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HomeMy WebLinkAbout94-1115 No. 21 Common Council Proceedings of the City of Buffalo Regular Meeting, November 15, 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, November 15, 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. Perla, the minutes of the stated meeting held on November 1, 1994 were approved. FROM THE MAYOR No. 1 Appointment of Members to the Stadium & Memorial Auditorium Board Pursuant to the powers vested in me by Section 109A of the Charter of the City of Buffalo, I hereby appoint the following members to the Stadium & Memorial Auditorium Board. Lana Benatovich 43 Middlesex Rd. Buffalo, N.Y. 14216 Ms. Benatovich is Executive Director of NCCJ. She has worked to form a partnership among all the people of the City of Buffalo. Ms. Benatovich will be replacing Raymond McGurn whose term has expires. Ms Benatovich's term will expire June 30, 1999. Andrew DiVincenzo 1834 William St. Buffalo, N.Y. 14206 Mr. DiVincenzo is a top Chef and restaurant owner in the City of Buffalo. He is a former Board Member of the March of Dimes and former Director of Camp Good Days & Special Times. Mr. DiVincenzo is filling a vacancy and his term will expire June 30, 1999. Leroie C. Johnson 160 Rivermist Drive Buffalo, N.Y. 14202 Mr. Johnson is an attorney with Siegel, Kelleher & Kahn and was former Vice President & Chief Managing officer of Mary Jane Productions - largest minority music publishing company of the 1980's, Executive Director of Columbia Minority Business Opportunity Commission. He is filling a vacancy and his term will expire June 30, 1998. Abigail Rivera 245 Parkside Ave. Buffalo, N.Y. 14214 Ms. Rivera is a Spanish Speaking Caseworker in the Community Alternative System. She was formerly a Spanish Speaking Welfare Examiner with Erie County and is very active in the Hispanic Community. Ms. Rivera is filling a vacancy and her term will expire June 30, 1997. James T. Sandoro 24 Myrtle Ave. Buffalo, N.Y. 14204 Mr. Sandoro is an experienced business man and owner of Buffalo Motor Car. He has been very active in the sports community. Mr. Sandoro is filling a vacancy and his term will expire June 30, 1996. Nancy Brock 66 Claremont Ave. Buffalo, N.Y. 14222 Ms. Brock is Vice President, Corporate Communications, M & T Bank and was formerly Public Relations Director for Ellis Singer Webb & Associates. She is a graduate of Vanderbilt University and is a member of the Arts Council, Buffalo Alliance for Education, Women for Downtown, etc. Ms. Brock is filling a vacancy and her term will expire June 30, 1995. I hereby certify that the above listed persons are fully qualified to serve as members of the Stadium and Memorial Auditorium Board. RECEIVED AND FILED. FROM THE MAYOR-EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 2 D. Newkirk- Req. To Install Vinyl Siding At 406 E. Ferry St. Item No. 100, C.C.P., November 1, 1994 The City Planning Board at its regular meeting held Tuesday, November 9, 1994, considered the above request pursuant to Section 511-68.1 of the Buffalo Code, Hamlin Park Overlay Review District. The applicant seeks permission to install vinyl siding, the cost of which exceeds the $10,000 limit set by the Hamlin Park District. Under SEQR the matter is considered a Type II action which does not require further environmental review. The City Planning Board voted to approve the proposed home improvement. RECEIVED AND FILED. No. 3 South Park United Presbyterian Church- Request To Erect A Ground Sign At 519 McKinley Pkwy. Item No. 101, November 1, 1994 The City Planning Board at its regular meeting held Tuesday, November 9, 1994, considered the above request pursuant to Section 387-19 of the Buffalo Code, Review of Ground Signs. The applicant seeks to erect a non-illuminated accessory ground sign which will measure 6 feet by 3 feet and be 7 feet in overall length. The site is located in an R2 zone which does not permit such signage. Consequently, the applicant must seek relief from the Zoning Board of Appeals for the sign. Under SEQR the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign. RECEIVED AND FILED. No. 4 Gelinmac Storage- Request To Convert A One-Story Grain Storage Building To Processing Of Animal Feed Item No. 94, C.C.P., April 19, 1994 The City Planning Board at its regular meeting held Tuesday, November 9, 1994, considered the above request pursuant to Section 511-67 of the Buffalo Code, the Buffalo Coastal Special Review District. The applicant seeks to use the Cargill (Electric) grain elevator for the processing of bakery and candy wastes into animal feed. After considerable discussion, the Planning Board voted to approve a Draft Negative Declaration and Notice of Determination of Non Significance for the Gelinmac Corporation which is attached for your consideration as lead agency. RECEIVED AND FILED. No. 5 NYS Dormitory Authority-Various Request Relative To the Roswell Expansion The City Planning Board at its regular meeting held Tuesday, November 9, 1994, considered the above matter pursuant to section 317-1 of the Charter of the City of Buffalo and Section 413-67 of the Buffalo Code. The N.Y.S. Dormitory Authority is requesting the following items which are proposed to implement the expansion of the Roswell Park Cancer Institute: 1) The abandonment of a portion of North Oak Street situated at the northwest comer of North Oak and Carlton Streets and parallel to the west line of North Oak Street and measuring 12.26 feet by 149-50 feet by 12.00 feet by 152.0 feet; 2) The abandonment of the northern portion of North Oak Street along the south line of Carlton Street which measures approximately 66 feet by 40 feet; 3) The encroachment of the right-of-way with three overhead structures as follows: a. the construction of a proposed building extension which would bridge Carlton Street at North Oak Street; b. a proposed pedestrian walkway which would encroach the right-of-way of North Oak Street approximately 150 feet north of its intersection with Carlton Street; and c. a pedestrian walkway which would encroach the right-of-way of Carlton Street approximately 100 feet from its intersection with Elm Street; 4) The encroachment of the right-of-way of Carlton Street with an underground utility installation which would link the proposed Laboratory and Vivarium building with the proposed hospital. In addition to these matters, the Board also considered the applicant's request to acquire two parcels of land owned by the Buffalo Urban renewal Agency: - a 40 foot by 310 foot strip along the south line of Ellicott between Ellicott Street and North Oak Street; - the abandoned right-of-way of Elm Street between Carlton and High Street. After deliberation, the Board voted to approve the matters referenced above in that they were seen as being integral to the proposed expansion of the Roswell Park Cancer Institute. RECEIVED AND FILED. FROM THE BUFFALO WATER BOARD No. 6 The Board hereby submits the independent Audit of the Water Board for the period September 24, 1992 thru June 30, 1994. This audit was performed by Ernst & Young includes Audited Financial Statements and Other Financial Information. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BOARD OF ETHICS No. 7 Fine For Disclosure Non-Compliance Committee approved that Mr. Speciale will pay $250, which will be taken from his salary, and a grievance which was submitted on September 2, 1994 has been denied. He has not filed for two years. Judge Roberts will let him know that, as of October 8th, the next fine will be levied upon him. Discussion took place about auditorium tickets and members of the Board. That area will be addressed by city officials. Nathaniel Mendell will be invited to the next meeting regarding the Citizens' Advisory Committee. Recorded and submitted by Sister Denise A., Roche. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. FROM THE COMPTROLLER No. 8 Certificate of Necessity Transfer Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $4,700 be transferred and reappropriated from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, Nov. 3, 1994 RECEIVED AND FILED. No. 9 Monthly Overtime Usage Report I am providing the Common Council with the updated Monthly Overtime Usage report which rejects overtime expenditures for all City departments as of 10-31-94. This report also projects departmental overtime expenditures for the entire fiscal year based on current usage. REFERRED TO THE COMMITTEE ON FINANCE. No. 10 Surplus Equipment for Community Organizations This Office has received a request from Councilmember Czajka for the placement of three (3) of the City's outmoded computers in two (2) community groups. Two (2) of the computers will be placed in the Kaisertown Advisory Community Council and one (1) placed with the Erickson-Wicker Block Club. This Office also received a request from Mr. Edward Cudney of the Police Athletic League for one (1) outmoded computer and one (1) typewriter that is in storage and not being used. Mr. Cudney has employed an intern who is accumulating data for the Buffalo Boxing Museum located in Room 2201 of City Hall. Currently, there are approximately Twenty (20) XT personal computers available with an estimated value of $100 to $200 per unit. I recommend that this equipment be donated to these types of civic and community organizations through formal request and on a first come first served basis. Mr. Pitts moved: That the communication from the Department of Audit & Control dated November 10, 1994, be received and filed; and That the Comptroller be, and he hereby is, authorized to donate one surplus computer and one (1) surplus typewriter to Kaisertown Advisory Community Council and Erickson-Wicker Block Club and that approximately twenty (20) surplus XT personal computers with an estimated value of $100 to $200 per unit be donated to various other civic and community organizations on a first come, first serve basis. PASSED. AYES- 13 NOES- 0. No. 11 Response- Shaw Homestead Lots 83 & 85 Dupont Item No. 92, C.C.P. 11/1/94 The above referenced Item was forwarded to the Committee on Finance and the Comptroller for a response. The Item is a request from Ms. Maggie Shaw, 2 Winslow Avenue, Buffalo, New York, to homestead 83 & 85 Dupont. In her letter she explains that she intends to use the property for a garden. The vacant lots located at 83 & 85 Dupont each have a frontage of 301 and a depth of 1021 and were acquired by the City of Buffalo through in-rem tax foreclosure. The Division of Real Estate's records indicate that these two properties were reserved in 1989 for Masten New York State Affordable Housing. Homestead regulations allow for a property to be purchased for One Dollar provided that the land is not need for a public purpose or development purposes. The Homestead Act allows adjoining property owners to acquire vacant parcels to extend their yard area or build improvements, provided they maintain the property for a certain period of time. The Homestead Act also allows for individuals to buy, who are not adjoining property owners, vacant lots in order to construct a new residential structure. Ms. Maggie Shaw does not meet the criteria set forth in the Homestead Regulations, since she is not an adjoining property owner and does not intend to build a new residential structure. Therefore, I am recommending that Your Honorable Body deny the request of Ms. Maggie Shaw to homestead the two vacant lots at 83 & 85 Dupont Street. REFERRED TO THE COMMITTEE ON FINANCE. No. 12 Result of Negotiations Portion of 26-34 Bush Vacant Lot Size: 371 x Irreg. Item No. 111, C.C.P. 3/22/94 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. Frank J. and Patricia Kiebzak, 36 Bush Street, Buffalo, New York, to acquire a portion of the above subject property. They intend to purchase this parcel for the construction of a new garage. An independent appraisal of the property was conducted by Kevin S. Adinolfi, Appraiser, Sullivan Evaluation and Research, 85 Great Arrow Avenue, Buffalo, New York 14216. He has estimated the fair market value of the property to be Fifteen Hundred Dollars ($1,500.00). This represents approximately Eighty Cents (.80) a square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range from Forty-Five cents (.45) a square foot to One Dollar and Twenty-Five cents ($1.25) a square foot. The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Mr. & Mrs. Kiebzak have agreed and are prepared to pay Fifteen Hundred Dollars ($1,500.00) for the subject property. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of a portion of a portion of 26-34 Bush Street to Mr. Frank & Patricia Kiebzak in the amount of Fifteen Hundred Dollars ($1,500.00). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Pitts moved: That the communication from the Comptroller, dated November 9, 1994, be received and filed; and That the offer of Mr. Frank I and Patricia Kiebzak, 36 Bush Street, in the sum of $1,500.00 (One Thousand Five Hundred Dollars) to purchase the property described as Portion of 26-34 Bush, 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. 13 Result of Negotiations 1415 Fillmore to Community Springboard, Inc. Item No. 107, C.C.P. 5/3/94 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Community Springboard, Inc., community based not-for-profit organization, for the purchase of 1415 Fillmore Avenue, which consists of a one story 3,000 square foot concrete block building situated on a lot 32, x 1281 and vacant lots located at 1407 Fillmore (33, x 951), 12 Roeder (331 x 661), 16 Roeder (301 x 331) and 721 Glenwood (301 x 651). An independent appraisal of the property was conducted by Mr. James E. White, Realty, 537 Humboldt Pkwy., Buffalo, New York 14208. He has estimate the fair market value of the property to be Twelve Thousand Five Hundred Dollars ($12,500.00). At a recent Committee Meeting of the Common Council a request from Community Springboard, Inc. to compromise the purchase price at Six Thousand Two Hundred and Fifty Dollars ($6,250) was approved, Item No. 100, C.C.P. 10/18/94. This compromise will allow Community Springboard, Inc. to make the necessary repairs and improvements to the building. As Your Honorable Body knows this property has been in the City inventory since June 6, 1986 and has been a source of many neighborhood complaints over the years. Therefore, I am recommending that Your Honorable Body approve the sale of 1415 Fillmore, 1407 Fillmore, 12 & 16 Roeder and 521 Glenwood Avenue to the Community Springboard, Inc. in the amount of Six 'Thousand Two Hundred and Fifty Dollars ($6,250.00). They have agreed to pay for the cost of the appraisal, transfer tax, recording fees and legal descriptions. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for closing and the Mayor be authorized to execute same. Mr. Pitts moved: That the communication from the Comptroller, dated November 9, 1994, be received and filed; and That the offer of Community Springboard, Inc., in the sum of $6,250.00 (Six sand Two Hundred and Fifty Dollars) to purchase the property described as 1415 Fillmore Avenue and vacant lots at 1407 Fillmore, 12 Roeder, 16 Roeder and 721 Glenwood, 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. 14 Report of Auction 1356 Delavan East Lot Size: 341 x 1251 Assessed Valuation: Land: $ 8,500 Total: $71,400 The above property was offered for sale at public auction on October 24, 1994 after public notice and due advertisement. Terms and conditions of the auction were established in accordance with the procedures Governing the Sale of City-Owned Property, not acquired for a municipal purpose, Item #198, Common Council Proceeding of 5/16/78. The subject property is a one and one-half story frame structure, consisting of a vacant bar/restaurant on the first floor and an occupied 2 bedroom apartment on the second floor. The property was acquired by the City of Buffalo through in-rem foreclosure in October of 1993. The highest bid received was in the amount of Ten Thousand Dollars ($10,000.00), from Mr. Bruce Tyrrell, as agent, on behalf of Donald and Pamela Grzebielucha of 182 Newfield Street, Buffalo, New York. Please be advised that Donald Grzebielucha is a City of Buffalo employee in the Dept. of Inspections and Community Revitalization, Housing & Property Inspections and Pamela Grzebielucha is a City of Buffalo employee who works in the Dept. of Audit and Control, Division of Real Estate. A deposit in the amount of 20% of the bid has been received. The balance of the bid price shall be paid in full within 45 days of the effective date of approval by Your Honorable Body. There is no bond and mortgage involved. Bruce Tyrrell has signed an agreement on behalf of Donald and Pamela Grzebielucha to complete the improvements and bring the building into code compliance within a reasonable time after closing on the sale and transfer of title. A tax and title search or survey will not be provided to the purchaser. The purchaser will pay for transfer tax, recording fees and cost of the legal description. There were no costs involved for the payment of real estate commissions or auctioneer fees for this auction. The Division of Collections has indicated that there are no outstanding taxes, parking tickets, street fines and/or demolition liens owing to the City of Buffalo by Donald & Pamela Grzebielucha. I am recommending that Your Honorable Body approve Donald and Pamela Grzebielucha's bid, in the amount of Ten Thousand Dollars ($10,000.00), authorize the Common Council to prepare the necessary documents for the transfer of title and that the Mayor he authorized to execute same. Mr. Pitts moved: That the communication from the Comptroller, dated November 10, 1994, be received and filed; and That the offer of Donald and Pamela Grzebielucha, 182 Newfield Street, in the sum of $10,000.00 (Ten Thousand Dollars) to purchase the property described as 1356 Delavan East, 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 purchasers; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchasers and that the purchasers meet any and all conditions as stated in the above communication. PASSED. AYES- 13 NOES- 0. No. 15 Report of Auction 2035 Fillmore Lot Size: 321 x 1031 Assessed Valuation: Land: $ 5,800 Total: $32,000 The above property was offered for sale at public auction on October 24, 1994, after public notice and due advertisement. Terms and conditions of the auction were established in accordance with the procedures Governing the Sale of City-Owned Property, not acquired for a municipal purpose, Item #198, Common Council Proceeding of 5/16/78. The subject property consists of a vacant one and one-half story frame structure consisting of a store front and two apartments in poor to fair condition. The property was acquired by the City of Buffalo through in-rem foreclosure in June of 1994. The highest bid received was in the amount of Three Thousand Five Hundred Dollars ($3,500.00), from Mr. Joseph Bain of 137 Goemble Street, Buffalo, New York. A deposit in the amount of 20% of the bid has been received. The balance of the bid price shall be paid in full within 45 days of the effective date of approval by Your Honorable Body. There is no bond and mortgage involved. Joseph Bain has signed an agreement to complete the improvements and bring the building into code compliance within a reasonable time after closing on the sale and transfer of title. A tax and title search or survey will not be provided to the purchaser. The purchaser will pay for transfer tax, recording fees and cost of the legal description. There were no costs involved for the payment of real estate commissions or auctioneer fees for this auction. The Division of Collections has indicated that there are no outstanding taxes, parking tickets, street fines and/or demolition liens owing to the City of Buffalo by Mr. Bain. I am recommending that Your Honorable Body approve Mr. Bain's bid, in the amount of Three Thousand Five Hundred Dollars ($3,500.00), authorize the Common Council to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute same. Mr. Pitts moved: That the communication from the Comptroller, dated November 10, 1994, be received and filed; and That the offer of Mr. Joseph Bain, 137 Goemble Street, in the sum of $3,500.00 (Three Thousand and Five Hundred Dollars) to purchase the property described as 2035 Fillmore Avenue, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon 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 Report of Auction 67 Ivy, E 6601 N Walden Vacant Lot Size: 30.131 x 109 Assessed Valuation: $2,600 The above vacant lot was offered for sale at public auction on October 24, 1994 after public notice and due advertisement. Terms and conditions of the auction were established in accordance with the procedures Governing the Sale of City-Owned Property, not acquired for a municipal purpose, Item #198, Common Council Proceeding of 5/16/78. The highest bid received was in the amount of One Thousand Dollars ($1,000.00), from Diane L. Rowe on behalf of the Y.W.C.A., 190 Franklin Street, Buffalo, New York. A deposit in the amount of 20% of the bid has been received. The balance of the bid price shall be paid in full within 45 days of the effective date of approval by Your Honorable Body. There is no bond and mortgage involved. Ms. Diane Rowe has signed an agreement on behalf of the Y.W.C.A. to complete the improvements and bring the vacant lot into code compliance within a reasonable time after closing on the sale and transfer of title. A tax and title search or survey will not be provided to the purchaser. The purchaser will pay for transfer tax, recording fees and cost of the legal description. There were no costs involved for the payment of real estate commissions or auctioneer fees for this auction. The Division of Collections has indicated that there are no outstanding taxes, parking tickets, street fines and/or demolition liens owing to the City of Buffalo by the Y.W.C.A. I am recommending that Your Honorable Body approve the Y.W.C.A.'s bid, in the amount of One Thousand Dollars ($1,000.00), authorize the Common Council to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute same. Mr. Pitts moved: That the communication from the Comptroller, dated November 10, 1994, be received and filed; and That the offer of Diane L. Rowe on behalf of the Y.W.C.A., 190 Franklin Street, in the sum of $1,000.00 (One Thousand Dollars) to purchase the property described as 67 Ivy, 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 Report of Auction 412 Kensington, 601 SW Tarkio Lot Size: 30' x 110' Assessed Valuation: Land: $ 6,600 Total: $72,300 The above property was offered for sale at public auction on October 24, 1994, after public notice and due advertisement. Terms and conditions of the auction were established in accordance with the procedures Governing the Sale of City-Owned Property, not acquired for a municipal purpose, Item #198, Common Council Proceeding of 5/16/78. The subject property is a vacant one and one-half story frame structure in fair condition. There is a bar on the first floor and apartment on the second floor. The property was acquired by the City of Buffalo through in-rem foreclosure in October 1993. The highest bid received was in the amount of Five Thousand Dollars ($5,000.00), from Mr. John J. Battig of 508 Shirley Street, Buffalo, New York. A deposit in the amount of 20% of the bid has been received. The balance of the bid price shall be paid in full within 45 days of the effective date of approval by Your Honorable Body. There is no bond and mortgage involved. John J. Battig has signed an agreement to complete the improvements and bring the building into code compliance within a reasonable time after closing on the sale and transfer of title. A tax and title search or survey will not be provided to the purchaser. The purchaser will pay for transfer tax, recording fees and cost of the legal description. There were no costs involved for the payment of real estate commissions or auctioneer fees for this auction. The Division of Collections has indicated that there are no outstanding taxes, parking tickets, street fines and/or demolition liens owing to the City of Buffalo by Mr. Battig. I am recommending that Your Honorable Body approve Mr. Battig's bid, in the amount of Five Thousand Dollars ($5,000.00), authorize the Common Council to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute same. Mr. Pitts moved: That the communication from the Comptroller, dated November 10, 1994, be received and filed; and That the offer of Mr. John J. Battig, 508 Shirley Street, in the sum of $5,000.00 (Five Thousand Dollars) to purchase the property described as 1412 Kensington, 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. 18 Report of Auction 329 Moselle, 644' S Ferry Lot Size: 301 x 1051 Assessed Valuation: Land: $ 2,500 Total: $19,000 The above property was offered for sale at public auction on October 24, 1994 after public notice and due advertisement. Terms and conditions of the auction were established in accordance with the procedures Governing the Sale of City-Owned Property, not acquired for a municipal purpose, Item #198, Common Council Proceeding of 5/16/78. The subject property consists of a vacant 2 family home, in poor to fair condition; and was acquired by the City of Buffalo through in-rem foreclosure in June 1994. The highest bid received was in the amount of One Thousand Dollars ($1,000.00), from Mr. Pearson E. Miles, Sr. of 312 Moselle Street, Buffalo, New York. A deposit in the amount of 20% of the bid has been received. The balance of the bid price shall be paid in full within 45 days of the effective date of approval by Your Honorable Body. There is no bond and mortgage involved. Pearson E. Miles, Sr. has signed an agreement to complete the improvements and bring the building into code compliance within a reasonable time after closing on the sale and transfer of title. A tax and title search or survey will not be provided to the purchaser. The purchaser will pay for transfer tax, recording fees and cost of the legal description. There were no costs involved for the payment of real estate commissions or auctioneer fees for this auction. The Division of Collections has indicated that there are no outstanding taxes, parking tickets, street fines and/or demolition liens owing to the City of Buffalo by Mr. Miles. I am recommending that Your Honorable Body approve Mr. Miles' bid, in the amount of One Thousand Dollars ($1,000.00), authorize the Common Council to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute same. Mr. Pitts moved: That the communication from the Comptroller, dated November 10, 1994, be received and filed; and That the offer of Mr. Pearson E. Miles, Sr., 312 Moselle Street, in the sum of $1,000.00 (One Thousand Dollars) to purchase the property described as 329 Moselle, 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. 