wischnewski Gary Ziolkowski James Walker TOTAL: 35 ADOPTED. No. 170 By: Mr. Zuchlewski Appointments Commissioners of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1994, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Karen I. Colvin Total 1 ADOPTED. UNFINISHED BUSINESS No. 171 Bond Res. $4,800,000 - Childhood Center (No. 249, C.C.P., July 26, 1994) Mr. Pitts moved that Item No. 249, C.C.P., July 26, 1994, be taken from the table. Seconded by Mr. Collins. CARRIED. Mr. Pitts moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES- 13 NOES- 0. No. 172 L.L. Law Intro. 11 - Early Retire. Incentive (No. 287, C.C.P., July 26, 1994) Mr. Pitts moved that Item No. 287, C.C.P., July 26, 1994, be taken from the table. Seconded by Mr. Coppola. CARRIED. Mr. Pitts moved that the above item be approved. Seconded by Mr. LoTempio. PASSED. AYES- 13 NOES- 0. No. 173 Announcement Of Committee Meetings The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Civil Service Tuesday, September 13, 1994 - 10:00 AM Finance Tuesday, September 13, 1994 Legislation Tuesday, September 13, 1994 2:00 PM Economic Dev. Wednesday, September 14, 1994, 10:00 AM Urban Renewal Agency Wednesday, Sept 14, 1994, 1:00 PM No. 174 Adjournment On a motion by Mr. Pitts, Seconded by Mrs. Lockwood the Council adjourned at 3:10 P.M. Charles L. Michaux, III City Clerk