Loading...
HomeMy WebLinkAbout95-0124 No. 2 Common Council Proceedings of the City of Buffalo Regular Meeting, January 24, 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 Zuchlewski, 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 24, 1995 at 2:00 P.M. PRESENT- George K. Arthur, President of the Council, and Council Members Bell, Collins, Coppola, Czajka, Franczyk, Helfer, Lockwood, Perla, Pitts, and Zuchlewski- 11. ABSENT- Lotempio- 1. On a motion by Mr. Pitts, seconded by Mr. Bell, the minutes of the stated meeting held on January 10, 1995 were approved. No. 1 Election of Ellicott District Councilmember Mr. Pitts moved: Whereas: Section 25 of the Charter of the City of Buffalo authorizes the Common Council to fill a vacancy in the office of a district Councilmember by appointment of a qualified resident of the same political party and district as the district councilmember whose place is vacant; and Whereas: A vacancy exists in the office of Ellicott District Councilmember; and Whereas: Barbara Williams, an enrolled Democrat residing in the Ellicott District, is a thirteen year veteran of the Buffalo Police Department active in a variety of Ellicott District community and political endeavors, and satisfies all the requirements of the Charter; and Whereas: At a meeting of the Ellicott District Democratic Committee on Saturday, January 14th, Barbara Williams won the endorsement of committee members to fill the seat as Ellicott District Councilmember; and Whereas: It is fitting for the Common Council to accept the recommendation of the Ellicott District Democratic Committee and appoint Barbara Williams to rill the vacancy in the office of Ellicott District Councilmember; Now, Therefore, Be It Resolved: That Barbara Williams be, and hereby is, appointed to fill the vacancy in the office of Ellicott District Councilmember, pursuant to Section 25 of the Charter of the City of Buffalo, effective January 24, 1995. There being no further nominations, a roll call was taken, and each Councilmember, as their name was called, announced his/her choice by name. ARTHUR- Williams BELL- Williams COLLINS- Williams COPPOLA- Williams CZAJKA- Williams FRANCZYK- Williams HELFER- Williams LOCKWOOD- Williams PERLA- Williams PITTS- Williams ZUCHLEWSKI- Williams Barbara Williams, having received a majority of the votes cast, was declared the duly elected Ellicott District Councilmember, effective January 24, 1995. FROM THE MAYOR No. 2 Appointment of Member to the Examining Board of Plumbers Pursuant to the provisions of Section 40-A of Article 4 of the General City Law of the State of New York and Section 311, Article 17 of the City Charter, I hereby appoint Angelo F. Frisicaro, residing at 52 Alden Avenue, Buffalo, New York 14216, as a member of the Examining Board of Plumbers for a term expiring December 31, 1997. Mr. Frisicaro has been a licensed Journey Plumber in the City of Buffalo since 1971. He has worked on all phases of plumbing, residential, industrial and commercial. He has worked for over twenty five years in the plumbing field with various companies such as H B Plumbing, Allstate Mechanical, JD Plumbing, C & C Plumbing & Heating Contractor, etc. I hereby certify that Angelo F. Frisicaro is fully qualified to serve as a member of the Examining Board of Plumbers. RECEIVED AND FILED. No. 3 Appointment of Members to the Buffalo Economic Development Zone Board Pursuant to the powers vested in me by Section 281 of Article 14 of the Charter of the City of Buffalo, in relation to establishing economic development zones, I hereby appoint the below listed persons as members of the Buffalo Economic Development Zone Board: Daniel C. Bicz, Commissioner Community Dev. 13 Marina Park, Bflo. NY 14201 Carol Salter Local Business Rep. AC Laundry 597 Norfolk, Bflo. NY 14215 Jack Kennedy President UAW Local 424, 27 Arundeo Road, Bflo. N.Y. 14216 Mary Vance Boyd Asst. Vice Pres, M&T Bank 447 William St, Bflo. NY 14204 William Mariani Dir. Comm. Serv, ECC South, 8 Pinewood, Orch. Pk., NY 14127 Raul Hernandez Owner of Niagara Cafe 186 Whitney Place, Bflo. N.Y. 14201 Annette Juncewicz Ex. Dir. Polish Comm. Ctr., 615 Fillmore Ave., Bflo. N.Y. 14212 Francisco Guzman Comm. Rep. Hispanic United, 134 Norwood Ave, Bflo. NY 14222 Florence Baugh Dir. Neighborhood Services 45 Woodward Ave. Bflo. N.Y. 14214 I hereby certify that all the above designees are fully qualified to serve as members of the Buffalo Economic Development Zone Board. Mr. Pitts moved That the communication from the Executive Department, dated January 19, 1995, be and is hereby received and filed; and That the Mayor's Appointments to the Buffalo Economic Development Zone Board be and are hereby confirmed. ADOPTED. No. 4 Policy For Accepting Art The attached document is for your information and assistance. It sets forth policies and procedures for accepting or acquiring works of public art, such as monuments, markers, statuary, etc. The Buffalo Arts Commission has: (1) Established criteria by which "works of art" will be judged for acceptance or rejection; and (2) Standardized the procedures which individuals, corporations, groups and associations must follow if they wish to give, sponsor, or donate a work of art to the City of Buffalo. Please keep this policy document on file in your office for future reference and use when appropriate. Questions should be referred to the Executive Director of the Buffalo Arts Commission, David F. Granville, who will be happy to work with you in interpreting the policy. Mr. Pitts moved: That the communication from the Mayor, dated December, 1994, be received and filed; and That the policies and procedures for accepting or acquiring works of public art, such as monuments, markers, statuary, etc. be approved as attached to the above item. ADOPTED. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 5 Salvation Army, Request To Use 984 Main St Halfway House Item No. 79, C.C.P., November 29, 1994 The City Planning Board at its regular meeting held Tuesday, January 17, 1995, considered the above request pursuant to Section 511-94 of the Buffalo Code, Review of Halfway Houses. The City Planning Board voted to deny the matter captioned above on the grounds that the area in which the proposed facility will be located is currently saturated with social service providers. RECEIVED AND FILED. No. 6 M. Hackett - Request To Install Siding and Roof at 69 Brunswick Avenue Item No. 66, C.C.P., January 10, 1995 The City Planning Board at its regular meeting held Tuesday, January 17, 1995, considered the above request pursuant to section 511-68.1 of the Buffalo Code, Hamlin Park Overlay Review District. The applicant seeks to install new siding and a roof for the property referenced above. Since the value of the work exceeds the limit set by the Hamlin Park Overlay Review District, your Honorable Body must approve the work. Under S.E.Q.R., the proposed work is considered a type II action which does not require further environmental review. The Planning Board voted to approve the proposed work. RECEIVED AND FILED. FROM THE BOARD OF STADIUM AND AUDITORIUM No. 7 Free Use Of Memorial Auditorium -Skating Assn. For The Blind & Handicapped February 18, 1995 For Annual Benefit "Ice Show" The Board of Stadium and Auditorium has once again received a request from the Skating Association For The Blind & Handicapped for free use of memorial Auditorium on Saturday, February 18, 1995 to present their annual "Ice Shows". The Skating Association For The Blind & Handicapped (S.A.B.A.H.) is a not-for-profit organization assisting handicapped persons through instruction and development of ice skating skills. S.A.B.A.H. has agreed to supply the necessary insurance coverage, proper security and as mandates by New York State Law have medical personnel on staff. The Board of Stadium and Auditorium hereby recommends that your Honorable Body approve the free use of Memorial Auditorium on Saturday February 18, 1995 to the Skating Association For The Blind & Handicapped for their annual "Ice Shows". Mr. Pitts moved: That the communication from the Board of Stadium and Auditorium, dated January 12, 1995, be received and filed; and That the Board of Stadium and Auditorium be, and it hereby is, authorized to grant free use of Memorial Auditorium on Saturday, February 18, 1995 to the Skating Association for the Blind & Handicapped to present the "Ice Shows". The Skating Association for the Blind & Handicapped will provide the necessary certificate of insurance, and provide the necessary security and comply with the New York State Health Code regarding emergency medical staffing. PASSED. AYES- 12 NOES- 0. No. 8 Free Use Of Memorial Auditorium Ismailia Temple "Shrine Circus" The Board of Stadium and Auditorium has received a request from the Ismailia Temple for free use of Memorial Auditorium from Thursday, March 9, through and including Sunday, March 12, 1995 for the annual "Shrine Circus. The Ismailia Temple brings into Memorial Auditorium approximately 40,000 children from the Buffalo area free of charge, who normally would not be able to afford a ticket to see the Circus. Many thousands of people donate their time and energy to this cause to raise much needed funds to support the worthwhile efforts of the Shriner's hospitals, where children receive free medical care. Once again the Ismailia Temple has been asked to bear the expense for the removal and replacement of the ice surface to accommodate this event in the amount of $3,500.00. The Shrine has agreed to supply the necessary certificate of insurance and to provide necessary security and medical staffing mandated by New York State Law. The Board of Stadium and Auditorium hereby recommends that your Honorable approve the free use of Memorial Auditorium to the Ismaila Temple from Thursday, March 9, through and including Sunday, March 1, 1995 to present the "Shrine Circus". Mr. Pitts moved: That the communication from the Board of Stadium and Auditorium, dated January 12, 1995, be received and filed; and That the Board of Stadium and Auditorium be, and it hereby is, authorized to grant free use of Memorial Auditorium from Thursday, March 9 through and including Sunday, March 12, 1995 to the Ismailia Temple for the annual "Shrine Circus". The Ismailia Temple will provide for the removal and replacement of the ice surface to accommodate this event in the amount of $3,500; and will provide the necessary certificate of insurance, and provide the necessary security and comply with the New York State Health Code regarding emergency medical staffing. PASSED. AYES- 12 NOES- 0. FROM THE BUFFALO ARTS COMMISSION No. 9 Merchant Marine Memorial Your Honorable Body requested the following attached information regarding the proposed Merchant Marine Memorial. All maintenance funds will be deposited in a City of Buffalo Trust and Agency Account. If you have any further questions, please contact the Executive Director of the Buffalo Arts Commission at anytime. Thank you for your time and attention. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BUFFALO WATER BOARD No. 10 Water Finance Authority Audit Report Attached herewith is the Audit Report for the year ended June 30, 1994 and from Sept. 24, 1992 to June 30, 1993. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMPTROLLER No. 11 Certificate of Necessity Increased Appropriation Reserve for Capital Appropriations Department of Public Works 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 $135,000 in the estimates for the fiscal year beginning July 1, 1994 is necessary in Appropriation Allotments - Department of Public Works - Division of Buildings to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 100-890-050 - Fund Balance Reserve for Capital Budget Appropriations not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Dated: Buffalo, NY, January 18, 1995 RECEIVED AND FILED. No. 12 Certificate of Necessity Increased Appropriation City Revenue Department of Police 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 Police, Division of Police Administration, Administration & Communications, Clothing and Uniforms, 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 100-200-403-85032 Armor Body Vests Program, not otherwise appropriated for any other purpose. The detail of the requirements are set forth below. Dated: Buffalo, NY, January 18, 1995 RECEIVED AND FILED. No. 13 Permission to Negotiate 566 Michigan, W 333' S Sycamore Vacant Lot Size: 28' x 150 Assessed Valuation: $3,380 The Office of the Comptroller, Division of Real Estate, has received a request from Bruce A. Pagel of 570 Michigan Avenue, Buffalo, New York 14203 to purchase the above captioned City-owned property. Mr. Pagel would like to purchase this property, which is adjacent to his residence 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. Pagel of 570 Michigan Avenue, Buffalo, 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, January 17, 1995 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Bruce A. Pagel, of 570 Michigan Avenue, Buffalo, New York 14203, for the private sale of 566 Michigan Avenue and report to the Common Council the results of such negotiations. ADOPTED. No. 14 Permission to Negotiate 162 Monroe, W 91.60' S William Vacant Lot Size: 26' x 54' Assessed Valuation: $1,000 The Office of the Comptroller, Division of Real Estate, has received a request from Patricia E. Colvin of 517 William Street, Buffalo, New York 14206 to purchase the above captioned City-owned property. Ms. Colvin recently purchased a newly constructed home at 517 William and would like to purchase 162 Monroe for extra yard space. The subject property is adjacent to Ms. Colvin's rear property line. 