19 Report of Auction 129 Norwood, 1681 S Bryant wap 11.981 x 481 and 581 x 1 42.251 x 681 in rear Lot Size: 81 x 132' Assessed Valuation: Land: $ 4,400 Total: 86,600 The above property was offered for sale at public auction on October 24, 1994 after public notice and due advertisement. Terms and conditions of the auction were established in accordance with the procedures Governing the Sal of City-Owned Property, not acquired for a municipal purpose, Item #198, Common Council Proceeding of 5/16/78. The subject property consists of a vacant one and one half story frame, single family home in good condition and a large garage in fair condition. The highest bid received was in the amount of Fifty Thousand Dollars ($50,000.00), from Mr. Michael Licata, 54 Wellington Road, Buffalo, New York. A deposit in the amount of 20% of the bid has been received. The balance of the bid price shall be paid in full within 45 days of the effective date of approval by Your Honorable Body. There is no bond and mortgage involved. Mr. Licata has signed an agreement to complete the improvements and bring the property into code compliance within a reasonable time after closing on the sale and transfer of title. A tax and title search survey will not provided to the purchaser. The purchaser will pay for transfer tax, recording fees and cost of the legal description. There were no costs involved for the payment of real estate commissions or auctioneer fees for this auction. The Collections Division has indicated that there are no outstanding taxes, parking tickets, street fines and/or demolition liens owing to the City of Buffalo by Mr. Licata. I am recommending that Your Honorable Body approve Mr. Licata's bid, in the amount of Fifty Thousand Dollars ($50,000.00), authorize the Common Council 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 November 10, 1994, be received and filed; and That the offer of Mr. Michael Licata, 54 Wellington Road, in the sum of $50,000.00 (Fifty Thousand Dollars) to purchase the property described as 129 Norwood, 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 and that the purchaser meet any and all conditions set forth in the above communication. PASSED. AYES- 13 NOES- 0. No. 20 Report of Auction 76 Riley, 224.751 W 14 Michigan Lot Size: 331 x 1061 Assessed Valuation: Land: $ 1,700 Total: $17,200 The above property was offered for sale at public auction on October 24, 1994 after public notice and due advertisement. Terms and conditions of the auction were established in accordance with the procedures Governing the Sale of City-Owned Property, not acquired for a municipal purpose, Item #198, Common Council Proceeding of 5/16/78. The subject property is improved with a vacant two story single family home in poor condition. The property was acquired by the City of Buffalo through in-rem foreclosure in June of 1994. The highest bid received was in the amount of One Thousand Dollars ($1,000.00), from Mr. Joseph Bain of 137 Goemble Street, Buffalo, New York. A deposit in the amount of 20% of the bid has been received. The balance of the bid price shall be paid in full within 45 days of the effective date of approval by Your Honorable Body. There is no bond and mortgage involved. Joseph Bain has signed an agreement to complete the improvements and bring the building into code compliance within a reasonable time after closing on the sale and transfer of title. A tax and title search or survey will not be provided to the purchaser. The purchaser will pay for transfer tax, recording fees and cost of the legal description. There were no costs involved for the payment of real estate commissions or auctioneer fees for this auction. The Division of Collections has indicated that there are no outstanding taxes, parking tickets, street fines and/or demolition liens owing to the City of Buffalo by Mr. Bain. I am recommending that Your Honorable Body approve Mr. Bain's bid, in the amount of One Thousand Dollars ($1,000.00), authorize the Common Council to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute same. REFERRED TO THE COMMITTEE ON FINANCE. No. 21 Report of Auction 1976 South Park, 801 S Bloomfield Lot Size: 401 x 1101 Assessed Valuation: $4,400 (lot) 1978 South Park, 901 N Choate Lot Size: 301 x 1201 Assessed Valuation: Land:$ 9,000 Total: 103,000 The above property was offered for sale at public auction on October 24, 1994 after public notice and due advertisement. The and conditions of the auction were established in accordance with the procedures Governing the Sale of City-Owned Property, not acquired for a municipal purpose, Item #198, Common Council Proceeding of 5/16/78. The subject properties are improved with a vacant two story brick building consisting of a first floor area that was used for a metal fabricating shop and offices on the second floor. The property is further improved with a 401 x 110, paved parking lot. The highest bid received was in the amount of Thirty Eight Thousand Dollars ($38,000.00), from Mr. Nicholas Benes and Mr. Louis Benes, 11 Julies Street, Buffalo, New York. A deposit in the amount of 20% of the bid has been received. The balance of the bid price shall be paid in full within 45 days of the effective date of approval by Your Honorable Body. There is no bond and mortgage involved. Mr. Nicholas Benes and Mr. Louis Benes has signed an agreement to complete the improvements and bring the property into code compliance after closing on the sale and transfer of title. A tax and title search survey will not be provided to the purchaser. The purchaser will pay for transfer tax, recording fees and cost of the legal description. There were no costs involved for the payment of real estate commissions or auctioneer fees for this auction. The Collections Division has indicated that there are no outstanding taxes, parking tickets, street fines and/or demolition liens owing to the City of Buffalo by Mr. Nicholas Benes or Mr. Louis Benes. I am recommending that Your Honorable Body approve Mr. Nicholas Benes and Mr. Louis Benes bid, in the amount of Thirty Eight Thousand Dollars ($38,000.00), authorize the Common Council 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 November 10, 1994, be received and filed; and That the offer of Mr. Nicholas Benes and Mr. Louis Benes, 11 Julies Street, in the sum of $38,000.00 (Thirty Eight Thousand Dollars) to purchase the property described as 1976 and 1978 South Park, 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 and that the purchasers meet any and all conditions set forth in the above communication. PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF ASSESSMENT No. 22 Policy-Home Improvement Permits Over the years, the Department of Assessment's policy concerning building permits had been developed in response to the New York State Real Property Tax Law (N.Y.S.R.P.T.L). The N.Y.S.R.P.T.L. states that real property assessments must be fair and equitable in their relationship. Therefore, if a real property is improved as a result of work done by a building permit, the assessor by law must determine if the said work has either a negative, positive, or neutral impact upon the market value of the real property. The Department of Assessment's policy over the years has been to have assessors review the building permit and then determine the impact, if any, the building permit has on the market value of the real property. For instance, if an assessor determines that the work called for in the building permit increases the market value of the building then an appropriate increase in assessed valuation is made. Further, as departmental policy, assessors are instructed to differentiate between what is considered to be normal "basic" building maintenance such as roof repairs, porch repairs, siding repairs, etc. and a "capital" improvement. Generally, "basic" building maintenance has a neutral impact upon market value and assessments while "capital" improvements generally have a positive impact on market value and generally result in increased assessments. Further, whenever a building permit calls for increases in the size and/or square footage of a property it is considered to be a "capital" improvement and generally results in an appropriate increase in assessed value. In conclusion the Department of Assessment does not increase assessments for "basic maintenance" but rather attempts to distinguish between "basic building maintenance" and "capital" building improvements. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 23 Extension of Contract Contract No. 91748900 Cleaning and Lining Watermains Contract No. 21A & 21B In accordance with the terms of the contract between the City of Buffalo and Crearner .Brothers, Inc., City Contract No. 91748900 Cleaning and Cement Lining Watermains, Contract No. 21 A and 21B, the work called for in this contract was scheduled to be completed by October 29, 1994. The contractor has requested an extension of time in this contract due to unanticipated delays to construction which were beyond the Contractor's control including several obstructions and protruding service plugs on the watermains in the Gates Circle area. Accordingly, I have granted an extension of time in the contract with Creatner Brothers, Inc. The new completion date for this contract is November 18, 1994. RECEIVED AND FILED. No. 24 Extension of Contract No. 91774800 Debris Removal - Emerald Channel Intake Oceaneering Technologies, Inc. In accordance with the terms of the contract between the City of Buffalo and Oceaneering .Technologies, Inc., City Contract No. 91774800 Debris Removal from the City of Buffalo's Emerald Channel Intake Structure, Contract No. 24, the work called for in this contract was scheduled to be completed by October 24, 1994. The contractor has requested an extension of time in this contract due to the weather conditions which impacted the Contractor's operations and were beyond their control. Due to the weather the contractor was unable to get their floating equipment out to the intake structure. Accordingly, I have granted an extension of time in the contract with Oceaneering Technologies, Inc. The new completion date for this contract is November 30, 1994. RECEIVED AND FILED. No. 25 Bond Cancellation; 117 Kentucky Street It is hereby certified that the bond described below be canceled: Principal: 225 Louisiana Company, Inc. Surety: The Travelers indemnity Company, Inc. Amount: $5,000.00 Dated: July 13, 1970 Structure: 15,000 Gallon Fuel Oil Tank Location: Under sidewalk space, west side of Kentucky Street, 180 feet south of O'Connell Street. This bond is no longer necessary due to the fact the encroachment has been removed. The above captioned bond should be deemed released and canceled as to future liability in accordance with the provisions of the City of Buffalo Ordinances. RECEIVED AND FILED. No. 26 Monthly Report of Licenses Issued In October 1994 I am respectfully submitting the enclosed report of licenses issued in the month of October 1994 by the Division of Licenses. RECEIVED AND FILED. No. 27 Notification Serial No. 8420 Repeal of No Standing on Best Street from Main Street to the Dead End 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 following: NO STANDING. PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD Best Street (North & South Sides) At all times between Main Street and the Dead End This prohibited standing period is being repeated in order to allow on-street alternate parking for residence/businesses in the area (see next serial). Notification Serial No. 8421 Install Alternate Parking - Type I Best Street between Main Street and the Dead End NO PARKING (ALTERNATE - TYPE I) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty-five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PRTN HIGHWAY PROHIBITED PD DAILY Best Street, North side 4:00 p.m. Wednesday to from Main St to the Dead End 4:00 p.m. Sunday Best Street, South side 4:00 p.m. Sunday to from Main St to the Dead End 4:00 p.m. Wednesday This thoroughfare provided no on-street parking (see previous serial) and yet is wide enough (30') to accommodate it. This serial will provide on-street parking as requested by residences/businesses of the area while still allowing access for emergency vehicles and snow removal equipment. RECEIVED AND FILED. No. 28 Lease Shoeshine Stand (Basement) City Hall Item No. 139, C.C.P. 06/14/94 Item No. 127, C.C.P. 06/28/94 Pursuant to a directive from the Common Council contained within Item 127, C.C.P. 06/28/94, the Department of Public Works, Division of Buildings, advertised once a week for three weeks of the availability for a shoeshine stand in the basement level of City Hall. We have received one proposal from Geoffrey Odom. Mr. Odom has agreed to pay the City of Buffalo $50.00 a month, locate a two person stand in the basement level of City Hall and to provide insurance which shall consist of a maximum combined single limit of $1,000,000.00, naming the City of Buffalo as additional insured. Term of this agreement shall be for a period of five (5) years providing for a thirty day cancellation by either party. Mr. Pitts moved: That the communication from the Commissioner of Public Works, dated November 10, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to execute a lease between the City of Buffalo and Geoffrey Odom for a two person shoeshine stand in the basement of City Hall for a period of five (5) years providing for a thirty day cancellation by either party and that Mr. Odom will pay the City $50.00 a month and to provide insurance which shall consist of a maximum combined single limit of $1,000,000.00 naming the City of Buffalo as additional insured. PASSED. AYES- 13 NOES- 0. No. 29 Solicitation of Funds Permit for Buffalo Professional Firefighters Attached is an application for Solicitation of Funds for Buffalo Professional Firefighters to solicit funds in the Buffalo area on December 9, 1994 to benefit the Variety Club Telethon and Children's Charities. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. Mr. Pitts moved: That the communication from the Department of Public Works, dated November 9, 1994, be received and filed; and That the Commissioner of Public Works be, and hereby is authorized to grant an exemption to the Buffalo Professional Firefighters to solicit funds in the City of Buffalo on December 9, 1994 pursuant to Chapter 316, Article VI of the Code of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 30 Permission to Engage Consulting Engineer New Watermain along Buffalo River Division of Water It is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to engage the service's of a Consulting Engineer to prepare plans and specifications and advertise for bids to construct approximately 3,1 00 linear feet of new 8 inch watermain along the Buffalo River from Spann Street to Pierce Street with interconnections to all streets. No existing watermain will be replaced. This project will connect existing dead ended watermains with new 8" main for a loop in the distribution system. New valves, fire hydrants and taps will be installed as required. Funds for this work are available in the Division of Water's 410-980-022-00-573 account. REFERRED TO THE COMMITTEE ON FINANCE. No. 31 Report of Bids New Windows JFK Recreation Center 114 Hickory Street I advertised for on October 25, 1994 and received the following sealed proposals which were publicly opened and read on November 8, 1994. Big L Distributors $88,792.00 Collingwood Const. Corp. 99,776.00 Wilsandra Construction 99,990.00 I hereby certify that the foregoing is a true and correct statement of all bids received and Big L Distributors is the lowest responsible bidder in accordance with the plans and specification. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work will be available in B/F 200-402-034 - Division of Buildings. Estimate for this work was $95,000.00 Mr. Pitts moved: That the communication from the Department of Public Works, dated November 10, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for New Windows, JFK Recreation Center to Big L Distributors, the lowest responsible bidder in the amount of $88,792.00, with said cost to be charged against the B/F 200-402-034 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 32 Report of Bids West Ferry St. Lift Bridge Rehabilitation & Conduit Repair This is to advise Your Honorable Body that I have advertised and received bids on October 26, 1994 for Bridge Rehabilitation and Conduit Repair. 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: Contractor Base Bid Actual Bid 1) Nichter Associates, Inc. $ 97,486.00 $114,986.00 (low) 2) Hohl Industries Sales Co. $195,824.00 $212,874.00 I hereby certify that the lowest responsible bidder for the above project is Nichter Associates, Inc. I respectfully recommend that Your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #200-401-507-00-000 for 1993-1994 and 1994-1995 in an amount of $114,986.00, plus approved unit prices not to exceed an additional amount of $11,498.00, for a total award of $126,484.00. The Engineer's estimate for this work is $50,000.00. 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 January 5, 1995. 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 October 31, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the West Ferry Street Lift Bridge Rehabilitation and Conduit Repair to Nichter Associates, Inc., the lowest responsible bidder in an amount of $114,986.00, plus approved unit prices not to exceed an additional amount of $11,498.00 for a total award of $126,484.00 with said cost to be charged against the Capital Projects Fund #200-401-507-00-000 for 1993-94 and 1994-95. PASSED. AYES- 13 NOES- 0. No. 33 Report of Bids Massachusetts Avenue Pumping Station Upgrade Contract No. 1E - Electrical Construction Division of Water As authorized by your Honorable Body in Item No. 28 and 29 of April 27, 1993 plans and specifications were prepared and sealed proposals accepted for Massachusetts Avenue Pumping Station Upgrades, Contract No. 1 E - Electrical Construction. I submit the following report of all bids received which were opened in my office at 11:00 a.m. on Thursday, October 20, 1994: Frey Electric Construction Company 1300 Military Road Buffalo, New York 14217 $ 314,620.00 Ferguson Electric Construction Company 333 Ellicott Street Buffalo, New York 14203 $ 319,000.00 Industrial Power & Lighting Corp. 701 Seneca Street Buffalo, New York 14210 $ 355,000.00 CIR Electrical Construction Corp. 1067 Harlem Road Buffalo, New York 14227 $ 362,400.00 Fischback & Moore, Inc./T.H. Green 101 South Avenue West Seneca, New York $ 438,600.00 All bids have been reviewed by the Division of Water and the Consulting Engineer and found to be fair and equitable. I hereby certify that the foregoing is a true and correct statement of all bids received and that Frey Electric Construction Company is the lowest responsible bidder complying with the specifications for Massachusetts Avenue Pumping Station Upgrades, Contract No. 1 E - Electrical Construction, with their alternate bid of $314,620.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Frey Electric Construction Company for the above work in the amount of $314,620.00 and same be charged to the Division of Water's 416-982-012 account. The Engineer's estimate for this work was $ 372 500.00. Mr. Pitts moved: That the communication from the Department of Public Works, dated November 1, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Massachusetts Avenue Pumping Station Upgrades, Contract 1E, Electrical Construction to Frey Electric Construction Company, the lowest responsible bidder in the amount of $314,620.00, with said cost to be charged against the Division of Water's 416-982-012 account. PASSED. AYES- 13 NOES- 0. No. 34 Report of Bids Massachusetts Avenue Pumping Station Upgrade Contract No. 1G - General Construction As authorized by your Honorable Body in Item No. 28 and 29 of April 27, 1993 plans and specifications were prepared and sealed proposals accepted for Massachusetts Avenue Pumping Station Upgrades, Contract No. 1 G - General Construction. I submit the following report of all bids received which were opened in my office at 11:00 a.m. on Thursday, October 20, 1994: John W. Danforth Company 1940 Fillmore Avenue Buffalo, New York 14214 $ 1,459,900.00 Kandey Company, Inc. 19 Ransier Drive West Seneca, New York 14224 $ 1,599,293.00 Joseph Davis, Inc. 120 W. Tupper Street Buffalo, New York 14201 $ 2,044,545.00 All bids have been reviewed by the Division of Water and the Consulting Engineer and found to be fair and equitable. I hereby certify that the foregoing is a true and correct statement of all bids received and that John W. Danforth Company is the lowest responsible bidder complying with the specifications for Massachusetts Avenue Pumping Station Upgrades, Contract No. 1 G - General Construction, with their alternate bid of $1,459,900.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with John W. Danforth Company for the above work in the amount of $1,459,900.00 and same be charged to the Division of Water's 416-982-012 account. The Engineer's estimate for this work was $1,901,200.00. Mr. Pitts moved: That the communication from the Department of Public Works, dated October 31, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Massachusetts Avenue Pumping Station Upgrades, Contract 1G, General Construction to John W. Danforth Company, the lowest responsible bidder in the amount of $1,459,900.00, with said cost to be charged against the Division of Water's 416-982-012 account. PASSED. AYES- 13 NOES- 0. No. 35 Report of Bids Liquid Corrosion Inhibitor Feed Facilities Water Filtration Plant Contract No. 6E, Electrical Construction As authorized by your Honorable Body in Item No. 19 of December 10, 1991 plans and specifications were prepared and sealed proposals accepted for Liquid Corrosion Inhibitor Feed Facilities, Water Filtration Plant, Contract No. 6E, Electrical Construction. I submit the following report of all bids received which were opened in my office at I 1:00 a.m. on Tuesday, October 18, 1994: Tunney Electric, Inc. 955 Casey Road East Amherst, New York 14051 $23,443.00 CIR Electrical Construction Corp. 1067 Harlem Road Buffalo, New York 14227 $24,700.00 Weydman Electric, Inc. 747 Young Street Tonawanda, New York 14150-4192 $27,439.00 Ferguson Electric Construction Company 333 Ellicott Street Buffalo, New York 14203 $31,800.00 All bids have been reviewed by the Division of Water and the Consulting Engineer and found to be fair and equitable. I hereby certify that the foregoing is a true and correct statement of all bids received and that Tunney Electric, Inc. is the lowest responsible bidder complying with the specifications for Liquid Corrosion Inhibitor Feed Facilities, Contract No. 6E, Electrical Construction, with their bid of $23,443.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Tunney Electric, Inc. for the above work in the amount of $23,443.00 and same be charged to the Division of Water's 416-982-018 account. The Engineer's estimate for this work was $28,000.00. Mr. Pitts moved: That the communication from the Department of Public Works, dated November 1, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Liquid Corrosion Inhibitor Feed Facilities, Water Filtration Plant, Contract 6E, Electrical Construction to Tunney Electric, Inc., the lowest responsible bidder in the amount of $23,443.00, with said cost to be charged against the Division of Water's 416-982-018 account. PASSED. AYES- 13 NOES- 0. No. 36 Report of Bids Liquid Corrosion Inhibitor Feed Facilities Water Filtration Plant Contract No. 6G, General Construction As authorized by your Honorable Body in Item No. 19 of December 10, 1991 plans and specifications were prepared and sealed proposals accepted for Liquid Corrosion Inhibitor Feed Facilities, Water Filtration Plant, Contract No. 6G. I submit the following report of all bids received which were opened in my office at 11:00 a.m. on Tuesday, October 18, 1994: Kandey Company, Inc. 19 Ransier Drive West Seneca, New York 14224 $197,245.00 John W. Danforth Company 1940 Fillmore Avenue Buffalo, New York 14214 $203,000.00 Paul J. Gallo Contracting, Inc. PO Box 453 East Amherst, New York 14051 $208,000.00 J.K. Knowles Construction, Inc. PO Box 131, 220 Leon Road Leon, New York 14751 $221,400.00 Amherst Construction, Inc. 150 Milton Street Williamsville, New York 14221 $242,200.00 All bids have been reviewed by the Division of Water and the Consulting Engineer and found to be fair and equitable. I hereby certify that the foregoing is a true and correct statement of all bids received and that Kandey Company, Inc. is the lowest responsible bidder complying with the specifications for Liquid Corrosion Inhibitor Feed Facilities, Contract No. 6G, General Construction, with their bid of $197,245.