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HomeMy WebLinkAbout95-0110 No. 1 Common Council Proceedings of the City of Buffalo Regular Meeting, January 10, 1995 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 James W. Pitts Rosemarie LoTempio DISTRICT COUNCIL MEMBERS Alfred T. Coppola Delaware Vacant - 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, George K. Arthur, Alfred T. Coppola, 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, David A. Franczyk, Kevin J. Helfer, James W. Pitts, Members. LEGISLATION COMMITTEE: Alfred Coppola, Chairman, David J. Czajka, Kevin J. Helfer, Rosemarie LoTempio, Carl A. Perla, Jr., Dale Zuchlewski Members RULES COMMITTEE: George K. Arthur, Chairman, Kevin 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. Pitts, Chairman, George K. Arthur, Kevin J. Helfer, Rosemarie LoTempio, Dale Zuchlewski. SPECIAL COMMITTEE ON EDUCATION: Dale Zuchewski, Chairman, David J. Czajka, Kevin 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. POLICE REORGANIZATION COMMITTEE: David J. Czajka Chairman; George K. Arthur, Clifford Bell, Kevin J. Helfer, Rosemarie LoTempio. TASK FORCES AUDITORIUM AND STADIUM TASK FORCE: James W. Pitts, Chairman, Clifford Bell, Kevin J. Helfer, Bonnie 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 CONSERVANCY 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. GREENWAY TASK FORCE: Bonnie Kane-Lockwood, 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, David P. Comerford, Tammy Barnes, Terry Wherry CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL- BUFFALO Tuesday, January 10, 1995 at 2:00 P.M. PRESENT- George K. Arthur, President of the Council, and Council Members Bell, Collins, Coppola, Czajka, Franczyk, Helfer, Lockwood, LoTempio, Perla, Pitts, and Zuchlewski- 12. ABSENT- None. On a motion by Mr. Pitts, seconded by Mr. Czajka, the minutes of the Special Meeting held December 14, 1994, the Recessed Sessions held on December 21, and December 29, 1994, and Stated Meeting held on December 27, 1994 were approved. FROM THE MAYOR No. 1 Appointment of Members to the Buffalo Water Board Pursuant to the authority granted me by Section 1048-F of the title Two-B Article Five of the Public Authorization law, I hereby appoint, subject to confirmation by Your Honorable Body, the following members to the Buffalo Water Board: Paul R. Hojnacki 81 Huntley Road Buffalo, New York 14215 Mr. Hojnacki has previously served on the Buffalo Water Board. He has an MBA from the School of Management at the State University of New York at Buffalo and also a Bachelor of Technology in Mechanical Engineering from the State University College at Buffalo. At present he is a Plant Superintendent at Curtis Screw, Inc. with many with many administrative responsibilities. Among his many affiliations are member of American Society of Mechanical Engineers, University of Buffalo School of Management Alumni Association. Mr. Hojnacki replaces Roseanne Frandina, whose term expires December 31, 1994. Paul R. Hojnacki's term will expire December 31, 1996. James B. Milroy 155 Massachusetts Ave Buffalo, N. Y. 14213 Mr. Milroy is a Ph.D. Candidate (A.B.D.) State University of New York at Buffalo. At present he is the Director of Budget and Management, City of Buffalo. His many duties include preparing the City's annual budget supervising staff of six, and manage personnel matters. He is a member of numerous boards and committees such as the Buffalo Philharmonic Orchestra Marketing Committee, Board of Education Reapportionment Committee, Common Council's Charter Revision Committee, etc. James B. Milroy replaces Thomas F. Keenan, whose term expires December 31, 1994. Mr. Milroy's term will expire December 31, 1995. I hereby certify that Paul R. Hojnacki and James B. Milroy are fully qualified to serve as members of the Buffalo Water Board, Mr. Pitts moved: That the communication from the Mayor, dated December 29, 1994, be received and filed; and That the appointments of members of the Buffalo Water Board of Paul R. Hojnacki, 81 Huntley Road, Buffalo, 14215, for a term expiring December 31, 1996, the appointment of James B. Milroy, 155 Massachusetts Avenue, Buffalo, 14213, for a term expiring December 31, 1995, be, and hereby are confirmed. ADOPTED.* * Mrs. LoTempio was excused from voting on this item. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 2 Polish Community Center - Request To Rezone 104-132 Lewis & 129 Jones from R3 & R2 to R5 Item No. 70, C.C.P., December 13, 1994 The City Planning Board at its regular meeting held Tuesday, January 3, 1995, considered the above petition pursuant to section 511-126 of the Buffalo Code, Amendments to the Zoning Ordinance. The applicant has been designated by the Buffalo Urban Renewal Agency to develop apartments for senior citizens. In order to accomplish this, the properties referenced above must be rezoned to R5. The new zoning classification will allow a higher residential density than the current zoning allows. Under SEQR the proposed rezoning is considered an unlisted action which may be studied through uncoordinated review. The City Planning Board voted to approve the proposed rezoning. RECEIVED AND FILED. No. 3 DeCarolis Rental - Request To Erect A Pole Sign 25 Msgr. Valente Drive Item No. 108, C.C.P., December 27, 1994 The City Planning Board at its regular meeting held Tuesday, January 3, 1995, considered the above request pursuant to section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to erect an illuminated accessory pole sign with a sign face area of 72 square feet (6 feet by 12 feet) and an overall height of 21 feet. The site is located in an M1 zone and also in the Thruway Industrial Park area. Both jurisdictions allow such signs. 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 as presented. RECEIVED AND FILED. No. 4 Mercy Hospital - Request to Encroach Right-of-Way 571 South Park With An Accessory Sign Item No. 109 C.C.P. December 2, 1994 The City Planning Board at its regular meeting held Tuesday, January 3, 1995, considered the above request pursuant to section 317.1 of the City Charter, Review of Right-of-Way Encroachments. The applicant seeks to place a yard-arm type, non illuminated, accessory sign with a sign face area of 12 square feet (3 feet by 4 feet) which will encroach 4 feet into the right-of-way. The site is located in a C2 zone which does not prohibit such signs. 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. 5 2230 South Park Ltd. Request To Erect A Pole Sign-1673 Broadway Item No. 110, C.C.P., December 27, 1994 The City Planning Board at its regular meeting held Tuesday, January 31, 1995, considered the above request pursuant to section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to erect a 9 foot by 11 foot (99 square feet), illuminated, pole sign and reader board with an overall height of 26 feet. The site is located in an M1 zone which permits such signs. Under SEQR the proposed sign is considered a type II action which does not require further environmental review. Although the M1 zone allows a sign of this height, the Board felt that its height was excessive. Consequently, the Board voted to approve the proposed sign on the condition that it be reduced to an overall height of 21 feet. RECEIVED AND FILED. No. 6 City of Buffalo - Request To Erect-Ground Sign - 2057 Genesee, Schiller Park Senior Citizens Center Item No. 111, C.C.P., December 27, 1994 The City Planning Board at its regular meeting held Tuesday, January 3, 1995, considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Ground Signs. The applicant seeks to erect an illuminated ground sign with a sign face area of 32 square feet (4 feet by 8 feet) and an overall height of 7 feet. Since the sign is for a public use, i.e., the Schiller Park Senior Citizens Center, the regulations of the zoning ordinance are rendered nugatory. This not withstanding, the Board voted to approve the proposed sign on the condition that the base of the sign is given a landscaped treatment. Under SEQR the proposed sign is considered a type II action which does not require further environmental review. RECEIVED AND FILED. FROM THE BUFFALO ARTS COMMISSION No. 7 Appointments to Arts and Cultural Advisory Committee Pursuant to Article 5, Section 6-30 of the Buffalo Code, The Buffalo Arts Commission appoints the following three members to the Arts and Cultural Advisory Committee: Judith G. Wolf 38 Harbour Pointe Common Buffalo, NY 14202 James G. Pappas 108 Depew Ave. Buffalo, NY 14214 Thomas M. Rocco 38 Park St. Buffalo, NY 14201 The Commission has also reappointed Gary L. Mucci, the Comptroller's appointee, as Chairman of the Arts and Cultural Funding Advisory Committee for 1995. RECEIVED AND FILED. No. 8 Merchant Marine Memorial Your Honorable Body is hereby requested to permit the installation of a monument at the south end of Veterans Park adjacent to the Naval and Servicemen's Park to commemorate the Merchant Marines. The Arts Commission has approved the WNY Merchant Marine Post 1947 proposal (sponsor) as well as the scope of plans forwarded by Kuhn's Monuments, Inc. The sponsor, however, is still in need of approximately $8,000 to furnish and complete the project. If you have any questions regarding this project, please contact the Executive Director of the Buffalo Arts Commission at any time. Thank you for your time and attention. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMPTROLLER No. 9 Certificate of Necessity Transfer Of Funds Common Council - Legislative - Councilmember 6 Common Council - Legislative - Capital Outlays We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $1,900 be transferred and reappropriated from the Common Council Legislative, as set forth below: Dated: Buffalo, NY, January 4, 1995 RECEIVED AND FILED. No. 10 Certificate of Necessity Increased Appropriation City Revenue Division of Housing and Property Inspection We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $30,000 in the estimates for the fiscal year beginning July 1, 1994 is necessary in Appropriation Allotments - Department of Inspections and Community Revitalization, Division of Housing and Property Inspection, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase of $30,000 in the General Fund City Revenue account 10024-1, 404 - 81112 Community Development Block Grant, not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Dated: Buffalo, NY, January 4, 1995 RECEIVED AND FILED. No. 11 Request to Lease 493 Michigan The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Larry Hawkins to lease the City-owned building located at 493 Michigan Avenue. Mr. Hawkins lives at 509 Michigan Avenue and has been leasing the property for storage of appliances, which he repairs. Mr. Hawkins wishes to expand his business and purchase this building, however, the building in need of immediate repair. Mr. Hawkins will invest his own funds to repair the building providing he in granted a two year lease. During this lease period he will pursue financing to purchase the building. Mr. Hawkins has agreed to continue paying One Hundred and Twenty-Five Dollars a month and obtain liability insurance, in an amount to be determined by the Corporation Counsel, protecting and holding the City harmless from liability and bodily injury which might occur from his use of the building. I am recommending that Your Honorable Body approve the request of Mr. Larry Hawkins to lease the property at 493 Michigan Avenue upon the terms and conditions stated above. Mr. Pitts moved: That the communication from the Comptroller, dated January 5, 1995, be received and filed; and That the Comptroller be, and he hereby is, authorized to negotiate a two year a lease between the City of Buffalo and Mr. Larry Hawkins for the property at 493 Michigan Avenue upon the terms and conditions as stated in the above communication and to report to the Common Council the results of such negotiations of this lease. ADOPTED. No. 12 Exchange City-Owned Vacant Lots 65 Grape Street for 71 Grape Street The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Theodore Banks, Gethsemane Baptist Church, 55 Grape Street to trade 71 Grape Street for the City-owned lot at 65 Grape Street. They intend to use the lot at 65 Grape Street for an extension of their current parking lot. The Departments of Community Development and Community Revitalization have been contacted and they have no objection to the exchange of properties. The properties are of equal size and value. Therefore, I am recommending that Your Honorable Body approve the exchange of the City-owned property located at 65 Grape Street for the property owned by Gethsemane Baptist Church at 71 Grape Street. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the exchange and that the Mayor be authorized to execute same. Mr. Pitts moved: That the communication from the Comptroller, dated January 5, 1995, be received and filed; and That the Comptroller be, and he hereby is, authorized to enter into a transfer between the City of Buffalo and Mr. Theodore Banks, Gethsemane Baptist Church, 55 Grape Street to trade 71 Grape Street for the city-owned lot at 65 Grape Street and to report to the Common Council the results of such negotiations for this transfer and that the Corporation Counsel be authorized to prepare the necessary documents to transfer said property and that the Mayor be authorized to execute the same. PASSED. AYES- 12 NOES- 0. No. 13 Permission to Negotiate 256 Hudson, NW 1201 NE Fargo Vacant Lot Size: 28' x 120' Assessed Valuation: $4,600 The Office of the Comptroller, Division of Real Estate, has received a request from Gregory R. Gerwitz of 7440 Boston State Road, Hamburg, New York 14075 to purchase the above captioned City-owned property. Mr. Gerwitz recently purchased 258 Hudson and is in the process of rehabilitate it. He is requesting to purchase 256 Hudson in order to erect a fence and for extra yard space. The Department of Community Development and the Department of Inspections and Community Revitalization were contacted and they have no objection to this sale. There are no taxes, demolition liens or other outstanding debts owing to the City of Buffalo by the purchaser. This office, therefore is requesting that we be permitted to negotiate a private sale with Mr. Gregory R. Gerwitz of 7440 Boston State Road, Hamburg, New York for the above mentioned property and will report back to Your Honorable Body with the results of negotiations. Mr. Pitts moved: That the communication from the Comptroller dated, December 28, 1994 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. Gregory R. Gerwitz, of 7440 Boston State Road, Hamburg, for the private sale of 256 Hudson and report to the Common Council the results of such negotiations. ADOPTED. No. 14 Report of Audit - Scheduling Complaint Buffalo Sewer Authority Complaint Truck Crew Enclosed please find a copy of the report on our examination of the scheduling of the Complaint Truck Crew of the Buffalo Sewer Authority. This report has been filed with the members of the Sewer Authority. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 15 Report of Audit Division of Engineering Payroll Record Procedures In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit a report on our review of the payroll records and procedures for the Division of Engineering. The reliability and integrity of the Division's payroll records remain suspect. Since the filing of this report, the Division has taken corrective action on many of our findings. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE PRESIDENT OF THE COUNCIL No. 16 With the resignation of Council Member Fahey, I am appointing Councilmember-At-Large James W. Pitts to fill his position on the Finance Committee, and Council President George K. Arthur as a member of the Committee on Civil Service. RECEIVED AND FILED. No. 17 I am hereby appointing Council Member Bonnie K. Lockwood to the Solid Waste Sub-Committee, effective immediately. RECEIVED AND FILED. FROM THE COMMISSIONER OF ASSESSMENT No. 18 S.Green - Forgive Interest Taxes 205 Sweet Item No. 105, C.C.P. 11/15/94 The above item was referred to this office for a response. Although we sympathize with Ms. Green, a review of our data files show that the 1994-95 Real Property Tax and Sewer Rent Bill was requested and mailed to TransAmerica Real Estate Services which serviced Hartford Funding. On August 5, 1994 First American Real Estate Tax Service, Inc., who services M & T Mortgage Corporation, notified our office to include 37 Devereaux Avenue, Buffalo, New York, a new account, to the list of properties they service for M & T and to mail all tax bills to First American. Finally, pursuant to Section 922 of the Real Property Tax Law, "failure to mail any such statement" (Tax Bill)," or the failure of any such owner to receive the same, shall not in any way affect the validity of the taxes or interest prescribed by law with respect thereto." Therefore, the late payment penalty levied is valid And to waive said late payment penalty is illegal. RECEIVED AND FILED. No. 19 Reform Guidelines Off Year Assessment Item No. 124 C.C.P. 12/13/94 In my opinion, the resolves of this resolution an constructed, would be illegal under the New York State Real Property Tax Law. Assessment Administration is governed by the New York State Real Property Tax Law. The enactment of Local Laws that affect Assessment Administration are only permissible when the New York State Real Property Tax Law grants said permission. I suggest that this resolution be submitted to the Law Department for its written legal opinion. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 20 Tax Cancellation 1994-95 Adjustments on the General City Tax for 1994-95 were made on the following properties to provide for changes due to omitted or incorrect exemptions and assessment errors. I, therefore, request that a warrant be drawn on 81-2 General City Charges, 000-00-802 Tax Adjustment Fund, in favor of the City for the taxes indicated on the attached list in amount of $17,754.12. City to Pay Reason for Correction Bill Dist No. Address 1st Half 2nd Half Reason 1 00093025 775 Seneca 811.39 811.39 485B Exemption Error 1 00453200 1 Market West 1,021.36 1,021.36 485B Exemption Error 7 04576400 1340 Niagara 3,651.96 3,651.96 Assessed Valuation reduced due to demo 9 06608170 93 Rosalia 260.08 260.08 485B Exemption Error 11 09050800 2117 Genesee 568.92 568.92 485B Exemption Error 13 10389100 125 Walter 286.75 286.75 Misclassification-- Corrected to reflect Homestead Tax Rate 13 10393000 30 Wasson 1,679.68 1,679.68 485B Exemption Error 14 11169650 2412 Seneca 596.92 596.92 485B Exemption Error TOTAL 8,877.06 8,877.06 GRAND TOTAL $17,754.12 REFERRED TO THE COMMITTEE ON FINANCE. No. 21 Reply To Liquor License Applications Item No. 51, C.C.P. 12/13/94 We reviewed our tax files to determine if the individuals and/or corporations applying for liquor license owe real property tax, sewer rent, local assessment and occupancy tax. Please be advised of the following: 1) 930 Walden is assessed to B & V Lounge Inc., 930 Walden, Buffalo, New York. The City taxes, sewer rent and occupancy tax are paid. We do not show a local assessment. The applicant, Beverly A. Vaarwerk representing B & V Lounge, Inc., an President, owns 21 Briscoe. The sewer rent in paid. The second half 1994-95 City tax ($496.44) is due January 3, 1995, and occupancy tax ($50.56), interest computed to December 31, 1994. 2) 865 Elk is assessed to William T. Hartnett, 8194 Roll Road, East Amherst, New York. Our records show the 1994-95 second half City tax ($1,484.63) unpaid. The occupancy tax and sewer rent are paid. We do not show a local assessment nor ownership of property under business name, Charlie O'Brien's Inc. We do show the property assessed as 145 Rebecca Park, Buffalo, New York assessed to Gerald V. O'Brien. The second half 1994-95 City tax ($681.26) is due January 3, 1995. 3) 320 Pearl Street in assessed as 318 Pearl Street and assessed to 318 Pearl Street Buffalo Inc. Our records show that the 1994-95 sewer rent and occupancy tax are paid. As of December 27, 1994, the following City tax is unpaid: 1994-95 first half City tax $6,103.98 Interest 640.92 (Interest computed as of 12-31-94) 1994-95 second half City tax $6,103.98 (due January 3, 1995) We do not show a local assessment or ownership of property in the City of Buffalo under corporate name, The Macaroni Co. Grille nor Matthew J. Quinn. 4) 1375 Delaware is assessed as 1367 Delaware assessed to Farnsworth Florists, 1385 Delaware Avenue, Buffalo, New York. We do not show ownership of property for Hutch Associates Inc., or Mark R. Hutchinson. The 1994-95 first half City tax and occupancy tax for 1367 Delaware are paid. The 1994-95 second half City tax ($6,321.39) is due January 1995. We do not show a local assessment. REFERRED TO THE COMMITTEE ON FINANCE. No. 22 Reply To Liquor License Applications Item No. 92, C.C.P. 12/27/94 We reviewed our tax files to determine if the individuals and/or corporations applying for a liquor license owe real property tax, newer rent, local assessment and occupancy tax. According to our records, the property assessed an 391-393 Ellicott Street and assessed to Gerald J. Simon and Bert Simon Jr., 367 Ellicott Street, Buffalo, New York show the following City taxes, sewer rents and occupancy tax unpaid: 1993-94 City Tax $4,954.94 1993-94 Sewer Rent 188.53 1994-95 City Tax $3,943.00 1994-95 Sewer Rent 171.58 Occupancy Tax 31.60 (Interest computed as of December 31, 1994.) The applicant Raphael C. Torres does not own property in the City of Buffalo nor do we show anything under the business name, Pearl of the Caribbean. The assessed owners of 391-393 Ellicott also own the following properties and have outstanding City taxes, sewer rents and occupancy taxes: 64 East Huron - City Taxes and Sewer Rent: 1993-94 $1,692.23 1994-95 $1,337.61 2269 Delaware - City Taxes and Sewer Rent: 1993-94 $1,893.59 1994-95 1,606.67 Occupancy Tax 50.56 2273 Delaware - City Taxes and Sewer Rent 1993-94 $2,039.85 1994-95 $1,731.43 Occupancy Tax 31.60 2277 Delaware - City Taxes and Sewer Rent: 1993-94 $1,937.90 1994-95 $1,644.48 Occupancy Tax 63.20 2281 Delaware - City Taxes and Sewer Rent: 1993-94 $1,782.77 1994-95 $1,512.17 Occupancy Tax 31.60 REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 23 Status of Solid Waste Contracts At the special meeting of the Finance Committee held on December 27, 1994 the Council requested an update on the status of our various solid waste contracts. 1. Solid Waste Disposal - we currently are in the seventh year of a ten year contract with American Ref-Fuel. That contract contained per ton prices for the first two years only. This was done to accommodate American Ref-Fuels concern that new environmental regulations would increase their cost, In July 1994, I notified American Ref-Fuel that I wanted to reach a quick agreement on the per ton price for the remaining three years of the contract. To date, I have not received an acceptable proposal from American Ref-Fuel and I am considering seeking new bids for disposal. This decision will be finalized this month. Our current price with American Ref-Fuel is $35.07 per ton. 2. Trash Disposal - we currently are in the seventh year of the ten year contract with Integrated Waste Services. Trash is disposed of at an IWS landfill at a price of $35.00 per ton. This price includes transfer, haul and disposal. Any change in the disposal site for petrucible waste will not have any effect on this contract. 3. Operation of Transfer Station and Haul to Disposal Site - We are currently in the seventh year of a ten year contract. The current contract covers the operation of our transfer station and hauling of waste to American Ref-Fuel in Niagara Falls. The current contract price is $13.00 per ton. I have been informed by our Corporation Counsels office that should we opt out of our contract with American Ref-Fuel we must negotiate with IWS to try and agree on the appropriate new price for the hauling portion of the contract. This price may increase or decrease depending on the distance to the eventual disposal site. 4. Recycling - we are in the fifth year of a five year contract with IWS. The contract can either be extended on September 10, 1994, or we can seek new bids. To date I have not sought any proposal from IWS to extend the contract. Under the terms of this contract, we pay IWS $41.49 per ton for recyclable materials. The City receives 50% of the revenues from the sale of materials collected. The Comptroller recently did an analysis of the period from July 1993 to May 1994. There analysis showed that for that 10 month period the City paid a net cost of 31.50 per ton for recycling. (Please see item #16 CCP 7/12/94). 5. Composting - we are currently in the fifth year of a five year contract with Parker Bay. The current price is $20.41 per ton. When the recycling and composting contracts were bid in 1990, they were bid separately to allow composted materials to be used in the closure of the Squaw Island Landfill. Unfortunately, we have not as of yet received approval from DEC of a closure plan so we are not sure if these composted materials can be used for this purpose. Parker Bay has requested an extension of their contract. That request is currently before the Common Council. (Please see item # 18, CCP of 11/29/94). Currently before the Common Council is a request to assign the IWS contracts for recycling, and garbage trader and haul to CID Refuse. The opinion that I received from our Corporation Counsel is that the City should approve the assignment unless CID has been shown to be unacceptable based on their past experiences. I have looked at past performances of CID and have found them to be a reputable and experienced firm. I have contacted the State DEC and they advised me that they will be able to issue CID a permit should the City assign their contracts, In further discussions with the Law Department, I was advised that if the contract are assigned they must be assigned in total without any changes. The Mayor has formed a Solid Waste Committee. The original intent of this committee was to look at the City's long range plans for solid waste. They were to look at new, innovative methods for disposal. Since the committees inception, however, many questions have arisen regarding our current practices, I am therefore going to expand the committees scope to include all aspects of our current contract. The committee will be asked to look at both collection and disposal practices, the renewal of existing recycling, composting and solid waste disposal contracts. I also expect the committee to look at options available for collections such as 60/40 packers, direct haul to landfills and expanded recycling. The City will be facing extensions, renewals or negotiations on all of our solid waste contracts, so timing on the part of the committee will be vital. I will keep the Council informed of the recommendations of the Committee and the actions of this department. REFERRED TO THE COMMITTEE ON FINANCE. No. 24 Structural Report Michigan Avenue Bridge over Conrail and Exchange Street No. 142 of C.C.P. 12/13/94 In response to Your Honorable Body's request of No. 142 of C.C.P. December 13, 1994, please find attached a copy of the most recent inspection report of the Michigan Avenue Bridge over Conrail and Exchange Street. Also, please find attached a copy of the outline of the New York State Department of Transportation Rating System and a description of the various flags that are used on bridge inspection reports. Also, please be advised that the color photos from this report are on file and may be inspected in the Bridge Office, Room 502 City Hall. REFERRED TO THE COMMITTEE ON FINANCE. No. 25 Emergency Repairs Michigan Lift Bridge Item No. 19, C.C.P. December 13, 1994 Your request regarding an explanation as to why there's such a large discrepancy in the bids for the above project was referred to the Division of Water's Engineering Office. The following is their response . (1) The difference between the first and second lowest bidder is only $780.00 or 4%. The difference between the second and third lowest bidder is only $1,884.00 or 10%. The highest bidder simply overestimated the work cost or may not have been that interested in the project. (2) In the Engineer's opinion there is no discrepancy in the bids that would signal a mandatory change order. (3) Contractors bid on only the work as described in the proposal, if unforeseen conditions .cause or make the work impossible or impractical to complete in accordance with the proposal, then Article 115 or 116 of the and Standard Specifications for Construction Materials are specific in methods to proceed with change orders required to complete the project. REFERRED TO THE COMMITTEE ON FINANCE. No. 26 Designate License Division As Liaison To Liquor Authority The purpose of this letter is regarding a letter sent to you from Councilmember-at-Large Rosemarie LoTempio dated October 26,1994. Please be advised the License Division has worked closely with the State Liquor Authority for years initiating procedures between the issuance of restaurant licenses and liquor licenses. For this reason, I feel our Division should be considered to act as liaisons with the Authority regarding license applications. I am available to meet with you if I can be of assistance. REFERRED TO THE COMMITTEE ON FINANCE. No. 27 Certificate of Appointment Appointment effective December 27, 1994 in the Department of Public Works, Division of Buildings, Richard L. Ogorek Jr., 325 McKinley Parkway, Buffalo 14220, to the position of Building Code Specialist, Permanent, at the Maximum Starting Salary of $38,312. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PARKS No. 28 Additional Information LaSalle Concessionaire Lease Item No. 24, C.C.P. December 13, 1994 We are including a copy of the signed lease agreement for the LaSalle Concession for your information. Regarding the repairs, we feel that this additional work should be considered a part of the final preparation of the new building in order for that building to be ready for the tenant. In this case, the building was just in the process of being completed, while the high bidder was attempting to set up and open her concession operation. The delay in Parks "receiving the keys to the building" is partly responsible for us needing to waive a portion of the rent for last year. The additional lock work performed by the concessionaire was the result of external tampering by vandals. The concessionaire's intent was to protect her own equipment. However, additional security also protects the interior of the City building. Her loss by break-ins would possibly cause her to default on the rent. Her actions produced a win-win situation for the City and the concessionaire. REFERRED TO THE COMMITTEE ON FINANCE. No. 29 Reply To Golf Course Revenue Audit Item No. 10, CCP #22, 11/29/94 Item No. 25, CCP #23, 12/13/94 We are generally aware of the shortcomings of our Golf Course revenue collection procedures. We agree that they need strengthening and are working to that end. We are also aware that implementing the recommendations made by the Comptroller's office will cost additional dollars. But, we are convinced that the system recommended by the Comptroller's office will be money well spent. Tighter controls will, in fact, increase revenues. To this end, we have contacted Kemper Sports Management of Chicago, Illinois, a large company specializing in golf course management. Representatives of Kemper have visited our golf courses and will recommend to us a number of options for improved golf course management. We pledge to the Council, a continuing effort to make improvements to all phases of Parks Department operations, within our budgetary limitations. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF POLICE No. 30 Permission For Mayor To Enter Into Contract For Underage Drinking Enforcement 21 Grant Program The Police Department is respectfully requesting authorization for the Mayor to execute the attached proposal for the Underage Drinking: Enforcement 21 Grant Program between the City of Buffalo and the State of New York Governor's Traffic Safety Committee for the period December 1, 1994 through November 30, 1995. Under this agreement, the State will provide the City of Buffalo with $10,755 to enhance the Department's ability to impede the sale of alcohol to minors. There are over 1,067 licensed premises within the City of Buffalo and the Department wishes to target those establishments who make sales to youth and young adults under 21. In addition to enforcement, the officers assigned to the program will work with the owners of establishments who have liquor licenses and interact with police officers who are assigned to youth education programs within the schools to educate them to the fact that the total community must work together for the prevention of alcohol and substance abuse among minors. I am respectfully requesting that your Honorable Body authorize permission for the Mayor to enter into this contract (see copy attached). We are also respectfully requesting that your Honorable Body authorize the Comptroller to provide for an interfund cash loan in the amount of $640.00 as a cash advance for all non-personnel expenses (listed in the grant narrative budget) until such reimbursement is secured from the State. Since we must follow the regular City process and in order to be consistent with the manner in which our other grants are handled, we are asking for this interfund loan. The loan would then be repaid as the reimbursement is sent to the City from the State under this grant program. The Department's cash match for this grant is 50% (or $10,755). If you require additional information, please do not hesitate to contact Captain Kevin J. Comerford at ext. 4475. REFERRED TO THE COMMITTEE ON FINANCE. No. 31 Permission For Mayor To Enter Into Sub-Agreement With District Attorney's Office GRIP Program The District Attorney's Office of Erie County has applied to the State's Department of Criminal Justice services for funds through the Gun Retrieval and Interdiction Program (GRIP) The GRIP Program will target illegal gun trafficking through the establishment of gun trafficking investigative/prosecution units staffed by police and prosecutors. Despite strict gun laws in New York, illegal firearms are readily available through illegal sources. A large percentage of the illegal guns recovered in the City originate out of state. Often times, police agencies and district attorneys lack the resources to devote staff full time to this problem. Through the GRIP Program, the Buffalo Police Department and the County's District Attorney will reduce the availability of illegal guns within New York State, particularly within the City of Buffalo, and enhance the efforts of law enforcement agencies to identify, investigate and prosecute illegal gun traffickers. (See detailed program description and application submitted by the District Attorney's Office). Under this agreement, the State will provide a total of $110,000 in grant funds to the District Attorney's Office of which $52,961 will be reimbursed to the City of Buffalo's Police Department through a sub-agreement with the District Attorney's Office (see both budgets attached) . Be advised there is no cash match on the City's behalf The Police Department is respectfully requesting authorization for the Mayor to enter into the sub-agreement with the District Attorney's office once they receive official notification from Albany that the grant has been approved. At that time, the sub-agreement will be drawn up by the County Attorney and forwarded to our own Corporation Counsel for approval as to form. As part of the grant process, we must incorporate the approval of your Honorable Body for the Mayor to enter into said sub-agreement. We are also respectfully requesting that your Honorable Body authorize the Comptroller to provide an inter-fund cash loan in the amount of $2,410.00. We have been advised by the District Attorney's office that for travel/training expenses and equipment, we must provide them with receipts and "proof" of expenditures. Therefore, since we must follow the regular City process and in order to be consistent with the manner in which our other grants are handled, we are asking for this inter-fund cash loan for non-personnel expenditures. All reimbursements will be sent to the City from the District Attorney's Office upon their secural of funds from the State, again, totaling $52,961; of which $2,410 will be used to repay the interfund cash loan. If you require additional information, please do not hesitate to contact Captain Kevin J. Comerford at ext. 4475. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF FIRE No. 32 Toxic Leak at Peace Bridge Item No. 141, C.C.P. 12/13/94 On November 24, 1994 at approximately 2000 hrs., the Buffalo Fire Department responded to the Peace Bridge Ramp area, Box 614, Incident #111871 for a Level I haz-mat response. The arriving fire companies found a tank truck carrying ethyl acrylate, with a chemical odor emanating from the top of the storage tank. The arriving Chief Officer upgraded the incident to Level 11, bringing more personnel including the Haz-Mat Officer, Fire Commissioner, Deputy Fire Commissioner, City of Buffalo Disaster Coordinator and various other support personnel. The owners of the tank truck also dispatched their haz-mat personnel to evaluate the condition of the tank and possibly take corrective action to curtail the release. Actions taken by the Buffalo Fire Department: 1.) Isolate immediate area, especially downwind. 2.) Call for additional equipment (standard operating procedure) due to the potential for escalation of incident. 3.) Set up a command post operation which included the Peace Bridge, Buffalo Police, NYS DEC and the Buffalo Disaster Coordinator. 4.) Some limited evacuation of nearby residents who felt threatened by the wind blown odor. It was decided by the Incident Commander (Commissioner of Fire, Cornelius Keane) not to evacuate the neighborhood until further investigation proving this necessary. The City of Buffalo Disaster Plan was in full use, as were the Buffalo Fire Disaster Plan, coordinated with the Peace Bridge Disaster Plan. Because of the nature of the release at the top of the tanker, further escalation of the incident did not become necessary. Sufficient personnel were on location to protect life and property and mitigate whatever might occur. The trucking firm personnel repaired the piping causing the release, and the State Police escorted the tanker to the trucking firm's terminal in Tonawanda, over the thruway. There was no further damage, and the area was returned to normal approximately 2300 hours. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 33 Certificate of Appointment Appointment effective December 20, 1994 in the Department of Fire, Bart Sumbrum, 49 Oakhurst, Buffalo, 14220, to the Position of Firefighter, Contingent Permanent, at the maximum starting salary of $39,711. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 34 Certificate of Appointment Appointment effective December 23, 1994 in the Department of Fire to the position of firefighter, permanent, at the maximum starting salary of $39,711. Mario Wallace, 330 Martha Avenue 14215 Steven Benton, 260 Davidson 14215 Kevin Hairston, 588 Norfolk 14215 Ronaldo Parker, 480 Cambridge 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CORPORATION COUNSEL No. 35 Lease 103 Wohlers Item No. 20, C.C.P., 12/27/94 You have requested a response from the Law Department regarding the above mentioned item. The Community Action Information Organization ("CAIO") is seeking to lease the City owned property at 103 Wohlers for two years with an option to buy. As long as the CAIO obtains adequate liability insurance holding the City harmless and indemnifying and defending the City against any actions brought as a result of the use of the property, the Law Department has no objection to the lease. The Law Department recommends approving the request to lease 103 Wohlers to the CAIO, subject to their obtaining proper liability insurance. REFERRED TO THE COMMITTEE, ON FINANCE. No. 36 Convey 16 Concord Item No. 11, C.C.P., 12/27/95 You requested a response from the Law Department regarding the above mentioned item. The City erroneously acquired title to 16 Concord through in-rem tax foreclosure in 1992. The bank holding the mortgage on the property was not properly given notice of the foreclosure action. The failure to give adequate notice of the foreclosure may give the mortgagee grounds to challenge the City's action. The Comptroller's recommendation to reconvey the property to the original owner for $404.99, the amount of the accrued taxes, penalties and interest, is an efficient way to obviate the error. The Law Department recommends transferring the property, authorizing this department to prepare the necessary documents for the transfer and authorizing the Mayor to execute such documents. RECEIVED AND FILED. No. 37 Revocation of Restaurant License Item No. 45, C.C.P., 11/15/95 Opinion No. 95-1 You have asked the Law Department what happens to an establishment's liquor license when the Director of Licenses of the City of Buffalo revokes the establishment's restaurant license. The State Liquor Authority ("SLA"), which grants the liquor license to an establishment, does not require an applicant to have a restaurant license in order to maintain a liquor license. An applicant is required by the SLA to follow local rules and regulations, which may or may not require an establishment to have a restaurant license. If the establishment is found to be in violation of the local rules or regulations, the SLA will issue a letter of warning to the establishment indicating that they are not in compliance. Failure to comply with the local rules and regulations will trigger a charge against the establishment, and then a hearing may be held pursuant to section 119 (2) of the Alcoholic Beverage Control Law. After the hearing, the determination is made on how to punish the establishment, either by revoking, canceling or suspending their license or imposing a monetary fine. The revocation of an establishment's restaurant license does not necessarily bring about the revocation of their liquor license. RECEIVED AND FILED. No. 38 Certificate of Occupancy Proposed Fee Structure Item No. 212, C.C.P., 11/15/94 Opinion No. 95-2 You have asked the Law Department for a response in relation to amending the fee structure for fees collected in connection with the issuance of a certificate of occupancy. From a legal perspective, the Common Council may amend the fee structure as long as the amendment is rationally related to the cost of the service the City is providing. However, it would be advisable to confer with the Departments of Administration & Finance and Inspections & Community Revitalization to insure that the proposed amendment is viable. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 39 Crossroads Arena Corporation Agreements Attached please find copies of executed contracts for the First Amendment to the Interim Development Agreement, Affirmative Action/Equal Employment Opportunity Hiring Plan and the Interim Non-Relocation Agreement for the Crossroads Arena Corporation Project. REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 40 Demolition of 288 Miami Item No. 130, C.C.P. 12/13/94 In response to your inquiry regarding the above referenced property, I would like to supply your Honorable body with the following information. 288 Miami St. has been identified for demolition and is currently the subject of Housing Court using the Demo-Court process. An arraignment date of January 3, 1994 has been scheduled. Hopefully a final disposition will be made and this property brought into compliance. It is my sincere hope that this response will satisfy your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 41 Ordinance Amendment, Ch. 129 Certificate of Occupancy Item No. 128, C.C.P. 12/13/94 In reference to the above stated Common Council communication I would like to supply your Honorable Body with the following information. We in the Department of Inspections and Community Revitalization are willing to implement any and all legislation that will improve the housing stock of the City of Buffalo. Recently we have begun to enforce a Certificate of Occupancy program for Multiple Dwellings. When faced with the enforcement of this program, the prior administration in agreement with the Common Council increased the number of budgeted Building Inspectors. Billing for this program is done on a monthly basis. 1436 bills have been sent to date. The total number of these bills that were paid is 685 to date. The total number of Certificate of Occupancy issued to date for this program is 97. Call back inspections are being performed at a average of 1.8 Inspection per property. We are averaging 40 referrals per week to the Electrical inspection department, 4 referrals per week to the Bureau of Fire Prevention, 5 referrals per week to the Fuel abatement Inspectors, and five referrals per month to the Plumbing Inspections Department. Even after increasing our work force, we have not proven that we will be able to inspect all the Multiple Dwellings in the City of Buffalo, within three years. The implementation of a Certificate of Occupancy program for non-owner occupied one and two family dwellings is feasible. However, such a program must be planned properly. A program of this nature will not only increase the work load of the Division of Housing and Property Inspections, but will also affect other City Departments. Planning sessions to further discuss this proposal should be scheduled to include Treasury, Data Processing, Budget and Inspections. It is my sincere hope that this communication satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 42 Legal Action Against Central Terminal Owners Item No. 140, C.C.P. 12/19/94 In response to the above stated inquiry I would like to supply your Honorable body with the following information. Currently the Department of Law is reviewing a proposed settlement in reference to this property. This matter is continued in Housing Court on January 9, 1994. Upon advice from the Department of Law, To discuss this matter in a public forum may jeopardize an already tenuous legal situation. Please rest assured that the Department of Inspections and Community Revitalization, in conjunction with the Department of Law is using every avenue available to us to further this situation to a just resolve. I trust that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 43 Reply to Response to Audit of Golf Courses No. 22 C.C.P. December 27, 1994. This is in response to your referral of the above referenced item. Please be advised that the Department of Administration and Finance generally supports the recommendations of the audit; better internal controls and cash handling procedures should be implemented. Concerning the recommendation that the city purchase electronic pinpoint cash registers, please be advised that the cost of pinpoint cash registers is $6,000 per machine not counting the cost of expendable supplies and telephone networking charges. Given the fact that the Park's Department purchased five cash registers last year, it is prudent to determine whether better cash handling procedures and tighter internal controls would bring about the necessary improvements recommended by the Comptroller before a decision is made to incur additional capital outlay expenses. I hope this response addresses your concerns. RECEIVED AND FILED. No. 44 Proposal for Centralization of Payments No. 21 C.C.P. December 27, 1994. This is in response to your referral of the above referenced item. Please be advised that the Department of Administration and Finance would like to move toward greater centralization where practicable in order to increase our internal controls and, at the same time, better serve taxpayers and other customers. To this end, the administration is supportive of the concept of a "one stop" office on the first floor of City Hall. However, some departments and functions are more readily susceptible to centralization than others. Given the city's current financial situation, we need to be selective in the application of the centralization concept. As the Comptroller points out in his communication to the Council, full-scale centralization will require the city to "Identify funds and procure necessary Hardware and hire the Personnel to implement changes." The costs of centralization, both financial and in terms of convenience to the public, must be weighed. I hope this response addresses your concerns. REFERRED TO THE COMMITTEE ON FINANCE. No. 45 Refund Swim Permit Fees No. 58 C.C.P. December 27, 1994. This is in response to your referral of the above referenced item. Please be advised that the Department of Administration and Finance does not favor the refund of fees as a general proposition, nor is there a mechanism in place, beyond the normal claims process, to permit such a refund to be processed. I hope this response addresses your concerns. REFERRED TO THE COMMITTEE ON FINANCE. No. 46 Recover Costs from Hsg. Court No. 187 C.C.P. December 27, 1994. This is in response to your referral of the above referenced item. Please be advised that the Department of Administration and Finance supports cost recovery efforts of the kind outlined in Council Member Lockwood's resolution. Recently, similar legislation was proposed by Council Member Perla as it relates to charges for excessive property inspections. If the state legislature authorizes a Bureau of Administrative Adjudication for the City of Buffalo that includes the authority to adjudicated housing code violations, the city itself could develop and implement a fee structure for non-compliance with city codes that includes cost recovery charges. However, until such authority is granted by the state, mechanisms like those advanced by Council Members Lockwood and Perla should be pursued. I hope this response addresses your concerns. REFERRED TO THE COMMITTEE ON FINANCE. No. 47 Investigation Report - Janitorial Stockroom No. 24 C.C.P. December 27, 1994. This is in response to your referral of the above referenced item. Please be advised that the Department of Administration and Finance does not agree with the recommendation on increased staffing. Given our current financial situation, the last thing we need is an increase in the number of middle managers assigned to this function. Purchasing and inventory control are among the areas being examined by the re-engineering consultant. It is the administration's hope that improvements in these areas can be realized through the more efficient utilization of existing staff(s). I hope this response addresses your concerns. REFERRED TO THE COMMITTEE ON FINANCE. No. 48 Consolidation of Purchasing Function Item Nos. 163, 164 & 165, CCP, 12/27/94. This is in response to your referral of the above referenced items. Please be advised that the Department of Administration and Finance supports the consolidation of purchasing functions. A meeting among the affected parties (e.g. Board of Education, Department of General Services) and KPMG, the re-engineering consultant, is scheduled for January 11, 1995 to try to resolve some of the implementation concerns. I will follow the progress of these discussions and report any progress to your honorable body. I hope this response addresses your concerns. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. No. 49 Exclude Exempt Fire Employees From Raises No. 194 C.C.P. December 27, 1994. This is in response to concerns raised by Council President Arthur at the January 3, 1995 meeting of the Committee on Civil Service. The Council President requested a report of the impact of this exclusion on the disparity between Deputy Fire Commissioner pay and Division Fire Chief pay. Please be advised that prior to January 1, 1995 a Division Fire chief's base pay was $57,967. On January 1, 1995 a Division Fire Chief's base salary was increased by 3.2 percent to $59,822 in accordance with an arbitrator's award. Under the same arbitrator's award, Fire department personnel will receive a parity raise on June 1, 1995 that will provide them comparable pay to similar titles in the Police department. Under this provision of the award, a Division Fire Chief's pay will be increased to that of an Inspector in the Police department; an Inspector earns $60,906 in base salary. A Deputy Fire Commissioner earns $69,482 in base salary. If the Council passes this resolution, as the administration urges, the disparity between a Division Fire Chief's pay and that of a Deputy Fire Commissioner will decrease from $11,515 prior to January 1, 1995 to $8,576 as of June 1, 1995. The administration does not believe that this change will cause difficulties in recruiting Deputy Fire commissioners in the future. I hope this response addresses your concerns. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 50 Certificate of Appointment Appointment effective January 1, 1995 in the Department of Administration and Finance, Division of Budget and Management, Susan E. Thomas, 252 Linwood Avenue, Buffalo, N.Y. 14209 to the position of Management Analyst, Permanent, at the Starting Salary of $39,430. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CIVIL SERVICE COMMISSION No. 51 Info-Appt. Deputy Director Substance Abuse (Max) Item #53, C.C.P., 11/29/94 In reply to your request for information concerning the position of Deputy Director of Substance Abuse Services, please be advised as follows: 1. Examination for this position has been administered twice: October 17, 1992 - adopted January 27, 1993, 4 candidates qualified, 4 reported for exam, no one passed. April 23, 1994 - adopted September 7, 1994, 5 candidates qualified, 5 reported for exam, two passed: 1. Jerome Puma 70.0 2. Lois Shapiro 70.0 The eligible list resulting from the examination held on April 23, 1994, contains less than three names. In accordance with the provisions of the Rules for the Classified Civil Service of the City of Buffalo, Rule 15 (13) Certification of Eligibles, "Whenever an eligible list contains less than three names, the appointing officer may make appointment from such list or proceed as herein otherwise provided in accordance with the provisions of Rule 16(6)." The provisions of Rule 16 - Appointments Subsection 6 - Provisional appointment states: "When there is no appropriate eligible list or an existing eligible list contains less than three names, the appointing officer may nominate a person to the Commission .... he may be appointed provisionally to fill such vacancy until a selection and appointment can be made after competitive examination... 2. Mr. Joseph Mazza was nominated by the Commissioner of the Department of Human Resources to fill the position of Deputy Director of Substance Abuse on a provisional basis. The minimum qualifications for this position are as follows: (A) Masters Degree from an accredited college or university in Business Administration, Public Administration, Human Service or Mental Health discipline and FOUR YEARS of full time experience in a public or private agency or program which directly or indirectly provides substance abuse counseling; with a minimum of two years supervisory and one year administrative experience; OR (B) Bachelors Degree from an accredited college or university in Business Administration, Public Administration, Human Service or Mental Health discipline and SIX YEARS of full time experience in a public or private agency or program which directly or indirectly provides substance abuse counseling; with a minimum of four years supervisory and two years administrative experience; OR (C) an equivalent combination as defined within the limits of A and B. Acceptable Educational Disciplines: Psychology, Social Work, Counseling, Rehabilitation, Vocational or Psychology Counseling, Sociology, Welfare, Education Psychology, Criminal Justice. Mr. Mazza was qualified under Section B. It is my understanding that before the Commissioner of the Department of Human Resources can nominate an individual to positions within the Division of Substance Abuse Services, said individual must be approved by the State Division of Substance Abuse Services. 3. Mr. Mazza filed and participated in the examination held on October 17, 1992. He did not participate in the April 23, 1994 examination. 4. I forward a copy of the letter requesting examination assistance from the New York State Department of Civil Service for the position of Deputy Director of Substance Abuse to Chairperson Rosemarie LoTempio. Upon notification from the State Civil Service Department of the date of this examination, the Committee on Civil Service will be notified of same. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 52 J. Thomas - Request Reinstatement to Fire Department Item #113, C.C.P., 11/15/94 Council President George K. Arthur requested information concerning the reinstatement of Joseph Scinta to the Buffalo Police Department several years after he had resigned. A review of our records indicates Mr. Scinta resigned on October 5, 1975. Layoffs occurred in the Buffalo Police Department effective July 1, 1976. At a meeting held on July 7, 1976, the Commission directed Mr. Scinta's name be placed on the preferred eligible list at position #36. Mr. Scinta was reinstated to his position of Police Officer effective July 23, 1979. His name was certified from the preferred eligible list. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY COURT No. 53 Recover cost From Housing Court Fines I am writing to you in response to resolution 187, C.C.P. December 27, 1994 entitled "Recover Cost for Housing Court". This resolution would indeed benefit the City of Buffalo as the concept provides for reimbursement of City expenditures that were incurred to correct an ordinance violation. The basis for restitution or reparation for actual out-of-pocket loss caused by an offense is presently addressed in New York State Penal Law 60.27. As the commentary to the legislation notes, several issues must be addressed by the Court prior to imposition of restitution or reparation including but not limited to, determination as to who is the "crime victim" due process considerations and other interest of justice concerns. If you are, interested, I am available to meet with you in my chambers in the City Court of Buffalo to further discuss this proposal. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. FROM THE BOARD OF EDUCATION No. 54 Lighted School House Program The Buffalo Board of Education Members voted unanimously at the December 21, 1994 Board Meeting to reduce the Lighted School House Program hourly cost by 18.1 % (see attached). As Chairman of the Education Committee you and your colleagues have continually sought a reduction in the cost of the Lighted School House Program. This reduction of 18.1% is a significant movement on the part of the Buffalo Board of Education and will result in additional, days for the 1994-1995 program. The reduction is effective as of the program starting date, November 1, 1994. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. FROM THE BUFFALO URBAN RENEWAL AGENCY No. 55 Donation of Clocks To City By Allentown Village Society On June 23, 1994, Item #57 Your Honorable Body approved both the donation and respective locations for the above referenced clocks. The Allentown Village Society has requested that one clock which was to have been installed at the corner of Delaware and North be relocated to the South West corner of Tupper and Delaware in the vicinity of the Dow Building. The reason which the society requested this change is due to the fact that the new Walgreens store at North and Delaware Avenues has installed two large facial clocks on this building and adding a third clock at this location serves no purpose. We are requesting Your Honorable approve of this item at your earliest convenience. Mr. Pitts moved: That the communication from the Buffalo Urban Renewal Agency, dated December 21, 1994, be received and filed; and That the Buffalo Urban Renewal Agency is authorized to grant The Allentown Village Society permission to move a clock to the South West corner of Tupper and Delaware in the vicinity of the Dow Building. PASSED. AYES- 12 NOES - 0. FROM THE CITY CLERK No. 56 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: Street Sanitation- Harvey Jones, Kenneth Wheeler RECEIVED AND FILED. No. 57 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: City Planning Board Municipal Housing Authority RECEIVED AND FILED. No. 58 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 January 4, 1994 in the Department of Common Council Bryon Daniels 46 Kerns Ave., Buffalo, 14211 to the position of Intern III, Seasonal, at the Flat Starting Salary of $5.00 hr. Appointment effective December 22, 1994 in the Department of Common Council Christopher Lasky, 91 Englewood Ave., Buffalo, 14220 to the position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00 hr. No. 59 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. EXECUTIVE DEPARTMENT - MAYOR'S OFFICE Appointment effective December 29, 1994 in the Department of Executive Division of Mayors Office for Senior Citizens Frances T. Pelonero, 295 Ashland Avenue, Buffalo, NY 14222, to the position of Senior Citizen Aide, Seasonal, at the Flat Starting Salary of $5.20 per hr. DEPARTMENT OF PUBLIC WORKS Appointment effective December 27, 1994 in the Department of Public Works, Division of Water, Clare M. Yager, 99 Hollywood Avenue, Buffalo, 14220, to the position of Account Clerk, Temporary, at the Flat Starting Salary of $5.46 Hour. Appointment effective December 26, 1994 in the Department of Public Works, Division of Engineering, to the position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22 per hr. Shannon V. Long, 134 Ramsdell, Buffalo, New York 14216 Cleveland R. Kirkland, Jr., 148 Norwalk Ave., Buffalo, NY 14216 Appointment effective January 4, 1995 in the Department of Public Works Division of Engineering, to the position of Laborer I, Seasonal, at the Flat Starting Salary of $ 6.22 per hr. Ernest Watson, 32 Davis Street, Buffalo, New York 14204 John Thomas, 38A Altruria St, Buffalo, New York 14220 DEPARTMENT OF HUMAN RESOURCES Appointment effective January 9, 1995 in the Department of Human Resources Division of Substance Abuse Services, Ndidi H. Nwabugwu, 193 Minnesota Ave., Buffalo 14214, to the position of Reimbursement Specialist, Provisional, at the minimum Starting Salary of $22,887. DEPARTMENT OF FIRE Appointment effective December 23, 1994 in the Department of Fire Peter Kertzie, 59 Doe Haven Circle, Lancaster, NY 14043, to the position of Fire Lieutenant, Permanent, at the Flat Starting Salary of $45,982. Appointment effective December 23, 1994 in the Department of Fire, to the position of Fire Lieutenant, Contingent Permanent, at the Flat Starting Salary of $45,982. Paul Beale, 362 Wardman Road, Kenmore 14217 Michael D'Orazio, 54 Parktrail Lane, Cheektowaga, 14227 Appointment effective December 23, 1994 in the Department of Fire to the position of Fire Lieutenant, Contingent permanent, at the flat Starting Salary of $ 45,982. James Twist, 1888 Transit Road, West Seneca 14224 Thomas Rapp, 278 Desmond Drive, Tn. Tonawanda, 14150 William Smith, Jr., 87 O'Connor Avenue, 14220 Appointment effective December 23, 1994 in the Department of Fire Patrick Britzzlaro, 41 Cushing 14220, to the position of Fire Captain, Contingent Permanent, at the Flat Starting Salary of $48,224. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 60 B.E.D.C. Audit Report-Year Ending 5/31/94 Pursuant to the Charter and ordinances of the City of Buffalo, Article IV - City Development Agencies - Section 6-23, we are hereby submitting four (4) copies of an audited financial statement for The Buffalo Enterprise Development Corporation for the year ending May 31, 1994. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 61 NYSDEC 21 Abandoned Drums at E. Delavan Ave. This letter is being sent to notify the City of Buffalo that twenty-one, (55) gallon drums of suspected hazardous waste are present on a parcel of land which the City owns on the south side of East Delavan Ave., west of Fillmore Ave. (see site map, attached). Property ownership was confirmed via a call to the City Tax Assessor's office on December 21, 1994. According to the Assessor, this property was acquired by the City on November 18, 1990 by a Referee's Deed from the previous owner, Walter J. Jones. The drums were reported by a citizen complaint to the New York State Department of Environmental Conservation (DEC) Division of Spills Management (DSM) on December 5, 1994. Upon an initial inspection by the DSM, it was reported that most of the drums had not leaked and that many of the drums had labels indicating that the contents were of a lacquer paint product. The DSM referred the drums to the Division of Hazardous Waste Remediation (DHWR) on December 15, 1994 for cleanup action due to the alleged hazardous nature of the material in the drums. On December 20, 1994 the DHWR inspected this site along with Mr. Robert Sienkewicz of the City of Buffalo, Department of Inspection and Community Revitalization. The drums were located on the west side of an open field near a fence next to a set of railroad tracks. No leakage was noted , although, a slight chemical odor was present. Most of the drums appeared to have legible labelling indicating the lacquer paint material mentioned above. State Superfund money is available in limited amounts for the cleanup of hazardous waste meeting certain criteria. Article 27, Title 13 of the New York State Environmental Conservation Law and section 97-b of the State Finance Law describe the conditions for fund-financed removals. However, the law requires the DEC to make every effort to recover all money expended for the cleanup from the responsible party. As property owner, the City of Buffalo is considered the Responsible Party for the disposal of the above noted drums. Therefore, the DEC is requesting that the City respond within 10 days of receipt of this letter, in writing, on what action they will take on the proper disposal of these drums. Please be advised that such a disposal must be in accordance with all applicable State and Federal Laws, Rules and Regulations. I am prepared to undertake the appropriate cleanup action on January 2, 1995. Therefore, I encourage you to contact me or Mr. Martin Doster at 851-7220. REFERRED TO THE ENVIRONMENTAL MANAGEMENT COMMISSION. No. 62 NYSDEC 30 Abandoned Drums - 795 Jefferson Street On October 25, 1994 this office wrote a letter to you regarding the circumstances surrounding the disappearance of drums from property under the management of the City. In that letter the Department requested a response by November 14, 1994. To date, this office has not received a response to the concerns outlined in the October letter. I have attached the October letter for your convenience and request that your office respond in writing as soon as possible. As you are aware, the Department is concerned about this matter and the information requested would assist us in better understanding the situation. Therefore, please forward the requested information to my attention on or before January 2, 1995. REFERRED TO THE ENVIRONMENTAL MANAGEMENT COMMISSION. No. 63 NIAGARA MOHAWK POWER CORP. Comments On "Green Pricing" In an apparent response to a newspaper article (Buffalo News, December 22, 1994, page B-1, attached), the Buffalo Common Council has approved a resolution opposing Niagara Mohawk's "green pricing" program. We respectfully submit that the newspaper account, and the wording of the subsequent resolution, substantially misinterpret the intent of Niagara Mohawk's Proposed program. The facts of the program, which were either misunderstood or not included in the newspaper account, are as follows: 1. This program is based on the results of market research done among our residential electric customers that indicates an apparent desire on the part of some customers to include renewable energy sources (such as wind-power and solar photovoltaic) in Niagara Mohawk's total energy mix. These customers have also indicated a willingness to pay for Such sources. 2. Any funds collected under the green pricing program will be used for commercially available, albeit small, renewable energy projects and not for "experiments" as indicated elsewhere. This is not an R&D program. Contracts that are awarded for these projects will include performance guarantees. A small amount of the funds will also be dedicated to tree planting projects that are specially designed to reduce air pollution throughout our service territory. 3. By state law and regulation, utilities are required to provide energy to their customers using the lowest-cost forms of electrical generation that are generally and adequately available. Currently, many of the renewable technologies cost more, and therefore, Niagara Mohawk cannot arbitrarily include them in its energy mix. Green pricing will allow residential electric customers to choose to replace a portion of the energy generated on their behalf through fossil fuel generation with renewable energy sources. 