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 Ms. Patricia B. Colvin of 517 William Street, Buffalo, 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, January 10, 1995 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Patricia H. Colvin, of 517 William Street, Buffalo, New York 14206, for the private sale of 162 Monroe and report to the Common Council the results of such negotiations. ADOPTED. No. 15 Permission to Negotiate 749 William, 79' E Smith Vacant Lot Size: 30' x 118' Assessed Valuation: $1,780 The Office of the Comptroller, Division of Real Estate, has received a request from Michael Digiacomo, Brockway Law Offices, Attorney at Law, 3719 Union Road, Suite 216, Cheektowaga, New York on behalf of Mohammed Abuhamra to purchase the above captioned City-owned property. Mohammed Abuhamra is requesting to purchase 749 William in order to expand his existing service station located at 741 William into a mini-mart/service station. The Department of Community Development and the Department of Inspections and Community Revitalization were contacted and they have no objection to this sale. However, they have indicated that final plans and financing are to be submitted for review prior to the transfer of title. 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. Mohamed Abuhamra of 741 William Street, Buffalo, 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 January 10, 1995, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Michael Digiacomo, Brockway Law Offices, Attorney at Law, 3719 Union Road, Suite 216, Cheektowaga, New York, on behalf of Mohammed Abuhamra, for the private sale of 749 William and report to the Common Council the results of such negotiations. ADOPTED. No. 16 Result of Negotiations 253 Clark, E 67.57' S Broadway Vacant Lot: 25' x 30, Assessed Valuation: $1,300 Item No. 11, C.C.P. 9/6/94 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. Thomas Handley of 241 Lombard Street, Buffalo, New York, to purchase the above captioned City-owned property to expand his yard area. An independent appraisal of the property was conducted by Mr. Raymond Cunningham, Appraiser, CASH Realty & Auctions, 22 Lafayette Blvd., Williamsville, New York 14221. He has estimated the fair market value of the property to be Two Hundred and Fifty Dollars ($250.00). This represents approximately Thirty-Three Cents (.33) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. Thomas Handley has agreed and is prepared to pay Two Hundred and Fifty Dollars ($250.00) for the property. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body authorize the sale of 253 Clark Street to Mr. Thomas Handley in the amount of Two Hundred and Fifty Dollars ($250.00). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute same. REFERRED TO THE COMMITTEE ON FINANCE. No. 17 Result of Negotiations 366 Fox, 125' S North Street Vacant Lot: 25' x 141' Assessed Valuation: Land: $ 1,400 Total: $14,500 The Office of the Comptroller, Division of Real Estate, has received a request from Walking In God's Ministry Holiness Church, Samuel White, Pastor to purchase the above captioned property. The subject property was acquired by the City of Buffalo in 1993 through in-rem tax foreclosure and has been leased by the Church since that time. The Church now wishes to purchase the property to continue its' ministry. An independent appraisal of the property was conducted by Mr. Thomas Evege, Appraiser, 1600 Jefferson Avenue, Buffalo, New York 14208. He has estimated the fair market value of the property to be Two Thousand Dollars ($2,000.00). The Division of Real Estate has investigated the sales of similar properties in the area, sale prices range from Eighteen Hundred Dollars ($1,800) to Twenty-Four Hundred Dollars ($2,400). The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Pastor Samuel White has agreed and is prepared to pay Two Thousand Dollars ($2,000) for the subject property. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 366 Fox Street to Walking In God's Ministry Holiness Church in the amount of Two Thousand Dollars ($2,000.00). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute same. REFERRED TO THE COMMITTEE ON FINANCE. No. 18 Result of Negotiations 68 Howard, 109' E Monroe Vacant Lot: 27' x 96' Assessed Valuation: $1,400 70 Howard, 551 W of Adams Vacant Lot: 27' x 96' Assessed Valuation: $1,400 Item No. 20, C.C.P. 10/4/94 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with United House of Prayer for All People, Apostle T. Reid, Pastor, P.O. Box 1483, Buffalo, New York, to purchase the above captioned City-owned properties. The Church intends to demolish their existing church on Howard Street and construct a new church. They intend to use 68 & 70 Howard Street for off-street parking for their congregation. An independent appraisal of the properties were conducted by R.W. Bronstein Corp., Thomas Tighe, Appraiser, 3666 Main Street, Buffalo, New York 14226. He has estimated the fair market value of the properties to be as follows: 70 Howard Street - Seven Hundred and Fifty Dollars ($750.00) 68 Howard Street - Seven Hundred and Fifty Dollars ($750.00) The Division of Real Estate has investigated the sales of similar properties in the area and concurs with the appraisers estimates of value. The results of our negotiations are that the United House of Prayer for All People have agreed and are prepared to pay Fifteen Hundred Dollars ($1,500) for the two properties. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 68 & 70 Howard Street to the United House of Prayer for All People in the amount of Fifteen Hundred Dollars ($1,500.00). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute same. Mr. Pitts moved: That the communication from the Comptroller, dated January 17, 1995, be received and filed; and That the offer of Apostle T. Reid, Pastor of the United House of Prayer for All People, P.O. Box 1483, Buffalo, New York, in the sum of $750.00 (Seven Hundred and Fifty Dollars) to purchase the property described as 70 Howard Street and $750.00 (Seven Hundred and Fifty Dollars) to purchase the property described as 68 Howard Street, be and hereby are accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. PASSED. AYES- 12 NOES- 0. No. 19 Result of Negotiations 83 Tenth, NE 133.50' NW Virginia Vacant Lot Size: 37' x 41, w/a/p 26' X 16' in rear Assessed Valuation: $4,000 Item No. 30, C.C.P. 7/26/94 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Hispanics United of Buffalo, Carlos Albarran, Housing Coordinator of 254 Virginia Street, Buffalo, New York, to purchase the above captioned property. They intend to purchase this property for off-street parking for their organization. An independent appraisal of the property was conducted by Mr. Michael W. W. Heigel, Able Realty Co., 148 South Marlin Road, Grand Island, New York 14072. He has estimated the fair market value of the property to be Nine Hundred Dollars ($900.00). This represents approximately Forty-Five Cents (.45) a square foot. The Division of Real Estate concurs with appraiser's estimate of value. The results of our negotiations are that Hispanics United of Buffalo has agreed and is prepared to pay Nine Hundred Dollars ($900.00) for the subject property. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 83 Tenth Street to Hispanics United of Buffalo in the amount of Nine Hundred Dollars ($900.00). I am further recommending that Your Honorable Body authorize the Office of the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor execute same. Mr. Pitts moved: That the communication from the Comptroller, dated January 17, 1995, be received and filed; and That the offer of Carlos Albaffan, Housing Coordinator of Hispanics United of Buffalo, 254 Virginia Street, Buffalo, New York, in the sum of $900.00 (Nine Hundred Dollars) to purchase the property described as 83 Tenth, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. PASSED. AYES- 12 NOES- 0. No. 20 Result of Negotiations 359 Walnut, E 224' N Sycamore Vacant Lot: 25, x 120, Assessed Valuation: $2,000 Item No. 124, C.C.P. 9/20/94 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. & Mrs. Eldridge Garris, 355 Walnut Street, Buffalo, New York 14204, to acquire the above captioned City-owned property for additional yard space. An independent appraisal of the property was conducted by Able Appraisal Associates, Mr. Dennis Walker, 43 St. Paul Street, Buffalo, New York 14209. He has estimated the fair market value of the property to be Nine Hundred Dollars ($900.00). This represents approximately Thirty Cents (.30) a square foot for the subject property. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. & Mrs. Eldridge Garris have agreed and are prepared to pay Nine Hundred Dollars ($900.00) for the subject property. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body authorize the sale of 359 Walnut Street to Mr. & Mrs. Eldridge Garris in the amount of Nine Hundred Dollars ($900.00). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute same. Mr. Pitts moved: That the communication from the Comptroller, dated January 17, 1995, be received and filed; and That the offer of Mr. & Mrs. Eldridge Garris, of 315 Walnut Street, Buffalo, New York 14204, in the sum of $900.00 (Nine Hundred Dollars) to purchase the property described as 359 Walnut, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. PASSED. AYES- 12 NOES- 0. No. 21 Abandon/Sale Portion of Holly Street Lot Size: 50' x 275' Item #27, C.C.P. 7/26/94 In the above referenced item, Your Honorable Body authorized the Comptroller, Division of Real Estate to negotiate the abandonment/sale of a portion of Holly Street to Mr. & Mrs. Joseph Serafin, 149 Fenton Street, Buffalo, New York . They intend to acquire this parcel of land and build a single family home thereon. In accordance with Section 514 of the City Charter, Mr. & Mrs. Serafin, through their attorney, have petitioned Supreme Court for the appointment of two appraisers to establish the value of the City's interest in the property. An order appointing two appraisers was granted by Supreme Court Justice Edward A. Rath, Jr., on November 9, 1994. A report of the appraisers was filed on January 13, 1995 in the Erie County Clerk's office establishing the value of the City's interest in the property. The first appraisal completed by Timothy R. Troy, Cash Realty and Auctions, estimated the value of the property to be Two Thousand Five Hundred Dollars ($2,500.). The second appraisal submitted by Cheater A. Zukowski, Arrow Appraisal Associates, has estimated the value of the property to be Four Thousand Dollars ($4,000.). The property appraised consists of all that tract or parcel of land, situated in the City of Buffalo, County of Erie and State of New York, being part of the dedicated right-of-way of Holly Street, being part of Lot #6, Township 10, Range 7 of the Buffalo Creek Reservation bounded and described as follow: Beginning at a point in the southerly line of Seward Street, distant two hundred, three and twenty hundredths (203.20) feet westerly from the westerly line of Willet Street, said point being the intersection of the southerly line of Seward Street and the easterly line of Holly Street; running thence southerly at right angles to said Seward Street and along the said easterly line of Holly street, two hundred seventy-five and sixty-two hundredths (275.62) feet more or less to the northerly right-of-way of a previously dedicated unnamed street; running thence westerly along the said northerly right-of-way of a previously dedicated unnamed street fifty (50) feet to a point, said point being the intersection of the said northerly right-of-way of a previously dedicated unnamed street with the westerly line of Holly Street, running thence northerly at right angles to the said southerly line of Seward Street and along the westerly line of Holly Street two hundred seventy-five and sixty-two hundredths (275.62) feet more or less to the said southerly line of Seward Street; running thence easterly along the said southerly line of Seward Street fifty (50) feet to the point or place of beginning. The results of our negotiations are that Mr. & Mrs. Serafin have agreed and prepared to pay Three Thousand Dollars ($3,000.) for the above described parcel. This offer represents the average of the two appraisals. They have also agreed to pay for the legal costs involved in the petition, cost of the appraisers, transfer tax, recording fees and the cost of the legal description. I am recommending that Your Honorable Body approve the final abandonment and sale of the above described portion of Holly Street to Mr. & Mrs. Joseph Serafin in the amount of $3,000. The final abandonment will not take place until the transfer of title occurs. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 22 Monthly Overtime Usage Report I am providing the Common Council with the updated Monthly Overtime Usage Report which reflects overtime expenditures for all City departments as of 12-31-94. This report also projects departmental overtime expenditures for the entire fiscal year based on current usage. REFERRED TO THE COMMITTEE ON FINANCE. No. 23 Review of Audit Department of Human Resources Division of Substance Abuse In response to the directive requiring the Comptroller to file audit reports with the Common Council, we hereby submit our report on the Division of Substance Abuse payroll records and procedure review, We found the records and procedures to be generally satisfactory. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF HUMAN RESOURCES. FROM THE PRESIDENT OF THE COUNCIL No. 24 Appt. Members-Advisory Cultural Committee I am hereby appointing the following individuals to fill out the City Advisory Cultural Committee: 1. Mrs. Phyllis Chase, Cultural Specialist, Board of Education. Mrs. Chase will bring input from the Board, and she will be able to advise us if there was any duplication of services with the Board of Education. 2. Dr. Kay Martin, 61 Bennett Village Terrace, Buffalo, New York 14214. Dr. Martin is a member of the County Cultural Advisory Resource Panel. It is the hopes that Dr. Martin will be our link with the County Advisory Resource Panel and as to what degree of compatibility there is between the City and County's seasonal cultural funding. 3. Celeste Lawson, Director of the King Center, 506 Linwood Avenue, Buffalo, New York 14209. RECEIVED AND FILED. FROM THE COMMISSIONER OF ASSESSMENT No. 25 Scrutiny of In Rem Purchases Res. No. 214, C.C.P. 11/15/94 In response to Councilmember Fahey's resolution, the Department of Assessment, in conjunction with the Division of Treasury and Department of Law, have instituted and implemented procedures to prohibit a bidder considered to be irresponsible from bidding and those persons indebted to the City of Buffalo from consummating the sale until all indebtedness is satisfied. The Terms of Sale stipulates that "The Referee shall have the right to refuse to transfer title to any individual, corporation or vendor found to be indebted to the City of Buffalo prior to conveyance of title. Upon such findings of delinquency all monies will be forfeited by bidder and/or purchaser"; and "The Referee shall have the right to set aside a bid by any person deemed by her not to be a responsible bidder and/or purchaser and immediately put up the premises for sale again." The Referee/City Treasurer has diligently enforced the Terms of Sale by denying conveyance of title and prohibiting persons from bidding at prior foreclosure sales held on May 16, 1994 and October 24, 1995. We have restructured the registration procedure to include a picture ID to verify the identity of perspective bidders. The Department of Assessment does forward to the Commissioner of Inspections and Community Revitalization and the Commissioner of Community Development a list of the properties foreclosed, identifying the successful purchaser/bidder and bid price. Further, there is the misconception that the properties foreclosed at an In Rem auction are City owned. The properties sold at an In Rem proceeding are foreclosed for unpaid City taxes. It should also be noted that the New York State Real Property State Law mandates that sale of foreclosed property shall be at public auction. RECEIVED AND FILED. No. 26 Exempt Property List-Garbage Identification Program Res. No. 179, C.C.P. 11/01/94 Per your request, please find a current list of exempt property in the City of Buffalo in district order and by property class. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF PUBLIC WORKS No. 27 Monthly Report of Licenses Issued- December 1994. I am respectfully submitting the enclosed report of licenses issued in the month of December 1994 by the Division of Licenses. RECEIVED AND FILED. No. 28 Termination of Work Division of Engineering Department of Public Works This is to advise your Honorable Body, that at the onset of winter, we have directed our contractors to cease work for the winter season on the following projects: WORK SUSPENSION PROJECT CONTRACT NO. CONTRACTOR DATE Gr 348-N. Division St #91790900 M. Falgiano, Constr. Co. 11/16/94 Hickory to Spring Gr. 366 - Argyle Park #91789000 M.P.J., Inc. 12/1/94 W. Delavan to Tacoma Handicap Ramps - 1994 #91788300 L.C.P. Constr. Corp. 12/23/94 RECEIVED AND FILED. No. 29 Termination of Work Division of Engineering/Division of Water Department of Public Works This is to advise your Honorable Body, that at the onset of winter, we have directed our contractor to cease work for the winter season on the following project: WORK SUSPENSION PROJECT CONTRACT NO. CONTRACTOR DATE Repair to Water Cuts #91741800 Thomann & Loewer 12/8/94 for Division of Water Asphalt Paving Corp. 1993-94 RECEIVED AND FILED. No. 30 Michigan Avenue Over Exchange Street B.I.N. 2-26061-0 City of Buffalo P.I.N. 5754.55 I hereby request Your Honorable Body to approve the resolution for the Michigan Avenue over Exchange Street Project. Matching funds will be available in BF 009 BF 012 and future bond accounts. RECEIVED AND FILED. No. 31 Notification Serial #8427 Repeal of No Standing on Elm Street, East Side and West Sides Between Carlton Street and Virginia Street NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notify your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinance stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: No Standing PROHIBITED PRTN HIGHWAY PROHIBITED PD DAILY Elm St, east side and west sides Anytime between Carlton Street and Virginia Street This action is being taken to update our records to reflect current field conditions. Notification Serial #8428 Repeal of No Parking on Niagara Street, West Side From Carolina Street to a point 284' South of Maryland Street NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinance stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented repealing therefrom the following: NO PARKING PROHIBITED PRTN HIGHWAY PROHIBITED PD - DAILY Niagara Street, west side Anytime from Carolina Street to a point 284' south of Maryland Street This prohibited parking is being repealed to update our records and provide consistency with current field conditions. Notification Serial #8429 Repeal of No Parking on Niagara Street, West Side Between points 290' North and 320' North of Maryland Street NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby no Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business That that part of Subdivision 23 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented repealing therefrom the following: NO PARKING PROHIBITED PRTN HIGHWAY PROHIBITED PD - DAILY Niagara Street, west side Anytime between points 290' north and 320' north of Maryland Street This prohibited parking is being repealed to update our records and provide consistency with current field conditions. Notification Serial #8430 Repeal of No Standing Niagara Street, West Side From Maryland Street To a Point 180' North Therefrom NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinance stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business That that part of Subdivision 22 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PRTN HIGHWAY PROHIBITED PD - DAILY Niagara Street, west side 7:00 a.m. - 7:00 p.m. from Maryland Street to a point except Saturday and Sunday 180' north therefrom This prohibited parking is being repealed to update our records and provide consistency with current field conditions. Notification Serial #8431 Repeal of Permissive Parking on Niagara Street, West Side From Hudson Street To a Point 284' South of Maryland Street PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinance stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented repealing therefrom the following: PERMISSIVE PARKING PROHIBIT PRTN HIGHWAY PD PERMISSIVE PKG - DAILY Niagara Street, west side 1 hour parking 7:00 a.m. - 7:00 p.m. from Hudson Street to a point except Sunday 284' south of Maryland Street This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8432 Repeal of No Standing on Niagara Street, East Side Hampshire to Tonawanda NO STANDING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, a stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PRTN HIGHWAY PROHIBITED PD - DAILY Niagara Street, east side 6:00 a.m. - 9:00 a.m. Hampshire to Tonawanda 3:00 p.m. - 6:00 p.m. This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8433 Repeal of Permissive Parking on Niagara St East Side from Hampshire Street To a Point 160' North Therefrom PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PROHIBIT PRTN HIGHWAY PD PERMISSIVE PKG - DAILY Niagara Street, east side 1 hour parking Hampshire to Tonawanda 7:00 a.m. - 7:00 p.m. from Hampshire Street to a point 160' north therefrom This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8434 No Standing on Niagara Street, East Side From School Street To a Point 1601 North of Hampshire Street NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PRTN HIGHWAY PROHIBITED PKG - DAILY Niagara Street, east side Anytime from School Street to a point 160' north of Hampshire Street This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8435 Install No Standing on Niagara Street, East Side Between Hampshire Street and School Street NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PRTN HIGHWAY PROHIBITED PD DAILY Niagara Street, east side At all times between Hampshire Street and School Street This action is being taken to update our records and consistency with current field conditions. Notification Serial #8436 Repeal of Permissive Parking on Niagara Street, East Side Between West Ferry Street and West Delavan Avenue PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PKG LOCATION PD PERMISSIVE PKG DAILY Niagara Street, east side 1 hour parking between West Ferry Street 7:00 a.m. - 7:00 p.m. and West Delavan Avenue except Sunday This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8437 No Standing - Repeal on Niagara Street, East Side From Bridge Street to Arthur Street NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PRTN HIGHWAY PROHIBITED PD - DAILY Niagara Street, east side 6:00 a.m. - 9:00 a.m. and from Bridge Street 3:00 p.m. - 6:00 p.m. to Arthur Street This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8438 Repeal of No Standing on Niagara Street, East Side Between Tonawanda St and a Point 3 50' North Therefrom NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PRTN HIGHWAY PROHIBITED PD - DAILY Niagara Street, east side Anytime between Tonawanda Street and a point 3 50' north therefrom This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8439 Repeal of Permissive Parking on Niagara Street, East Side Between a Point 250' North of Tonawanda Street and 75' South of Wayne Street PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PKG LOCATION PD PERMISSIVE PKG- DAILY Niagara Street, east side 2 hour parking between a point 250' north of 7:00 a.m. - 7:00 p.m. Tonawanda Street and 75' south of Wayne Street This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8440 Repeal of Permissive Parking on Niagara Street, East and West Sides Between Hamilton Street and Hertel Avenue PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, a stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PKG LOCATION PD PERMISSIVE PKG DAILY Niagara St, east and west sides 1 hour parking from Hamilton Street 7:00 a.m. - 7:00 p.m. to Hertel Avenue except Sunday This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8441 Repeal of No Parking on Niagara Street, East Side Between Hertel Avenue and Arthur Street NO PARKING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repeating existing provisions of Chapter 479 of the Ordinances, stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD Niagara Street, east side 9:00 a.m. - 3:00 p.m. between Hertel Avenue Thursday and Friday and Arthur Street This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8442 Repeal of No Standing on Niagara Street, East Side From a Point 120' North of Ontario Street To a Point 210' South of Ontario Street NO STANDING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PRTN HIGHWAY PROHIBITED PD - DAILY Niagara Street, east side Anytime from a point 120' north of Ontario Street to a point 210' south of Ontario Street This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8443 Install No