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Kandey Company, Inc. for the above work in the amount of $197,245.00 and same be charged to the Division of Water's 416-982-018 account. The Engineer's estimate for this work was $ 272,000. 00. Mr. Pitts moved: That the communication from the Department of Public Works, dated November 1, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Liquid Corrosion Inhibitor Feed Facilities, Water Filtration Plant, Contract 6G, General Construction to Kandey Company, Inc., the lowest responsible bidder in the amount of $197,245.00, with said cost to be charged against the Division of Water's 416-982-018 account. PASSED. AYES- 13 NOES- 0. No. 37 Change in Contract Change Order No. 1 Park Street - Allen Street to North Street Destro Brothers Concrete Co., Inc. Contract No. 91788800 Item No. 67, C.C.P. 7-26-94 I hereby submit to Your Honorable Body the following unit price addition to the contract for the above named project. This change order is necessary to landscape this project properly and maintain the original condition that existed prior to when construction began in February of 1994. Grass seed, which was specified for this project, will not germinate under present weather conditions. NEW ITEM NEGOTIATED ESTIMATED NO. DESCRIPTION UNIT PRICE QUANTITY COST 612.01 SOD $8.00/s.y 620 SY $4,960.00 Total Change Order #1 $4,960.00 Contract Summary: Original Contract Amount $182,655.00 This change order #1 4,960.00 New Contract Amount $187,615.00 Funds for this change order ($4,960.00) are available in Division of Engineering, CPF #200-401-549-00-000 and Division of Engineering Bond Fund #200-401-021-00-000. This work will require no extension of time. I respectfully certify that this change order is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue a change order to Destro Brothers Concrete Co., Inc. Mr. Pitts moved: That the communication from the Department of Public Works, dated November 7, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1 to Destro Brothers Concrete Co., Inc., changes resulting in a net increase in the amount of $4,960.00, as more fully described in the above communication, for contract relating to landscaping this project properly, Contract No. 91788800. Funds to be charged to the Division of Engineering CPF #200-401-549-00-000 and Bond Fund Account 200-401-021-00-000. PASSED. AYES- 13 NOES- 0. No. 38 Change Order No. 1 City Contract No. 91743500 Visone Construction, Inc. New Watermains - Lovering, Virgil, Delham I hereby submit to your Honorable Body the following Change Order No. 1 with Visone Construction, Inc. for work relating to Waterline Replacement in Lovering Avenue, Delham Street and Virgil Avenue, Contract No. 91743500: Work Item No. 01.30A Contract called for five months use of Engineer's Office, Type "A". Only four months needed. Decrease: $900.00 Work Item No. 09.106 Contract called for 100 l.f. of 6 inch ductile iron pipe to be installed. 20 additional l.f. needed to complete project. Increase $840.00 Work Item No. 09.108 Contract called for 2,600 l.f. of 8 inch ductile iron pipe to be installed. 2,584 l.f. only needed to complete project. Decrease: $768.00 Work Item No. 9.110 Contract called for 1,250 l.f. of 10 inch ductile iron pipe to be installed. 1,132 l.f. only needed to complete project. Decrease: $6,018.00 Work Item No. 09.4102 Contract called to furnish and install thirteen 8"x 6" tees. Only eight tees needed to complete project. Decrease: $1,980.00 Work Item No. 09.4103 Contract called for furnishing and installing one 8"x 8" tee. None were needed for this project. Decrease : $408.00 Work Item No. 09.4104 Contract called for furnishing and installing twenty 8" bends any angle. Ten were needed to complete this project. Decrease: $1,720.00 Work Item No. 09.4105 Contract called for furnishing and installing twenty 6" bends any angle. None were needed for this project. Decrease: $3,000.00 Work Item No. 09.4108 Contract called for furnishing and installing ten 10" bends any angle. Two were only needed to complete this project. Decrease: $2,000.00 Work Item 09.508 Contract called for six water valves and boxes 8" in diameter. Five water valves were only needed to complete project. Decrease: $1,060.00 Work Item No. 09.901 Contract called for abandonment and/or removal of seventeen existing watermain valves and pipes. Only eight were needed to be removed to complete this project. Decrease: $3,240.00 Work Item No. 09.710 Contract called for one hundred sixty-five 1" corporation stop/taps to be installed. Only one Hundred six-three were needed to complete this project. Decrease: $150.00 Work Item No. 09.720 Contract called for one hundred sixty-five curb stops to be installed. Only one hundred sixty-two were needed to complete this project. Decrease: $210.00 Work Item No. 09.730 Contract called for 2,600 I.f of 3/4" water service pipe to be installed. 3,015 l.f. was needed as the water service boxes were relocated farther away from the curb than the original locations. Increase: $4,980.00 Work Item No. 09.735 Contract called for twenty-five 3/4" water service pipe connections to be installed. No connections were required. Decrease: $2,500.00 Work Item No. 09.814 Contract called for one hundred sixty-five water service boxes - complete to be installed/replaced. Only one hundred and sixty-two needed to be installed/replaced. Decrease: $375.00 Work Item No. 11.200 Contract called for twenty-three green spire linden (2" caliper). The contractor was able to avoid tree removal. Decrease: $ 6,000.00 Work Item No. 09.999 Contract called for cutting and plugging existing pipe at thirty locations. All cutting and plugging was performed by the Division of Water. Decrease: $7,950.00 Work Item No.17 3,000 square feet of extra concrete in driveways and/or sidewalks including sub-base at 4" thickness was called for in the contract. 3,052 square feet was needed to complete this project. Increase: $208.00 Work Item No.18 300 square yards of extra roadway pavement to include 8" sub-base 8" concrete pavement, 2" asphalt binder and 1 1/2" of asphalt top course. Only 28 square yards were needed to complete this project. Decrease: $10,880.00 Work Item No. 670.3001 Five pullboxes less than five cubic feet inside volume lighting were called for in the contract. Contractor was able to avoid pullbox removal. Decrease: $1,625.00 Work Item No. 680.520506 500 l.f. of conduit - rigid plastic class 1 - 2" diameter. Only 100 l.f. needed to complete project. Decrease: $1,600.00 New Work Item No.1 Doweling of concrete road base on Delaware Avenue. The Division of Water requested doweling because Delaware Avenue was recently paved. Increase: $1,753.53 New Work Item No. 2 Excavation for old track bed and pipe installation at Hertel & Virgil. Unexpected reinforcement was found over existing trunk sewer. Increase: $3,787.64 New Work Item No.3 Milling and overlaying Delham Street. Decision made by Water Division. Increase $18,591.74 New Work Item No.4 Milling and overlaying Lovering Avenue. Decision made by Water Division. Increase: $33,562.24 These changes could not be foreseen at the time the contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. SUMMARY: Original amount of contract $ 401,851.00 Amount of Change Order No. 1 - Increase $ 11,339.15 Current Amount of Contract $ 413,190.15 Funds in the amount of $11,339.15 are available in the Division of Water's 416-Capital Project Fund, 980-066-00-000 account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 39 Change in Contract - Change Order No. 2 City Contract No. 91770200 Filtration Plant Improvements - Filter Instrumentation Replacement I hereby submit to your Honorable Body the following change order No. 2 with John W. Danforth Company for work relating to Filtration Plant Improvements - Filter Instrumentation Replacement - Contract No. 91770200: Change in tubing size for 42 flow transmitters and 40 loss of head transmitters from 3/4" copper to 1/2" copper tubing. The existing lines are 3/8" copper and the transmitter taps are only 1/2". Decrease: $3,265.61 Delete 40 wet taps for turbidimeters meter connection by making use of existing 1/2" sample taps. Decrease: $ 2,510.10 These changes could not be foreseen at the time the contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. SUMMARY: Original amount of contract $286,166.00 Amount of Change Order No. 1 - Increase $ 12,599.00 Amount of Change Order No. 2 - Decrease $ 5,766.00 Current Amount of Contract $292,999.00 Funds in the amount of $5,766.00 are to be credited to the Division of Water's 416-Capital Project Fund, 982-016-00-000 account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 40 Roswell Park-Encroachments (3) Into Right-Of-Way The Dormitory Authority of the State of New York (D.A.S.N.Y.) has requested permission to install three encroachments into City right-of-way in conjunction with the Major Modernization Project which is now underway. Specifically, D.A.S.N.Y. proposes to construct: A. A pedestrian bridge over Carlton Street east of Elm Street; B. A building span over Carlton Street west of North Oak Street; C. A water and sewer conduit below Carlton Street and utilities below Carlton Street connecting the main hospital building with the medical research complex. These encroachments were approved at the City Planning Board's November 9, 1994 meeting and the Department of Public Works has no objection to Your Honorable Body authorizing the Commissioner to issue a "mere license" for said encroachments provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for installation; 2. That the encroachments are installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings; 3. That the applicant supply the Department of Public Works with a Certificate of Insurance in an amount determined by the Corporation Counsel which will indemnify and hold harmless the City of Buffalo against any and all loss or damage. Mr. Pitts moved: That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to the Dormitory Authority of the State of New York, to install three encroachments into City right-of-way in conjunction with the Major Modernization Project now underway, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sign be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a Certificate of Insurance in an amount determined by the Corporation Counsel which will indemnify and hold harmless the City of Buffalo against any and all loss or damage. PASSED. AYES- 13 NOES- 0. No. 41 Encroachment Into Main Street Crossroads Arena In connection with the construction of the Crossroads Arena, the City of Buffalo has been asked to approve a permanent encroachment into the Public right-of-way of Main Street. The proposed encroachment is for the foundation of a 48 inch diameter column feature that will also support a small, overhead balcony. The Department of Public Works has examined this matter and recommends to Your Honorable Body that you grant permission for the permanent encroachment for an underground foundation within the following described limits: 1. Beginning at a point in the easterly line of Main Street (99.0 feet wide) said point being ninety (90.0) feet south of the southerly line of Perry Street (66 feet wide), as measured along the easterly line of Main Street; 2. Running thence west into Main Street along a line drawn at right angles to the easterly line of Main Street, twelve (12.0) feet, to a point; 3. Running thence south and parallel to the easterly line of Main Street, eight (8.0) feet to a point; 4. Running thence east and at right angles to the easterly line of Main Street, twelve (12.0) feet to a point in the easterly line of Main Street; 5. Running thence north and along the easterly line of Main Street, eight (8.0) feet to the point of beginning, containing 96.0 square feet of land. Mr. Pitts moved: That the Commissioner of Public Works be and he hereby is authorized to issue a permanent encroachment into the public right-of-way of Main Street in connection with the construction of Crossroads Arena, subject to the following conditions. The Department of Public Works has examined this matter and recommends to Your Honorable Body that you grant permanent encroachment for an underground foundation within the following described limits: 1. Beginning at a point in the easterly line of Main Street (99.0 feet wide) said point being ninety (90.0) feet south of the southerly line of Perry Street (66 feet wide), as measured along the easterly line of Main Street; 2. Running thence west into Main Street along a line drawn at right angles to the easterly line of Main Street, twelve (12.0) feet, to a point; 3. Running thence south and parallel to the easterly line of Main Street, eight (8.0) feet to a point; 4. Running thence east and at right angles to the easterly line of Main Street, twelve (12.0) feet to a point in the easterly line of Main Street; 5. Running thence north and along the easterly line of Main Street, eight (8.0) feet to the point of beginning, containing 96.0 square feet of land. PASSED. AYES- 13 NOES- 0. No. 42 1481 Hertel Avenue Signs (3) within Right of Way Mr. Peter D'Orsaneo of Flexlume Sign Corporation, acting as agent for marine Midland Bank, located at 14,51 Hertel Avenue, has requested permission to install three signs which would encroach City right of way at said address. Two of the proposed signs would be attached flush to the building face with minimal encroachment. The remaining sign would be attached perpendicular to the building face and measure 7 feet in height and 6 feet in width. The Department of Public works has reviewed Mr. D'Orsaneo's application pursuant to Chapter 413-67 (Encroachment Regulations) of the City ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License", for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the signs be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said signs. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 43 1000 Elmwood-Signs(3) Within Right of Way Mr. Peter D'Orsaneo of Flexlume Sign corporation, acting as agent for marine Midland Bank, located at 1000 Elmwood Avenue, has requested permission to install three signs which would encroach city right of way at said address. Two of the proposed signs would be attached flush to the building face with minimal encroachment. The remaining sign would be attached perpendicular to the building face and measure 7 feet in height and 6 feet in width. The Department of Public Works has reviewed Mr. D'Orsaneo's application pursuant to Chapter 413-67 (Encroachment Regulations) of the City ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the signs be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the city of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said signs. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 44 Consolidation of Water Authorities Item No. 165, C.C.P, 11/1/94 The referenced item was referred to the Buffalo Water Authority and this Department for a review and response. The consolidation of the Buffalo Water Authority System and the Erie County Water System is something that can be studied and may prove to be beneficial. There is however the potential for large capital improvements that would need to be made to accomplish this task. There is currently no connections between our distribution system and the County system. These connections would need to be made if we are to receive our water from the Erie County plants, In addition, the County's filtration and pumping stations may need to be drastically improved and increased in order to accommodate the additional demands of the City's users. Should the Council decide to continue this investigation, this Department and the Authority will cooperate in whatever way possible. REFERRED TO THE COMMITTEE ON FINANCE. No. 45 Explanation of Restaurant License Item #206, C.C.P. October 4, 1994 In response to Item No. 206, C.C.P., October 4, 1994 "Explanation of Restaurant License", please be advised that there are many administrative costs that the license fee covers. First, let me say that the Erie County Health Department has limited jurisdiction over restaurants which covers only health and sanitary matters. When an applicant applies for a license referral slips are sent to various departments for reasons as follows: Zoning/Buildings/Plumbing/Electrical -Inspection cover general matters of structural safety, building permits, occupancy certificates and the applicable requirements of the Building and Zoning Ordinances and state laws relating to matters of structural safety not only within the restaurant but also the entire building to ensure that there are no violations that may endanger the welfare Fire - of the restaurant patrons. the Fire Department covers matters as fire hazards, safe means of exit, fire-fighting equipment and maximum number of patrons it is licensed to accommodate. This inspection is made on a yearly Police Department - basis. investigation regarding citizen complaints, loud music, rowdy patrons and/or criminal activities. The foregoing inspections are under the jurisdiction of the appropriate departments and not under the jurisdiction of the Health Department. Second, only the Director of Licenses has the power to revoke the license, therefore he has to act on all complaints, conduct hearings, and resolve issues including those referred to us by the Health Department. The license serves as a starting point for other various licenses that include dancing, encroachments, music, coin-controlled amusement devices and arcades. In conclusion, the cost of the license reflects a wider scope of concerns well beyond the means of the Health Department. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 46 Certificate of Appointment Appointment effective October 31, 1994 in the Department of Public Works Division of Water, John P. Scholl, 27 Seneca Parkside Avenue, Buffalo, 14210 to the position of Senior First Class Stationary Engineer, Permanent, at the Maximum Starting Salary of $30,728. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 47 1993 STOP DWI Program Please be advised that we are hereby requesting permission for the Mayor of the City of Buffalo to be authorized to enter into the 1993 STOP DWI Agreement between the City of Buffalo and the County of Erie for the period of 1/1/93 to 12/31/93. The City of Buffalo and the County of Erie have had an annual contractual relationship whereby the City is reimbursed for efforts in enforcement of alcohol-related traffic violations. Under this agreement, the City of Buffalo will be reimbursed by the County of Erie for up to 65% of all fine revenue generated from the fines resulting from the disposition of alcohol-related traffic offenses. These funds are to be used by our Department to enhance DWI enforcement activities. I am respectfully requesting this item be submitted to Council for their approval. If there is any questions, please contact Captain Edward Hempling, Administration and Communications, ext. 5645. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 48 Management Consulting Agreement Please find attached, a copy of the Buffalo Police Department's Management Consulting Agreement between the City of Buffalo and Frank J. Krzystofiak from the University of Buffalo regarding the evaluation of the ten-hour shift schedule. We have conferred with the Law Department as to the content of this document which they are now reviewing for approval as to form. We have also discussed the financial details for this third party agreement with the Comptroller. As it is our standard practice, we are notifying your Honorable Body for your information. If you have any questions, please contact Captain Edward Hempling, Administrative Services at ext. 5645. Thank you for your continued assistance to the Buffalo Police Department. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. FROM THE COMMISSIONER OF FIRE No. 49 Trade in on Fire Pumper As per bid on Tuesday, 9/13/94, from R.D. Murray, for refurbishing a Fire Department truck in the amount of $25,210.00, R-D.Murray is willing to take vehicle F-193, a 1974 American LaFrance pumper in on trade. They agree to the sum of $2,400.00, which would be deducted from the original contract amount. As of October 28, 1994, three (3) 1974 American LaFrance pumpers were sold, and the highest truck sold for $2,400.00 I feel this is a fair amount, as it matches the price for the highest sale at the auction. By accepting this, the cost of the contract for refurbishing Engine 19 will be reduced to $22,810.00. Mr. Pitts moved: That the communication from the Commissioner of Fire, dated November 7, 1994, be received and filed; and That the Commissioner of Fire be, and he hereby is, authorized to trade in vehicle F-193, a 1974 American LaFrance pumper for the sum of $2,400.00 to be deducted from the original contract amount. The cost of the contract for refurbishing Engine #19 will be reduced to $22,810.00. PASSED. AYES- 13 NOES- 0. No. 50 Mutual Aid to Lackawanna Item No. 175, C.C.P. 10/18/94 In the past year, the Buffalo Fire Department has responded to the City of Lackawanna twice for mutual aid to extinguish fires. I do not anticipate that this response will be more than two (2) or three (3) times annual, Lackawanna has what they consider adequate protection for their particular needs. They do not have the per-capita workload as Buffalo, and it would appear that they have adequate personnel on duty to handle most of their fire needs. Occasionally, however, mutual aid from Buffalo is required, and in the past we have been receptive without charge. In return we would require Lackawanna to cover a portion of South Buffalo in the event of multi fire or emergency situations in Buffalo, that thinned our forces to a point where we might request mutual aid from them. It costs us little to maintain this mutually acceptable agreement, and is comforting for me to know that Lackawanna will be available to us for mutual aid in our time of need. However, I think we should consider a written agreement with Lackawanna. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, THE CORPORATION COUNSEL AND THE MAYOR OF LACKAWANNA. FROM THE CORPORATION COUNSEL No. 51 Compromise and Settlement of Actions for Personal Injury - Linda Zakrzewski, Individually and as Administratrix of the Estate of Eugene J. Zakrzewski, Deceased Item No. 100, C.C.P., October 4, 1994 The above mentioned item was approved by the Claims Committee on September 27, 1994 in the amount of $10,000.00 a typographical error was made and the item was passed by the Common Council on October 4, 1994 in the amount of $7,500.00. Therefore, the correct amount in 'A6.' should now read $10,000.00. I have provided an attached approving motion for your approval. Mr. Pitts moved: That the communication from the Corporation Counsel dated November 9, 1994, be received and filed; and That the Comptroller be, and he hereby is authorized to make a payment to Linda S. Zakrzewski and Helen Zakrzewski, and Smith, Murphy & Schoepperle, their attorneys, in the amount of $10,000.00. PASSED. AYES- 13 NOES- 0. No. 52 Acceptance of Land Donation by the City of Buffalo - 69 Wende Street Please be advised that this Department is in receipt of the attached letter dated November 3, 1994 from John L. Bulger, Esq., the Attorney for Federal Home Loan Mortgage Corporation, offering to convey to the City the real property commonly known as 69 Wende Street for your review and approval. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL. No. 53 Traffic Ordinance-45 Day Period Opinion No. 94-117 You have requested an opinion regarding whether the forty-five (45) day period granted to the Common Council to review traffic ordinances tolls during the Council's August recess. On July 26, at the last meeting before the August recess, the City Engineer filed Notification 98407, thereby notifying the Common Council of his intention to supplement the traffic ordinances to include parking meters in certain areas of South Buffalo. Such notice is required by section 49 of Chapter 479 of the Code of the City of Buffalo. Section 178 of the Charter of the City of Buffalo (the "Charter") states that the traffic ordinances become effective 45 days after the first Common Council meeting at which they appear on the Council's agenda as an item of business. The rule automatically becomes law unless the Council modifies or disapproves the rule during the 45 day period. The Council's disapproval came on September 20, which is fifty-six (56) days after the item originally appeared on their agenda. It has been questioned whether the Council had a proper opportunity to address Notification #8407 since they were in recess during most of the 45 day period. Pursuant to section 20 of the General Construction Law, a number of days is computed as calendar days, unless otherwise specified. There is no indication in section 178 of the Charter that the 45 day period should be considered business days. In the absence of any definitive indication that the time period should be computed any other way, the time runs with the calendar. The 45 day period granted to the Council expired on September 9 and their disapproval on September 20 is invalid. Since the Council's action regarding Notification #8407 is invalid, the traffic ordinance is now in effect and must be enforced. The City Engineer may change the law pursuant to section 178 of the Charter. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 54 Riverside Ice Rink Concession Bid Protest Item No. 82, C.C.P., 10/18/94 Opinion No, 94-126 You have requested an opinion from the Law Department regarding the bid protest filed by Nancy Miloff in relation to the awarding of the Riverside Ice Rink food services concession contract to William Shylo, who was not the highest bidder. Ms. Miloff submitted the highest bid of $2,541.00, while Mr. Shylo bid $2504.00. The difference in the bids is $37.00. There is no requirement in the Charter of the City of Buffalo (the "Charter") that the City must accept the highest bidder. Section 265.7 0) of the Charter requires competitive bidding for purchases. When the contract exceeds five thousand dollars ($5000.) for a single purchase, the contract shall be awarded to the lowest responsible bidder. The Riverside Ice Rink contract was not a purchase, nor did it exceed $5000. It is within the discretion of the Commissioner of General Services to award the contract to the party who offers the greatest benefit to the city. If you have any further questions on this matter, please notify this office. REFERRED TO THE COMMITTEE ON FINANCE. No. 55 Retro-Active Pay Increase Sharon Loubert On March 24,1994, Sharon Loubert was appointed to the position of Fiscal Supervisor with the Division of Substance Abuse BMHA/HUD program. She was appointed at Step I with a starting salary of $26,410. On May 16, 1994, she began being paid at Step 2 at a salary of $27,512. For the period between March 24, 1994 through June 30, 1994, Step 5 for the position of Fiscal Supervisor paid $30,852. The money for this position is reimbursed to the City of Buffalo by the BMHA/HUD Program. The Commissioner of Human Resources has determined that it is appropriate to pay Ms. Loubert at Step 5 in the position of Fiscal supervisor. Effective July 1, 1994, the Commissioner of Human Resources filed a Certificate of Appointment which appointed Ms. Loubert at Step 5. The Commissioner of Human Resources wishes to make Ms. Loubert's appointment to the position of Fiscal Supervisor at Step 5 to be retroactive to March 24, 1994. Sufficient grant moneys are available in the BMHA/HUD Program to fund this difference in pay. In light of the above, the Law Department requests that your Honorable Body approve the appointment of Ms. Loubert to the position of fiscal supervisor at Step 5 retroactively for the period from March 24, 1994 through June 30, 1994. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 56 Citywide Playground Renovation Phase 3 I have asked for and received the following bids for Citywide Playground Renovations Phase 3 on November 10, 1994: BIDDER BASE BID Pine Ridge Nursery 18,305 Birch Grove Landscaping 29,130 Cortese Brothers 32,175 Hudson Rumsey 32,647 Gleasons Nursery 32,949 I hereby certify that the foregoing is a true and correct statement of the bid received. We are accepting the low base bid, and therefore Pine Ridge Nursery, 7135 Davis Road, West Falls, New York 14170 is the lowest responsible bidder in accordance with the plans and specifications in the amount of $18,305. I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund 200-717-049. Mr. Pitts moved: That the communication from the Department of Community Development, dated November 10, 1994, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for Citywide Playground Renovations Phase 3, to Pine Ridge Nursery, 7135 Davis Road, West Falls, New York 14170, the lowest responsible bidder in the amount of $18,305.00, with said cost to be charged against the Bond Fund #200-717-049. PASSED. AYES- 13 NOES- 0. No. 57 NYS Economic Development Zone On July 27, 1994, the City of Buffalo was awarded a New York State Economic Development Zone. This award was confirmed in a letter, dated August 4, 1994, by the New York State Department of Economic Development. As part of the Zone application, the City applied for a $45,000.00 matching grant to administer the Zone. The grant, in the amount of $45,000.00 for the administration of the New York State Economic Development Zone was also approved. The grant is only available if the grant is equally matched by in-cash and in-kind commitments, with a minimal 50% in-cash match, made from public and/or private sources other than state government funds. As part of the Zone application, The Buffalo Enterprise Development Corporation made available the necessary sources to provide the in-cash and in-kind commitments, if The Buffalo Enterprise Development Corporation was the administrative agency for the $45,000.00 grant. The Department of Community Development believes that the experience of the staff of The Buffalo Enterprise Development Corporation makes them appropriate as the administrative agency for the $45,000.00 grant. It is therefore respectfully requested that an appropriate resolution be approved. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 58 Oak Street Redevelopment Project NYR-197 Approval of Assignment of Parking Agreement Between VNA Group Realty Inc. and Key Bank of New York Southeast Corner - Carlton & Washington Attached for your review and approval is an assignment of Parking Agreement between VNA Group Realty Inc. and Key Bank of WNY. The Visiting Nurses Association constructed a 32,000 sq. ft. facility on the corner of Carlton & Washington and are subleasing a portion of the adjacent parcel of land for parking from Health Care Plan. The Erie County Industrial Development Agency issued a $2.9 Million Dollar Industrial Revenue Bond for the project. As security for the Bond and to insure the performance on each and all of its obligations, VNA must grant a security interest and collaterally assign all of its rights, title and interest which includes the Parking Agreement approved by the Common Council on June 28, 1994. This assignment of Parking Agreement must be approved by Your Honorable Body pursuant to the terms of the Agreement. Mr. Pitts moved: That the communication from the Commissioner of Community Development be received and filed, and That the assignment of Parking Agreement between VNA Group Realty, Inc., and Key Bank of New York for the southeast corner of Carlton and Washington be and is hereby approved. PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF STREETS No. 59 Accept Bleach Donation Please be advised that Frontier Supply and Equipment located at 210 Amherst St., has donated 2-15 gallon drums of bleach to the Buffalo Animal Shelter RECEIVED AND FILED. No. 60 Animal Shelter Activity Month of October, 1994 Deposits for October are as follows: 10/11/94 $ 757.50 10/17/94 1,127.50 10/24/94 525.00 10/31/94 247.50 Total $2,657.50 Total since 8/1/94 $7,365.00 Adoptions - Cats 16 Adoptions - Dogs 44 Dogs Returned To Owner 25 S.P.C.A. Total - 19 Dogs and Cats The extra activity, which occurred in the adoption of dogs, is the result of three litters of puppies we had received. We held these puppies for five weeks, until they were weaned and ready to be adopted. Also by holding animals that are adoptable for a longer period of time, enables us to be more successful in finding homes for many more of our animals. Working as a team with the S.P.C.A., provides us the means of saving a greater number of animals. RECEIVED AND FILED. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 61 Report of Pre-Demolition Asbestos Removal for Various Properties Within the City Please be advised that Pre-Demolition Asbestos bid offers were solicited by our department on November 2, 1994 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS/ OWNER CONTRACTOR/ AMOUNT OF BID 581 Adams Street Higgins Group Robert Dixon $1,180.00 c/o P.O. Box 65A Route 3 Buffalo, New York 94 Fougeron Street Peerless Environ. Control Inc. Gloria J. White $1,088.00 507 East Ferry Street Buffalo, New York 257 Grape Street Peerless Environ Control Inc. Wilmon Arbam $5,699.00 282 Grape Street Buffalo, New York 401 Hickory Street Peerless Environ Control Inc. James Farrar & $4,544.00 Queenie B. Farrar (dec) 401 Hickory Street Buffalo, New York 525 Howard Street Peerless Environ Control Inc. Antonia Smejda $2,249.00 480 Elma Meadow Lane Elma, New York 483 Madison Street Higgins Group front & rear $7,380.00 Robert Smith 167 Hamlin Road Buffalo, N Y 16 Nevada Street Peerless Environ Control Inc. Roberta Hue $4,311.00 164 Butler Street Buffalo, New York 57 Nevada St and Garage Peerless Environ Control Inc. James R. Pope $4,941.00 9 Forrestal Lane Buffalo, New York 18 Oneida Street Higgins Group Mary A. Jones $975.00 c/o Howard Walker 43 Manor Oak Drive Amherst, New York 384 Wilson Street Peerless Environ Control Inc Susie M. Reid $6,940.00 18 Verdun Buffalo, New York Please be further advised that our department will solicit bids for the demolition of these buildings upon completion and acceptance of the removal of the asbestos. 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 & Community Revitalization, dated November 2, 1994, be received and filed; and That the Commissioner of Inspections & Community Revitalization be, and he hereby is, authorized to award a contract for Pre-Demolition Asbestos Removal, to Higgins Group, the lowest responsible bidder in the amount of $1,180.00, for 581 Adams Street,; Peerless Environmental Control Inc., in the amount of $1,088.00, for 94 Fougeron Street,; Peerless Environmental Control Inc., in the amount of $5,699.00, for 257 Grape Street; Peerless Environmental Control Inc., in the amount of $4,544.00, for 401 Hickory Street; Peerless Environmental Control Inc., in the amount of $2,249.00, for 525 Howard Street; Higgins Group, in the amount of $7,380.00, for 483 Madison Street, front & rear; Peerless Environmental Control Inc., in the amount of $4,31 1.00, for 16 Nevada Street; Peerless Environmental Control Inc., in the amount of $4,941.00, for 57 Nevada Street and Garage; Higgins Group, in the amount of $975.00, for 18 Oneida Street; Peerless Environmental Control Inc., in the amount of $6,940.00, for 384 Wilson Street, with said cost to be charged against the Special Assessment Fund #500-000-002-00000. PASSED. AYES- 13 NOES- 0. No. 62 Report of Emergency Demolition Bids for 240 Adams, 41 Ruhland and 302 Box Due to the very serious and hazardous condition of the buildings located at the above-stated 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 October 31, 1994 and that the contract will be awarded to the following bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID Aggregate Bid 240 Adams J. Martin Lamont A. Singletary $7,000.00 143 Oakgrove Buffalo, New York 41 Ruhland J. Martin Henry & Sophie Wisniewski $11,000.00 1578 Carey Pl. Frederick, MD 302 Box J. Martin John Dunkle $2,000.00 505 Marilla St. $20,000.00 Total Aggregate Bid 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 November 3, 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 $7,000.00, relating to 240 Adams, $11,000.00 relating to 41 Ruhland and $2,000.00 relating to 302 Box, are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund 500-000002-00000, 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 1 13 of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 63 Report of Emergency Demolition Bids for 703 Broadway - garage only, 32 Paderewski Dr. and 503 Swan Street Due to the very serious and hazardous condition of the buildings located a the above-stated 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 those 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 October 24, 1994 and that the contract will be awarded to the following bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID Aggregate Bid 703 Broadway - garage only Mabel S. Davis Eastwood Industries, Inc. 705 Broadway, Bflo., NY $1,777.00 32 Paderewski Drive Barbara D. George Eastwood Industries, Inc. 40 Strauss St., Bflo., NY $5,555.00 503 Swan Street George M. Lombardo Eastwood Industries, Inc. 2836 Seneca St., Bflo., NY $8,888.00 $16,220.00 Total Aggregate Bid 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 October 26, 1994 be, received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Eastwood Industries, Inc. at a cost of $1,777.00, relating to 703 Broadway, $5,555.00 relating to 32 Paderewski Drive and $8,888.00 relating to 503 Swan Street, 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 City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 64 Report of Emergency Demolition Bids for Various Locations within the City Due to the very serious and hazardous condition of the buildings I located at 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 October 31, 1994 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 264 Bristol Street Young's Auto and House Wrecking Evelyn Girard $5,200.00 264 Bristol Street Buffalo, New York 854 Genesee Street Young's Auto & Housewrecking Traif Enterprises, Inc. $9,300.00 C/O Sanford Hayes 197 Heath Street Buffalo, New York 1662 Genesee Street Eastwoood Industries. Inc. Barron & Patricia Johnson $10,444.00 1662 Genesee Street Buffalo, New York 168 Goodyear Ridge Maintenance Gregory J. Rosinski $5,825.00 15 Shadyside Lane Lancaster, New York 20 Hollister Eastwood Industries, Inc. Angela Scott $5,777.00 105 Richlawn Buffalo, New York 469 Northampton & Garage Eastwood Industries, Inc. Larry Kimberly $9,444.00 103 Kingsley Buffalo, New York 123 Reed Street & Garage Lebis Enterprises, Inc. Ida M. St. John $4,800.00 2108 Milano Drive Columbus, GA 493 Sherman Street Lebis Enterprises, Inc. Charlie C. & Darlene Hill $5,350.00 54 Warren Ave., Bflo, NY ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 231 Sobieski Street Lebis Enterprises, Inc. David A. Gouchie $5,775.00 97 Duerstein, Bflo.,NY 135 Vandalia - Rear Only Ridge Maintenance Thomas M. Huthmacher $6,225.00 88 Kentucky St., Bflo, NY 66 Wasmuth Street Ridge Maintenance Rosemary Quinney $3,225.00 36 Newburgh Ave., Bflo, NY 28 Wende St. & Garage Lebis Enterprises, Inc. DeJon & Shirley Strong $6,950.00 28 Wende St., Bflo., NY 351 Winslow - Rear Only Ridge Maintenance Maggie Hannah $2,725.00 351 Winslow, Bflo, NY 92 Woeppel Street Eastwood Industries, Inc. Ronald B. Comer $9,555.00 12 Colonial Circle 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 November 2, 1994 be, received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Young's Auto and House Wrecking at a cost of $5,200.00, relating to 264 Bristol Street and $9,300.00 relating to 854 Genesee Street; Eastwood Industries, Inc. at a cost of 10,444.00 relating to 1662 Genesee Street; Ridge Maintenance at a cost of $5,825.00 relating to 168 Goodyear; Eastwood Industries, Inc. at a cost of $5,777.00 relating to 20 Hollister; $9,444.00 relating to 469 Northampton; Lebis Enterprises, Inc. at a cost of $4,800.00 relating to 123 Reed Street; $5,350.00 relating to 493 Sherman Street; $5,775.00 relating to 231 Sobieski Street; Ridge Maintenance at a cost of $6,225.00 relating to 135 Vandalia; $3,225.00 relating to 66 Wasmuth Street; $2,725.00 relating to 351 Winslow; Lebis Enterprises, Inc. at a cost of $6,950.00 relating to 28 Wende Street and Eastwood Industries, Inc. at a cost of $9,555.00 relating to 92 Woeppel Street, 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 City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 65 Report of Emergency Demolition Bids for Various Locations within the City Due to the very serious and hazardous condition of the buildings located at 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 October 31, 1994 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 744 Glenwood Avenue Eastwood Industries, Inc. City of Buffalo $5,555.00 422 High Street Young's Auto & Housewrecking City of Buffalo $8,900.00 134 Moselle Street Eastwood Industries, Inc. City of Buffalo $5,777.00 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully 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. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated November 3, 1994 be, received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Eastwood Industries, Inc. at a cost of $5,555.00, relating to 744 Glenwood Avenue; Young's Auto & Housewrecking at a cost of $8,900.00, relating to 422 High Street; Eastwood Industries, Inc. at a cost of $5,777.00, relating to 134 Moselle 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. 66 Report of Emergency Bid for Demolition of 379 Seventh Street - Rear Only 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 October 28, 1994 and that the contract will be awarded to the lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 379 Seventh Street - rear only Lebis Enterprises, Inc. Michael J. Plague $10,999.00 35 Danforth Street Buffalo, New York 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 October 31, 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, Inc. at a cost of $10,999.00, relating to 379 Seventh Street - rear only, 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. 67 Report of Emergency Demolition of 789 Sycamore Street Due to the very serious and hazardous condition of the fire-damaged building located at the above-stated address, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on October 27, 1994 and that the contract will be awarded to the lo responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 789 Sycamore Street Cedar Wrecking & Salvage Craig Sizer $6,900.00 789 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 October 28, 1994 be, received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Cedar Wrecking & Salvage at a cost of $6,900.00, relating to 789 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. 68 Report of Emergency Demolition Bid 311 West Utica Street Due to the very serious and hazardous condition of the fire-damaged building located at the above-stated address, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on October 30, 1994 and that the contract will be awarded to the lowest responsible bidder ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 311 West Utica Street Cedar Wrecking Dale F. Smith $18,000.00 80 Burch Avenue West Seneca, 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 October 31, 1994 be, received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Cedar Wrecking at a cost of $18,000, relating to 311 West Utica 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. 69 Bids-Pre-Demo Asbestos Removal Item #71, CCP, October 4, 1994 Please be advised that the pre-demolition asbestos removal bid for the property located at 422 High Street, Higgins Group, in the amount of $4,896.00 will be charged to the Special Assessment Fund #500-000002-00000. RECEIVED AND FILED. No. 70 Consider Demolitions by City Item No. 217, CCP October 4, 1994 As requested, a representative of this department met with Councilmembers LoTempio and Bell in conjunction with the establishment of a committee to discuss the feasibility of forming a city demolition crew for demolishing both private and city-owned structures. Also as requested, the following information indicates the amount of money set aside for demolitions from the City budget and the Community Development Block Grant program and the cost of the demolitions for the last three (3) fiscal years ' All demolitions are considered emergency with two (2) categories, 1) individual bid at the site and 2) Informal Emergency Bid Package. YR CAPITAL OUTLAY CAPITAL PROJ. CDBG 91/92 $100,000.00 $ - 0 - $275,000.00 92/93 - 0 - 1,200,000.00 325,000.00 93/94 200,000.00 - 0 - 350,000.00 94/95 200,000.00 - 0 - 200,000.00 $500,000.00 $1,200,000.00 $1,150,000.00 City Capital Outlay and City Capital Projects monies are used for demolition of city-owned properties only. The attached report indicates the amount expended on each demolition and its funding source. The information below lists the total number of demolitions in each funding category and the aggregate cost for the last three (3) fiscal years: SOURCE # OF STRUCTURES AMOUNT City Capital Outlay 70 $ 359,132.00 (city-owned) City Capital Projects 83 1,017,129.00 (city-owned) TOTAL CITY-OWNED 153 $1,376,261.00 CDBG (BURA-Owned) 1 $21,888.00 CDBG (Privately-Owned) 196 1,141,231.00 TOTAL CDBG 197 $1,163,119.00 Special Assessment 225 $1,443,843.00 (privately-owned) TOTAL PRIVATE OWNED 422 $2,606,962.00 The following is the total number of all city-owned and privately owned structures demolished during the last three (3) fiscal years: # OF STRUCTURES AMOUNT CITY 153 $1,376,261.00 PRIVATE 422 2,606,962.00 TOTAL: 675 $3,983,223.00 RECEIVED AND FILED. No. 71 Emergency Demolition Process Item No. 215, C.C.P. 10/4/94 In response to the above stated council item I would like to supply your Honorable body with the following information. The Division of Housing and Property Inspections is in the process of exploring the possibility of hiring and equipping our own demolition crew. This process involves the input of several city departments. The Division of Housing and Property Inspections is limited to soliciting bids from contractors that have a valid demolition license. The requirements of this license may place limits on an individual or company that may have the physical talents and equipment to perform this type of work, but lacks the monetary means to qualify for insurance or bonding. The possibility of Bidding of emergency demolition contracts based on square or cubic footage is difficult. The variables such as the contents, type of construction, proximity to adjacent structures and weather conditions are just some of the items that would have to be made part of the contract. The previously stated processes will be discussed further by a committee being formed to deal with the overall system of demolition. Representatives of the Department of Inspections and community Revitalization are available to assist in any way to improve the system for the razing of hazardous structures. I trust that this communication will satisfy your inquiry. RECEIVED AND FILED. No. 72 Re-evaluate Process for Demolitions Item #186, C.C.P. 10/4/94 In response to the above stated council proceeding I wish to provide your Honorable body with the following information. Please be advised that the Department of Inspections and Community Revitalization, when dealing with Demolition of dangerous structures, complies with the Charter and ordinance of the City of Buffalo. In recent years it seems that the frequency of emergency demolition has increased. While the properties that have been damaged by fire receive immediate attention, many others that are demolition worthy rot and fester to become dangerous detriments to their communities. The budget allotment dedicated to demolition has continually been decreased. The properties that are candidates for demolition are increasing in numbers. This combination is a formula for disaster. When the Commissioner of fire, Police, or Inspections condemns a property it is not done in a reckless manner. Many factors are taken into consideration. An informed decision is made on each and every case. The cost of some of the demolition work may seem high, but what is the cost to a family when someone is critically hurt or killed by one of these dilapidated buildings. I trust that this response will satisfy your inquiry. RECEIVED AND FILED. No. 73 C.J. Jones - Protest Demo Cost 574 Goodyear Item No. 94, C.C.P. 10/4/94 With regard to the above stated council communication we would like to supply your Honorable body with the following information. We in the department of Inspections and Community Revitalization are charged with the responsibility of the removal of hazardous structures. On June 3, 1994) 574 Goodyear was severely damaged by fire. In response to an order from the Commissioner of Fire, this building was immediately demolished. The Division of Housing and Property Inspections solicited bids from fourteen separate demolition contractors. Three of these contractors responded to the site for the bid opening. The lowest proposal of the three responding bidders was accepted. The Division of Housing and Property Inspections of the Department of Inspections and Community Revitalization followed a long standing policy in the handling of emergencies such as this. REFERRED TO THE COMMITTEE ON FINANCE. No. 74 Reply To Liquor License/Inspection Requests 2134 Seneca, 1680 Elmwood Avenue and 16 Allen Street. Item No. 62, C.C.P. 9/20/94 With regard to the above subject request please be advised of the following inspection status: 2134 Seneca St. Legal use as a bar/restaurant established at the time of construction. One outstanding building permit. Work recently completed at front facade. Currently occupied as a tavern/ restaurant/meeting room. No habitable space. There are no current court cases pending; nor any existing violations. 