4. Finally, and most importantly, green pricing is a completely voluntary partnership with Niagara Mohawk. Its success or failure will be purely dependent on the desires and demands of the marketplace. The program will also be self-financed, meaning that a separate, auditable account will be used for green pricing expenditures and the revenues received from non-participating customers (whether residential, commercial, or industrial) will be used to finance the program. To demonstrate their support for the program, Niagara Mohawk's shareholders will forego any profit on the revenues associated with green pricing. All of Niagara Mohawk's customers--whether they choose to become green pricing subscribers or not--can be assured that Niagara Mohawk will continue to comply with environmental laws and regulations and to seek out low-or no-cost opportunities that benefit the environment. The green pricing program will provide a way for our customers to go beyond compliance in support of a cleaner environment, if they so choose. The Company appreciates the Common Council's concern about rising energy prices and the impact on our customers. We, too, are concerned and have undertaken many steps, some severe, to reduce our costs so that we can help to hold the line on energy prices. A voluntary program, such as green pricing, is a way to answer the needs of those seeking alternative energy sources without placing any burden on those customers who do not wish to participate. It is also a first step in providing our customers with energy choices. Should you require more specific information about the green pricing program, please feel free to contact me at any time. Thank you fur your consideration. REFERRED TO THE COMMITTEE ON FINANCE. No. 64 SHEA'S Erect Banner-Pearl St. Please consider this a formal request for a banner which will hang across Pearl Street in downtown Buffalo. The professionally made plastic banner will promote our upcoming performances. The banner will hang from Shea's to a light standard opposite Shea's. Our banner will create excitement and encourage patrons to come downtown. It will welcome vehicular traffic travelling down Pearl Street. We will provide the staff to hang each banner and purchase the required insurance. We are requesting approval to display a banner across Pearl Street for the following performances during the remainder of our 1994/95 season, Performance Dates To Hang JELLY'S LAST JAM Jan 13 - Feb 13 THE SECRET GARDEN Feb 13 - March 19 CRAZY FOR YOU March 19 - April 16 JOSEPH AND THE AMAZING TECHNICOLOR DREAMCOAT April 17 - May 8 CATS May 8 - June 5 SHEA'S GENERIC All summer As an example, the legend for JELLY'S LAST JAM will read: Shea's Performing Arts Center 852-5000 JELLY'S LAST JAM Feb 10 - 12 We look forward to making this promotion work to encourage people to come down to Buffalo's Theatre district. Thank you for your consideration of this request and your past support. Mr. Pitts moved: That the communication from Shea's Performing Arts Center, dated January 4, 1995, be received and filed; and That the Shea's Performing Arts Center is granted permission to hang a banner across Pearl Street on January 13-June 5, 1995 and all summer for various performances at the Center upon the conditions as set forth by the Commissioner of Public Works and the Corporation Counsel. PASSED. AYES- 12 NOES- 0. No. 65 TCI OF N.Y. INC. Channels Added To Basic/Rate Increase Enclosed please find, for your records, a copy of our recent correspondence sent to the Mayor of the City of Buffalo as well as to each individual Councilmember. Effective December 31, 1994, TCI of New York will add three (3) cable Channels to our current Expanded Basic Cable line-up. Rates for Expanded Basic Cable will increase by $.96 as of February 1, 1995. All Subscribers will be informed via direct mail thirty (30) days prior to the rate increase date. As Always, if you have any questions or would like further information, please don not hesitate to contact me at 862-4640. REFERRED TO THE SPECIAL COMMITTEE ON CATV. PETITIONS No. 66 Maxine Hackett, owner, petition to Use 69 Brunswick to install siding. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. REGULAR COMMITTEES CIVIL SERVICE HON. ROSEMARIE LOTEMPIO CHAIRMAN No. 67 Salary Ordinance Amendment Section 9 of Chapter 35 Salary and Wage Schedule "K" 1994-95 (Item No. 188, C.C.P., Dec. 27, 1994) That the Salary Ordinance Amendment as contained in Item No. 188, C.C.P., December 27, 1994, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 68 Salary Ordinance Amendment 98 - Department of Water 022 - Engineering & Inspection of Water Line (Item No. 189, C.C.P., Dec. 27, 1994) That the Salary Ordinance Amendment as contained in Item No. 189, C.C.P. December 27, 1994, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 69 Salary Ordinance Amendment 50 - Department of Human Resources 4 - Division of Substance Abuse Services 011 - YDA-DACC Narcotic Control Program (Item No. 190, C.C.P., Dec. 27, 1994) That the Salary Ordinance Amendment as contained in Item No. 190, C.C.P., December 27, 1994, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 70 Salary Ordinance Amendment Various Departments (Item No. 191, C.C.P., Dec. 27, 1994) That the Salary Ordinance Amendment as contained in Item No. 191, C.C.P., December 27, 1994, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 71 Extend Residency Waiver (ICR) (Item # 67 CCP October 4, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 72 Expel Felons From NYS Retirement System (Item # 166 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 73 Expel Felons From Retirement System (CSC) (Item # 88 CCP November 15, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 74 NYS ERS - Drop Felons From System (Item # 76 CCP November 29, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 75 Withhold Payments To Those Under Investigation (A&F) (Item # 47 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 76 Retro Pay - Fiscal Supervisor (CC) (Item # 55 CCP November 15, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 77 Retro Pay Increase (CC) (Item # 62 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 78 Appointment Chief Water Pollution Inspector That Communication No. 55 December 27, 1994 be received and filed an the permanent appointment of Dominic DiSalvo stated above at the maximum salary $28,103.00 effective on December 19, 1994 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 79 Appointment Chief Building Inspector That Communication No. 81 December 27, 1994 be received and filed and the permanent appointment of Matthew Baudo stated above at the maximum salary $40,527.00 effective on December 19, 1994 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 80 Appointment Chief Building Inspector That Communication No. 82 December 27, 1994 be received and filed and the temporary appointment of Gary Ziolkowski stated above at the maximum salary $40,527.00 effective on December 19, 1994 is hereby approved. PASSED. AYES- 12 NOES- 0. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 81 Assignment of Contracts - Solid Waste CID Solid Waste (Item No. 19, C.C.P., Nov. 29, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the Commissioner of Public Works, be and he hereby is authorized to assign the contracts for solid waste from Integrated Waste Services, Inc, to CID Refuse Services on the condition they receive an operating permit from the State Department of Environmental Conservation. ADOPTED. No. 82 Drug Interdiction/Points of Entry Grant Program Renewal 1994-95 (Item No. 59, C.C.P., Dec. 27, 1994) That the Mayor be, and he hereby is, authorized to enter into the Drug Interdiction/Points of Entry Grant Program between the City and the New York State Division of Criminal Justice Services for the period December 1, 1994 through November 30, 1995. Under this agreement, the State will provide the City of Buffalo with $157,500 to enhance the Police Department's efforts toward combatting narcotics trafficking from various "points of entry" into the City. The Commissioner of Police is also requesting that the Comptroller be authorized to provide for an inter-fund cash loan in the amount of $48,440 as cash advance for all non-personnel expenses (which are listed in the grant narrative budget attached to the above item) until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant program. PASSED. AYES- 12 NOES- 0. No. 83 Request Update on Pilot Field - Naming Rights Default Suit (Item No. 213, C.C.P., Nov. 15, 1994) That this Common Council requests and update from the Corporation Counsel on the Pilot Field Naming Rights Default Suit; and 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. ADOPTED. No. 84 Status - Pilot Field Litigation (CC) (Item # 32 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 85 Water Quality Problems (Item No. 119, C.C.P., Dec. 13, 1994) That this Common Council requests the Commissioner of Public Works to answer the following questions: 1. What is the Department's explanation for the health alert and the turbidity level? 2. Does the City anticipate installing filters adequate to filter out cryptosporidium and to avoid further health alerts? 3. What is the Water Authority's capital improvement program for the next five years? 4. Why isn't the chlorination process adequate to kill cryptosporidium? 5. What is the cause of the poor taste of the city's water and is it related to an inability to filter suspended solids? 6. Will anticipated filtration changes improve the taste of city water? 7. If not, what changes are needed? 8. Is there any back up system in place for water supply that would allow Western New York municipalities to be assured of a safe water supply if their primary water system falters or fails? 9. If not, what would it take to establish a "mutual aid" backup system? 10. How can an effective system be established for notifying the public with accurate information when health emergencies such as this occur? That this Common Council requests the Erie County Health Department, as the agency which issued the health alert, to answer the following questions: 1. What is the rationale for advising only certain people to boil the water before using it and how sure are we that those are the only people likely to be affected? 2. What are the worst-case health impacts that the alert was intended to avoid? 3. Is anyone monitoring hospital and clinic reports for evidence of health effects from Buffalo's water? 4. How did hospitals and nursing homes, which house large numbers of people with weakened immune systems, cope with the health alert? 5. Are there other health-threatening organisms in addition to cryptosporidium that are more likely to be in the finished water under turbid conditions? ADOPTED. No. 86 Water Quality Problem (PW) (Item # 46 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 87 Lease 103 Wohlers to Community Action Information Center (Item No. 20, C.C.P., Dec. 27, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the Comptroller be, and he hereby is authorized to enter into a lease agreement between the City of Buffalo and Rosa Gibson, President of Community Action Information Center, for the lease of 103 Wohlers, for two years with an option to buy, the annual rental to be charged is $200.00 (Two Hundred Dollars); and that the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. PASSED. AYES- 12 NOES- 0. No. 88 Convey 16 Concord To Former Owner (Item No. 11, C.C.P., Dec. 27, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved; That the Comptroller be, and he hereby is authorized to reconvey title to Mr. Timothy Wolkiewicz upon payment of the taxes that were due along with accrued taxes, penalties and interest to date which amounts to $404.99; and that the Corporation Counsel prepare the necessary documents for the transfer and that the Mayor be authorized to execute the same. PASSED. AYES- 12 NOES- 0. No. 89 Results of Negotiations - 421 Pratt Street (Item No. 16, C.C.P., Dec. 27, 1994) That the offer of Ms. Linda M. Ogden, of 425 Pratt Street, in the sum of $1,000.00 (One Thousand Dollars) to purchase the property described as 421 Pratt Street, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon with the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser. PASSED. AYES- 12 NOES- 0. No. 90 White Real Estate - Offer Purchase 1429 Jefferson (Item # 107 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 91 Title Status/Immediate Demolition of 1143 Seneca Street (Item No. 184, C.C.P., Dec. 27, 1994) That the Inspections Department check on the status of the Title Search for this property and report to the Common Council on whether the city should look for another Title Search Company if it takes over five months to receive a Title Search back; and That 1143 Seneca Street be demolished due to the fact that it is unsafe and has already been written for demolition and the residents of the Seneca-Babcock neighborhood have suffered for over a year with living nearby this dangerous and unappealing structure. ADOPTED. No. 92 Ordinance Amendment Chapter 175 - Fees (Licenses - Alarm Services) (Item No. 192, C.C.P., Dec. 27, 1994) That the Ordinance Amendment as contained in Item No. 192, C.C.P., November 15, 1994, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 93 Ordinance Amendment Chapter 263-12 ( Alarm Ordinance) (Item No. 193, C.C.P., Dec. 27, 1994) That the Ordinance Amendment as contained in Item No. 193, C.C.P., December 27, 1994, be, and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 94 Hire Consultant - Squaw Island Landfill Closure (Item No. 38, Dec. 27, 1994) That the Commissioner of Public Works be, and he hereby is authorized to engage the services of a Consulting Engineer to prepare the final reports required by the New York State Department of Environmental Conservation for the approval of the project for the Closure of the Squaw Island Landfill. The consultant will also prepare the Master Plan for the proposed park, the construction plans and specifications and receive bids for the Squaw Island Landfill Closure Project. Funds for the consulting engineer are available in the reserve for capital projects account and the construction funding for Phase I of the four (4) phase project was approved in the 1994-95 capital improvement budget and will he available when the bonds are sold. PASSED. AYES- 12 NOES- 0. No. 95 Report of Bids Painting of Street Light Standards 1994-1995 (Item No. 41, C.C.P., Dec. 27, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Painting of Street Light Standards 1994-95, to T&T Contracting, the lowest responsible bidder, in an amount of $118,638.00, plus approved unit prices not to exceed an additional amount of $6,362.00, for a total encumbrance of $125,000.00. Funds for this work are available in the Capital Projects Fund #200-401-507-00-000. PASSED. AYES- 12 NOES- 0. No. 96 Report of Bids Citywide Tree Planting for Spring 1995 (Item No. 57, C.C.P., Dec. 27, 1994) That the Commissioner of Parks be, and he hereby is, authorized to award a contract for Citywide Tree Planting for Spring 1995, to Gleason's Nursery, Inc., the lowest responsible bidder, in the amount of $19,275.00. Funds for this work are available in the 60-1 Parks 100-601-012-00-538. PASSED. AYES- 12 NOES- 0. No. 97 Auction Obsolete Vehicle Parts (Item No. 88, C.C.P., Dec. 27, 1994) That the Commissioner of General Services be, and he hereby is authorized to auction or transfer the obsolete inventory of vehicle parts, as listed in the above communication. PASSED. AYES- 12 NOES- 0. No. 98 Change in Contract - New Roof Historical Society (Item No. 42, C.C.P., Dec. 27, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1 to All Weather Contractors, Inc., changes resulting in a net increase in the amount of $15,935.00, as more fully described in the above communication, for contract relating to New Roof, at the Historical Society, Contract No. 91792500. PASSED. AYES- 12 NOES- 0. No. 99 Change in Contract - Filtration Plant Improvements (Item No. 43, C.C.P., Dec. 27, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1 to Ferguson Electric Construction, changes resulting in a net increase in the amount of $9,488.00, as more fully described in the above communication, for contract relating to Filtration Plant Improvements - Filter Instrumentation Replacement, Contract No. 5E, City Contract 91770300. PASSED. AYES- 12 NOES- 0. No. 100 Authorization to Repair Loader (Item No. 44, C.C.P., Dec. 27, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to repair City Vehicle #S-710-E a John Deere Loader, 1971 Model JD-544 "B", through Mecca-Krull Corporation, the lowest responsible bidder, in the amount of $7,930.00. Funds for this work are available in Division of Engineering Capital Account #200-401-507-00-000. PASSED. AYES- 12 NOES- 0. No. 101 T. Kimmich - Compromise Water Bill - 1554 Seneca (Item # 73 CCP November 29, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 102 Compromise Water Bill - 1554 Seneca (PW) (Item # 47 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 103 Scrutiny of In Rem Purchasers (Item No. 214, C.C.P., Nov. 15, 1994) That the Commissioner of Assessment, in conformance with the consensus of this Common Council and various city departments, rescind any sale from this Year's 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 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. d. Establish a review process for In Rem purchases and the investigation of individuals interested in purchasing In Rem properties to include a criminal examination of each individual in order to prevent transfer of city-owned properties for illegal use. PASSED. AYES- 12 NOES- 0. No. 104 R. Salvador - Request Relief On Hsg. Court Matters (Item # 83 CCP October 18, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 105 Request Relief From Hsg. Court Matters (ICR) (Item # 75 CCP November 15, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 106 Removal of Michigan Avenue Bridge (Item No. 142, C.C.P., Dec. 13, 1994) That the Department of Public Works provide a report on the present condition of the Michigan Avenue Bridge; and That the Commissioner of Public Works requests monies from the State Department of Transportation to demolish the bridge immediately. ADOPTED. No. 107 NYSDOT - Removal of Michigan Avenue Bridge (Item # 103 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 108 Monthly Overtime Report (Compt) (Item # 17 CCP September 6, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 109 Monthly Overtime Report (Compt) (Item # 19 CCP October 4, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 110 Monthly Overtime Report (Compt) (Item # 9 CCP November 15, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 