Standing on Niagara Street, East Side From Arthur Street to a Point 120' North of Ontario Street NO STANDING -INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, a stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PRTN HIGHWAY PROHIBITED PD DAILY Niagara Street, east side At all times from Arthur Street to a point 120' north of Ontario Street This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8444 Repeal of No Standing on Niagara Street, West Side Between West Ferry Street and Breckenridge Street PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PKG LOCATION PD PERMISSIVE PKG DAILY Niagara Street, west side 1 hour parking between West Ferry Street 7:00 a.m. - 7:00 p.m. and Breckenridge Street except Sunday This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8445 Repeal of Permissive Parking on Niagara St, West Side From Auburn Ave to a Point 125' North of Breckenridge St PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PKG LOCATION PD PERMISSIVE PKG DAILY Niagara Street, west side 2 hour parking from Auburn Avenue to a point 7:00 a.m. - 7:00 p.m. 125' north of Breckenridge Street except Sunday This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8446 Repeal of Permissive Parking on Niagara Street, West Side From West Delavan Ave to a Point 225' North of Auburn Ave PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PKG LOCATION PD PERMISSIVE PKG DAILY Niagara Street, west side 1 hour parking from West Delavan Avenue to 7:00 a.m. - 7:00 p.m. a point 225' north of Auburn Ave except Sunday This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8447 Repeal of No Standing on Niagara Street, West Side Near Forest Avenue NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PRTN HIGHWAY PROHIBITED PD - DAILY Niagara Street, west side Anytime between a point 75' south of the south curb line of Forest Avenue extended and the southwest curb line of Niagara Street extended This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8448 Repeal of No Standing on Niagara Street, West Side Near Tonawanda Street NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PRTN HIGHWAY PROHIBITED PD - DAILY Niagara Street, west side Anytime from the west curb line of Tonawanda Street extended to a point 170' north therefrom This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8449 Repeal of No Standing on Niagara Street, West Side Near the Intersection of Tonawanda and Niagara Streets NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PRTN HIGHWAY PROHIBITED PD - DAILY Niagara Street, west side Anytime from the intersection of Tonawanda and Niagara Streets to a point 300' north therefrom This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8450 Repeal of No Standing on Niagara Street, West Side From City Line to a Point Near Arthur Street NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PRTN HIGHWAY PROHIBITED PD - DAILY Niagara Street, west side Anytime from the northwest city line to a point 5' south of the north curb line of Arthur Street extended This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8451 Install No Standing On Niagara Street, West Side City Line to a Point Near Arthur Street NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD Niagara Street, west side At all times from the northwest city line to a point 125' south of the north curb line of Arthur Street extended This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8452 Installation of Permissive Parking on Broadway, North Side Between Fillmore and Gibson PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PERMISSIVE PKG LOCATION PD PERMISSIVE PKG DAILY Broadway, north side 2 hour parking between Fillmore Avenue 7:00 a.m. - 7:00 p.m. and Gibson Street except Sunday excluding existing No Parking zones This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8453 Repeal of No Parking on Broadway, South Side Between Peck St and Quincy St NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PRTN HIGHWAY PROHIBITED PD - DAILY Broadway, south side Anytime from Peck Street to Quincy Street This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8454 Repeal of Permissive Parking on Broadway, South Side From Quincy Street to N. Central Avenue PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PKG LOCATION PD PERMISSIVE PKG DAILY Broadway, south side 1 hour parking from Quincy Street 7:00 a.m. - 7:00 p.m. to N. Central Avenue except Sunday This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8455 Installation of Permissive Parking on Broadway, South Side From Peck Street to N. Central Avenue PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PERMISSIVE PKG LOCATION PD PERMISSIVE PKG DAILY Broadway, south side 1 hour parking from Peck Street 7:00 a.m. - 7:00 p.m. to N. Central Avenue except Sunday This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8456 Repeal of Permissive Parking on Broadway, North Side From Mohr Street to Bailey Avenue PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PKG LOCATION PD PERMISSIVE PKG DAILY Broadway, north side 1 hour parking from west curb line of Mohr 7:00 a.m. - 7:00 p.m. extended to Bailey Avenue except Sunday This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8457 Installation of Permissive Parking on Broadway, North Side From Mohr Street to Gatchell Street PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PERMISSIVE PKG LOCATION PD PERMISSIVE PKG DAILY Broadway, north side 1 hour parking between the west curb line 7:00 a.m. - 7:00 p.m. of Mohr Street extended and except Sunday Gatchell Street This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8458 Install No Parking on Broadway, North Side From Gatchell St to Bailey Avenue NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PRTN HIGHWAY PROHIBITED PD - DAILY Broadway, north side Anytime from Gatchell Street to Bailey Avenue This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8459 Repeal of Permissive Parking on Broadway, South Side From N. Central Avenue to Bailey Avenue PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PKG LOCATION PD PERMISSIVE PKG DAILY Broadway, south side 1 hour parking from N. Central Avenue 7:00 a.m. - 4:00 p.m. to Bailey Avenue except Sunday This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8460 Repeal No Standing on Broadway, South Side From N. Central Ave to Bailey Ave NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PRTN HIGHWAY PROHIBITED PD - DAILY Broadway, south side No Standing from N. Central Avenue 4:00 p.m. - 6:00 p.m. to Bailey Avenue except Saturday & Sunday This action is being taken to update our records and provide consistency with current field conditions. Notification Serial #8461 Install No Parking on Broadway, South Side From N. Central Ave to Bailey Ave NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PRTN HIGHWAY PROHIBITED PD - DAILY Broadway, south side At all times from N. Central Avenue to Bailey Avenue This action is being taken to update our records and provide consistency with current field conditions. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 32 Liquor License Applications Item No. 51, C.C.P. 12/13/94 In response to Item No. 51, C.C.P. 12/13/94 applications for Restaurant, Music, and Coin Controlled Amusement Devices were mailed to the following individuals: Gerald O'Brien, 865 Elk Street Beverly Vaarwerk, 930 Walden Avenue Matthew Quinn, 320 Pearl Street Mark Hutchinson, 133 Macamley Street REFERRED TO THE MAYOR. No. 33 Liquor License Applications Item #92, C.C.P. 12/27/94 In response to Item #92, C.C.P. 12/27/94, applications for Restaurant, Music and Coin Controlled Amusement Devices were mailed to Raphael C. Torres, 391-93 Ellicott Street. REFERRED TO THE MAYOR. No. 34 1085 Niagara Street Enclosed Sidewalk Cafe Within Right-of-Way Mr. William N. Naples, Attorney, acting as agent for Marco's Restaurant, located at 1085 Niagara Street, has requested permission to install an enclosed sidewalk cafe which would encroach City right-of-way at said address. The proposed enclosure would actually be an addition to the existing restaurant, but would be constructed in a manner so as to not be permanent and would be easily removed should the need arise. The addition would measure approximately 72 feet in length and project eight (8) feet from the building face into City right-of-way. The Department of Public Works has reviewed Mr. Naples application pursuant to Chapter 413-67 (encroachment regulations) of the City ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a mere license for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the addition is installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the addition does not exceed 72 feet in length or project more than eight (8) feet from the building face into City right-of-way. 4. That the applicant be responsible for relocation of any underground utilities effected by the installation of said addition. 5. In the event that the Commissioner of Public Works determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, the Commissioner of Public Works may order the immediate removal of said encroachment as described in chapter 413-67 (E) of the City Ordinances. 6. That, because the addition will remain within City right-of-way the entire year as Opposed to a seasonal cafe, the applicant be assessed an annual fee of five dollars ($5.00) per square foot of City right-of-way occupied by the encroachment as described in Chapter 413-67 (G) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a ten thousand dollar ($10,000.00) construction in street bond and certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said addition to restaurant. Mr. Pitts moved: That the communication from the Commissioner of Public Works, dated January 19, 1995, be received and filed; and That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. William N. Naples, Attorney, acting as agent for Marco's Restaurant, located at 1085 Niagara Street, to install a sidewalk cafe which would encroach city right-of-way at said address, subject to the conditions as listed in the above communication. PASSED. AYES- 12 NOES- 0. No. 35 ATM Machine in City Hall Please be aware that the Buffalo Metropolitan Federal Credit Union located at 62 S. Elmwood Avenue has requested permission to install and operate an ATM machine in City Hall and be charged a nominal fee of $1.00 per year for rent. The desired location of this machine would be off the lobby at the existing telephone room. We are, therefore, respectfully requesting permission from Your Honorable Body to enter into the aforementioned rental agreement. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. No. 36 Reply To Audit-Division of Engineer Payroll Procedures I have reviewed your audit report and the recommendations contained in your December 20, 1994, letter pertaining to the Division of Engineering's payroll procedures. Prior to receipt of this letter, the Division of Engineering had already taken remedial action on all of the concerns contained in that report. The Division of Engineering has already instituted the following procedures: 1. All time sheets are dated. 2. All employees are required to sign in and out in pen and all marks appearing on the time sheets are in pen. 3. The standard time sheet is being utilized by all Engineering functions. 4. AR payroll time sheets are first reviewed by the appropriate Supervisor and signed. The practice of stamping the time sheets has been discontinued. 5. Payroll is now in-putted directly for the standard city time sheets and from no other source. 6. All time sheets are properly filed by pay period. 7. All leave time requests and overtime slips support the information on the time sheets. Once done, they are filed according to pay period. REFERRED TO THE COMMITTEE ON FINANCE. No. 37 Request to Prepare Plans and Specifications and Advertise for Bids - Solid Waste Disposal The City's current contract with American Re-Fuel expires on June 30, 1995. I have decided that it is not in our best interest to renew this contract and I am therefore respectfully requesting your Honorable Body's authorization to prepare specifications and receive bids for Solid Waste Disposal. This contract will begin July 1, 1995. REFERRED TO THE COMMITTEE ON FINANCE. No. 38 Report of Bids New Flooring Police Department, Traffic Bureau 300 Louisiana Street The Buffalo Police Department asked for and received the following Informal Proposals for the New Flooring at the Police Department Traffic Bureau, 300 Louisiana Street, Buffalo New York. Modern Lino Co., Inc. 4,198 Allasen Carpet Co. 4,200 Lawandus Floor Cover 7,532 I hereby certify that the foregoing is a true and correct statement of all bids received and that Modern Lino Co., Inc. in the amount of $4,198.