1680 Elmwood Ave. Legal use as a restaurant/bar established per permit R047933, dated September 26, 1949. No outstanding building permits or work in progress at this time. No current court cases at this time. Only minor violations exist at this time. (one broken window at north side, and trash and debris on property which is currently vacant.) Violations addressed by letter of violation and returned to the district for follow-up. 16 Allen St. Legal use as a restaurant/bar at first floor established via permit #B18339, dated May 11, 1979. No outstanding building permits or work in progress at this time. Original use as a boarding house and converted to a mixed occupancy bar/restaurant on the first floor and single apartment on the second floor. No current court cases pending. No current violation Property is very well maintained. All inspections were made by Building Inspector Arthur Kostrzewa on October 14, 1994. We trust this will satisfy your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 75 R. Salvador-Requests Relief on Housing Court Matters Item No. 83, C.C.P. 10/18/94 In response to the above stated Council communication I would like to supply you with the following information. The inquiry sent by R. Tiongson of Tecumseh, Ontario deals with legal and social-economic matters that fall beyond the jurisdiction of the Department of Inspections and Community Revitalization. In dealing with this and thousands of other properties, the Division of Housing and Property Inspections follows the same procedures. The investment property owned by Mr. Salvador is subject to the same code requirements as the rest of the housing stock of the City of Buffalo. No individuals or companies are given any special considerations. We are an agency of enforcement. We cannot grant any relief from the Charter and Ordinances. A related communication has been sent to the office of Mayor Masiello by a C.T. Bautista. This person identifies himself as an "agent for Plaintiff". In this communication, reference is made to the alleged unfair treatment that Mr. Salvador is receiving from the City of Buffalo and its representatives. Due to the fact that Mr. Salvador plans to bring suit against the City of Buffalo and other circumstances that have to be taken into consideration, I feel that your inquiries on this subject would best be addressed by the Corporation Counsels office. In addition, I would like to inform your Honorable Body that this property has been cited with six (6) violations on January 26, 1994 by our Department. Furthermore it has also been brought to my attention that this property has remained vacant for no less than one year. REFERRED TO THE COMMITTEE ON FINANCE. No. 76 Safety of City Property Item No. 213, C.C.P. 10/4/94 In response to the above stated council communication I would like to inform your Honorable Body of the following information. The Division of Housing and Property Inspections is responsible for enforcement of the codes that deal with the health and safety issues, as they apply to all buildings in the City of Buffalo. A listing of city owned property is maintained by the office of the Comptroller, in the Division of Peal Estate. Jurisdiction of City owned properties lies with the Department of Public Works under the office of the Director of Buildings. If the Division of Housing and Property Inspections inspects each property for compliance to our codes, we are responsible to prosecute the owners of such properties. This may lead to unnecessary work and duplication of services. If any assistance is required by our department in the planning or establishment of a program to correct violations of city owned properties we are available to assist in any fashion. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 77 HOME Rental Rehab Funds for the Conversion of 27-37 East Morris aka Morris Manor I am respectfully requesting your approval of $242,000 of ROME Rental Rehabilitation funds for the Morris Manor Apartments, located at 27-37 East Morris. The interest rate will be 4% for 15 years. The owner is: Michael Joseph, Brookview Apartment Investors, L.P., 1420 Millersport Highway, Williamsville, New York 14221, 688-4503. Note: the above listed property is current with their City taxes, County taxes, water bill and Notice of Violations with the Division of Inspections. Furthermore, any property owned within the City of Buffalo were investigated and found to be current with their City taxes, County taxes, water bill and N.O.V. Furthermore, the Senior Loan Review Committee within the Dept. of Inspections and Community Revitalization has thoroughly reviewed the developers proposal and with the approved NYS Offering Plan for the Condominium, and has approved the project to form. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 78 HOME Rental Rehabilitation Funds: 603 Grant, 38 Richlawn, 7 Zittel, 78 Dewey and 336 East I am respectfully requesting your approval for $197,760 of HOME Rental Rehabilitation funds for the following projects: Property Owner Amount # of Units 603 Grant St. Daniel Glushefski $21,260 3 units 38 Richlawn Ave. Clifford Hornick $20,000 2 units 78 Dewey Ave. Alois Williams $20,000 2 units 7 Zittel St. Eric Kruder $16,500 4 units *336 East St. Blackrock Riverside NHS $120,000 5 units Total funds requested = $197,760 Note: all above referenced owners have complied with the attached form letter submitted by Thomas E. Hill, Jr., Sr. Loan Administrator. All taxes are currently up to date and there are no N.O.V.'s. Additionally, the Senior Loan Review Committee from the Div. of Community Revitalization has reviewed the necessary closing documents and has approved to form. *Note: approved at a lower rate of 2% - for 20 years by the Senior Loan Review Committee based upon applicants non-profit status and inability to repay the loan at 4% annual interest. Also, the non-profit (Blackrock Riverside NHS) has agreed to negotiate a payment, in lieu of property taxes. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization dated October 26, 1994, be received and filed; and That the Commissioner of Inspections and Community Revitalization be, and he hereby is, authorized to release the amount of $197,760 of HOME Rental Rehabilitation funds for the following projects: 603 Grant Street, 38 Richlawn Ave., 78 Dewey Ave., 7 Zittel St. and 336 East St. PASSED. AYES- 13 NOES- 0. No. 79 Certificate of Appointment Appointment effective 10/31/94 in the Department of Inspections and Community Revitalization, Patrick McDonald, 22 Payson Place, Buffalo, New York 14220 to the position of Building Inspector, Temporary, at the Intermediate Starting Salary of $32,459. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 80 Contractual Settlement Agreement City of Buffalo and Buffalo Crossing Guards Association Jul 1, 1994 through June 30, 1997 Attached please find a Contractual Settlement Agreement between the City of Buffalo and the Buffalo Crossing Guards Association for the period July 1, 1994 through June 30, 1997. This Agreement is applicable to approximately 190 employees, and provides a 2.5% salary increase in fiscal year 1994-1995, a 2.5% salary increase in fiscal year 1995-1996 and a 1.5% salary increase in fiscal year 1996-1997, Cost savings will be realized by the implementation of the "Mayor's" health care plan. This Agreement also contains modifications to the lay-off provision. Your approval of this Agreement is respectfully requested. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 81 General Fund - City Gap Sheet First Quarter 1994-95 Under this cover please find the City's General Fund Gap Sheet for the first quarter of fiscal year 1994-1995, ended September 30, 1994, the Mayor's plan for addressing the gap and a series of charts outlining the causes of the gap, the Mayor's plan for closing the gap and the projected best case gap for the 1995-96 fiscal year. The first quarter gap sheet projects a negative fund balance of $5.385 million for the 1994-95 fiscal year. Please note that this is a preliminary estimate based upon information currently available to the budget office. The Mayor has developed a plan to address the gap and has committed to do everything required to end the year on budget. The Mayor's plan, outlined in the attached documents, calls for a hiring freeze on all but revenue producing and overtime generating positions, bringing parking ticket revenues back to budget and aggressively limiting overtime spending. These initiatives, along with others outlined in the Mayor's statement, will close less than half of the projected gap. The Administration will continue to closely monitor spending patterns through the second quarter and if a substantial gap remains at that time mid-year layoffs will be initiated. While it pains the Administration to contemplate this action, there simply is no alternative. The city has few tools at its disposal to address a gap of this magnitude and it is imperative that the fiscal integrity of the city be maintained until we can re-engineer operations to address our structural inadequacies. The Administration is asking for help and support from the council and the city's unions in closing this gap so that lay-offs can be mitigated. I hope this document will help inform the Common Council on the city's fiscal condition and I stand ready to meet with your honorable body to discuss solutions to our problems. REFERRED TO THE COMMITTEE ON FINANCE. No. 82 Establish No-Refund Policy for Park Passes Item No. 170, CCP November 1, 1994 This office is in agreement with the above mentioned resolution. The Parks Department should establish a formal policy of not refunding money paid for seasonal recreational passes and that policy should be clearly communicated to potential season recreational pass applicants. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 83 Implement City Wide Garbage Tag Identification Program Item No. 179 CCP November 1, 1994 This office will be happy to participate in discussions relating to the design and implementation of a "Garbage Tag Program." The City's re-engineering study will have garbage collections as one of it's primary focuses; I will recommend that the consultants include this option among those examined. Another area of examination should be the feasibility of such a proposal. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 84 Certificate of Appointment Appointment effective October 31, 1994 in the Department of Administration and Finance, Division of Budget, Pamela K. Asarese 51 Cheltenham Dr., Buffalo, New York 14216, to the position of Senior Management Analyst, Permanent at the Maximum Starting Salary of $42,896. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 85 Certificate of Appointment Appointment effective March 24, 1994 in the Department of Human Resources Division of Substance Abuse Services, Sharon M. Loubert, 906 Prospect Avenue, Buffalo 14213, to the Position of Fiscal Supervisor, Provisional, at the Maximum Starting Salary of $ 32,395. Mr. Pitts moved: That the communication be received and filed and the Provisional appointment of Sharon M. Loubert stated above at the maximum salary $32,395.00 effective on March 24, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF GENERAL SERVICES No. 86 Vehicle Auction The Department of General Services requests permission to release the following vehicles which were offered at auction at the Police Garage at the below listed prices on 10/28/94. Vehicle #S-270 1947 Ford Stake Truck $975.00 Vehicle #P-945-MA 1989 Dodge $1,000,00 Please note the vehicles are "added on" to the original list submitted on 10/13/94. Mr. Pitts moved: That the communication from the Commissioner of General Services, dated November 2, 1994, be received and filed; and That the Commissioner of General Services be, and he hereby is, granted permission to release the following vehicles which were offered at auction at the Police Garage at the below listed prices on 10/28/94: Vehicle #S-270 1947 Ford Stake Truck $975.00 Vehicle #P-945-MA 1989 Dodge $1,000.00 PASSED. AYES- 13 NOES- 0. FROM THE CIVIL SERVICE COMMISSION No. 87 Info-Salary Ordinance Amendment-Substance Abuse Item #219, C.C.P., 10/4/94 The Civil Service Commission is in receipt of correspondence from the Department of Human Resources/ Division of Substance Abuse Services, advising that due to lack of funds TWO (2) Counselor III positions will be abolished instead of THREE (3) positions. In reply to your request concerning the above matter, the following non-permanent individuals will be laid-off: Willie Johnson - provisional appointment 7/6/94 - has no permanent status - has no bump or retreat rights. Lauris Robinson - provisional appointment 8/30/94 - has no permanent status - has no bump or retreat rights. RECEIVED AND FILED. No. 88 Expel Convicted Felons from Retirement System Item #166, C.C.P., 11/1/94 The Civil Service Commission is in receipt of correspondence requesting a determination concerning "Expel Convicted Felons from Retirement Systems." Please be advised the Buffalo Municipal Civil Service Commission has no jurisdiction over this matter. It is suggested that you contact the Department of Law and/or the Division of Labor Relations. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No. 89 Notice of Hearing Rename Woodlawn Park as "Charles T. Perkins Park" Item No. 163, C.C.P., November 1, 1994 I hereby inform you that a public hearing has been scheduled to be held before the Common Council at its Regular Meeting on Tuesday, November 15, 1994, at 2:00 P.M. in the Council Chamber. The notice of said hearing was published in the Buffalo News on Friday, November 4, and Thursday, November 10, 1994, and a copy of these publications are attached hereto. RECEIVED AND FILED. No. 90 Take From the Table Rename Woodlawn Park as "Charles T. Perkins Park" (Item No. 163, C.C.P., November 1, 1994) Mr. Pitts moved that the above item, the subject of a hearing scheduled for this day before the Common Council, is hereby taken from the table, and is now before the Common Council for its consideration. Seconded by Mr. Perla. ADOPTED. No. 91 Hearing Rename Woodlawn Park as "Charles T. Perkins Park" Item No. 163, C.C.P. November 1, 1994 Mr. Pitts moved that the above item is properly before the Common Council and the hearing be opened. CARRIED. Appearances in Favor- Charles Thomas, Hamlin Park Assn. Mr. Pitts moved that the hearing be closed. CARRIED. Mr. Pitts moved that, after the required public hearing held by this Common Council, the name of Woodlawn Park, be changed to "Charles T. Perkins Park", and the City Clerk be and hereby is directed to notify, by certified copy, the proper authorities as required by Section 286-5 of the Code of the City of Buffalo. Seconded by Mr. Collins. PASSED. AYES- 13 NOES- 0. No. 92 Resignation Of Councilmember At Large Fahey Pursuant to my recent election to Buffalo City Court Judge, I hereby resign from the position of Council Member At Large effective December 31, 1994 at 11:59 PM. In addition, please consider this formal notice of my resignation as Chairman of the Police Reorganization Committee. RECEIVED AND FILED. No. 93 Shared Archival Records Storage Grant Attached please find the Certification of the Erie County Legislature approving the $31,500 Grant for a consultant to explore the feasibility of a shared archival records storage and research facility with the City of Buffalo. RECEIVED AND FILED. No. 94 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 44 Allen St. Mickey's Grill 44 Allen St. Inc. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 95 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Public Works- William Finnegan RECEIVED AND FILED. No. 96 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Buffalo Sewer Authority City Planning Board Emergency Medical Services Board Municipal Housing Authority RECEIVED AND FILED. No. 97 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Pitts moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment effective November 9, 1994 in the Department of City Clerk, Willie Earl House, 547 Lasalle, Buffalo, NY 14215, to the Position of Intern III Seasonal, at the Flat Starting Salary of $5.00/hr. No. 98 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF STADIUM & AUDITORIUM Appointment effective November 7, 1994 in the Department of Stadium & Auditorium, Division of Memorial Auditorium Gregory J. Palamara, 186 Saranac Ave., Buffalo, 14216 to the Position of Laborer II, Seasonal, at the flat Starting Salary of $6.92 hr. Appointment effective November 1, 1994 in the Department of Stadium & Auditorium Division of Pilot Field Stadium John A. Blake, Jr., 68 Houston St., Buffalo, 14220 to the Position of Senior First Class Stationary Engineer, Temporary, at the Flat Starting Salary of $7.33 hr. Appointment effective November 7, 1994 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, Johnathan Lail, 250 Marilla St. Apt. #2, Buffalo, 14220 to the Position of Sr. First Class Stat. Eng., Temporary, at the flat Starting Salary of $7.33 hr. DEPARTMENT OF PUBLIC WORKS Appointment effective November 1, 1994 in the Department of Public Works Division of Water, Cherrie L. Kennedy, 148 Bird Avenue, Buffalo, 14213 to the Position of Clerk, Seasonal, at the Flat Starting Salary of $5.20 hr. Appointment effective November 14, 1994 in the Department of Public Works, Division of Water, Maureen Colern, 154 Cushing Place, Buffalo, 14220, to the Position of Clerk, Seasonal, at the Flat Starting Salary of $5.20/Hour Appointment effective November 10, 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/Hour Appointment effective November 3, 1994 in the Department of Public Works, Division of Buildings, to the Position of Sr. 1st Class Stationary Engineer Temporary, at the Flat Starting Salary of $ 7.33 hr. Herbert E. Hogue, Jr., 140 Breckenridge St., Buffalo 14213 Rodney J. Martz, 98 Alsace Avenue, Buffalo 14220 Charles D. Sayler, 72 Sidway Street, Buffalo 14210 Edward E. Smith, 107 Kimberly Avenue, Buffalo 14220 Edward D. Standish III, 327 Cable Street, Buffalo 14206 Appointment effective November 7, 1994 in the Department of Public Works, Division of Buildings, to the Position of Sr. 1st Class Stationary Engineer, Temporary, at the Flat Starting Salary of $ 7.33 hr. Edward F. Anken, 73 Houston Street, Buffalo 14220 Earl J. Mekelburg, 1186 Seneca Street, Buffalo 14210 Paul N. Calmes, Sr., 159 Como Avenue, Buffalo 14220 Appointment effective November 10, 1994 in the Department of Public Works Division of Buildings, to the Position of Sr. First Class Stationary Engineer, Temporary, at the Flat Starting Salary of $ 7.33 hr. Charles R. Isch, 288 Marilla Street, Buffalo 14220 Robert J. Stevens, 196 Geary Street, Buffalo 14210 DEPARTMENT OF PARKS Appointment effective November 10,1994 in the Department of Parks Division Of Recreation Encil Palemer, 202 Vermont, Buffalo 14213, to the Position of Refrigeration Plant Engineer, Seasonal, at the Flat Starting Salary of $6.91 hour. DEPARTMENT OF POLICE Appointment effective Monday, November 7, 1994 in the Department of Police, to the Position of Lieutenant, Permanent, at the Flat Starting Salary of $48,310. Elijah Abram Jr., 268 Garden Parkway, Williamsville 14221 James T Dee, 18 Ferndale Drive, Orchard Park 14127, Diane P Dreyer, 104 Linden Avenue, Tonawanda 14217 Michael A March, 125 Granview Avenue, Tonawanda 14223 Lewis D Ferrentino, 83 Salem Street, Buffalo 14220 Albert J Liberatore, 380 Woodward Avenue, Buffalo 14214 Sean T O'Brien, S5619 Coachmans Lane, Hamburg 14075 Appointment effective Monday, November 7, 1994 in the Department of Police, to the Position of Lieutenant Contingent Permanent, at the Flat Starting Salary of $ 48,310. Daryl J Ricigliano, 296 Linden Avenue, Buffalo 14216 James P Shea, 371 Downing Street, Buffalo 14220 Appointment effective Monday, November 7, 1994 in the Department of Police, to the Position of Captain, Permanent, at the Flat Starting Salary of $55,349. Crystalea Burns-Pelletier, 8674 Bonview Terr., Clarence 14221 David J Andrews, 64 Lordan Drive, Cheektowaga 14227 James F Cudney. 1676 Elmwood Avenue, Buffalo 14207 Appointment effective Monday, November 7, 1994 in the Department of Police, to the Position of Captain, Contingent Permanent, Flat Starting Salary of $55,349. Patrick J McLeod, 35 Linwood Avenue, Hamburg 14075 Mark E Blankenberg, 758 Robin Road, Amherst 14228 DEPARTMENT OF ADMINISTRATION & FINANCE Appointment effective November 14, 1994 in the Department of Administration and Finance, Division of Parking Enforcement, to the Position of Parking Enforcement Officer, Temporary, at the Flat Starting Salary of $ 6.22 hr. Joseph A. Giambrone, 1694 Seneca Street, Buffalo, 14210 Carmen T. Pace, 328 Grant Street, Buffalo 14213 Dennis A. MacMillan, 217 Rebecca Park, Buffalo 14207 No. 99 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF PUBLIC WORKS Appointment effective October 31, 1994 in the Department of Public Works, Division of Buildings, Carl J. Yost, 3 Tennessee, Street, Buffalo 14204, to the Position of Plumber, Provisional, at the Minimum Starting Salary of $23,715. DEPARTMENT OF HUMAN RESOURCES Appointment effective November 7, 1994 in the Department of Human Resources, Division of Youth, Robert O'Sullivan, 229 Winston Road Buffalo 14216, to the Position of Assistant Financial Officer Youth Provisional, at the Minimum Starting Salary of $26,396. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 100 BUFFALO CONVENTION CENTER MGMT. CORP. Change Audit Requirements The Buffalo Convention Center Management Corporation respectfully requests that the Common Council consider an addendum to our contract with the City regarding the provision of supplying financial statements on a quarterly basis. This requirement was instituted in the agreement many years ago and its purpose today is not known. Since the quarters to be provided are different than regular, calendar quarters, this necessitates additional work by our Controller, as well as by our outside accounting firm; thereby increasing our internal and external costs. By modifying the agreement, we would be able to save some dollars from our already financially strained budget. The Buffalo Convention Center Management Corporation's financial records are reviewed each month by an outside firm. Additionally, a monthly statement, as well as returnable revenue, when applicable, is sent to both Eva Hassett's and Joel Giambra's offices. To provide quarterly statements seems redundant and cumbersome. A final audited financial statement is furnished to the City in a timely fashion; our most current financial statement for the year ending June 30th was just sent to all concerned parties in October. I respectfully ask that the Common Council act in a prudent and expedient matter in responding to this request. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. No. 101 BEDC Marketing Plan - Neighborhood Commercial Land Bank The Buffalo Enterprise Development Corporation has prepared a marketing plan for sale and development and parcels in the Neighborhood Commercial Land Bank. The marketing plan, which is attached, has been updated and is being submitted for review of Your Honorable Body pursuant to provisions contained in the Administration Agreement for the Land Bank. The BEDC is continuing implementation of this plan as originally submitted on July 2, 1992. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 102 BUFFALO TEEN CHALLENGE Community Support For Use Of 124 Locust St. Please find enclosed the letter(s) that were requested at our Public Hearing, October 25, 1994. At that hearing it was suggested to us that we get letters from the neighbors as to their feelings about Teen Challenge purchasing 124 Locust Street and moving into the neighborhood. The neighbors were contacted and there were no opposing comments. We contacted the Block Club and they wrote a letter on behalf of the neighbors and mailed it to our center. They state in their letter that they feel like something good is moving into the neighborhood and that they will do everything that they can to benefit Teen Challenge. Please approve our request for a permit to occupy and use 124 Locust Street. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 103 L. GRASSO Offer To Purchase Brauning Copier I have been advised that the Division of Engineering is planning to dispose of its Brauning Copier MPD80, Class 19998. I would like to purchase this copier and I'm submitting a bid of $35.00. Please submit this bid to the Common Council for their consideration. REFERRED TO THE COMMITTEE ON FINANCE, THE DEPARTMENT OF GENERAL SERVICES AND THE CORPORATION COUNSEL. No. 104 GREATER BFLO. ATHLETIC CORP. Status Appropriation for World Games Payments I received your note requesting attendance at the Council's Finance Committee meeting on November 9th. Hopefully, by that time, the issue will be resolved, making the proposed hearings unnecessary. The Erie County Legislature is meeting on Thursday, November 3rd. to reconsider the $1.5 million appropriation for the World University Games. With those funds in place, the overwhelming majority of the event's financial plan will be set and the vendors and former employees of the Games will not have to continue to shoulder the burden they have had thus far. If for some reason the County Legislature does not pass the measure in early November, City of Buffalo participation could become very important. I think everyone knows the negative impact if the County does not pass the proposed legislation. over four hundred businesses and over two hundred former staff will go unpaid. The future of amateur sports in Buffalo and Western New York will be severely curtailed, leading to the possible loss of over $58 million in economic benefits expected from events over the next few years. In addition, Buffalo's reputation in the international community would suffer greatly. I would be very happy to meet with members of the Council to discuss how the city can financially help the World University Games vendors. REFERRED TO THE COMMITTEE ON FINANCE. No. 105 SHARON GREEN Forgive Interest Taxes 37 Devereaux You may recall that I called you on Friday, October 21, 1994, concerning my property taxes. In May of this year, I refinanced my mortgage through M & T Bank and I have never missed - or been late with - a mortgage payment since then. Since M & T said that my tax payments Would be included with my mortgage, I assumed that the taxes were being paid in a timely fashion. I never received a bill to indicate otherwise. I called you on October 21, because I had just received an overdue notice that was forwarded to me from the current owners of 205 Sweet Avenue, where I moved from in May, 1992. The notice stated that not only had the first half of taxes not been paid, but that $41.41 in interest had accrued. This notice was the first clue I had that, contrary to what M & T had assured me, my taxes had never been paid. I immediately Called M & T and spoke to Marilyn in the Mortgage Department, who discovered that when your office had sent them a bill in June or early July, they merely put in my file and disregarded it, because they said that my attorney should have informed me, at the closing, to pay the first half of taxes. (Even if that were so, I'm not sure how they thought I would know the exact amount due.) I then called my attorney, who had just mailed to me, via registered mail, all the items from the closing. When I went to the post office to pick them up on Friday, October 21, at 4:30 p.m., I received, for the first time a letter from her stating that I had to pay the first Half of taxes and the sewer rent (the sewer rent, by the way, was not mentioned on the notice that your office sent to 205 Sweet). My attorney was not present at the closing; she sent an assistant in her place. I asked my attorney to call the Mortgage Department at M&T, since the bank feels that she is responsible for never informing me. I am upset that the bank would simply file away a bill instead of forwarding it to me or calling to tell me the amount due. How could I pay a bill that was never sent to me? I wouldn't have even known the exact amount, since my previous mortgage company, Hartford Funding, paid all my taxes. I also asked my lawyer to call me back by Friday (yesterday), to let me know who will be responsible for this interest: M & T, or her. Since she has not yet returned my call. I do not wish to wait another day without paying my taxes. Thus, please find enclosed a check for the first half of taxes, $552.12, and the sewer rent $99.73, for a total of $651.85. Perhaps between your office, which never sent me a bill, M&T, who filed your bill and then did nothing, and my lawyer, who didn't inform me until just last week that I had to pay the first half of the taxes in addition to my monthly mortgage payment, someone can determine what to do about the interest totaling $42.91 ($41.41 on the taxes, and $1.50 on the sewer rent). If both M&T any my lawyer do not assume responsibility for this interest, I would like to request that you erase this interest, in light of this situation. In addition, I have several concerns for the future. First, please be sure that you have deleted 250 Sweet Avenue from all my records. I moved from there, to 37 Devereaux Avenue, 2 1/2 years ago. Second, please put a note in my file, or on your computer, that if M&T ever neglects to pay my taxes, within 3 weeks after you send the bill, I'd like a letter to that effect. If you sent a bill in June or July but never received a payment, a delinquent notice should have been sent to me much sooner than mid October, 3 months later. It is a shame that so much time lapsed, and so much interest accrued, yet no one bothered to tell me, the property owner. Third, I'd like to ask that this letter remain in my file, to make it clear that this interest did not accrue through my negligence. I pride myself in paying bills on time, which you can verify through New York Telephone, National Fuel Gas, Niagara Mohawk, US Sprint, or Nation Bank of Delaware (for my VISA). In addition, I have successfully paid off 2 mortgages in my lifetime, never once missing a payment, and several years ago, I paid off a home improvement loan through Key Bank over a year early. Finally checking my records, you can readily see that the property taxes on my house at 37 Devereaux are nearly triple those I paid on 205 Sweet Avenue. We are also well aware of the inordinate tax increase that occurred during the Griffin administration, which has severely impacted single-parent homeowners like myself. You might well ask why I moved to a house with taxes, much higher. The answer is simple: crime. I and my children were crime victims twice in early 1992 (police records substantiate this), and numerous Murders Occurred in the immediate vicinity of our East Side home at that time. We literally fled for Our lives. I have two children, one of whom was victimized by crime. After such horror, I could easily have fled the city, as have seen many others, but I did not. I am trying desperately to support Buffalo, my home; however, this tax incident is just one more discouragement. In order to pay these exorbitant property taxes and support my family, I have to work 2 jobs, one full-time and the other part-time. I have no other choice, yet as a middle-aged person, there are days when I am near collapse. Since I have no family, I cannot risk a heart attack, because who would care for my children? Thus, taking on a third job, to cover unnecessary interest payments, is simply impossible. In the past, I have urged several State Senators to introduce legislation that would offer tax reductions single-parent homeowners who earn below $30,000 per year. It is unfair that only senior citizens receive such benefits, since they are no longer paying day care and after school care, since they typically no longer have mortgage payments, and since they have lived longer and thus have had more years to save money. As a rule, single parents, especially women who on average make 70% of what men earn, are in dire need of same assistance. To my knowledge, no legislator has yet introduced such legislation. I have chosen never to rely on public assistance and nor expose my children to that type of dependence. Consequently, 2 jobs has become my way of life. Please do not punish me for this choice of being a homeowner by holding me responsible for interest that accrued because no one sent me a bill or informed me that there even was one. If I receive any resolution from M&T or my attorney, I will inform you immediately. Should you have any questions, I can be reached at 88103200, ext. 7773, from 8:30 - 4:00 pm, or 834-3270 after 4:30 any day except Tuesday. Thank you for your time. REFERRED TO THE COMMITTEE ON FINANCE, THE DEPARTMENT OF ASSESSMENT, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 106 MERCY FLIGHT Reject ECMC Plan; Suspend Application for Genesee/Michigan Site Please be advised that the attached copy of the resolution passed by the Mercy Flight Board of Directors on November 2, 1994, will be released at a press conference at 10 AM, November 7, 1994, at EMS Plaza, 600 Delaware Avenue. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 107 MERCY FLIGHT Reply to Comments Made at Public Hearing I am writing in response to Mr. Coppola's letter dated October 19, 1994, in which he requested that we file our comments and our recommendations with respect to item #168, the subject on which a public hearing was held on Monday, October 24, 1994. During the above referenced meeting the members received type written documents of Mercy Flight's testimony (see Appendix G Mercy Flight Rationale, Appendix H Mercy Flight Fact Sheet). In addition, we have prepared for review, written in response to testimony of other interested parties that took place at the public hearing. While it is difficult to reduce to writing the exact wording of the testimony that took place I feel it is important to respond as it is in the best interest of all concerned to inform not only the council members but the community at large with regard to Mercy Flight's position. I will attempt to summarize as briefly as possible the comments in response to the testimony of each individual. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 108 NYS DEC Publication Process Changes for SEQR The New York State Department of Environmental Conservation (DEC) has awarded a contract to Environmental Business Publications to publish the Environmental Notice Bulletin (ENB). The contract will take effect on November 9, 1994. The fact that the ENB will be published by a private firm does not in any way change the obligations of local government agencies to file with DEC notices as required under section 6 NYCRR 617.10 of the State Environmental Quality Review (SEQR) regulations. However, it will result in some minor changes in the way notices are prepared and how they are provided for publication. Notices for publication in the ENB must: * use the attached form provided by Environmental Business Publications; * be sent directly to Environmental Business Publications, 6 Seville Drive, Clifton Park, New York 12065, FAX: (518)371-7419; and * be received by close of business Wednesday for publication in the next Wednesdays edition of the ENB. Notices sent by fax or E-mail will be received until midnight on Wednesday (for example the deadline for the November 16, 1994 issue of the ENB is close of business on November 9, 1994). Several new features will be added to the publication along with more timely distribution of the ENB. These include a calendar of events, a section of classified advertisements and display advertisements. If you have any questions regarding the publication of a notice, your current subscription or if you would like to obtain a subscription to the ENB please contact Ms. Loraine Hoffman, Environmental Business Publications at (518) 383-1471. If you have any questions regarding the change in publishers please contact Mr. Charles Lockrow at (518) 457-0782. Please circulate this notice to your legislative board, planning board, zoning board of appeals, supervisor/mayor, attorney and their boards, commissions or authorities in Your municipality. Thank so for Your cooperation. REFERRED TO THE CITY PLANNING BOARD AND THE ENVIRONMENTAL MANAGEMENT COMMISSION. No. 109 NYSDEC Consulting Engineers For Outer Harbor RI/FS The New York State Department of Environmental Conservation (NYSDEC), in partnership with the New York State Department of Health (NYSDOH) is responsible foreseeing that hazardous waste sites across the state are investigated and, if necessary, remediated. NYSDEC has hired Dvirka and Bartilucci Consulting Engineers to conduct a Remedial Investigation/Feasibility Study (RI/FS) at the Buffalo Outer Harbor hazardous waste site, located on Fuhrmann Boulevard in the City of Buffalo. The Buffalo Outer Harbor site is listed on the NYS Registry of Inactive Hazardous Waste Disposal Sites as the Niagara Frontier Transit Authority Port Site; Site #915026. The site is characterized as containing hazardous levels of lead in excess of regulatory limits. The purpose of the RI/FS process is to determine the type(s), location(s), and extent of contamination at the site, to determine the potential risk to human health and the environment, and to identify, evaluate, and recommend a cost-effective, environmentally sound, long-term remedy. The first component of the site investigation began in August 1994, and involved test pit excavation and sampling; surface and subsurface soil sampling; groundwater, surface water, and sediment sampling; and air monitoring. The purpose of this first component of field work is to initially determine the type(s) and location(s) of contamination, and to begin to define ways contaminants might leave the site, as well as to help determine the type and location of any additional sampling which may be needed as the investigation progresses. A copy of the document entitled "Remedial Investigation and Feasibility Work Plan for the Buffalo Outer Harbor Site" is available for public review NYSDEC's Region 9 Office. This document details the rationale for the design of the field work, including selection of sampling locations, sampling procedures used, procedures used to assure technical quality of samples and analytical data, safety procedures followed to protect worker health, and the approach to performance of an assessment of risk to human health and the environment, as well as selection of a plan to clean up the site. The Buffalo Outer Harbor site is a 113 acre parcel located in the City of Buffalo (Erie County), off Furhmann Boulevard. The site is currently owned by the Niagara Frontier Transit Authority (NFTA), and the majority of the site is vacant. The Allen Boat Company is located near the center of the site and operates a marina adjacent to the Bell Slip. Both the eastern and southern boundaries of the site are fenced. The area surrounding the site is primarily industrial. Immediately north of the site is the Pier Restaurant, and immediately south are the NFTA Port Terminals A and B. The majority of the site was created as a result of land reclamation and filling activities during the past 100 years. Land filling activities began in 1874, when a sand catch pier was built south of the present Bell Slip. The Michigan Avenue Pier, located north of the site, was constructed in 1926-27. The pier located on the southern portion of the site, where Port Terminal A is now located, was constructed in 1931. The remaining portions of the site were filled over the 100 year period by various methods. FOR MORE INFORMATION: NYSDEC holds public meetings periodically throughout the remedial process, to update citizens on the status of a particular project, to learn the needs of the community, and how we can best meet those needs. Currently, we plan to hold a public meeting when the Remedial Investigation is complete. However, if you think you would benefit from a public meeting about the Buffalo Outer Harbor site now, please fill out the blue post card enclosed with this mailing and return to us by December 2, 1994. If there is sufficient public interest at this time, a meeting will be scheduled and you will be notified. Public understanding and involvement are crucial to the success of New York's hazardous waste remedial program. Your participation in the remedial program is essential to public understanding of the plans and activities at the Buffalo Outer Harbor site, and to ensure the needs of your community are met. If you need more information, please contact: NYSDF Contact NYSDEC- Region 9 Contact NYSDOH Contact Gary Kline, P.E. David Locey Cameron O'Connor Project Manger Project Engineer Env. Research Specialist NYSDEC NYSDEC - Region 9 NYSDOH 50 Wolf Road 270 Michigan Ave 584 Delaware Ave Albany, 12233-7010 Buffalo,14203-2999 Buffalo, 14202 (518) 457-5636 (716) 851-7220 (716) 847-4502 In addition, NYSDEC has a toll free number available. If you have questions, concerns or require information about the Buffalo Outer Harbor Site. The number is 1-800-342-9296 leave message and number). REFERRED TO THE CITY PLANNING BOARD AND THE ENVIRONMENTAL MANAGEMENT COMMISSION. No. 110 NYS OFFICE OF GENERAL SERVICES Lease of Delavan Armory As you may recollect, the State has attempted on several occasions to sell or lease the Delavan Avenue Armory to the City of Buffalo for a public works garage. Most recently, we wanted to enter into a lease agreement for this same purpose. However, after discussions with you in Buffalo several months ago, we recognized that the City was looking at the utilization of this armory only for a short time (April of 1995) and thereafter would likely vacate so that it might be sold to another entity. In that regard, I would ask that you have Canisius College, call us directly so that we might enter into an agreement with them to purchase the facility at the time the City vacates and, in the meantime, we would consider a short-term lease by them for their track team, I may, of course, be contacted at (518) 474-4944 if you or Canisius have any questions. REFERRED TO THE COMMITTEE ON FINANCE. No. 111 NIAGARA MOHAWK Reply To Request For Rate Reduction This letter is our response to Council Resolution #176 seeking a rate reduction for electrical service from Niagara Mohawk for City of Buffalo accounts. The resolution was mailed to William Davis, Chairman and Chief Executive Officer of the company at corporate headquarters. Mr. Davis has asked that this matter be handled through the regional offices here in Buffalo by staff who deal with City of Buffalo accounts on a day-to-day basis. By way of background, allow me to make several points in regards to service to the City of Buffalo and the various agencies referenced in the resolution. First, we are compelled by regulation to treat many of the accounts listed in the resolution as separate entities since they often are operationally independent of city government. The Board of Education, the municipal Housing Authority and the Buffalo Sewer Authority are cases in point. Practically, however, we recognize that electrical service represents a significant outlay for the City and the various agencies, and we place a high value on our relationship with these various "customers." As a result, we have worked with various agencies to help the City manage its energy usage and thus control its costs for electrical service. Some recent examples include the $1.4 million in incentives from Niagara Mohawk received by the City as part of the Power Partners program for installing new energy efficient products in more than 70 locations. The project is expected to save the City about $427,000 in energy usage annually. The Municipal Housing Authority also participated in our programs, receiving more than $40,000 in rebates and saving thousands on future energy bills. Niagara Mohawk has actively pursued a program of upgrading the quality of street light fixtures that are more efficient, saving the City hundreds of thousands of dollars thus far. Discussions have been held with officials from the Buffalo Sewer Authority about a possible competitive rate based on anticipated load growth or alternate supply options, but to date no response from the Authority has been received by us. Second, bills for electrical service for the City, and all Niagara Mohawk customers within the City, are higher than other areas because of the City-imposed gross receipts tax (GRT) of three percent. City accounts are not exempt from paying the GRT, and in Buffalo that tax is three times higher than any other municipality within the Niagara Mohawk service territory. This, of course, is in addition to the state's GRT of more than four percent. Finally, municipal accounts are treated no differently than all non-residential accounts by Niagara Mohawk. This means that various accounts are billed within different rate structures depending on type of service requested and usage. Our tariffs simply do not allow us to arbitrarily discount prices based on volume, however. Again, we recognize that the City of Buffalo and its agencies are significant customers of Niagara Mohawk, and our interest is to work with the customer to provide the best quality service possible. Our industry is in a state of transition and uncertainty never before experience by electric Utilities that is constantly changing the way we do business with all our customers. In that light, I would offer to the City the opportunity to meet with us to discuss these industry changes, review the various City and agency accounts, and examine options that may be available to help the City of Buffalo make the best possible use of its energy dollar. Please contact me directly at 857-4019 to arrange such a meeting at your earliest convenience. Thank you. REFERRED TO THE COMMITTEE ON FINANCE. No. 112 CARL PERLA, JR. Potential Conflict Of Interest As you requested, I've researched the issue of what action you should take with respect to potential conflict of interest situations which may arise in connection with local rental housing regulations. I refer your attention to the Code of Ethics located a Chapter 12 of the City of Buffalo Code, particularly, Section 12 8 entitled "Disclosure of interest by Council member; abstention from action." A copy thereof is attached hereto for your review. If you would like to discuss this matter further, please feel free to contact me at ext. 4312. RECEIVED AND FILED. No. 113 JAMES THOMAS Request Reinstatement to Buffalo Fire Department My name is James Thomas Jr. In March of 1979 I vas appointed a firefighters position with the City of Buffalo. I worked in that position as firefighter until October of 1990, because of a very personal situation I moved to Charlotte N.C. I had approached then, Deputy Commissioner James Bulger for a leave of absence so that this situation in N.C. could be addressed. Deputy Bulger denied me this request. When I asked him why, he said because you just can't, if you have to leave you have to resign. I did, I did not want to just leave and be A.W.O.L. and be fired. Time was upon me and I did not go to the union. After I moved to N.C. and returned to Buffalo on a visit in 1991, 1 went back to see Deputy Bulger and again asked him why he denied me the leave, he said James you did not ask for one. In 1992 I completely moved back to Buffalo. With the mayoral election and a new mayor and change in administration I asked the new Deputy of Personnel, Deputy Cala for a letter of recommendation to take to Civil Service to seek reinstatement. He said he could not do that. A copy of the letter to Deputy Cala is attached. I have taken the recently given Firefighters exam and passed it. City Council I need your help in this matter. Thanking you in advanced for your help in this matter. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE CIVIL SERVICE COMMISSION, THE DEPARTMENT OF FIRE AND THE CORPORATION COUNSEL. No. 114 WESTERN NEW YORK ALARM ASSOCIATION Oppose Alarm License Law As president of the Western New York Alarm Association I want to go on record opposed to any legislation using 900 telephone numbers as part of a false alarm ordinance. In the past we worked closely with your members on registration of alarm companies as well as a $10.00 registration fee for monitored alarms. We will work with your committee on a false alarm ordinance, but will not accept any part with reference to 900 numbers. Please keep this dialogue open between our groups. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. PETITIONS No. 115 Transport Services, owner, petition to use 60 Van Rensselaer for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 116 Louise Mertz & Others, request reinstallation of traffic signal Broadway & Mohr. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS. REGULAR COMMITTEES CIVIL SERVICE HON. ROSEMARIE LOTEMPIO CHAIRMAN No. 117 Salary Ordinance Amendment - Substance Abuse Services (Item # 219 CCP October 4, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 118 Appointment Training Officer (Max) (Sts) (Item # 81 CCP September 6, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 119 Withdraw Appointment of Training Officer (Sts) (Item # 61 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 120 Information - Appointment of Training Officer (Sts) (Item # 65 CCP October 4, 1994) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 121 Information - Appointment of Training Officer (CSC) (Item # 79 (CCP October 4, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 122 Withdraw Appointment of Tractor Trailer operator (Sts) (Item # 62 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 123 Appointment Junior Data Control Clerk That Communication No. 19 November 1, 1994 be received and filed and the temporary appointment of Denise A. Gillig stated above at the intermediate salary $21,215.00 effective on October 18, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 124 Appointment Building Inspector That Communication No. 65 November 1, 1994 be received and filed and the temporary appointment of Gene M. Fronczak stated above at the maximum salary $36,305.00 effective on October 20, 1994 is hereby approved. PASSED. AYES- 13 NOES- 0. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 125 Agreement for Reconstruction of Broadway (Item No. 28, C.C.P., Nov. 1, 1994) That the Mayor be, and he hereby is, authorized to enter into an agreement with the New York State Department of Transportation for the reconstruction of Broadway from Bailey to Harlem, City of Buffalo/Town of Cheektowaga P.I.N. 5012.14.122. PASSED. AYES- 13 NOES- 0. No. 126 Municipal Recycling Grants Program (Sts) (Item # 53 CCP October 18, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 127 Grant to Purchase Packers (CD) (Item # 58 CCP October 18, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 128 Fully Executed Drug Interdict Contract (Pol) (Item # 50 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 129 Rate Restructure Study - Alt. #4 & 7 (Item No. 35, C.C.P., Sept. 20, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Pitts moved: That the Common Council accepts the recommendation of Alternate 04 by the Water Board as offered by Black & Veatch Engineering in relation to their rate restructuring study of the Buffalo Water Board. PASSED. AYES- ARTHUR, BELL, COLLINS, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS- 11. NOES- COPPOLA, ZUCHLEWSKI- 2. No. 130 Rate Restructure Study Alternatives (Item No. 41, C.C.P., Oct. 4, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved: That the above item be and the same is received and filed. ADOPTED. No. 131 Water Rate Restructuring Study (Item No. 38, C.C.P., Nov. 1, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved: That the above item be and the same is received and filed. ADOPTED. No. 132 Payments in Lieu - Spec. Changes - Pilot Field/Aud. (A&F) (Item # 66 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 133 Results of Negotiations - 38 Lemon (Item No. 18, C.C.P., Nov. 1, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved: That the offer of Ms. Carol Schweickert and Frank J. Silvers, in the sum of $750.00 (Seven Hundred and Fifty Dollars) to purchase the property described as 38 Lemon, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon with the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser. PASSED. AYES- 13 NOES- 0. No. 134 COGIC - purchase 1256 Jefferson (Compt) (Item # 115 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 135 Hire Consultant - Various Construction Projects (Item No. 29, C.C.P., Nov. 1, 1994) That the Commissioner of Public Works be, and he hereby is authorized to enter into an agreement with a Consulting Engineer to perform the necessary survey, design, and inspection work required for various Public Works construction projects, an amount not to exceed $150,000.00, with said cost to be charged to Bond Funds 200-401-021. PASSED. AYES- ARTHUR, BELL, COLLINS, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- COPPOLA, LOTEMPIO- 2. No. 136 Report of Bids - Riverside Ice Rink Concession (Item No. 48, C.C.P., Nov. 1, 1994) That the Commissioner of Parks be, and he hereby is, authorized to award a contract for Riverside Ice Rink Concession, to Mr. William Shylo, in the amount of $2,504.00. PASSED. AYES- 13 NOES- 0. No. 137 Explanation of Riverside Concession Bids (Pks) (Item 9 49 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 138 N. Miloff - Protect Riverside Concession Bid Award (Item # 82 CCP October 18, 1994) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 139 Change in Contract Construction of New 8 Inch Watermain (Item No. 32, C.C.P., November 1, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #3 to Visone Construction in the amount of $18,834.80 for construction of new 8 inch watermain in Gibson Street, City Contract No. 91742300, with said cost to be credited to the Division of Water's 416-Capital Project Fund, 982-004-00-000 account. PASSED. AYES- 13 NOES- 0. No. 140 Change Contract - Scarifying Pavements 1994-95 (Item No. 36, C.C.P., Nov. 1, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1 to Highway Rehabilitation Corporation, at no cost for Heater/Scarifying of City Pavements 1994-95, Contract No. 91790800. PASSED. AYES- 13 NOES- 0. No. 141 Ordinance Amendment - Ch. 137 - Alarms Fines/Penalties (Item # 175 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 142 Emergency Demo Process (Fire) (Item # 48 CCP October 18, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 143 Emergency Demo Process (ICR) (Item # 56 CCP October 18, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 144 Emergency Demo Process (A&F) (Item # 60 CCP October 18, 1994) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 145 Process For Demolitions (PW) (Item # 37, CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 146 Re-evaluate Process For Demos (Item # 186 CCP October 4,1994) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 147 Consider Demos By City Departments (Item # 217 CCP October 4, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 148 Demolitions By City (Sts) (Item # 54 CCP October 18, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 Report On Demo Cost Recovery (Compt) (Item # 15 CCP October 18, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 150 Animal Shelter Deposits (Sts) (Item # 60 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 151 Set Hrg. - World Games Defaults (Item # 181 CCP June 28, 1994) That the above mentioned Item be and the sane is hereby received and filed. ADOPTED. No. 152 Greater Buffalo Partnership - World Games Defaults (Item # 132 CCP July 26, 1994) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 153 A.V.S. - 194 Festival Financial Report (Item # 81 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 154 Inability To Attend Committee Meeting (Compt) (Item # 16 CCP October 18, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 155 Reply - Liquor License Referral - 45 Chippewa (Assmt) (Item # 22 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 156 Reply - Liquor License Referral - 45 Chippewa (PW) (Item # 44 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 157 Daisy Newkirk, Petition to Repair at 406 E. Ferry Street (Item No. 100, C.C.P., Nov. 1, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved: That after a public hearing before the Committee on Legislation on November 9, 1994, the petition of Daisy Newkirk, owner, for permission to install vinyl siding at 406 East Ferry Street be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 158 South Park United Church, Petition To Use 519 McKinley Parkway (Item No. 101, C.C.P., Nov. 1, 1994) That after a public hearing before the Committee on Legislation on November 9, 1994, the petition of South Park United Church, owner, for permission to use 519 McKinley Parkway for a pole sign be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 159 Gelinmac, Petition to Use 20 Buffalo River (Item No. 94, C.C.P., Apr. 19, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. Lockwood now moved to recommit to the Committee on Legislation. ADOPTED. No. 160 NYS Department of Environmental Conservation Special Operation Conditions - Gelinmac Storage Corp. (Item No. 76, C.C.P., Sept. 20, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. Lockwood now moved to recommit to the Committee on Legislation. ADOPTED. No. 161 NYSDEC - Lead Agency Designation Gelinmac Storage Corporation (Item No. 11, C.C.P., Nov. 1, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. Lockwood now moved to recommit to the Committee on Legislation. ADOPTED. No. 162 Encroach Awning - 1103 Genesee Street (Item No. 42, C.C.P., Nov. 1, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to issue a "mere license" to Mrs. Lois Alexander, owner of Lincoln Child Day Care Center, located at 1103 Genesee Street, to install an awning which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. PASSED. AYES- 13 NOES- 0. No. 163 Ordinance Amendment Ch. 242 - Inspection Enforcement (Item # 180 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 164 Ordinance Amendment - Ch. 399 - Smoking (Item # 184 CCP October 4, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 165 Ban Smoking - City Hall/City Bldgs. (Item # 161 CCP October 4, 1994) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 166 Ordinance Amendment - Chapter 264 Licensing of Rental Housing Business (Item No. 197, C.C.P., June 28, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Franczyk now moved to recommit to the Committee on Legislation. ADOPTED. No. 167 Application/Inspection Fees - Multiple Dwellings (Item # 202 CCP September 20, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 168 Application/Fees Multiple Dwellings (ICR) (Item # 64 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 169 J. VanDeWater - Favor Landlord License Law (Item # 98 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 170 Request Ordinance - Water Cross Connection (PW) (Item # 141 CCP October 18, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 171 Bflo. Backflow - Insp. - Backflow Devices (Item # 142 CCP October 18, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 172 Work Involve. Backflow Prevent. Devices (PW) (Item # 43 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 173 BBS - Insp. of Backflow Devices (Item # 85 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 174 M. Pelligrino - Change Fargo to One-Way Operation (Item # 102 CCP November 1, 1994) That the above mentioned item be and the same is hereby received and filed. Mr. Coppola now moved: That this Common Council request the Commissioner of Public Works to consider changing Fargo to a One-way operation. ADOPTED. No. 175 Parking Behind Shea's (Pol) (Item # 51 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 176 Shea's Comm. Rel. Cmte. - Pkg. Behind Theater (Item # 93 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 177 Shea's- Parking Behind Theater (Item # 94 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 178 Bristol Homes - Object To Fees (Item # 111 CCP October 18, 1994) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 179 Clarify NFTA position on Tona. Extension (Item # 180 CCP October 18, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 180 ECMC Mercy Flight Proposal (Item No. 168, C.C.P., Oct. 18, 1994) That this Common Council directs that no permits be issued to the Mercy Flight for any other location in the City of Buffalo until after the completion of the public hearing and the results are studied by this Honorable Body; and That invitations be sent to the Chief Executive Officer of the Erie County Medical Center, the Board of Directors of Mercy Flight, Inc. and any other interested parties. ADOPTED. No. 181 Conrail Property Maintenance & Security (Item # 184 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 182 Appt. Mbrs. Bd. of Parking (Item # 8 CCP July 26, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 183 Appointment of Member - Board of Appeals (Item No.2, C.C.P., Oct. 18, 1994) That the appointment of Luis E. Irene, 106 Fargo Avenue, Buffalo, 14201 to the Board of Appeals, effective September 26, 1994 for a term expiring March 11, 1997, be and hereby is confirmed. ADOPTED. No. 184 Appt. Mbrs. Bd. Mem. Stadium (Item # 1 CCP October 4, 1994) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 185 Appointments & Reappointment of Members Buffalo Preservation Board (Item No. 2, C.C.P., Nov. 1, 1994) That the reappointment of member of the Buffalo Preservation Board of Jayne K. Rand, 6 Arlington Park, Buffalo, 14201 for a term expiring August 31, 1997, appointment of Gwen A. Howard, 9 Malta Place, Buffalo, 14201 for a term expiring August 31, 1995, appointment of David T. Stieglitz, 372 Prospect Avenue, Buffalo, 14201 for a term expiring August 31, 1995, be and hereby are confirmed. ADOPTED. No. 186 Appointment of Members - Board of Parking (Item No. 5, C.C.P., Nov. 1, 1994) That the appointments of members to the Board of Parking of Gerald Caffiero, 426 Parker Avenue, Buffalo, 14216 for a term effective immediately and to expire March 31, 2001, of R. Maura Cohen, 167 Windsor Avenue, Buffalo, 14209 for a term effective immediately and to expire March 31, 2000, of Richard T. Reinhard, 8 Harbour Pointe, Buffalo, 14202 for a term effective immediately and to expire March 31, 1999 be, and hereby are confirmed. ADOPTED. ECONOMIC DEVELOPMENT COMMITTEE HON. CARL A. PERLA JR. CHAIRMAN No. 187 LDA - Parcels 17D & 18A and a portion of 20F Oak St. Redevelopment - N.Y.S. Dormitory Authority (CD) (Item No. 58, C.C.P., November 1, 1994) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Pitts, Seconded by Mr. Bell the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances- John Hannon, Division of Real Estate Mary Ann DeMarco-Community Development Gail Johnstone-Roswell Park Inst. Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Coppola. CARRIED. Mr. Pitts now moved: Whereas, the Buffalo Urban Renewal Agency has duly designated The Dormitory Authority of The State of New York and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law"; and Whereas, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and Now, Therefore, Be It Resolved: 1. That The Dormitory Authority of the State of New York and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for Parcel 17D, 18A and a portion of 20F in the Oak Street Redevelopment Project - NYR-197. 2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to The Dormitory Authority of the State of New York and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES- 13 NOES- 0. No. 188 Tax Exempt Properties and P.I.L.O.T. Agreements (Item No. 193, C.C.P., June 14, 1994) That this Common Council request the Masiello Administration and the Buffalo Urban Renewal Agency to establish a joint policy with this body that before any further property in the City of Buffalo is turned over to a not-for-profit agency with the assistance of the City of Buffalo, Buffalo Urban Renewal Agency or other city agencies, that a Payment In Lieu of Taxes agreement be established before any property or project approval transactions are completed. ADOPTED. No. 189 Cap. Impr. Prog. - Peace Bridge Plaza (Item # 6 CCP October 18, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 190 Peace Bridge Roadway System (PW) (Item # 36 CCP May 3, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 191 Peace Bridge Auth. - Update on Plaza Plans (Item # 96 CCP July 12, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 192 Peace Bridge Auth. - Cap. Prog. Plaza/Road System (Item # 140 CCP July 26, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. URBAN RENEWAL AGENCY COMMITTEE HON. CLIFFORD BELL CHAIRMAN No. 193 NYS Dorm. Auth. - convey prtn. Carlton ROW (Item # 89 CCP March 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 194 Convey Prtn. ROW to Roswell (PW) (Item # 41 CCP March 22, 1994) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 195 Abandon Portion North Oak Street (Item No. 25, C.C.P., Mar. 8, 1994) (Item No. 181, C.C.P., July 12, 1994) That the Comptroller be, and he hereby is, authorized in accordance with Sections 513 and 514 of the City Charter, to approved the Abandonment and Sale of the portion of North Oak Street lying south of Carlton Street (approximately 41 feet by 68 feet) to John Pappano of Phillips, Lytle, et al., Attorney, representing the New York Dormitory Authority, the coordinator for the Roswell Project. PASSED. AYES- 13 NOES- 0. No. 196 Opinion - Abandon prtn. N. Oak (CC) (Item # 56 CCP March 22, 1994) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 197 Abandon Portion of Washington and Illinois Streets for Crossroads Arena (Item No. 42, C.C.P., Sept. 6, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Bell now moved: That the above item be and the same is received and filed. ADOPTED. No. 198 Abandon Portion of Washington and Illinois Streets for Crossroads Arena (Item No. 37, C.C.P., Oct. 18, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Bell now moved: That the Comptroller be, and he hereby is authorized to close and abandon following subject properties with the conditions as stated in Item No. 37, C.C.P., October 18, 1994: 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. PASSED. AYES- 13 NOES- 0. No. 199 Lebis Enter. - Compl. On Crossroad Bid Process (Item # 70 CCP June 14, 1994) That the above mentioned Item be and the sane is hereby received and filed. ADOPTED. No. 200 King Life Ctr. - Req. Funds El Museo Gallery (Item # 134 CCP July 26, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 201 Promote the City of Buffalo (Item # 145 CCP September 6, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 202 By: Mr. Arthur Request Board Of Education to Rescind Administrative Raises Whereas: On Monday November 7th, Mayor Masiello, citing the budget office's first quarter 1994-95 fiscal year report, briefed members of this Common Council on the severity of a projected deficit for the City of Buffalo in this current fiscal year; and Whereas: Mayor Masiello estimated that the City will end the year with a nearly $5.4 million deficit if spending continues at current levels, and cautioned Councilmembers that the deficit would reach $17. 7 million in fiscal year 1995-96: and Whereas: Mayor Masiello warned that even with these drastic measures, the City may be forced to close the budget gap through layoffs of up to 122 city workers; and Whereas: Every city department, city union, and city worker will be affected by the proposed cost cutting measures except for the Board of Education which has recently approved a 27.2% two-year pay raise for teachers (and is still pursuing a 31% increase in salaries for the past 4 years) and has just approved a 14% increase for administrative positions; and Whereas: In light of the fiscal plight of the City of Buffalo, the Board of Education should do its part to alleviate the budget deficits facing the city in the current and next fiscal years; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo request the Board of Education to rescind the 14% increase for administrative positions in order to assist the city in solving its fiscal crisis. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 203 By: Mr. Bell Ordinance Amendment Chapter 175 Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Section 175-1 of Chapter 175 of the Code of the City of Buffalo be amended to read as follows: Chapter 463, Transient Businesses; Trade Shows and Festivals; Christmas Trees 463-7, trade show permit $26.25 463-8, Christmas tree sales or storage permit $75.00 APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets ( ) to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 204 By: Mr. Bell Ordinance Amendment Chapter 463 Article III Sale Of Christmas Trees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 463 of the Code of the City of Buffalo entitled TRANSIENT BUSINESSES; TRADE SHOWS AND FESTIVALS be amended to read as follows: TRANSIENT BUSINESSES; TRADE SHOWS AND FESTIVALS; CHRISTMAS TREES That Chapter 463 of the Code of the City of Buffalo be amended by adding a new Article III to read as follows: ARTICLE III Christmas Trees 463-8., Effect of other provisions; permits; removal of debris. A. The provisions of Articles I and II of this chapter shall not apply to any person, firm, organization or corporation selling evergreen trees commonly known as "Christmas trees" or storing Christmas trees intended for sale, B. No person, firm, organization or corporation shall sell or store for sale any Christmas trees without first procuring a permit to do so. C. Application shall be made in writing to the Director of Licenses upon forms provided for that -purpose, Applicants shall state the maximum number of trees proposed to be stored at any one time and the location, The applicant shall -provide proof of ownership of the premises or, where the premises are not owned by the applicant, the application shall be accompanied by a copy of the lease covering said -premises, and a consent in writing to the use of said Premises for such purposes. The applicant must show that the premises are located in an area zoned as a CM General Commercial District, D. Each applicant shall pay a fee for the permit as provided in Chapter 175, Fees, In addition, thereto, each applicant shall make a cash deposit of five hundred dollars ($500) to ensure the removal of any trees, rubbish or debris left on the premises, E. The applicant and/or owner of the Premises upon which Christmas trees are stored for sale shall remove all Christmas trees and other rubbish and debris created by or from placing, storing and sale of said trees from said premises within a period of six (6) days immediately following Christmas pay of the year in which said trees are so stored for sale; and in the event the applicant or owner of said premises shall fail to remove from said premises any Christmas trees, rubbish, and debris within said period of time, the Christmas trees remaining on the premises shall be deemed abandoned, and in that event, the Commissioner of Street Sanitation is hereby authorized to enter upon said premises and remove all Christmas trees, rubbish and debris and to dispose of same, and there shall be no liability on the part of the City of Buffalo to any person, firm or corporation on account of such entry and removal of Christmas trees, rubbish and debris, The costs of the removal of said Christmas trees, rubbish and debris shall be a charge against the applicant and will be deducted from the cash deposit made by the applicant, Any costs to the City above and beyond the amount of the cash deposit will be the responsibility of the applicant, F. The cash deposit made by the applicant shall be refunded, less any charges, upon certification by the Commissioner of Street Sanitation that all Christmas trees have been removed from the premises and that the premises have been satisfactorily cleaned up. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets ( ) to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 205 By. Mr. Collins Transfer of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $4,700 be and the same is hereby transferred from the Reserve for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $4,700 To: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $4,700 From: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $4,700 To: 200 Capital Projects 40-2 - Division of Buildings 031 - Shea's Buffalo Marquee & Grand Window Restoration $4,700 PASSED. AYES- 13 NOES- 0. No. 206 By: Mr. Collins Bond Resolution $200,000 Bonds Handicapped Ramps Construction Account 200-401-025 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $200,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of various highways to provide handicapped access at various intersections in the City, at the estimated total cost of $200,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of $200,000, pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of various highways, including conversion of existing curb and sidewalk radius for wheelchair access at various intersections in the City. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $200,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1994-95, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Handicapped Access, 1994-95", Bond Authorization Account No. 200-401-025, and shall be used for the class of objects or purposes specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $200,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated:. (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a 20 (c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: November 15, 1994 LAID ON THE TABLE. No. 207 By: Mr. Collins Bond Resolution $250,000 Bonds City-Wide Playground Rehabilitation Program Account 200-717-019 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $250,000 General Improvement Bonds of said City to finance the cost of recreational area improvements at various City-owned play areas at the estimated maximum cost of $250,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of $250,000, pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of recreational area improvements, including elimination of unsafe conditions, at various City-owned play areas. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1994-95, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "Rehabilitation of City Wide Playgrounds, 1994-95, Authorization Account No. 200-717-019, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $250,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 19 (c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: November 15, 1994 LAID ON THE TABLE. No. 208 By: Mr. Collins Appointment of Randi Washington Be It Resolved: That Randi Washington be appointed as Legislative Aide effective Monday, November 14, 1994. ADOPTED. No. 209 By: Mr. Collins Buffalo Police Reorganization Whereas: The City of Buffalo is encouraged in reorganizing the Police Department; and Whereas: Several locations have been identified which combines various precincts; and Whereas: There is a need to locate a precinct in the vicinity of Precinct #12 and #6; and Whereas: These locations are designed to reduce operations and maintenance costs, as well as improve service delivery capacity; and Now, Therefore, Be It Resolved: That this Common Council designates East Ferry and Fillmore (former GE building) as the preferred site for these two precincts; and Be It Further Resolved: That the Administration be requested to initiate appropriate planning and financing for this site at its earliest convenience. REFERRED TO THE POLICE REORGANIZATION TASK FORCE, THE POLICE DEPARTMENT, THE DEPARTMENT OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 210 By: Mr. Collins Close Canton Place to Vehicular Traffic Between Dewey Avenue and Leroy Avenue Whereas: Canton Place between Dewey Avenue and Leroy Avenue poses great danger to area residents and their children; and Whereas: The street runs adjacent to Conrail property and is continuously used for illegal dumping, creating hazardous conditions in this neighborhood; and Whereas: The protective fence that was installed to keep children away from the railroad tracks has been knocked down and is in serious disrepair, compounding the danger to the neighborhood; and Whereas: Permanently closing Canton Place to vehicular traffic between Dewey Avenue and Leroy Avenue will alleviate illegal dumping and other hazardous conditions in the area; and Whereas: Likewise, installing barriers on Canton Place at Leroy Avenue, Dewey Avenue, and East Oakwood Place may deter children from venturing too close to the Conrail property and railroad tracks; Now, Therefore, Be It Resolved: That the Common Council direct the Commissioner of the Department of Public Works to: a. close Canton Place to vehicular traffic between Dewey Avenue and Leroy Avenue b. install barriers on Canton Place at Dewey Avenue, Leroy Avenue, and East Oakwood Place, and c. erect a fence separating Canton Place from the Conrail property and railroad tracks. ADOPTED. No. 211 By: Mr. Coppola Ordinance Amendment - Chapter 413 Article VI Section 41 Streets and Sidewalks Vehicle Size and Weight Limits Whereas, there has been some confusion in the private sector regarding the requirement for a city permit for overweight and oversize vehicles travelling over certain city streets when such streets are specifically exempted under the Vehicle and Traffic Law from the general prohibition of such vehicles within New York cities, and Whereas, it is now and has been the intent of the city to require permits for such overweight or oversize vehicles to use city streets, and Whereas, reference in Code Section 413-41 to Section 385 of the Vehicle and Traffic Law is and has been only for the purpose of delineating the exact size and weight limitations beyond which permit requirements must apply, and Whereas, the change in Buffalo Code Section 413-41(A) reflects no change whatsoever in the intent of the law, but merely represents a clarification of existing law, The Common Council of the City of Buffalo does hereby ordain as follows: That Article VI Chapter 413 Section 41 (A) be amended to read as follows: Section 413-41. Operation of vehicles exceeding size or weight limits. A. No person shall operate or drive or shall cause to be operated or driven upon and over any public street or roadway, bridge or viaduct in the city a motor vehicle or trailer or a combination of vehicles of a size or weight exceeding the size and weight limitations provided for in 385 subsections 1 through and including 15 of the Vehicle and Traffic Law of the State of New York. 385 of the Vehicle and Traffic Law of the State of New York is referred to here only for the purpose of describing such size and weight limitations. Vehicles exceeding such size, or weight limitations which are normally prohibited from being operated or driven over a public street or road but which are specifically exempted under 385 (16) from the requirements of 385 of the Vehicle and Traffic Law are subject to the Permit requirements as set out below. NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 212 By: Mr. Coppola Request an Ordinance Amendment to Chapter 175 Fees for Certificates of Occupancy for Application and Inspection Fees on Multiple Dwellings Whereas: The Department of Inspections and Community Revitalization conducts inspections of every unit within a multiple dwelling for a base fee of $75.00 and an incremental fees of $25.00 per unit over three units payable upon issuance of certificate of occupancy; and Whereas: Multiple dwellings such as the Baptist Manor which has 128 apartment units will be billed in excess of $3,000 every three years to obtain a certificate of occupancy based on this fee structure; and Whereas: Many multiple dwellings such as the Baptist Manor and the Bristol Homes are subsidized housing for senior citizens on fixed incomes. Many of these seniors will experience financial hardship due to the exorbitant fees for the certificate of occupancy inspections being passed on to them in the form of rent increases; and Whereas: Amending the fee structure for certificates of occupancy for multiple dwellings to a tiered fee system based on a number of units within a multiple dwelling would ease the financial burden. Now, Therefore Be It Resolved That: This Common Council requests the Corporation Counsel to amend Chapter 175 Fees for Certificate of Occupancy by eliminating the current fee structure and introducing the following tiered fee system for multiple dwellings, payable upon application for certificate of occupancy: All buildings consisting of 3 units - $25.00 All buildings consisting of 4-12 units - $50.00 All buildings over 12 units - $100.00. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 213 By: Mr. Coppola Request Update on Pilot Field Naming Rights Default Suit Whereas: On June, 29, 1986, the City of Buffalo and Pilot Air Freight Corporation signed an agreement allowing the city's new baseball stadium to be named Pilot Field; and Whereas: Under the Pilot Field Naming Rights Agreement, Pilot Air Freight Corporation must pay an annual fee of $51,000; and Whereas: Pilot Air Freight Corporation failed to discharge its contractual obligations and was notified of the default by Corporation Counsel by letter dated January 23, 1991; and Whereas: Since that time this matter has been in litigation and according to the most recent Pilot Field audit, the city was not paid $51,000 for the naming rights; and Whereas: According to that same audit, the city lost $158,226 in operating and maintenance of Pilot Field for the fiscal year April 1, 1993 to March 31, 1994; and Whereas: The city cannot afford not to receive this revenue, and there may be great interest in bidding for the naming rights due to the possibility of Buffalo becoming involved with a new baseball league. Now Therefore Be It Resolved That This Common Council requests an update from Corporation Counsel on the Pilot Field Naming Rights Default suit; and Be It Further Resolved That This Common Council recognizes that the city cannot afford not to have the revenue generated by the naming rights and requests that the director of the Stadium and Memorial Auditorium appear before this body at the next Finance Committee meeting to discuss Pilot Field's operating and Maintenance Budget. REFERRED TO THE COMMITTEE ON FINANCE, THE BOARD OF STADIUM AND MEMORIAL AUDITORIUM AND THE CORPORATION COUNSEL. No. 214 By: Mr. Fahey Scrutiny of In-Rem Purchasers Whereas: After last year's In-Rem sale, Resolution 148, C.C.P. 11/16/93, "Ordinance Amendment to Require More Thorough Scrutiny of In-Rem Property Purchasers" was filed in response to the fact that an individual who owed back taxes on other properties and was notorious for being one of Buffalo's major slumlords purchased several properties at the auction; and Whereas: After several Legislation Committee meetings wherein Councilmembers and representatives of other city departments articulated the validity of having such a law, the Council adopted the measure via No. 161 C.C.P. January 25, 1994 with a motion "that the Common Council request the Corporation Counsel, in conjunction with the Department of Assessment, the Comptroller's Office, the Treasurer, and the Department of Inspections and Community Revitalization, to draft an ordinance amendment that would: a. Establish a more thorough review process for In-Rem purchases b. Require a stricter investigation of persons interested in purchasing city-owned property at In-Rem auctions c. Prohibit transfer of In-Rem property to any individual or agency owing back taxes, or having a history of housing code violations on other properties they own.;" and Whereas: This year's In-Rem sale was conducted on October 24, 1994 at the Buffalo Convention Center, and Robert Palano, the individual cited in last year's request to reform the InRem auction process, purchased three more properties; and Whereas: Despite the fact that the appropriate ordinance was never prepared, the city has the right to refuse transfer of title for In-Rem properties; Whereas: In addition, city residents have complained that some properties purchased at In-Rem sales have been acquired for criminal activities such as drug dealing; and Whereas: Establishing a more thorough review process for In-Rem purchases and conducting a criminal investigation of persons interested in purchasing city-owned property at In-Rem auctions may deter acquisition of such properties for criminal activity; Now, Therefore, Be It Resolved: That the Commissioner of Assessment, in conformance with the consensus of this Common Council and various city departments, rescind any sale from this years In-Rem auction where the purchaser is known to owe back taxes or who has a history of housing code violations at other properties; and Be it Further Resolved: That the Common Council reaffirm its request that the Corporation Counsel, in conjunction with the Department of Assessment, the Comptroller's Office, the Treasurer, and the Department of Inspections and Community Revitalization, draft an ordinance amendment that would: a. Establish a more thorough review process for In-Rem purchases b. Require a stricter investigation of persons interested in purchasing city-owned property at In-Rem auctions c. Prohibit transfer of In-Rem property to any individual or agency owing back taxes, or having a history of housing code violations on other properties they own. Be It Finally Resolved: That the review process for In-Rem purchases and the investigation of individuals interested in purchasing In-Rem properties include a criminal examination of each individual in order to prevent transfer of city-owned properties for illegal use. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE DEPARTMENT OF ASSESSMENT, THE DEPARTMENT OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL. No. 215 By: Mr. Franczyk Welcome and Kudos to CKEY, "The Planet" Whereas: In June of 1992 this Common Council adopted a resolution calling for the creation of a committee to "grade radio stations on their commitment to local music and to make recommendations to the Common Council for awards to local stations which take positive steps to promote local music"; and Whereas: This Council subsequently appointed the Radio Access Committee The State of Buffalo Radio which worked diligently to produce , a report that documented the monitoring of 997 songs on 11 local radio stations; and Whereas: The Committee found that, with the exception of college stations WBNY and WBFO, local music is largely ignored on local radio; and Whereas: Since the Stan Szelest awards were given to WBNY and WBFO in April of this year, a new station has emerged that is playing a wide variety of alternative music and is actively promoting local bands both through regular airplay and the aggressive announcement of club dates; and Whereas: This new station, CKEY is known as "The Planet" and it is proving to be very successful using a format that local commercial stations claimed would never work; and Whereas: In spite of the fact that "The Planet" is based in Niagara Falls, Ontario, its policy of promoting local musicians throughout the region has done more for Buffalo rock musicians than many of Buffalo's commercial stations; and Whereas: The emergence of "The Planet", along with a new Saturday evening local music show on WJJL, and some positive changes at WKSE, heralds a new day for local musicians and for all those who had grown tired of consultant-driven boring, radio formats; Whereas: These developments indicate that the Common Council was on the right track in its appointment of the Radio Access Committee and its focus on promoting local. musical talent. Now Therefore Be It Resolved, that: This Common Council welcomes CKEY to the local radio dial and commends its management for boldly and successfully going where local commercial stations had feared to tread; and Be It Further Resolved, that: This Council also congratulates WJJL and WKSE for the steps they have taken to promote local and alternative music. ADOPTED. No. 216 By: Mrs. Lockwood Rescind Changes To Traffic Ordinances Contained in Serial Notification # 8407 Whereas: This Common Council voted to deny Notification Serial # 8407 at the September 20, 1994 meeting; and Whereas: This Notification was filed as part of item 44 for the July 26, 1994 Council meeting; and Whereas: The Law Department has filed an opinion for this meeting stating that the changes to the traffic ordinance are in effect because the Council did not act within 45 calendar days; and Whereas: The Council's August recess made it difficult to give proper consideration to this item within 45 days; and Whereas: Section 178 of the City Charter, which governs these matters, clearly and wisely gives the Council the power to deny or modify any changes the City Engineer proposes to make in traffic rules or regulations; Now Therefore Be It Resolved, that: This Common Council hereby rescinds Notification Serial # 8407 to recertify its position taken at the meeting of September 20, 1994. ADOPTED. No. 217 By: Mrs. LoTempio Salary Ordinance Amendment 20 - Department of Police 1 - Police Administration 021 - Administration & Communication The Common Council of the City of Buffalo do ordain as follows: That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to 20 Department of Police, 1 - Police Administration, 021 Administration & Communication which reads: 201-021 18 Assistant Police Dispatcher $44,733 is hereby amended to read: 201-021 14 Assistant Police Dispatcher $44,733 201-021 8 Public Safety Dispatcher (civilian) $23,703 - $26,920 We, R. Gil Kerlikowske, Commissioner of Police and James B. Milroy, Director of the Budget, hereby certify that the elimination of four (4) Assistant Police Dispatchers and the creation of eight (8) Public Safety Dispatchers (Civilian) are necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the respective amount set forth in the foregoing ordinance. That personnel requisitions incident to the creation of the above positions, containing a statement of the duties of such position, have been filed with the Municipal Civil Service Commission and said Commission has approved and certified the position titles set forth in the foregoing ordinance as being the appropriate Civil Service titles for the proposed positions. Approved As To Form Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 218 By: Mrs. LoTempio Salary Ordinance Amendment 50 - Department of Human Resources 4 - Division of Substance Abuse Services 011 - YDA-DACC Narcotic Control Program 012 - BMHA/HUD Substance Abuse Program The Common Council of the City of Buffalo do ordain as follows: That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to 50-4-011 Division of Substance Abuse Services - YDA-DACC Narcotic Control Program and 50-4-012, BMHA/HUD Substance Abuse Program, which reads: 011 5 Stenographer $20,639 - $22,951 011 4 Typist 20,215 - 22,420 012 1 Typist 20,215 - 22,420 012 3 Counselor III 23,309 - 26,483 012 2 Sr. Substance Abuse Specialist 26,472 - 30,769 is hereby amended to read: 011 4 Stenographer $20,639 - $22,951 011 5 Typist 20,215 - 22,420 012 1 Stenographer 20,639 - 22,951 012 1 Counselor III 23,309 - 26,483 012 1 Sr. Substance Abuse Specialist 26,472 - 30,769 We, Michael V. Smith, Commissioner of Human Resources and James B. Milroy, Director of the Budget, hereby certify that the transfer of one (1) Stenographer from 01 1 to 012 Function, the transfer of one (1) Typist from the 012 to the 01 1 Function and the elimination of two (2) Counselor III positions and the elimination of one (1) Sr. Substance Abuse Specialist from the 012 Function is necessary for the proper conduct, administration an performance of essential services of that department. We recommend that the compensation for said positions be fixed at the amount set forth in the foregoing ordinance. APPROVED AS TO FORM Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 219 By: Mrs. LoTempio Ordinance Amendment Chapter 483-2 - License Required; Application For License The Common Council of the City of Buffalo does hereby ordain as follows: That Section C of Chapter 482-2 of the Code of the City of Buffalo be amended to add the following: C.(4) Each coin-operated vending machine or device, whether standing individually or on a rack or stand together with other coin-operated machines or devices, shall be considered a separate coin-operated vending machine or device for which an annual license fee shall be required as specified in Chapter 175 Fees. APPROVED AS TO FORM: Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DEPARTMENT OF PUBLIC WORKS. No. 220 By: Mr. Perla Rename Seventh Street from Porter Avenue to Connecticut Street as Columbus Parkway Whereas: The portion of Seventh Street extending from Porter Avenue to Connecticut Street which abuts Columbus Park is a prominent West Side street and home to many longtime Residents; and Whereas: Columbus Park has been a jewel to the Niagara District and the pride of the West Side for generations; and Whereas: The residents of Seventh Street take special interest in Columbus Park and have been active in its maintenance and the commencements of ceremonies in honor of the Parks namesake, Christopher Columbus; and Whereas: Renaming this portion of Seventh Street from Porter Avenue to Connecticut Street as Columbus Parkway would give the residents of Seventh Street permanent association to the Park and also add to Honor the great Italian Explorer, Christopher Columbus, and Now Therefore Be It Resolved: That the Common Council, after an appropriate Public Hearing set by the City Clerk, re-designate Seventh Street from Porter Avenue to Connecticut Street as Columbus Parkway in honor of Christopher Columbus. LAID ON THE TABLE. No. 221 By: Mr. Pitts NYS Economic Development Zone Whereas, on July 27, 1994, the city of Buffalo was awarded a New York State Economic Development Zone; and Whereas, said award was confirmed in a letter, dated August 4, 1994, by the New York State Department of Economic Development; and Whereas, said award also included a grant in the amount of $45,000.00 for the administration of the New York State Economic Development Zone; and Whereas, the grant is only available if the grant is equally matched by in-cash and in-kind commitments, with a minimal 50% in-cash match, made from public and/or private sources other than state government funds; and Whereas, The Buffalo Enterprise Development Corporation has available the necessary sources to provide the in-cash and in-kind commitments; and Whereas, The Buffalo Enterprise Development Corporation has expressed a desire to be the administrative agency for the $45,000.00 grant. Now, Therefore, Be It Resolved: 1. That the City of Buffalo hereby designates The Buffalo Enterprise Development Corporation as the administrative agent to receive and disburse the $45,000.00 state grant for the administration of the New York State Economic Development Zone. 2. That the Mayor of the City of Buffalo, the Commissioner of Community Development or any other appropriate official of the City of Buffalo are hereby authorized to execute any and all documents deemed necessary to effect this resolution. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 222 By: Mr. Zuchlewski Increasing Composting as A Means of Saving Money and Helping the Environment Whereas: As solid waste costs skyrocket nationally, local governments have been turning to the composting of organic wastes as an economical way to cut costs and promote ecological values; and Whereas: Buffalo has a yard waste composting program that, while positive, is not diverting as much material from the waste stream as it could if these wastes were picked up at the curb; and Whereas: One of the more time consuming and expensive aspects of composting involves getting leaves and other yard waste out of the plastic bags in which they are set out at curbside; and Whereas: There are new leaf bags on the market that claim to be completely biodegradable thus negating the need for separation; and Whereas: On a related matter, in 1993 the city gave out home composting units to individuals on a trial basis with an eye toward making the best of these units available to homeowners at a low price; and Whereas: There has apparently been no follow-up on the efficacy of the units that were distributed; and Whereas: A well done home composting program would be beneficial because it eliminates city costs for processing and disposing of organic wastes; Now Therefore Be It Resolved, that: This Council requests the Departments of Public Works and Street Sanitation to cooperate in investigating the efficacy of using biodegradable bags to allow the City to pick up compostable wastes at the curb and to report their findings back to the Council; and Be It Further Resolved, that: This Council requests the Departments of Public Works and Street Sanitation to cooperate in developing a home composting program and to file a copy of their plan with the Council when it is completed. ADOPTED. No. 223 By Mr. Zuchlewski Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored members of the Common Council as indicated: Felicitation for Elaine Orr By Councilmember George K. Arthur Felicitation for Myrna M. Lewis By Councilmember Arthur Felicitation for Jacob C. Mays, Jr. By Councilmember Arthur Felicitation for Vera Spruill By Councilmember Collins Felicitation for Antiloch Baptist Church Pastor Bunton By Councilmember Collins ADOPTED. No. 224 By: Mr. Zuchlewski Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1996-, conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Sandra M. Bedell Joanne M. Burdick Loretta J. Clark Anna F. Falzone Leonard F. Falzone Samuel Galperin Robert J. Gesicki Dolores Giancarlo George Halliwell Robert F. Haurik Tracy A. Kelly Brenda L. Lawless Joseph P. Mason Sylvia Noonan William E. Carey ADOPTED. No. 225 By: Mr. Zuchlewski Appointments Commissioner of Deeds Required For The Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1996, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: MINOTTI DANIEL A. RACZYK KIM MIRANDA DONNA M. RALABATE JOSEPH MISKEY WILLIAM C. RALLS LUCY A. MITCHELL ELLEN F. RAMUNNO LAWRENCE MOCH PATRICIA REACH KATHLEEN L. MONTELLA MICHAEL A REBMAN ROBERT M. MONTORO MARY REED MARY A. MORRISON CHARLES S. REUTER FRANK D. MOSHER DAVID S. RINALDO CANOYCE H. MURPHY BARBARA M. RIVERA ROSLYN C. MURPHY JOANNE RIZZO CAROLYN MURRAY MARY ANNE ROSOWSKI BARBARA A. MUSCATO ANTHONY R. RYBIJ GENE H. MUSIAL PATRICIA A. SAJECKI CHRISTOPHER MYERS DENISE H. SCAZAFAVO DIANNE NAPIERSKI JANE D. SCHABERT LINDA HARDOZZI SUSAN M. SCHENCK BARBARA A. NEEDELL THOMAS E. SCHMITT MICHEL M. NEUMANN JOHN SCHNORR LISA A. NEYERLIN JO ANN SCHREIBER ELSIE J. NISTLER JOANNE SCHWARTZ CANDACE S. NOLAN JUDITH A. SEVERIN SUZANNE H. NUCHERENO FRANK O. SHADRON ROSLYN C. O'BRIEN TRACEY L. SHAW LEO T. O'CONNOR JOHN J. SHAW SHARON R. O'CONNOR SHEILA A. SHAW-ELVERS JEANNE A. O'DONNELL SANDRA SISHKIEWICZ SHARON A. ORSHAL SHARON E. SIGHAN MAURICE V. OTT-GERRY JOANNE M. SIWIEC SANDRA A. OZARK BARBARA SKRZYPEK BARBARA 0. PACER DAVID F. SMITH DEBORAH PAHR PETER A. SMITH LINDA S. PAJEK PATRICIA L. SMITH SCOTT R. PALCZYNSKI JOYCE E. SMOLINSKI JANET A. PALMERI SUSAN SOBOLEWSKI PATRICIA PANDOLFE SHIRLEY C. SOEHANN DARLENE A. PATENAUDE RONALD J. SOOS M. LOUISE PENDERS KATHY A. SORRENTINO NERINA PERRIN JOHN W. SPENCER GARY J. PETERSON ELIZABETH J. SPIELMAN KAREN R. PFENNINGER ARTHUR J. SPIELMAN R. J. PHILLIPS JOANNE STALICA DAVID A, PILARSKI SHARON A. STRYCHASZ ELIZABETH PINTO JOSEPH SUKACZOW OLGA PITTMAN JOAN H. SULLIVAN NELSON P. PODLEWSKI GERALD J. SUTTER SANDRA M. PRIOLA JULIE SWIATEK MARY A. PROVENZO CRAIG S. SWIATEK THEODORE P. QUINN PATRICK J. SZIKSZAY ESTHER SZYMANSKI ANGELINE SZYMONIAK NORMAN A. SZYHURA STEPHEN J. TASCH CAROLYN H. TEUBNER ROSEMARIE THOMAS SHERRY L. THOMAS SYLVIA A. TOPPER MARY ANN TRAMONTANA PROVIDENCE TRASK KEVIN TRIETLEY GEORGE C. TRIMPER PAULA A. TUCKER EDWARD J. TUCKER HAROLD VASBINDER CAROL J. VASBINDER EDWARD A. VAUGHN DOROTHY WAGNER KELLY B. WASHINGTON DENISE WAWRZYNIAK MICHAEL P. WEINSTEIN BARRY E. WRITZEL DEBORAH A. WEITZEL ROBERT C. WILLIAMS LYNNE S. WILLIAMS MARJORIE J. WILLIAMS RUTH WISNIEWSKI PAUL WITKOWSKI KIM WRIGHT KAREN ZAUNER MARK J, ZECKHAUSER MARGERY ZULEWSKI MICHAEL L. AIKMAN DOROTHY R. CASTELI,ETTI ANTHONY M. ANDERSON ETHEL L. CASTER DIANE L. ANDERSON JOHN W. CATALANO MARIE V. AQUILA ROBERT J. CHMIELEWSKI JOANNE K. ARDINO PATRICIA A. CHRISTOPHER FRED ATKINSON THOMAS H. CHUCHLA CHRISTINE S. AUER JANET A. CLARK MICHAEL L. BACZKOWSKI DAVID L. COHEN LEWIS D. BAEZ SORAIDA COLANGELO DOMINIC J. BAKER SHERRY A. COLE KATHLEEN A. BARBER BONNIE M. COMAS JOSEPHINE R. BARKLEY JEAN CONKLIN DAROLD W. BATT TERRY L. COOK PETER BATTAGLIA MICHAEL D. COOK SHARI L. BECKER PATRICIA H. CROSS CAROLYN Jo BELLACOSE ANDREW D. CUDDIHY PATRICIA BIENKOWSKI GARY CUSHINGS CATHERINE L. BLAKE STEVEN E. CYBULSKI RACHELLE BLEYLE ELAINE L. DAILEY SHARON R. BLOCK DENNIS H. DANGA LINDA BOCHIECHIO JULIANNA DAVIS EILEEN A. BOEHM MARILYNN A. DEACON RICHARD O. BOGUCKI MARCIA J. DEISZ ROBERT L. BOJAN ROBERT W. DELUCCI M. BOJANOWSKI PAUL R. DENNY ROBERT W. BOLTZ HAROLD W. DIPIRRO MARION BOULANGE CHARLES DIRR MICHELE BOYLIN WILLIAM J. DIVITO PATRICIA BRACE JAMES F. DONATO JEFFREY L. BRAYER ELEANOR B. DROBITS SHARON L. BREW MAUREEN DUKE LISA M. BROCK ALICE DUTCHER ANITA W. BROOKER SUSAN M. ELIAS MARY LEE C. BROWN BRUCE L. ELLERO DAVID R. BRYANT MELINDA ERNST ROBERT J. BUELL ANN ERWIN JUANITA H. BURKE MARGARET L. EVANS BARBARA K. BUSCAGLIA ANN M. FAIRCHILD ROBERT He CADIZ LISA FARR BARBARA A. CALIGIURI JUDITH M. FARRELL NANCY A. CANNON GERALD C. FERGERSON JANICE C. CAPUTI MICHAEL J. FISCHER DOREEN J. CARABALLO MANUEL FLAIBAN DEBRA CARABELLO CYNTHIA A. FLEMMING ELIZABETH E. CARDINA TERESA A. FLYNN JR JOHN J. CARHER CLAIRE V. FRANK JR RICHARD C. CARR MICHAEL J. FRICKE ELIZABETH T.' CARRIERO MARYANNE T. GAFFIN JOANNE CASH CARVA R. GANNON SANTINA GAVIN-POKRANDT JANINE G. KLEIN ELAINE P. GBUREK PAUL S. KLINE JOHN GEHRING ELLEN D. KNEZEVIC MICHELE L. GENTILI JUDITH A. KONICKI TIMOTHY H. GILBERT CYNTHIA C. KOWALYK CHRISTINE N. GILLESPIE PETER KOZLIKOWSKI CARL E. GOERNER PAUL O. KROLL DAVID L. GOETZ JUDITH E. KRULL JEFFREY GOODIN GREGORY F. KUGLER JOSEPH Jo GOOSNAN GENA H. KVASHAY LINDA L. GORAN RONALD V. LAHANNA JAMES W. GOULD CARL A. LAUCK KATHLEEN M. GRAHAM DELORES LAURIA THERESA A. GRAHAM THERESA A, LAURIA THOMAS L. GRASSO ROSE J. LEAHY GERALD T. GRAY WILLIAM C. LEDOUX SYLVESTER P. GREEN DONNA S. LEE CAROLYN A. GRUENDIKE MARK R. LEMA DEBORAH A. GUARD JACYRA D. LEX MICHAEL B. HAIRSTON CAROL D. LIBERANTE MICHAEL HARE PATRICIA A. LIEBLER DIANE S. HARK MARGUERITE H. LIPKE ARLEEN H. HAWTHORN KIMBERLEE A. LONGBOAT PATRICIA H. HILL JUDITH M. MADAY MELISSA A. HILLER LUCIA A. MAGILL ROGER A. HOCH IRENE J. MALONEY GARET H. HODGE WILLIAM H. MARTENS LYNN H. HOLEVA DENISE R. MARTIN KRISTEN L. HOWLING PATRICIA A. MAULUCCI THOMAS J. HRYNYSHYN MELINDA L. MAYER JUDITH I. HRYNYSHYN RICHARD H. MCALPINE CLAUDIA V. HUBER BEVERLY A. MCCANN CHRISTINE H. HUGHES SHAUN H. MCCARTHY CHARLES J. HURLBUT JR JAMES H. MCCARTHY SHARON A. HURLBUT ROGER D. MCCORMICK PETER W.' IAVENDITTI KATHLEEN MCCORHICK WENDY S@ IRVINE BARBARA J. MCGOWAN BRIAN J. ITZENPLITZ SUSAN M. MCGOWAN LORA A. JAHASKI DIANE MCHAHON MARGARET JAWOREK BEVERLY A. MCQUILLAN RODERICK J. JOHNSON DIANNE E. MEADE JUDY L. JOHNSON THERESA MEHS MARYANN JOSIK JAMES W. MEILER SUE KAYE CLAUDIA J. MELZER ESTHER KEDZIERSKI ANDREW MENGAY MARGARET M. KEEFE NOREEN L. MICHALSKI CHRISTINE KELLER JR WALTER MICHALSKI JR CHESTER KELLER MARY L. MILLER MARIE T. KLAK MICHAEL J. MILLER MARY ELLEN ROSE M. BARONE. GAIL S. CHAPMAN JOYCE C. BROWN JEAN MARIE CLEGGETT CHARLES F. CUTRONA ELAINE MARTES MARIA D GAROZZO-PAYNE MARCIA D. VANDELINDE CHARLES S. GIGLIA DAVID G. GILLIG JOLIN A. GRIECO JR. ERIC D. HERNDON ROBERT E. HONAN MARY C. JACKSON JOSEPTH KOSCIEINIAK PHILLIP KOZERSKI ANTHONY KRAYNO JAMES P. LATKIN ANN MARIE R. LOFASO RACHELLE MALEK SANDRA MARCINIAK CARL M. NASCA ROSEMARY ROONEY ANDREW P. SATYSHUR JOE SOLE JOSEPH J. TANZELLA MARIANNE B. TRILLIZIO RONALD L. WACHOWSKI CYNTHIA L. WALCZAK CHERYL YEATES BRUAN MICHAUX LOUIS ANZALONE COLLEEN BOHEN RONALD A. CARNEVALE ALBETTO DEL VALLE KATHY FITZPATRICK GINA GRANVILLE COLLEEN KRANTZ ZORAIDA MATOS MARK SKIERCZYNSKI ADOPTED. UNFINISHED BUSINESS No. 226 Bond Resolution- $129,000-Zoo traffic Signals (No. 161, C.C.P., Nov. 1, 1994) Mr. Pitts moved that the above item be taken from The table. Seconded by Mr. Coppola. CARRIED Mr. Pitts now moved approval of the above item. Seconded by Mr. Perla. PASSED. AYES- 13 NOES- 0. No. 227 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, November 22, 1994 - 9:30 A.M. Finance Tuesday, November 22, 1994 following C.S. Legislation Tuesday, November 22, 1994 2:00 PM Econ Dev Wednesday, November 23,1994, 10:00 AM U R Agency Wed, Nov 23, following Ec. Ancillary Comm Police Reorg Fri, Nov 18, 1994, 10:00 AM Room 1417 Fire Alarm Fees Mon, Nov 21, 1994, 2:00 PM Room 1417 No. 228 Adjournment On a motion by Mr. Pitts, Seconded by Mr. Zuchewski the Council adjourned at 3:45 P. M. CHARLES L. MICHAUX, III CITY CLERK