111 Overtime Report (A&F) (Item # 75 CCP October 4, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 112 Fire Dept. Overtime (A&F) (Item # 59 CCP October 18, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 113 Local 282- Call Ins - July/Aug. (Item # 74 CCP November 29, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 114 Local 282 - Call Ins - July to Present (Item # 75 CCP November 29, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 115 Audit - Parks Golf Courses (Compt) (Item # 10 CCP November 29, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 116 Reply To Golf Course Audit (Pks) (Item # 25 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 117 Comments On Golf Course Audit (Compt) (Item # 22 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 118 Rita R. Pelczynski - Hazardous Conditions (Item No. 140, C.C.P., Sep. 6, 1994) That the Department of Inspections and Community Revitalization, and Division of Parking Enforcement are, hereby authorized to correct the hazardous conditions at 35 Rommel Avenue. ADOPTED. No. 119 Opening of Rotary Ice Rink (Item # 138 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 120 Polish Community Center, Petition to Rezone 104-132 Lewis Street and 129 Jones Street (Item No. 70, C.C.P., Mar. 8, 1994) That the Common Council of the City of Buffalo do hereby ordain as follows: That that part of the Zoning Ordinances of the City of Buffalo, Section 511-126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a "R5" District rather than a "R-3" and "R-2" District for the premises known as 104-132 Lewis Street, and 129 Jones Street, Buffalo, more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie, State of New York, beginning at a point at the southwest intersection of Lewis and Lyman Streets, running 300 feet south along the western line of Lewis Street; running thence 106 feet westerly and parallel with Lyman Street; running thence northerly and parallel with Lewis Street 300 feet; running thence easterly along the southerly line of Lyman Street to the point of beginning and all that tract or parcel of land situate in the City of Buffalo, County of Erie, and State of New York, being part of Lot No. 44, Township 10, Range 8 of the Buffalo Creek Reservation, and according to a map recorded in the Erie County Clerk's Office in Liber 493 of Deeds at Page 304 is known and distinguished as Subdivision Lot No. one hundred and thirty (130). This rezoning shall be effective providing the following condition is met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. That this Common Council finds this action to be an Unlisted Action under the S.E.Q.R. Act and adopts petitioner's findings such that no further environmental review is required under said Act. It is hereby certified, pursuant to Section 34 of the Charter that the immediate passage of the foregoing ordinance is necessary. Approved as to Form Edward Peace Corporation Counsel PASSED. AYES- 12 NOES- 0. No. 121 Polish Comm. Ctr. - Info On Rezoning 104 Lewis (Item # 105 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 122 DeCarolis Truck Rental Petition to use 25 Msgr. Valentine Drive Pole Sign (Item No. 108, C.C.P., Dec. 27, 1994) That after a public hearing before the Committee on Legislation on January 3, 1995, the petition of DeCarolis Truck Rental, owner, for permission to use 25 Msgr. Valentine Drive for a pole sign be, and hereby is approved. PASSED. AYES- 12 NOES- 0. No. 123 Mercy Hospital, Petition To Use 571 South Park - Wall Sign (Item No. 109, C.C.P., Dec. 27, 1994) That after a public hearing before the Committee on Legislation on January 3, 1995, the petition of Mercy Hospital, for permission to use 571 South Park for a wall sign be, and hereby is approved. PASSED. AYES- 12 NOES- 0. No. 124 2230 South Park Limited, Petition To Use 1673 Broadway - Pole Sign (Item No. 110, C.C.P., Dec. 27, 1994) That after a public hearing before the Committee on Legislation on January 3, 1995, the petition of 2230 South Park Limited, owner, for permission to use 1673 Broadway for a pole sign be, and hereby is approved with the condition that the sign is no higher than 21 feet. PASSED. AYES- 12 NOES- 0. No. 125 City of Buffalo, Petition To Use 2057 Genesee St - Pole Sign (Item No. 111, C.C.P., Dec. 27, 1994) That after a public hearing before the Committee on Legislation on January 3, 1995, the petition of City of Buffalo, owner, for permission to use 2057 Genesee Street for a pole sign be, and hereby is approved with the condition that the base of the sign has landscaping and that the sign is no higher than 6 feet. PASSED. AYES- 12 NOES- 0. No. 126 John A. Sciortino, Petition To Use 1085 Niagara Street (Item No. 69, C.C.P., Dec. 13, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved to recommit to the Committee on Legislation. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS- ZUCHLEWSKI- 11. NOES- ARTHUR- 1. No. 127 Use 1085 Niagara (C.P.Bd.) (Item # 6 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 128 Local Law Intro. # 13 - Registration of Owners/Agents (Item No. 132, C.C.P., Dec. 13, 1994) That the Local Law as contained in Item No. 132, C.C.P., December 13, 1994, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 129 Local Law Intro. #14 - Owners and Mortgagees (Item No. 133, C.C.P., Dec. 13, 1994) That the Local Law as contained in Item No. 133, C.C.P., December 13, 1994, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 130 Local Law Intro. #15 - Appt of Tax Agents by Non-Residents (Item No. 134, C.C.P., Dec. 13, 1994) That the Local Law as contained in Item No. 134, C.C.P., December 13, 1994, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 131 Ordinance Amendment Chapter 399 - Smoking (Item No. 176, C.C.P., Dec. 27, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Bell moved: That the Ordinance Amendment as contained in Item No. 176, C.C.P., December 27, 1994 be, and the same hereby is approved. PASSED. AYES- BELL, CZAJKA, FRANCZYK, LOCKWOOD, PERLA, PITTS, ZUCHLEWSKI- 7. NOES- ARTHUR, COLLINS, COPPOLA, HELFER, LOTEMPIO- 5. No. 132 Notification Serials 8422-26 (PW) (Item # 15 CCP December 13, 1994) That notification serial numbers 8422 and 8424 Items be and the same are hereby received and filed. That notification serial numbers 8423, 8425 and 8426 Items be and the same are hereby denied. ADOPTED. No. 133 Explain Fee For Restaurant Licensing (Item # 206 CCP October 4, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 134 Explain Fee For Restaurant Licensing (A&F) (Item # 62 CCP October 18, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 135 Explanation Of Restaurant Licensing (PW) (Item # 45 CCP November 15,1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 136 Mutual Aid Rendered To Lackawanna (Fire) (Item # 50 CCP November 15, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 137 Mutual Aid Rendered To Lackawanna (A&F) (Item # 50 CCP November 29, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 138 Toxic Leak at Peace Bridge (Fire) (Item #61 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 139 E.C. Emerg. Serv. - Toxic Leak - Peace Bridge (Item # 98 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 140 Results - Use of Reformulated Gasoline (PW) (Item # 52 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 141 Roswell Park - Minority Participation in Modernization (Item # 106 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 142 Key Ctr. - Police Response to 911 Calls (Item # 100 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 143 By: Mr. Arthur Sales Tax Distribution Memorialization Whereas: Erie County Executive Dennis Gorski included in his 1995 budget projected revenue from the extension of the additional one-percent (1%) sales tax; and Whereas: The Erie County Legislature adopted the county budget with the extra one-percent (1%) sales tax included, and, in addition, has formally requested the New York State Legislature to again authorize the additional one-percent (1%) sales tax for Erie County; and Whereas: Since the county has made final payment on the $75 million debt for which the additional one-percent (1%) sales tax was originally authorized, it is patently unfair for Erie County to keep all revenues generated from the eighth percent in light of the economic hardships that the City of Buffalo and other Erie County cities, towns and villages are experiencing; and Whereas: The Common Council of the City of Buffalo supports the extension of the additional one-percent (1%) for the 1995 county fiscal year, with Erie County receiving all revenues generated from the additional one-percent (1%), and strongly supports establishing a permanent eight percent (8%) sales tax beginning in fiscal year 1996 with the provision that a graduated distribution of the additional one-percent (1%) for all cities, towns and villages in Erie County be included in the legislation. Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo memorializes the New York State Legislature to authorize the extension of the additional one-percent (1%) New York State Sales Tax for the County of Erie for fiscal year 1995 with the following conditions: A. a permanent eight-percent (8%) sales tax is established for Erie County beginning in fiscal year 1996; and B. in 1996, one-quarter (1/4) of the additional one-percent (1%) be distributed to all Erie County cities, villages and towns in the same 'manner as described in the sales tax agreement; and C. in the three years following 1996, the distribution of the additional one-percent (1%) to all Erie County cities, villages, and towns be increased by one-quarter (1/4) of one-percent (1%) each year until the full eighth percent is distributed to all Erie County cities, villages, and towns in the same manner as described in the sales tax agreement; and Be It Further Resolved That: This Common Council direct the City Clerk to forward certified copies of this resolution to the Secretary of the New York State Senate, the Clerk of the New York State Assembly, the local delegation of the New York State Legislature, the Erie County Executive, the Erie County Legislature, and all Town Boards in Erie County. ADOPTED. No. 144 By: Messrs. Bell and Pitts Report on Crossroads Compliance With Affirmative Action Requirements Whereas: Crossroads Arena Corporation, the wholly owned subsidiary of the Buffalo Sabres created to construct and operate the new arena, agreed that at least 25 percent of the work on the $122.5 million project would be given to companies owned by women or minorities; and Whereas: On January 2, 1995 the Buffalo News published a list of firms that have already benefitted financially from the project for such services as archaeological work, excavation, environmental work, and legal services; and Whereas: The publishing of the names of the firms already awarded contracts has raised questions regarding the status of Crossroads' compliance with the requirement for participation by minorities and women; Now, Therefore, Be It Resolved: That Crossroads Arena Corporation be requested to file a status report listing all firms that have been awarded contracts to this point, and specify which of those companies are owned by women or minorities. REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE, CORPORATION COUNSEL AND THE BUFFALO SABRES. No. 145 By: Mr. Collins Common Council - Legislative - Councilmember 6 Common Council - Legislative - Capital Outlays That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $1,900 be and the same is hereby transferred from the Common Council - Legislative and said sum is hereby reappropriated as set forth below: From: 100 General Fund 01 - Common Council 0 - Legislative 006 - Councilmember 6 110 - Salaries - Regular $1,300 305 - Meals & Lodging 300 306 - Registration Fees & Dues 300 Total $1,900 To: 100 General Fund 01 - Common Council 0 - Legislative 085 - Exempt Items 982 - Equipment & Furnishings $1,900 PASSED. AYES- 12 NOES- 0. No. 146 By: Mr. Collins Increased Appropriation City Revenue Division of Housing and Property Inspection That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Department of Inspections and Community Revitalization, Division of Housing and Property Inspection be and the same hereby is increased in the sum of $30,000 That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: Revenue City 100 General Fund 24-1 - Division of Housing and Property Inspection 404 -Federal 81112 - Community Development Block Grant $30,000 To meet the increased appropriation as set forth below: 100 General Fund 24 - Department of Inspections and Community Revitalization 1 - Division of Housing and Property Inspection 011 - Inspections and Enforcement 110 - Salaries - Regular $30,000 PASSED. AYES- 12 NOES- 0. No. 147 By: Mr. Collins Bond Resolution $2,415,000 Bonds Reconstruction of Streets Account 200-717-013 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,415,000 General Improvement Bonds of said City to finance the cost of construction and reconstruction of streets in the City, including extension of Exchange St. and partial reconstruction of Carroll Street, at the estimated total cost of $2,415,000. 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 Two Million Four Hundred Fifteen Thousand Dollars ($2,415,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the construction and reconstruction of streets in the City, including extension of Exchange St. between the existing east terminus of Exchange Street and Smith Street, and partial reconstruction of Carroll Street between Chicago and Louisiana. 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 $2,415,000 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, "Reconstruction of Exchange Street - Phase 1, 1994-95 ", Bond Authorization Account No. 200-717-013, 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 $2,415,000. 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: January 10, 1995 LAID ON THE TABLE. No. 148 By: Mr. Coppola Restaurant License Fees Whereas: Restaurant owners in the City of Buffalo are required to secure a series of permits yearly from all levels of government for the privilege of owning a business; and Whereas: Restaurant owners must secure a County Health Permit at a cost of $91, and are inspected three times a year by the county health inspector for health-related and sanitary reasons; and Whereas: They must also pay a fee depending on the seating capacity to secure a restaurant license from the city, and if their business includes catering or takeout must also have a license at a cost of $31.52 each, neither of which involves an inspection by city inspectors; and Whereas: Restaurant owners must also secure permits or licenses from the city for vending machines at $31.50, music at $52.50, dancing at $131.25, and outside patio according to square footage; but the only yearly inspection offered by the city may be the Fire Department inspection for exit signs, fire extinguishers, etc.; and Whereas: Restaurant owners pay for zoning variances, building permits, plumbing and electrical permits, and signage, and are inspected when the business first opens but rarely are inspected after that unless complaints are received; and Whereas: It appears that the majority of licenses and permits are strictly revenue generating devices guaranteeing the city a certain amount of revenue yearly but, in fact, inhibit business growth and prosperity by causing hardship. Now Therefore Be It Resolved That This Common Council understands the necessity of certain licensing and permits, which begin the inspection process assuring public health and safety; but questions the necessity of yearly fees as revenue generating devices when the business owner receives no government follow-up or benefit other than the piece of paper on which the permit or license is printed; and Be It Further Resolved That To encourage business growth, this Common Council removes all annual license fees in ordinance 175-1, Chapter 370, Restaurants, which pertain to the operation of restaurants in the City of Buffalo to take effect for fiscal year 1995-96. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 149 By: Mr. Coppola Decrease in USDA Food Whereas: For the past several years, the federal government has been reducing the amount of USDA food available for distribution to hungry and homeless people; and Whereas: The amount of food allotted to Western New York has been steadily reduced from over 4,000,000 pounds in 1991 to 2,000,000 in 1994; and Whereas: The Food Bank of WNY has been informed that it can expect only 1,000,000 pounds in 1995 for the four county area it services; and Whereas: Because the amount of food has been reduced, the number of sites distributing the food has been reduced also thus fewer needy people are being served. Now Therefore Be It Resolved That This Common Council of the City of Buffalo is concerned about the decrease in the amount of USDA food being distributed in the Western New York area and the severe hardship the 3,000,000 pound decrease over the past three years has created for those agencies serving the needy; and Be It Further Resolved That The City Clerk send a certified copy of this resolution to our federal representatives with a request that they lobby for an increase in the amount of USDA food distributed to Western New York because the 3,000,00 pound decrease over the past three years has created severe hardship to those in need. ADOPTED. No. 150 By: Mr. Coppola Memorialize State to Reduce Liquor License Fee Whereas: The New York State Legislature is responsible for setting the fee for liquor licenses; and Whereas: The fee for a liquor license for a restaurant or tavern selling a full compliment of alcoholic beverages in the City of Buffalo is $3,600 for a three-year period, while a liquor license in Cheektowaga for the same kind of establishment is $2,100 for three years; and Whereas: The fees are determined by population density, but according to the 1990 Census the City of Buffalo lost a significant amount of population over the past several decades, presumably to the suburbs; and Whereas: It seems unfair and discriminatory that restaurant and tavern owners in the City of Buffalo pay significantly more for a liquor license than their counterparts and competitors in the suburbs, especially since the suburbs are now more densely populated, just because their business is situated within the city limits; and Whereas: In fairness to all restaurant and tavern owners in Erie County and to improve the business climate in the city, the fee for liquor licenses should be equalized throughout the county. Now Therefore Be It Resolved That This Common Council requests that the City Clerk send a certified copy of this resolution with a request to the Western New York delegation that the Legislature revise the outdated manner in which liquor license fees are set by equalizing the fee for all of Erie County. ADOPTED. No. 151 By: Mr. Franczyk Inspections Department Reform Whereas: The Director of Inspections recently verbalized a catalogue of problems plaguing the Inspections Department before the Legislation Committee; and, Whereas: The upshot of the report by the Director indicated that systematic code enforcement in the city is virtually impossible due to a lack of inspectors, technical ability, or for that matter any real plan to reform and improve the Inspections Department; and, Whereas: The city's aging housing stock continues to deteriorate as neighborhoods lose the battle against slumlords and other irresponsible property owners; and, Whereas: The "failure of the system" was glaringly demonstrated in a Buffalo News article concerning the slum property at 225 Loepere Street, a garbage-infested pestiferous hovel owned by absentee slumlords from Basom, N.Y.; and, Whereas: The Loepere property was reportedly "discovered" by the Mayor's Impact Team, which has been cleaning and improving hard-hit city neighborhoods. Subsequently eight city inspectors, including the Director of Inspections, descended on the property on January 3, 1995; and, Whereas: The shack at 225 Loepere in fact, was not inspected for the first time in recent weeks, but was inspected on May 6, 1994 and scheduled for reinspection on June 30, 1994, yet apparently nothing was done to ensure code compliance at that time, and, Whereas: Eight months have passed since the first inspection at 225 Loepere, yet the system failed to enforce any form of code compliance, underscoring the seeming futility of the inspections system; Now Therefore Be It Resolved, that the Department of Inspections report why its inspection of 225 Loepere in May 1994 failed to bring code compliance, and how often do similar- futile inspections occur?; Be It Further Resolved, that the Inspections Department report what, if any, reforms and improvements the department will implement in 1995; and, that the Inspections Department report on if it will implement any reforms outlined in the Price Waterhouse Study, or will that report, which cost $50,000, gather dust; Be It Further Resolved, that the Inspections Department not merely report that "more inspections were performed than ever," as was tiresomely reported by the former Commissioner, but did these inspections lead to compliance? How will the Inspections Department improve the efficiency of Housing Court? Be It Further Resolved, that the Inspection Department Union head be invited before the Council to discuss his ideas of reform; Be It Finally Resolved, that the Inspections Department report if they will request mote inspectors in their budget, and how many more should be hired. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND LOCAL 2651. No. 152 By: Messrs. Helfer & Zuchlewski and Mrs. Lockwood Ordinance Amendment Chapter 94 Boilers and Engines; Engineers The Common Council of the City of Buffalo does hereby ordain as follows: That Section 94-26 of Chapter 94 of the Code of the City of Buffalo be amended to read as follows: A. Where a power plant is in service regularly day and night, [in the absence of chief engineer, the assistant engineers must hold first class engineer's license if the plant exceeds one hundred fifty (150) horsepower. However, second class engineers may be employed on the same watch with the chief engineer.] a person of sufficient knowledge and training to operate the power plant must be on the Presses at all times in accordance with or as required by state law. B. No power-developing unit [or units] shall be left unattended and without a [properly licensed engineer or refrigeration operator of the required grade] person of sufficient training and knowledge to operate the unit in a safe and efficient manner while such unit is in operation in accordance with or as required by state law. C. One (1) [chief engineer] person of sufficient training and knowledge to operate the unit in a safe and efficient manner may be in charge of more than one (1) power plant as a whole on a general property site of the same owner. Approved As To Form. Edward Peace Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. No. 153 By: Mrs. Lockwood Request the City to Take Measures to Preserve Cobblestone Streets Whereas: Numerous 19th century vintage cobblestone paved streets are still in existence throughout our city; and Whereas: These cobblestone thoroughfares are not only unique and beautiful, but they also enhance property values and are a legacy to Buffalo's past history; and Whereas: Contractors performing repair work on City cobblestone streets have routinely made repairs without replacing removed cobblestone with the same material, nor have they returned cobblestone which is rendered unusable; and Whereas: Current practices of replacing missing cobblestone with asphalt have marred these beautiful streets. Now, Therefore, Be It Resolved: That this Common Council requests the Commissioner of Public Works to require all repairs made to cobblestone streets be made and finished with comparable cobblestone; and Be It Further Resolved: That all contractors assigned to repair cobblestone streets be required to return to the city all cobblestone rendered unusable. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. No. 154 By: Mrs. Lockwood and Messrs. Helfer and Zuchlewski Solid Waste Task Force Whereas: The handling of solid waste issues by the City has profound impacts both on the City's finances and on the local environment; and Whereas: When the Comptroller and Mayor formed a Solid Waste Task Force (SWTF to review the City's solid waste policies, this Council supported the effort and appointed individuals to the SWTF to help in its work; and Whereas: The SWTF was appointed at a timely moment, for the City is in the process of formulating a solid waste management plan as well as renegotiating several contracts which govern solid waste; and Whereas: There needs to be a clear mission for the SWTF so these opportunities can be handled with maximum long term benefit to the City; Now Therefore Be It Resolved, that: This Common Council requests the Solid Waste Task Force to develop and file with the Council a scope of responsibility outlining its objectives and goals. This scope of responsibility should include but not be limited to: Reporting to this Council on the mission and qualifications of the firm chosen to draft the City's Solid Waste Management Plan; Giving oversight and direction to the work of this firm; Reporting to this Council on the strengths and weaknesses of current contracts with IWS/CID, American Ref-Fuel and Parker Bay Associates; Proposing an education program to increase participation in the City's recycling and composing efforts; Developing a city tire disposal program; and Be It Further Resolved, that: No firm be contracted with to undertake the drafting of a solid waste management plan until the Task Force scope of responsibility is defined; and Be It Finally Resolved, that: The Commissioner of Public Works file a list of members of the Solid Waste Task Force with this Council including name, address, appointing authority and qualifications of each member. ADOPTED. No. 155 By Mrs. LoTempio Ordinance Amendment Section 13 7-7 Schedule Of Fines And Penalties The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 137 Code Enforcement, Section 7 Schedule of Fines and Penalties of the Code of the City of Buffalo be amended to read as follows: Type of Violation Fine Additional Maximum Class C $52.50 $52.50 $157.50 CH 413 STREETS AND SIDEWALKS- $52.50 $52.50 $157.50 ARTICLE 1. General Provisions: 413-1, 413-2, 413-3, 413-5, 413-7, 413-8, 413-10,413-11, 413-12 CH 413 STREETS AND SIDEWALKS- $52.50 $52.50 $157.50 ARTICLE 11, Openings and Cuts 413-14, 413-16, 413-17, 413-19, 413-21, 413-22, 413-23, 413-24, 413-25 CH 413 STREETS AND SIDEWALKS- $52.50 $52.50 $157.50 ARTICLE V. Use & Closing of Streets: 413-36, 413-38, 413-40 CH 413 STREETS AND SIDEWALKS- $52.50 $52.50 $157.50 ARTICLE VII, Construction and Maintenance of Sidewalks: 413-42, 413-43, 413-44, 413-45, 413-46, 413-47, 413-48, 413-49 CH 413 STREETS AND SIDEWALKS- $52.50 $52.50 $157.50 ARTICLE IX, Sidewalk Uses-, 413-53, 413-54, 413-55, 413-56, 413-57, 413-58, 413-59, 413-59.1 Class D $105.00 $105.00 $315.00 CH 413 STREETS AND SIDEWALKS- $105.00 $105.00 $315.00 ARTICLE IX, Sidewalk Uses: 413-59 CH 413 STREETS AND SIDEWALKS- $105.00 $105.00 $315.00 ARTICLE X. Permits and Fees 413-63 It is hereby certified, pursuant to section 34 of the Charter of the City of Buffalo, that the immediate passage of the forgoing ordinance is necessary. APPROVED AS TO FORM Edward Peace Corporation Counsel Note: matter underlined is new. PASSED. AYES- 12 NOES- 0. No. 156 By Mr. Perla Discharge Committee on Economic Development LDA - Chester Street New Housing Item No. 75, CCP, Dec. 27, 1994 Whereas, the above item is currently tabled in the Committee on Finance and Whereas, it is no longer necessary for this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Committee on Economic Development from further consideration of this item, and the item is now before the Common Council for its consideration. CARRIED. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, at 2:00 P.M., this date, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Pitts, Seconded by Mr. Perla the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci- Community Revitalization Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Perla. CARRIED. Mr. Pitts moved: Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated omega Homes, Inc. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and Now, Therefore, Be It Resolved: (1) That Omega Homes, Inc. 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 the Chester Street Phase III New Housing Project in the Community Wide Urban Renewal Demonstration Program Area. (2) That the Chairman or Vice chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein and that the Mayor of the City of Buffalo is hereby authorized to execute any and all deeds or other legal documents necessary to convey the property from the city to BURA. PASSED. AYES- 12 NOES- 0. No. 157 By Mr. Perla Discharge Committee on Economic Development LDA - Jefferson Park New Housing Item No. 76, CCP, Dec. 27, 1994 Whereas, the above item is currently tabled in the Committee on Finance and Whereas, it is no longer necessary for this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Committee on Economic Development from further consideration of this item, and the item is now before the Common Council for its consideration. CARRIED. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, at 2:00 P.M., this date, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Pitts, Seconded by Mr. Perla the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci, Community Revitalization Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Perla. CARRIED. Mr. Pitts moved that Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated M.J. Peterson/Forbes Housing, Co. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and Now, Therefore, Be It Resolved: (1) That M.J. Peterson/Forbes Housing, Co. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for the Jefferson Park New Housing Project in the Community Wide Urban Renewal Demonstration Program Area. (2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein and that the Mayor of the City of Buffalo is hereby authorized to execute any and all deeds or other legal documents necessary to convey the property from the city to BURA. PASSED. AYES- 12 NOES- 0. No. 158 By: Mr. Perla Discharge Committee on Economic Development LDA - Peckham Street New Housing Item No. 77, CCP, Dec. 27, 1994 Whereas, the above item is currently tabled in the Committee on Finance and Whereas, it is no longer necessary for this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Committee on Economic Development from further consideration of this item, and the item is now before the Common Council for its consideration. CARRIED. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, at 2:00 P.M., this date, and a Notice of same has been published in the Buffalo News, a copy of which Is attached hereto. On a Motion by Mr. Pitts, Seconded by Mr. Perla the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci- Community Revitalization Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Perla. CARRIED. Mr. Pitts moved that Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated Burke Brothers Construction, Inc. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and Now, Therefore, Be It Resolved: (1) That Burke Brothers Construction, Inc. 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 the Peckham Street New Housing Project in the Community Wide Urban Renewal Demonstration Program Area. (2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein and that the Mayor of the City of Buffalo is hereby authorized to execute any and all deeds or other legal documents necessary to convey the property from the city to BURA. PASSED. AYES- 12 NOES- 0. No. 159 By Mr. Perla Discharge Committee on Economic Development LDA - South Division Street New Housing Item No. 78, CCP, Dec. 27, 1994 Whereas, the above item is currently tabled in the Committee on Finance and Whereas, it is no longer necessary for this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Committee on Economic Development from further consideration of this item, and the item is now before the Common Council for its consideration. CARRIED. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, at 2:00 P.M., this date, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Pitts, Seconded by Mr. Perla the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci- Community Revitalization Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Perla. CARRIED. Mr. Pitts moved that Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated Gal/Van Developers, Inc., and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and Now, Therefore, Be It Resolved: (1) That Gal/Van Developers, Inc. 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 the South Division New Housing Project in the Community Wide Urban Renewal Demonstration Program Area. (2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein and that the Mayor of the City of Buffalo is hereby authorized to execute any and all deeds or other legal documents necessary to convey the property from the city to BURA. PASSED. AYES-12 NOES- 0. No. 160 By Mr. Perla Discharge Committee on Economic Development LDA - Walden Heights New Housing Item No. 79, CCP, Dec. 27, 1994 Whereas, the above item is currently tabled in the Committee on Finance and Whereas, it is no longer necessary for this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Committee on Economic Development from further consideration of this item, and the item is now before the Common Council for its consideration. CARRIED. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, at 2:00 P.M., this date, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Pitts, Seconded by Mr. Perla the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci- Community Revitalization Marge Hastreiter-Oppose Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Perla. CARRIED. Mr. Pitts moved that: Whereas, the Buffalo Urban Renewal Agency (herein referred to as the 'Agency') has duly designated M.J. Peterson/Forbes Housing, Co., James Management, Co. and Marrano Marc Equity Corporation 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 Now, Therefore, Be It Resolved: (1) That M.J. Peterson/Forbes Housing, Co., James Management, Co. and Marrano Marc Equity Corporation 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 the Walden Heights New Housing Project in the Community Wide Urban Renewal Demonstration Program Area. (2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES- 12 NOES- 0. No. 161 By: Mr. Pitts CDBG Section 108 Funds 400 Elmwood Associates, L.P. Whereas, the City of Buffalo seeks to encourage housing opportunities for special need, low income individuals; and Whereas, the Department of Community Development of the City of Buffalo wishes to use a $800,000.00 Section 108 loan for the 400 Elmwood Avenue Project; and Whereas, The United States Department of Housing and Urban Development regulations requires a definitive authorizing resolution. Now, Therefore, be it resolved: 1. That the City of Buffalo and the City of Buffalo Urban Renewal Agency are hereby authorized to enter into a Section 108 Loan as follows: a. The Section 108 loan shall be a pass through loan from the United States Department of Housing and Urban Development. b. That the City of Buffalo is hereby authorized to pledge its Community Development Block Grants as security for the Section 108 loan. c. The loan shall be administered by The Buffalo Enterprise Development Corporation. d. The loan shall be granted to 400 Elmwood Avenue Associates, L.P. (hereinafter referred to as "400 Elmwood"). e. The loan shall be secured by: (i) A lien on fixed assets; A second mortgage and assignment of rents/contracts on 400 Elmwood Avenue; and (iii) Guarantee of Wilbur Trammell. 