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-513 - Division of Buildings. Mr. Pitts moved: That the communication from the Department of Public Works, dated January 4, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for New Flooring at the Police Department Traffic Bureau, 300 Louisiana Street to Modern Lino Co., Inc., the lowest responsible bidder in the amount of $4,198.00, with said cost to be charged against the B/F 200-402-513 - Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 39 Report of Bids New Window Coverings Police Department, Traffic Bureau 300 Louisiana Street The Buffalo Police Department asked for and received the following Informal Proposals for the New Window Coverings at the Police Department Traffic Bureau, 300 Louisiana Street, Buffalo New York. Drapery World 1,450 Advanced Window 1,470 Custom Window Shades 2,413 I hereby certify that the foregoing is a true and correct statement of all bids received and that Drapery World in the amount of $1,450.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-513 - Division of Buildings. Mr. Pitts moved: That the communication from the Department of Public Works, dated January 4, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for New Window Coverings at the Police Department Traffic Bureau, 300 Louisiana Street to Drapery World, the lowest responsible bidder in the amount of $1,450.00, with said cost to be charged against the B/F 200-402-513 - Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 40 Change in Contract Plumbing Reconstruction Kleinhans Music Hall I herewith submit to Your Honorable Body the following change in contract for the Plumbing Reconstruction of Kleinhans Music Hall- Phase IIIA, Gareleck Plumbing, C91763100: 1 Upgrade four (4) water fountain fixtures from the specified Halsey Taylor units to Haws #1005 electric water coolers pursuant to the recommendation of the mechanical engineer. Add $1,600.00 The foregoing results in a net increase in the contract of One Thousand Six Hundred and 00/100 Dollars ($1,600.00). Summary Original Amount of Contract $65,416.00 Change Order No. 1 CCP 124 10-4-94 Add 5,964.00 Amount of this change (No. 2) 1,600.00 Revised Amount of Contract $72,980.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and Hamilton Houston, Lownie Architects and found to be fair and equitable. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 41 Change in Contract - Change Order No. 1 - Repair to City Pavements 1994-95, Amherst Paving, Inc. Contract No. 91794 100 No. 120, C.C.P., 11/1/94 I hereby submit to your Honorable Body the following item unit price change order to the Contract for the above named project. This change order is necessary to enable us to complete the total restoration of the following streets: 1. Amherst - Delaware to Colvin 2. Linden - Delaware to Parkside This is in compliance with a new requirement for total street restoration where City water mains are replaced or newly constructed. Nichter Associates, Inc., under contract with the Division of Water to replace City water mains at Amherst Street and at Linden Street, submitted an additional cost proposal for total street restoration of $220,208.00. This cost proposal was rejected in favor of this change order of $155,728.00 to Amherst Paving, Inc. using the contract unit prices in the Repair to City Pavements - 1994/95 contract. This will result in a savings of $64,480.00 to the City. ADDITIONAL UNIT PRICES Estimated Unit Estimated Contract Item Description Quantity Price Cost 02.110 Excavation 168 c.y. $10.00 $1,680 02.401 Cold Mill - 1' 28,375 s.y. $1.35 $38,306 03.21A Subbase Stone 11 C.Y. $22.00 $242 04.110 City Fine Top 2,500 Ton $39.00 $97,500 04.150 Asphalt Binder 140 Ton $50.00 $7,000 04.610 Tack Coat 900 Gal. $3.00 $2,700 05.412 Saw Cut 2" 500 L.F. $2.00 $1,000 08.640 Adjust M.H. 20 Ea. $250.00 $5,000 09.635 Adjust V.B. 46 Ea. $50.00 $2,300 Total Cost Change Order No. 1 $155,728 CONTRACT SUMMARY Contract Amount $200,000.00 This Change Order No. 1 $155,728.00 New Contract Amount $355,728.00 Also, as a point of clarification, this change order requires the transfer of funds from the Division of Water account to a Bond Fund account in the Division of Engineering, Department of Public Works as follows: From: #416-982-003 $155,728.00 To: #200-401-507 $155,728.00 This work will require no extension of time. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to Amherst Paving, Inc. REFERRED TO THE COMMITTEE ON FINANCE. No. 42 Change in Contract Change Order #3 Argyle Park - W. Delavan to Potomac Group 366- Contact #91789000 M.P.J. Contracting, Inc. Item #35, C.C.P. 11/1/94 I hereby submit to Your Honorable Body the following "no cost" change order which consists of a negotiated unit price addition to the above mentioned contract. This change order was necessitated by a conflict with an existing 36 inch water line during the tie-in of a new 8 inch water line. At that point, the 36 inch water line was in the direct path of the new 8 inch line, which was unanticipated at the start of this project. Installing the new line above the existing 36 inch line would result in less that adequate cover for the 8 inch line. The Buffalo Water Division then directed the contractor to install the new 8 inch line under the existing 36 inch line, whereupon solid rock and shale was encountered. This required the rental of a backhoe with a rapid-ram attachment in order to complete the work. There also was overtime costs due to the urgency of the tie-in and to minimize traffic flow problems on West Delavan. The contractor agreed to the following price. ADDITIONAL WORK NEGOTIATED ITEM NO. DESCRIPTION UNIT PRICE QUANTITY COST 02.120 Rock Excavation $200/cy 49.4 cy $9,880.00 Total Cost of Additional Work $9,880.00 DELETED WORK 1.) Concrete Base needed no additional repair and not all curb stops had to be installed. ITEM NO. DESCRIPT CONTRACT PRICE QUANTITY COST 05.110 Cement Concrete Base $100/cy 58.8cy $5,880.00 09.720 Curb Stop Installed $2,000/EA. 2 $4,000.00 Total Cost Deleted Work $9,880.00 ADDITIONAL WORK $9,880.00 DELETED WORK $9,880.00 NET COST 0.00 CONTRACT SUMMARY Original Contract Amount $216,123.77 Change Order No. 1 $59,750.00 Change Order No. 2 $15,185.00 This Change Order No. 3 0.00 New Contract Amount $291,058.77 Funds for this change order (no cost) are available in Division of Engineering Bond Fund Account 200-401-014-00-000. This work will require no extension of time. I respectfully certify that this change order is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue said change order to M.P.J. Contracting, Inc. REFERRED TO THE COMMITTEE ON FINANCE. No. 43 Change in Contract Energy Conservation CES/Way I hereby submit to Your Honorable Body the following change in contract for the energy conservation work in City Hall, City Court and various other City buildings, CES/Way International Inc.: 1. Add 92 new fixtures to various city buildings and provide timers for City Hall corridor lighting. Add 16,711.46 2. Delete 12 motors in various buildings and add 3 motors in City Hall. Deduct 7,923.00 3. Delete Brine Pump Controls. Deduct 7,900.00 4. Delete 3 programmable controls. Deduct 5,355.00 5. Install electronic controls in lieu of manual on return air ductwork City Hall. Deduct 1,050.00 6. Credit for ice rink utility costs associated with pre-installation wattage readings. Deduct 535.82 The foregoing change results in a net decrease in the contract of Three Thousand Nine Hundred Fifty-two and 36/100 Dollars ($3,952.36) Summary Original Amount of Contract $2,077,146.00 Change Order No. 1 CCP 7/26/94 Add 60,408.36 Amount of this change (No. 2) Deduct 3,952.36 Revised Amount of Contract $2,133,602.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work will be credited to $2,300,000 lease/purchase in the Comptroller's office. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 44 Certificate of Appointment Appointment effective January 9, 1995 in the Department of Public Works Division of Water, Patrick J. Martin, 34 Greeley Street, Buffalo, 14207, to the Position of Caulker Supervisor I, Provisional, at the Intermediate Starting Salary of $28,538. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 45 Certificate of Appointment Appointment effective January 16, 1995 in the Department of Public Works, Division of Water, Charles S. Trimper, 50 Lawrence Avenue, Buffalo, 14213 to the Position of Caulker Supervisor I, Temporary, at the Intermediate Starting Salary of $28,538. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 46 Certificate of Appointment Appointment effective January 11, 1995 in the Department of Public Works Division of Buildings, Burke Glaser, 153 Aldrich Place, 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 POLICE No. 47 Key Center - Police Response to 911 Call Item No. 100, CCP 12/27/94 I have reviewed the concerns expressed about the response to Key Tower and spoke at length to Mr. Schlapefer at his office in Toronto. The original request to 911 was categorized as a low priority based upon information supplied by the complainant Mr. Schlapefer was satisfied with the explanation and discussion. RECEIVED AND FILED. No. 48 Complaint About Crime Ferry/Montana Area Item No. 104, CCP 12/27/94 In response to the Complaint of Crime in the Ferry/Montana area, please be advised that the Narcotics Division add the Precinct have been alerted. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 49 Chemical Spill at Peace Bridge On November 14, 1994, at approximately 2045 hours, car 10 N manned by Lieutenant Michael Manzella, received a call concerning an eighteen wheel tanker that was leaking on the Peace Bridge near the Toll Plaza. Upon arrival, Lt. Manzella talked to a Firefighting Captain and asked if he should start to evacuate people living in the immediate area. The Firefighting Captain stated that Fire Department personnel had already told the necessary people to evacuate their homes. The Firefighting Captain then asked Lt. Manzella to seal off the Peace Bridge area, which he did. Lt. Manzella used patrol cars from Precincts 10 and 5 and the Traffic Bureau. This writer, inspector Michael Mattioli, was notified at 2100 hours to assist at the scene. Upon arrival, I talked to Lt. Manzella concerning our police responsibility which is: 1.) traffic control; 2.) crowd control; 3.) area isolation; 4.) evacuation; and 5.) any other assistance needed by the Incident Commander. When satisfied that these responsibilities were met, I went to the command post to talk to Fire Commissioner Cornelius Keane. who was the Incident Commander. I told Commissioner Keane that the area was secure and asked if he would need any more homes evacuated. Commissioner Keane stated he did not feet it would be necessary to evacuate any more homes at this time. I kept extra personnel available at the scene so we could assist with any contingencies that may occur. In my opinion, the Buffalo Fire and Police Departments did an excellent job in handling the chemical spill at the Peace Bridge Toll Plaza. I would like to commend the Incident Commander, Commissioner Cornelius Keane, for a job well done. The only problem, in my opinion, is that the Peace Bridge Authority did not seem very well prepared to handle this type of emergency, at least in the initial phase, which is the most important phase of any emergency. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CORPORATION COUNSEL No. 50 Waiving Portion of Rent and Other Expenditures LaSalle Park Concession Item No. 24, C.C.P., 12/13/94 Opinion No. 95-6 You have asked the Law Department for an opinion regarding whether the Common Council should waive a portion of the annual rent and other expenditures for the LaSalle Park Concession. Brenda Kij was the highest bidder to operate the food concession in May 1994 for an annual amount of $9329.00. The Common Council approved the bid in June, clearing the way for her to open the concession in early July. She paid 50% of the rent shortly thereafter as required by the specifications and the contract. The other 50% was due before Labor Day in September 1994. In October 1994, Ms. Kij and the Parks Commissioner discussed the rental payments. Since the concession season usually begins in May, and Ms. Kij's concession could not open until July due to circumstances beyond her control, it was felt by the two parties that an adjustment should be made in the rent. In addition, Ms. Kij paid for two invoices for work at the LaSalle Park building, which houses her concession. One bill, $114.48, was for a locksmith to secure the doors of the building, and the other, $545.40, was for the installation of a gas pipe in order for her to hook up her fryer and grill. The Parks Commissioner felt these were reasonable expenditures that should be done by the City as they represent work done to City property, and he is now petitioning the Common Council to waive a portion of the rent and to credit the invoices to Ms. Kij for the rent. If the Parks Commissioner feels the situation warrants waiving a portion of the rent, it is within his discretion to make such a recommendation. It is within the Common Council's discretion to accept or reject his recommendation. The same rationale applies for the invoice for the locksmith's services since that area is not covered by the contract between Ms. Kij and the City of Buffalo. However, the invoice for the gas pipe installation is provided for in the contract. Paragraph 6 of the contract states "All appliances and equipment shall be electrically operated and furnished and installed by the Licensee at no cost or expense to the City." This provision anticipates any additional expenses and allocates them to the Licensee, in this instance, Ms. Kij. It is her responsibility to bear the cost of the installation of the gas pipe. It is the opinion of the Law Department that the Common Council may waive a portion of the rent and credit the invoice for the locksmith services to Ms. Kij, but should not credit the invoice for the gas pipe installation RECEIVED AND FILED. No. 51 No Refund Policy for Parks Passes Item No. 170, C.C.P., 11/1/94 Item No. 58, C.C.P., 12/27/94 You have requested advice from the Law Department regarding whether the Common Council should refund seasonal recreation pass fees. Ms. Lockwood has put forward a resolution calling for a no refund policy. A situation has arisen regarding the issue due to a request received by the Parks Department from the Estate of Celia Zolnowski for the refund of the $150 swimming pass paid by the deceased Mrs. Zolnowski. There is no specific section of the Charter and Code of the City of Buffalo which empowers the Common Council to refund monies collected from permit fees. Refunds have been granted in the past but were usually based on some kind of error made by the City. There may be instances that warrant a refund in the future, such as when a pass holder is denied access because of circumstances within the control of the City. When a person purchases a seasonal pass, the frequency of such use, be it once, twice or fifty times, is normally outside the control of the City. The City is not a guarantor of the number of times a pass may be used. A pass may not be used for many reasons, e.g. inclement weather or unfortunate circumstances such as illness, or as in this case, death. While we are all sympathetic to this situation we should not expose the City's finances to such occurrences. It is the recommendation of the Law Department that the Common Council should establish a no refund policy and should not refund the swimming permit fee to the Estate of Celia Zolnowski. RECEIVED AND FILED. No. 52 Off-Year Assessment Increases Item No. 124, C.C.P., 12/13/94 Opinion No. 95-15 The New York State Real Property Tax Law (RPTL) governs local real property tax policies and procedures. New York bases tax assessments on fair market value. When a property owner makes an improvement to his/her property, such as adding a bedroom, the value of the property increases and the assessment should also increase. When the owner undertakes ordinary repairs, such as fixing a sagging porch, no increase in assessment should result. It is up to the Department of Assessment to determine when and if work undertaken pursuant to a building permit should result in an increase in assessment. If an owner believes his or her assessment has been improperly increased or increased too much, such an owner is of course able to contest his assessment by filing a complaint in a timely manner. The RPTL does not authorize local legislation which would defer assessment increases for capital improvements until a general revaluation. REFERRED TO THE COMMITTEE ON FINANCE. No. 53 Emergency Demolition-574 Goodyear Avenue Item No. 94, C.C.P., 10/4/94 Opinion No. 95-14 You have requested an opinion from the Law Department regarding the emergency demolition charges assessed against Charles J. Jones for his property at 574 Goodyear Avenue. Mr. Jones has written to the Common Council in protest of the $16,000 demolition charge assessed against him. A fire started in the neighboring building at 572 Goodyear Avenue and spread to Mr. Jones' building, causing severe damage. Mr. Jones had arranged for a contractor to secure the structure. Before he and his tenant could enter the building, it was tom down by order of the Fire Commissioner. Mr. Jones feels he was not given adequate notice that this action would be taken against his property and does not want to pay the demolition costs. Pursuant to section 113-3 of the Code of the City of Buffalo (the "Code"), "where the public safety requires immediate action, the Commissioner may deem an emergency to exist and may enter upon the premises with such assistance as may be necessary and cause the structure to be made secure or taken down without delay and the passerby to be protected at the expense of such owner or party interested." The City acted properly to protect the public health, welfare and safety. Under those emergency conditions, the City was not required to give Mr. Jones notice of any action. The demolition charges assessed against Mr. Jones pursuant to section 113-3 of the Code constitute a valid obligation due and owing to the City of Buffalo. Forgiving the charge would be a gift of public funds in violation of Article VIII, Section I of the Constitution of the State of New York. It is the opinion of the Law Department that the Common Council cannot waive the assessment charged against Charles J. Jones. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 54 Accept Environmental Protection Fund Grant The City of Buffalo has been awarded a $50,000 grant from the New York State Department of State under the Environmental Protection Fund (EPF), Title II, Local Waterfront Revitalization Program (LWRP). The grant will be used to complete a LWRP and to draft a land use ordinance implementing LWRP policies. The required matching funds are being provided by BURA through a cash contribution and "in-kind" services. We request your Honorable Body approve an appropriate resolution authorizing acceptance of this grant by the City and designating the Buffalo Urban Renewal Agency as EPF grant recipient and administrator. RECEIVED AND FILED. No. 55 Report of Bids - Renovations to the Neighborhood Information Center (N.I.C.) As authorized by Your Honorable Body by item #64 of C.C.P. of 5/14/91 the Department of Community Development advertised for and received the following sealed bids for renovations at the former Polish Singing Circle Building at 1168-1170 Broadway for occupation by the Neighborhood Information Center (N.I.C.): GENERAL CONSTRUCTION CONTRACTOR BASE BID ALT 1 ALT 2 ALT 3 ALT 4 Gerald T. Stay Co., Inc. 255 Great Arrow Avenue Buffalo, N.Y. 14202 $207,700 $1,000 $20,000 $3,000 $2,550 C and A Contractor Inc. 28 Garden Avenue West Seneca, N.Y. 14224 $217,900 $2,700 $49,000 $1,100 $2,550 Wilsandra Construction 300 Camden Avenue Buffalo, N.Y. 14216 $291,700 $2,600 $25,800 $2,600 $5,500 Hadala Corporation 325 Grote Street Buffalo, N.Y. 14207 $334,000 $17,100 $160,000 $2,100 $2,600 Clarence Associates 8680 Main Street Williamsville, N.Y. 14221 $353,485 $23,000 $24,000 $1,000 $3,000 Alt. #1 Deduct for window repairs Alt. #2 Deduct for masonry repairs Alt. #3 Deduct for (2) sets basements stairs Alt. #4 Deduct for handicapped ramp PLUMBING CONSTRUCTION CONTRACTOR BASE BID Numarco Inc. $15,500 1021 Maple Road Elma, New York 14059 Ackerman and Heubsch Inc. $15,666 140 Fire Tower Drive Tonawanda, N.Y. 14150 MKS Plumbing Corp. $16,160 19 Ransier Drive West Seneca, N.Y. 14224 A. Gareleck & Sons Inc. $16,350 97 North Park Avenue Buffalo, N.Y. 14216 ELECTRICAL CONSTRUCTION CONTRACTOR BASE BID Weydman Electric $30,682 747 Young Street Tonawanda, N.Y. 14150 HVAC CONSTRUCTION CONTRACTOR BASE BID Northeast Mechanical $44,000 The total amount of work to be performed is $297,882.00 if none the deduct alternates are accepted. The engineers estimate for the work was $227,000. The building is historic structure and involves historic restoration of windows, masonry, metal cornice, ornamental tin ceiling and interior space. I hereby certify that the foregoing is a true and correct statement of all bids received. The following are the lowest responsible bidders in accordance with the plans and specifications: Gerald T. Stay $207,700 Numaroo Inc. $15,500 Weydman Electric $30,682 Northeast Mechanical $44,000 Total $297,882 Funds for the construction work are available in Bond Fund #200-717-068. I therefore recommend that Your Honorable Body authorize the Commissioner of Community Development to award respective contracts and order the work on the basis of bids received as summarized above. Mr. Pitts moved: That the communication from the Department of Community Development, dated January 5, 1995, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract to the lowest responsible bidders, for Renovations to the Neighborhood Information Center (N.I.C.) to Gerald T. Stay Co., Inc. for general construction for $207,700; to Numarco Inc. for plumbing construction for $15,500; to Weydman Electric for electrical construction for $30,682; to Northeast Mechanical for HVAC construction for $44,000; for a grand total of $297,882.00 for this project, with said cost to be charged against Bond Fund #200-717-068. PASSED. AYES- 12 NOES- 0. FROM THE COMMISSIONER OF STREETS No. 56 Donations To Animal Shelter Please be advised that Tops Markets has donated bags of dog and cat food to the Buffalo animal shelter. RECEIVED AND FILED. No. 57 Lots Cut In accordance with Chapter 341, Article I of the City Ordinance, I am herewith attaching a list of parcels of land in the City of Buffalo owners or persons having charge of such lands and the cost of cutting grass - weeds on these properties by the Department of Street Sanitation during the months of June - October. 1994 - $16,900.00 REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 58 Report of Emergency Demolition Bids , for Various Locations Within the City Due to the very serious and hazardous condition of the buildings located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on January 10, 1995 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 4-6 Abbott Road Peter DelMonte Demolition Timothy W. Dyrek, Mark $19,900.00 Wintringer, Anthony Krupski 121 Knowlton Ave., Ken., NY 136 Best Street Lebis Enterprises Quincy Carr $ 4,200.00 136 Best St., Bflo., NY Aggregate Bid: 165 Waverly Street Young's Auto & Housewrecking Barbara Williams Swygert $ 5,600.00 27 Goulding Ave., Bflo., NY 175 Waverly Street $3,700.00 Rosie N. Rose $9,300.00 TOTAL AGGREGATE BID 266 Purdy St., Bflo., NY Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated January 12, 1995 be, received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Peter DelMonte Demolition at a cost of $19,900.00, relating to 4-6 Abbott Road; to Lebis Enterprises at a cost of $4,200.00, relating to 136 Best Street; to Young's Auto & Housewrecking at a cost of $5,600.00, relating to 165 Waverly Street; at a cost of $3,700.00, relating to 175 Waverly Street; for a total aggregate bid to Young's Auto & Housewrecking at a cost of $9,300.00; are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 12 NOES- 0. No. 59 Report of Emergency Demolition Bids for Various Locations Within the City Due to the very serious and hazardous condition of the buildings located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations i.e., in accordance with guidelines outlined in Chapter 113 of the ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on January 3, 1995 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 703 Best Street Eastwood Industries Roosevelt & Marguerite Spears $7,900.00 146 French St., Bflo., NY 143 Mills Street Young's Auto & Housewrecking Joseph W. LaDuca $7,700.00 309 North St. #26, Bflo., NY AGGREGATE BID 180 Coit Street Young's Auto & Housewrecking Willie C. Merrill $4,600.00 16 Sweetbriar, Ton., NY 272 Coit Street Young's Auto & Housewrecking Willie C. Merrill $5,100.00 16 Sweetbriar, Ton., NY $9,700.00 TOTAL AGGREGATE BID Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated January 12, 1995 be, received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Eastwood Industries at a cost of $7,900.00, relating to 703 Best Street; to Young's Auto & Housewrecking at a cost of $7,700.00, relating to 143 Mills Street; at a cost of $4,600. 00 (aggregate bid) relating to 1 80 Coit Street; at a cost of $5, 1 00. 