2. That the Mayor of the City of Buffalo and the Commissioner of Community Development acting in their capacities as Mayor and Commissioner, or Chairman and Vice-Chairman of the City of Buffalo Urban Renewal Agency, respectively, are hereby authorized to execute any and all documents deemed necessary by, their appropriate legal counsel to effect this resolution. PASSED. AYES- BELL, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS- 9. NOES- ARTHUR, COLLINS, ZUCHLEWSKI- 3. No. 162 By: Mr. Pitts CDBG Section 108 Funds Market Arcade Cinema Whereas, on April 5, 1994, Item # 189, the Common Council of the City of Buffalo referred to Committee a resolution authorizing a $2,840,000.00 United States Department of Housing and Urban Development Section 108 Loan; and Whereas, on April 19, 1994, Item # 140, the Common Council of the City of Buffalo received and filed the resolution authorizing a $2,840,000.00 United States Department of Housing and Urban Development Section 108 Loan; and Whereas, the Department of Community Development of the City of Buffalo wishes that the following resolution be approved to use $2,840,000.00 for the Market Arcade Complex Project; and Whereas, The United States Department of Housing and Urban Development regulations now require a more definitive authorizing resolution. Now, Therefore, Be It Resolved: 1. That the City of Buffalo and the City of Buffalo Urban Renewal Agency are hereby authorized to enter into a Section 108 Loan as follows: a. The Section 108 loan shall be a pass through loan from the United States Department of Housing and Urban Development. b. That the City of Buffalo is hereby authorized to pledge its Community Development Block Grants as security for the Section 108 loan. c. The loan shall be administered by The Buffalo Enterprise Development Corporation. d. The loan shall be granted to City of Buffalo Urban Renewal Agency (hereinafter referred to as "BURA"). 2. That the Mayor of the City of Buffalo and the Commissioner of Community Development acting in their capacities as Mayor and Commissioner, or Chairman and Vice-Chairman of the City of Buffalo Urban Renewal Agency, respectively, are hereby authorized to execute any and all documents deemed necessary by their appropriate legal counsel to effect this resolution. PASSED. AYES- 12 NOES- 0. No. 163 By: Messrs. Pitts and Coppola Public Hearing on TCI Rate Increase Whereas: TCI of New York recently announced that the cost for Expanded Basic Cable TV service will increase to $13.34 a month, a monthly rate hike of 96 cents; and Whereas: The cable operator is justifying the increase by offering Prime Sports Showcase, Cable Health Club and E! Entertainment Television; and Whereas: This new programming will only be offered from midnight to 1:00 PM so that the channels can be used for the lucrative and unregulated pay-per-view services during periods of high viewership; and Whereas: Although there has been some subscriber demand for certain cable TV services, such as Sci-Fi Channel, there has been no indication through surveys or other means that the public wants the new channels added by TCI or even the type of programming offered by the newly added services; and Whereas: This change is a blatant attempt to manipulate Federal Communications Commission regulations in order to gouge the consumer; and Whereas: TCI has engaged in this type of nefarious behavior ever since Congress passed the Cable Act of 1992, by instituting a wire maintenance fee and various other new fees and charges and eliminating the senior citizen/handicapped discount; and Whereas: The FCC regulates the Expanded Basic tier, but the FCC has yet to formally respond to complaints made about TCI's rate increases that were submitted to that federal agency more than a year ago; and Whereas: Cable TV subscribers are justifiably expressing outrage with this latest action by TCI, which the City of Buffalo has no legal authority to regulate; Now, Therefore, Be It Resolved: That the Special CATV Committee hold a public hearing on Thursday, January 26, 1995 at 7:00 PM in Common Council Chambers to hear public comment on this rate increase; and Be It Further Resolved: That the City Clerk forward certified copies of this resolution to TCI of New York, the Federal Communications Commission and the New York State Commission on Cable Television and ask that they send representatives to the hearing; and Be It Finally Resolved: That the Corporation Counsel be requested to report to this Honorable Body regarding what types of legal action can be undertaken to prevent increasing its rates for Expanded Basic service. ADOPTED. No. 164 By: Mr. Zuchlewski Construct Phase II Scajaquada Pathway From Grant Street to Buffalo Riverwalk Whereas: The City of Buffalo in conjunction with the County of Erie wishes to construct Phase II of the Scajaquada Pathway from Grant Street to the Buffalo Riverwalk; and Whereas: This action necessitates using property now owned by the New York State Thruway Authority; and Whereas: The New York State Thruway Authority requires that the City file an undertaking with the Authority, satisfactory to the Authority, which covers the liability of the City of Buffalo, the Authority and its officers, agents and employees with respect to all acts or omissions under any such permit whether or not authorized thereby, and which also covenants and agrees to indemnify and hold harmless the Authority and its officers, agents and employees from all claims, suits, actions, damages, costs and judgments of any nature and description arising out of and relating to the construction, reconstruction, installation, repair, maintenance, operation, removal or relocation of any facility, or otherwise, under such permit by the City of Buffalo, its agents, employees, contractors or subcontractors, of any law, rule or regulation in connection therewith, and to secure the compliance with the terms of any such permit. Now, Therefore, Be It Resolved: That the City of Buffalo does hereby undertake, covenant and agree as follows: 1. To perform the work authorized by each permit without damage or injury to the Thruway System or to any property of the Authority, or to any person or vehicle thereon; 2. To truly and faithfully comply with and perform all the terms and conditions of any such permit on its part to be kept and performed and abide by and comply with all such conditions, rules, and regulations as may be imposed from time to time by the Authority according to the true intent and meaning thereof; 3. At its own cost and expense, to promptly complete the work authorized under such permit and immediately restore the Thruway System or property to the same condition as existed before such work was commenced, and, in the event of failure, to restore the Thruway System or property within such time as the Authority shall deem reasonable, the Authority may restore the said Thruway System or property, and the City of Buffalo will, on demand, reimburse the Authority for any and all cost and expense for such restoration; 4. To indemnify, defend and hold harmless the Authority and its officers, agents and employees from all claims, suits, actions, damages, costs and judgments of any nature and description arising out of and relating to the construction, reconstruction, installation, repair, maintenance, operation, removal or relocation of any facility, or otherwise, under such permit by the City of Buffalo, its agents, employees, contractors or subcontractors, or of any law, rule or regulation in connection therewith. This undertaking shall continue in full force and effect until formally canceled in writing by said Authority; and Be It Further Resolved: That the Commissioner of Community Development be and hereby is authorized to execute all necessary documents with the New York State Thruway Authority to construct Phase II of the Scajaquada Pathway from Grant Street to the Buffalo Riverwalk. ADOPTED. No. 165 By: Mr. Zuchlewski Purchasing Practices Of City & Bd. of Eduction Whereas: An informal evaluation of the purchasing practices of both the City and the Board of Education has revealed that there are a number of goods and services commonly used by both parties, including fuel, paper products, lightbulbs, copy machines and service contracts, and other items; and Whereas: A revealing fact discovered during the informal evaluation is that the City and Board sometimes pay significantly different prices for the same items, even when the items are purchased from the same vendor; and Whereas: While a formal, thorough analysis of purchasing practices is being conducted as a part of the study being performed by Peat Marwick, interim steps that could save money for both the City and Board should be explored; and Whereas: A simple and evident option would be that both parties jointly buy common items in order to realize savings through bulk purchases; and Whereas: While it is understood that existing contracts for the purchase of goods and services must be honored, it is not unreasonable to delay renewal or bid awards until such time that common needs are identified and joint purchasing arrangements can be established; Now, Therefore, Be It Resolved: That this Common Council request that the Purchasing Departments of both the City and the Board of Education develop a list of common items and file this information with this Council; and Be It Further Resolved: That this Council request that, pending identification of common items and the conclusion of the Peat Marwick study, the Purchasing Departments of the two parties refrain from entering into long term purchasing contract renewals or bid awards with the exception being the joint purchasing of items that are used by both the City and the Board. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION, THE DEPARTMENT OF GENERAL SERVICES AND THE BOARD OF EDUCATION. No. 166 By: Mr. Zuchlewski Grant Easement to Westwood-Squibb Pharmaceuticals, Inc. for Construction of On-Site Remedy at the Iroquois Gas/Westwood New York State Superfund Site in the Dart Street and Bradley Street Area Whereas: The approximate 8.8 acres parcel of property bounded by Dart Street, Bradley Street and Scajacquada Creek (the "Site") was used by Iroquois Gas Corporation and its predecessors for the manufacture of town gas from approximately 1900 to the mid-1950's; and Whereas: National Fuel Gas Distribution Corporation ("NFG') is the successor in interest to Iroquois Gas Corporation; and Whereas: In 1972, the portion of the Site formerly owned by Iroquois Gas Corporation was sold and conveyed to Westwood-Squib Pharmaceuticals, Inc. ("Westwood"); and Whereas: Scajacquada Creek is owned by the City of Buffalo; and Whereas: The portion of the Site formerly owned by Iroquois Gas Corporation at one time included the south shore of Scajacquada Creek, but over the years through the 1950's, areas of the Creek bank were filled in and work related to the Scajacquada Expressway involving a straightening of the Creek channel, all of which resulted in the creation of a 25' to 40' wide land mass along the southern bank of Scajacquada Creek beyond Westwood's current property line, which area is owned by the City of Buffalo; and Whereas: In the course of construction activities at the Site in 1985, Westwood Whereas: Westwood, under the oversight of the New York State Department of Environmental Conservation ("DEC"), has conducted a remedial investigation and feasibility study ("RI/FS") at the Site to determine the nature and extent of the gas manufacturing contamination at the Site and to assess the need for and possible remedial alternatives applicable to the Site; and Whereas: The RI determined that manufactured gas plant wastes and residuals are found in the sub-soils throughout the northern four acres of the Site, including the area along the Creek bank owned by the City of Buffalo, as well as in the sediments of Scajacquada Creek; and Whereas: In February 1994, the DEC issued for comment, a proposed remedial action plan and then issued a remedial determination in its March 1994 Record of Decision ("ROD")- and Whereas: The on-site remedy selected in the ROD calls for the installation of a sheet piling wall to a depth of approximately 35 feet along the top of the southern Creek bank and several recovery wells to pump contaminated groundwater from the area immediately adjacent to the sheet piling wall, which water will then be treated on-site prior to its discharge to the Buffalo Sewer Authority; and Whereas: The on-site remedy also involves the installation of a clay cap on the on-site area and the possible use of in-situ bioremediation (subject to a pilot test); and Whereas: The off-site remedy selected in the ROD calls for the excavation and proper off-site treatment or disposal of the contaminated sediments in Scajacquada Creek adjacent to and in the vicinity of the Site; and Whereas: Westwood and DEC are negotiating a consent order to provide for Westwood's implementation of the on-site remedy without prejudice to Westwood's claims for indemnity and/or contribution against NFG; and Whereas: In order to implement the on-site remedy, Westwood will need an easement from the City of Buffalo to allow for the installation of the sheet piling wall, the installation and operation of the recovery wells, the installation of the clap cap, and possibly installation of part of the air injection system for the in-situbioremediation program on the City's property immediately adjacent to Scajacquada Creek, and Whereas: DEC is negotiating separately with NFG regarding NFG's possible performance of the off-site remedy, which remedy might include work on or about the southern Scajacquada Creek bank area; and Whereas: The on-site remedial work to be undertaken by Westwood is intended to contain and remediate the contamination located on the portion of the Site owned by the City of Buffalo as well as the portion of the Site owned by Westwood; Now, Therefore, Be It Resolved: That this Common Council hereby authorizes and directs the Corporation Counsel and/or Department of Public Works to take all measures and procedures necessary to grant to Westwood the full extent of an easement on the City's property sufficient and necessary to allow Westwood to implement all aspects of the on-site remedy select in the ROD. PASSED. AYES- 12 NOES- 0. No. 167 By Mr. Zuchlewski Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Robert Quintana By Councilmember Fahey ADOPTED. No. 168 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: Karin M. Halpern Robert J. Alley Robert J. Baldes, Jr. Shirley A. Boyd Deborah A. Cielencki Laurie A. Inglut Rose Marie Malecki Judy A. Dolce Rochelle D. Palumeri Furnette Williams Annette H. Fitch Michael P. Fitch Joan M. Markowski Tina M. Dugo Joseph P. Dobies Scott Saxon Stephanie McAllister Eileen Spooner Diane T. Towracz Stephan F. Root Marguerite Robinson Priscilla G. Scott Barbara P. Ivy Elizabeth Farewell-Prisazauk Sharon Morrissey Melinda J. Lyon Linda B. Foley Broderick J. Cason Kimberly Kadziolka Lester Kelly Elizabeth A. Bienko Roslyn Santa Lucia Denise M. Litz Karen Gustina Ann Pastwick Denise Hale Richard W. Carr Karen DiVito Peter DiVito ADOPTED. No. 169 By: Mr. Zuchlewski Appointments Commissioner of Deeds Required-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 person so appointed certifying, under oath, to their qualifications and filing same with the City Clerk: Otha R. Lee Dennis McCarthy Samuel C. Lopez William P. Jackson David W. Hess Eric Bratton Kathleen Shriver Thomasine A Quinn Leroy Calhoun James Gunsauley Diane Harrington Wilmer Olivencia Hamid Motley Kathleen A. Granelli Maureen LaChiusa Carolyn A. Grochala Joanne Carlson Susan Souter Anulette A. Lewis Charlene Pierino Mark A. Stoddard Beti Porter Eugene Pitts Keith E. McInnis, Sr. David J. Harris Mary J. Moore Ronald J. Vinovrski Eric D. Martin Joseph E. Szafranski James P. Liebner Lori-Anne M. Steck John E. Mulqueen Spencer S. Bryant Kathryn LaForce George J. Adymy Karny M. Carney Frank DiPasquale Daniel R. DiPirro Josephine M. DiVencenzo Vincent J. Felicetta Barry A. Gawlick Herbert P. Krieger Daniel Mancini Kenneth Matysiak Patrick Joseph McDonald Carl A. Terranova Johnny L. Walker Frank Zanghi Eugene Ziemba Robert G. Zwelling Alfred A. Ziemecki Rose Hunter Olivia A. Dragone Barbara A. Duk Phyllis A. Gerard Lucille M. Grieco Laura Hunt Patrick K. Irwin Carolyn A. Lenczyk Lucille LoDestro Barbara A. Slisz ADOPTED. No. 170 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, January 17, 1995 - 9:30 AM Finance Tuesday, January 17, 1995 following Civil Service Legislation Tuesday, January 17, 1995 2:00 PM Economic Dev. Wednesday, January 18 , 1995, 10:00 AM Urban Renewal Wednesday, January 18, 1995 following Ec. Dev. No. 171 Adjournment On a motion by Mr. Pitts, Seconded by Mrs. Lockwood the Council adjourned at 3:20 P.M. Charles L. Michaux, III City Clerk