00 (aggregate bid) relating to 272 Coit Street; for a total aggregate bid to Young's Auto & Housewrecking at a cost of $9,700.00; are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 12 NOES- 0. No. 60 Report of Emergency Demolition Bid For 647 East Delavan Avenue Due to the very serious and hazardous condition of the building located at the above-stated property, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on December 22, 1994 and that the contracts will be awarded to the following lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 647 East Delavan Ave. Eastwood Industries City of Buffalo $5,900.00 Please be further advised that the sewer and water service will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated January 10, 1995 be, received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Eastwood Industries at a cost of $5,900.00, relating to 647 East Delavan Avenue, is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000. PASSED. AYES- 12 NOES- 0. No. 61 Report of Emergency Demolition Bid For 1504-06 Genesee Street Due to the very serious and hazardous condition of the fire-damaged building located at the above-stated address, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on January 7, 1995 and that the contract will be awarded to the lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 1504-06 Genesee St Lebis Enterprises Lee Harrison $17,000.00 329 Box Avenue Buffalo, New York Please be further advised that the sewer and water service will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated January 12, 1995 be, received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Lebis Enterprises at a cost of $17,000.00, relating to 1504-06 Genesee Street, is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 12 NOES- 0. No. 62 Report of Emergency Demolition Bids for Various Locations Within the City Due to the very serious and hazardous condition of the buildings located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these location i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on December 22, 1994 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 24 Spiess Street Young's Auto & Housewrecking Steven Mackie $ 5,400.00 1031 Michigan Avenue Buffalo, NY 16 Davey Street Eastwood Industries Lynn Dwigun & T. Churchill $4,300.00 153 Dartwood Buffalo, NY 14227 882 Clinton Street J. Martin John & Amy Gattie $6,000.00 5389 Berg Orchard Park, NY 483 Madison front & rear Young's Auto & Housewrecking Robert Smith $9,300.00 167 Hamlin Road Buffalo, NY Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated January 10, 1995 be, received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Young's Auto & Housewrecking at a cost of $5,400.00, relating to 24 Spiess Street; to Eastwood Industries at a cost of $4,300.00 relating to 16 Davey Street; to J. Martin at a cost of $6,000.00 relating to 882 Clinton Street; to Young's Auto & Housewrecking at a cost of $9,300.00 relating to 483 Madison (front and rear); are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 12 NOES- 0. No. 63 Report of Emergency Demolition Bids For Various Locations Within the City Due to the very serious and hazardous condition of the buildings located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on December 13, 1994 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID AGGREGATE BID 296 Sweet Avenue Young's Auto & Housewrecking William W. Soos $ 5,800.00 354 Dearborn, Bflo., NY 374 Sweet Avenue Young's Auto & Housewrecking Mark Zakrzewski $ 7,100.00 5869 Lakeview Terr., Lakeview, NY 402 Sweet Avenue Young's Auto & Housewrecking Robert Koerntgen $ 5,750.00 141 Fernwood, Grand Island, NY 407 Sweet Avenue Young's Auto & Housewrecking Tina Argentieri $ 6,100.00 2852 Transit Rd., West Seneca, NY 463 Sweet Avenue Young's Auto & Housewrecking Robin Block, Sr. $ 7,700.00 82 Amber St., Bflo., NY $32,450.00 TOTAL AGGREGATE BID Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated January 9, 1995 be, received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contracts to Young's Auto & Housewrecking at a cost of $5,800.00, relating to 296 Sweet Avenue; at a cost of $7, 100.00, relating to 374 Sweet Avenue; at a cost of $5,750. 00, relating to 402 Sweet Avenue; at a cost of $6, 1 00. 00, relating to 407 Sweet Avenue; at a cost of $7,700.00, relating to 463 Sweet Avenue; for a total aggregate bid of $32,450.00; are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 12 NOES- 0. No. 64 Cancel/Adjust Demolition Order - 441 Masten Avenue Item No. 40, CCP 12/13/94 Please be advised that our department has canceled the demolition order for the property located at 441 Masten Avenue. The total aggregate bid cost will be reduced by $5,900.00. Therefore, the total cost of the project being charged to the Special Assessment Fund #500-000-002-00000 is $17,800.00. RECEIVED AND FILED. No. 65 Recovery Cost From Housing Court Item #187, CCP, December 27, 1994 In response to the above stated Common Council Communication, I would like to supply your Honorable Body with the following information. Chief Clerk of Housing Court, Lee Gagnon (847-8220) has been contacted and is preparing a revenue report from fines collected for the 1994 calendar year. When completed, this report will be given to the Common Council. If further information concerning any legal matters is needed, they should be addressed to the Department of Law. I trust that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 66 D. Murphy-Environmental Assessment 1489 Fillmore Item No. 101, C.C.P. 12/27/94 In response to the above stated Common Council communication, I would like to supply your Honorable Body with the following information. Current environmental concerns at the former General Electric Plant in the City of Buffalo, have been handled thoroughly and with extreme caution. Currently monitoring wells at the site continue to check for any migration of foreign substances.. As of this date we have not received a complete report from our engineering consultant. We are to receive such a report upon completion of this project. As soon as we received this documentation we will forward this information to your Honorable Body for your review. As to the question of minority participation on this project, we believe that his falls under the jurisdiction of the department of Human Resources, Division of Urban of Affairs. In reference to the General Electric Corporation role in this project, it is my understanding that an open line of communication between the city of Buffalo, department of Law and representatives of General Electric has been established. If further information concerning any legal matters is needed, they should be addressed to the department of Law. I trust that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 67 Title Status/Immediate Demo -1143 Seneca St. Item #184, CCP, December 27, 1994 In response to the above stated Common Council Communication, I would like to supply your Honorable Body with the following information. A title search on 1143 Seneca Street was completed on December 28 ' 1994 by our staff Real Estate Specialist, which showed the former owner Norman Jaeckle as deceased, and a Cheryl Jaeckle of 9 Longnecker, Buffalo, New York as the executrix of the decedent's estate. Because the Housing Court case was written in the name of the decedent on March 28, 1994, a new Demolition Court case is currently being prepared in the name of the executrix, with an inspection scheduled for January 5, 1995. A five day notice to repair or demolish will be sent to the executrix, and the necessary actions will ensue to schedule 1143 Seneca Street for demolition within thirty days. If further information concerning any legal matters is needed, they should be addressed to the Department of Law. I trust that this response satisfies your inquiry. RECEIVED AND FILED. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 68 Remove Restaurant License Fees In response to Item #148 C.C.P. January 10, 1995 "Restaurant License Fees" please be advised that there is much more to it than health and sanitary matters as stated in the resolution. The cost of administrative control is completely being overlooked. There are several major administrative items that the license fee covers. First, there is the notification process. Before a license can be granted six different agencies must be notified. They are Zoning Board, County Health Department, Fire Department, structural, electrical and plumbing offices. Approval must be received from each of the above before a license can be granted. Second, the power to revoke the license rests with the License Director. Therefore, he has to act on all complaints, conduct hearings, and resolve all issues. Lastly, the license serves as a starting point for various other licenses to include: dancing, encroachments, music, coin controlled devices, and arcade. There is a lot of coordination and administration involved in issuing this license for the mere fee of $31.50, even if an inspector does not go out each year. Even the time to write the response to this resolution has an administrative cost associated with it. Expand these costs over the entire realm of administering controls over any undertaking and you can see how fees are justified. It costs about the same amount of money to register a vehicle in this State and one could argue all you get is a little sticker, easily forgetting the administrative costs of issuing that little sticker. The City only realizes 3.1 million dollars for issuing all its licenses. This is a very small amount of revenue when you consider the span of control the City must exercise to maintain good order. This span of control is much wider at the local level than any other level of government. Yet without this control the health and safety of the citizens could not be guaranteed. In the spirit of cost recovery it would also not be fair to transfer the 3.1 million dollars to the property taxpayers since they did not receive the direct benefit. Restaurant owners should view their licenses as a cost of doing business and not expect the administrative cost of regulating their business to be paid by the property taxpayers. The City is facing a gap of 5.4 million dollars in the current year and 20 million dollars in 95-96. It would not be right to ask the property taxpayers to pay for the cost of regulating a business where they do not benefit directly nor where they had to in the past. The Department of Administration and Finance is opposed to this resolution. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 69 General Fund - City Gap Sheet Second Quarter 1994-95 Under this cover please find the City's General Fund Gap Sheet for the second quarter of fiscal year 1994-1995, ended December 31, 1994 and the Mayor's plan for addressing the gap. The second quarter gap sheet projects a negative fund balance of $4.317 million for the 1994-95 fiscal year, an improvement of $1.068 million from the first quarter projection of $5.385 million. Please note that this is a preliminary estimate based upon information currently available to the budget office. The slight improvement in the gap figure is the result of variances from the first quarter that affect both revenues and expenditures. While we feel we are safe in making these new projections, it is important to realize that there are many other factors yet to occur that could result in the ultimate gap being larger or smaller. These factors are discussed under "Factors Affecting Second Quarter Gap Assumptions." Second Quarter Gap Assumptions Aggregate revenue projections are up $871,000 from the first quarter. Increases in revenues are projected for: * Sales Tax: the second quarter gap assumes an increase of 0.5% from budget, about $230,000, bringing the sales tax to a total projected increase of 1.5%. * Investment earnings : the second quarter gap assumes $300,000 in increased earnings from investment, due to increased interest rates. * Increase in projected revenues from Building permits: Approximately half of this increase is the result of unbudgeted permits for the Crossroads Arena project, which will not be repeated in the future. * Aid from Erie County: The second quarter gap assumes $450,000 in aid from Erie County ($150,000 that was approved in the County's 1994 budget and $300,000 that was approved in the 1995 budget). Neither of these payments has been received to date. The increased revenues mask some problem areas. Revenue projections for parking violations and utility taxes are down $350,000 and $670,000, respectively, from the first quarter. The utility tax shortfall is due to the mild winter. Total expenditures are projecting savings of $197,000 from the first quarter. Expenditures for street salt are showing savings of approximately $100,000. street overlay costs have been reduced by $205,000 due to BURA financing of some projects. Repairs to the Cotter have been postponed due to a strike at the shipyard, saving $94,000. Pension costs, which are down from budget, remained relatively stable, although this could be reversed by accruals. The $459,000 Reserve for Tax and Credit Stabilization is used to reduce the gap. Expenditures for gasoline and postage are projected to increase due to price increases. Total personal services expenditure projections increased $440,000 from the first quarter, with overages in overtime and court time continuing. It is important to note, however, that the hiring freeze and early retirement incentive have enabled the city to meet its attrition goal. Factors Affecting Second Quarter Gap Assumptions There are a number of factors yet to be resolved that could make the gap larger or smaller. Factors that could affect the gap positively include: * an increase in Sales Tax revenues over the 1.5% growth level assumed in the gap. The Budget Office is cautious about increasing revenue projections further given the history of fourth quarter adjustments and a lack of data on Christmas shopping and cross-border shopping. * savings in Refuse disposal costs could also show savings, particularly as a result of the suspension of heavy trash collection that was announced at the end of the first quarter. However, any savings in this area may be required to fund the increased costs of the Firefighter Agility Exam and potential increases in the BMHA subsidy. Factors that could make the gap worse include: * a cut in current year state aid: Discussions with the state Division of Budget and the Assembly Ways and Means Committee indicate that the state is considering not honoring the intent language contained in its 1994-95 budget regarding General Revenue Sharing. If this intent language is not adopted in the state'$ 1995-96 budget, the city will face a 10 percent, or $3 million, reduction in its budgeted revenue sharing. * the holding back of $1.1 million in revenue from the Water Board: The potential shortfall in revenue from the Water Board results from the fact that the Water Board is not meeting its 15 percent bond coverage covenant with its bondholders. The Water Board has informed the city that it will withhold its January 1, 1995 payment of $1.1 million until June in the hope that collections will improve sufficiently by that time to allow the Water Board to make its payment and still meet it obligations to its bondholders. Current projections of collections indicate that the Board could short the city $740,000. Plan for Closing $4.3 Million Gap As Mayor Masiello indicated at the close of the first quarter, the administration is committed to doing anything and everything required to end the year on budget. It is an absolute necessity that the city close the projected gap without a deficit note. The issuance of a deficit note will undoubtedly result in a down-grading of the city's credit rating which will, for all intents and purposes, begin the cycle that will put the city out of business. Consequently, the Mayor's plan for addressing the $4.3 million gap, outlined below, calls for a layoff of approximately 35-40 provisional, temporary and exempt employees, merging the administration functions of Buildings and Engineering, consolidating the Division of Youth with the Division for Recreation, eliminating the position of Director of Water, eliminating a Deputy Fire Commissioner position, instituting a spending freeze on 300, 400 and 500 level accounts, receiving the Street's department recycling grant in the current year, using the Reserve for Capital Appropriations (050 account) as a resource in the current year and reducing the number of permanent positions through temporary furloughs and layoffs. Unfortunately, these initiatives, as painful as many of them are, are not sufficient to close the entire gap. After all these measures are taken, a $1.0 million gap will remain. Outline of Gap Closing Plan - $4.317 million + .44 Savings over 5 months from layoff of temporary, provisional and exempt employees. + .10 Consolidations, Division of Youth and Division of Water. + .10 Furlough/layoff permanent employees. + .50 Spending freeze 300, 400 and 500 accounts. + .84 Recycling Grant. + 1.30 050 Account as resource. - $1.037 million gap remaining. The administration has already begun undertaking those initiatives it can implement unilaterally. A list of temporary and provisional positions is currently being reviewed by Civil Service and exempt employees have been notified of their termination. A spending freeze has been ordered by the Mayor. Streets Commissioner LoVallo is working to finalize a payment schedule on the recycling grant. The initiatives requiring Council action, i.e., Certificates of Necessity and/or Salary Ordinance Amendments are as follows: Consolidating the Division of Youth with the Division for Recreation; furlough/layoff permanent employees; and taking the Reserve for Capital Appropriations (050 account) as a resource in the current year. The administration will prepare the necessary Transfers of Funds and Salary Ordinance Amendments and submit them to your honorable body for your consideration as developments permit. Suggestions for Closing the Remaining Gap Closing the remaining gap will require the support and cooperation of everyone in city government and perhaps beyond. Some possible solutions to the remaining gap are: cutting additional permanent positions, asking the County of Erie to give the city the $1 million it has budgeted in consolidation funds as a straight grant and asking the Buffalo Board of Education for some assistance with the city's debt service requirements. Discussions with Board staff have been initiated. It should be obvious that none of the actions discussed in this submission are easy. Nonetheless, I do not feel we have many alternatives, and must move as quickly as possible to adopt a plan and close the gap. The later in the fiscal year we are, the less savings result from any action. In addition, it is important to emphasize that the city is facing a best case $17.7 million budget gap in the 1995-96 fiscal year. This best case estimate assumes no employee raises, no desegregation settlement and state General Purpose Revenue Sharing aid in the amount of $32.6 million. Discussions with the state Division of the Budget and the Assembly Ways and Means Committee indicate that this last assumption is extremely optimistic. In all likelihood revenue sharing will be reduced to the authorized 1993-94 level of $29.6 million, a loss of $3 million, making the projected gap for 1995-96 $20.7 million. I hope this document will help inform the Common Council on the city's fiscal condition and I stand ready to meet with your honorable body to discuss solutions to our problems. REFERRED TO THE COMMITTEE OF THE WHOLE. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 70 Certificate of Appointment Appointment effective January 12, 1995 in the Department of Human Resources, Division of Substance Services, Christa Hodge, 101 Frontenac, Buffalo 14216, to the Position of Substance Abuse Specialist, Permanent, at the Intermediate Starting Salary of $24,103. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BOARD OF EDUCATION No. 71 Purchasing Practices Item 165 C.C.P. 1/10/95 The Board of Education and the City of Buffalo have met on this issue and are currently developing the list required by the Common Council. The First meeting was held on January 11, 1995 and another meeting is scheduled for January 19, 1995 at 8:00 AM. Mr. David Schoen of Peat Marwick attended the first meeting and will be at upcoming meeting. RECEIVED AND FILED. FROM THE BUFFALO URBAN RENEWAL AGENCY No. 72 Change Order #1 - General Construction Broderick Park Concession Stand I herewith submit to Your Honorable Body the following change in contract for general construction associated with the Broderick Park Concession Stand, contract #9178200 with Miller Enterprises: 1.) Demolition, backfill, grading and seeding of former Customs Building foundation adjacent to the new concession stand. Add $8,100.00 2.) Additional costs related to unstable soil conditions found during excavation for concession stand foundation: Excavation necessary to widen and undercut all foundation walls due to unstable ash fill found during excavation, 107.2 cubic yards at unit bid price of $20.00, Add $2,144.00 Placement and compaction of select stone backfill to achieve stable soil conditions beneath foundation walls, 106.7 cubic yards at unit bid price of $30.00: Add $3,201.00 Additional concrete for widened foundation walls, 12.2 cubic yards at $175.00: Add $2,135.00 Total Add $15,580.00 The customs building demo was necessary to remove and unsafe condition and provide an aesthetic site upon completion of the project. The additional excavation, backfill and concrete were necessary to properly construct the foundation on unstable soils. Funds for these additional work items are available in Bond fund #200-717-524. A contract summary is as follows. Original Contract Amount $170,300.00 Amount this Change #1 $ 15,580.00 Revised Contract Amount $185,880.00 I therefore recommend that Your Honorable Body Authorize the Commissioner of Community Development to issue a change order to Miller Enterprises as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CITY CLERK No. 73 Certificate of Appointment Appointment effective January 17, 1995 in the Department of City Clerk Ruth O'Leary 397 Abbott Road, Buffalo, NY 14220, to the Position of Teller, Permanent, at the maximum Starting Salary of $25,135. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 74 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 229 Mackinaw Gallagher's Pub Terrence Gallagher 423 Elmwood Kodiak Cafe Humpback Whale Enter., Inc. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 75 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Public Works- Richard Ogorek, Jr. Bart Sumbrum, Mildred Manuszewski Street Sanitation- Thomas Whalen Human Resources- Barbara Carson RECEIVED AND FILED. No. 76 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 Emergency Medical Services Board Zoning Board of Appeals RECEIVED AND FILED. No. 77 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 10, 1995 in the Department of City Clerk Cherrie L. Kennedy, 148 Bird Ave., Bflo, NY 14213 to the Position of Intern III Seasonal, at the Flat Starting Salary of $5.00 hr. Appointment effective January 10,1995, in the Department of Common Council, David S. Grek, 23 Dunlop, Buffalo 14215, to the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00 hr. Appointment effective January 19, 1995 in the Department of Common Council Sheryl Davey, 320 Longnecker Street, Buffalo, NY 14206, to the Position of Intern IV, Seasonal, at the Flat Starting Salary of $ 6.00 hr. Appointment effective October 31, 1994 in the Department of City Clerk Kevin M. Kelley, 171 Harding Road, Buffalo, NY 14220, to the Position of Asst. Deputy City Clerk, Provisional, at the flat Starting Salary of $32,948. No. 78 Appointments-Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Appointment effective Monday, January 9, 1995 in the Department of Mayor's Office, Division of Youth opportunity and Internship Programs to the Position of Intern II, Seasonal, at the Flat Starting Salary of $ 4.25 hr. Jennifer Barrett, 30 Ridgewood Road, Buffalo, NY 14220 Maurice I. Carter, 203 Florida Street, Buffalo, NY 14208 LaDonna Collier, 719 Elmwood Ave., Apt. 3, Buffalo, NY 14222 Contann L. Crawford, 64 Gerald Place, Buffalo, NY 14215 Miguel D. Hernandez, 191 Roslyn Street, Buffalo, NY 14215 Kenya K. Hobbs, 141 Orleans Street, Buffalo, NY 14215 David D. Koren, 65 Niagara Falls Blvd., Buffalo, NY 14214 Christian Mink, 45 Heath Street, Buffalo, NY 14214 AnnaLisa Prada, 1910 Sheridan Drive, #10 Buffalo, NY 14223 Dob K. Ward, 315 Dewey Avenue Buffalo, NY 14214 Nicole M. Williams, 237 Lafayette Avenue, Buffalo, NY 14213 Annalisa Prada, Apt # 2, 506 Linwood Ave, Buffalo, NY 14209 Appointment effective Tuesday, January 17, 1995 in the Department of Mayor's Office ,Division of Youth Opportunity and Internship Programs to the Position of Intern II, Seasonal, at the Flat Starting Salary of $ 4.25 hr. Joshua J. Blamowski, 21 Weiss Street, Buffalo, NY 14206 Katherine N. Chilungu, 76 Phyllis Avenue., Buffalo, NY 14215 Rahman Y. Davis, 77 Waverly Street, Buffalo, NY 14208 Darcell McDonald, 262 Cedar Street, Buffalo, NY 14204 Farieda H. Yafai, 675 Delaware Ave., Apt. 610, Bflo, NY 14209 No. 79 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF STADIUM & AUDITORIUM Appointment effective January 19, 1995 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, Sandra L. Simmons, 1337 E. Ferry St., Buffalo, 14211 to the Position of Laborer I, Seasonal, at the flat Starting Salary of $6.22 hr Appointment effective January 23, 1995 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, to the Position of Laborer I, Seasonal, at the flat Starting Salary of $6.22 hr. Anthony D. Williams, 429 Glenwood Ave., Buffalo, 14208 Charles Redden, 1013 Smith St., Buffalo, 14212 Thomas V. Aurellio, 31 Hartwell Rd., Buffalo, 14216 Appointment effective January 6, 1995 in the Department of Stadium & Auditorium Division of Memorial Auditorium to the Position of Sr. First Class Stat Eng. Temporary, at the flat Starting Salary of $7.33 hr. Mark E. Meyers, 1299 Seneca St., Buffalo, 14210 Appointment effective January 11, 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 hr. Troy G. Haggins, 15 Earl Place, Buffalo, New York 14211 Appointment effective January 12, 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 hr. Matthew Michaux, 53 Tioga Street, Buffalo, NY 14216 Dennis M. Slomba, 190 O'Connell Avenue, Buffalo, NY 14210 Appointment effective January 17, 1995 in the Department of Public Works Division Water, to the Position of Water Service Worker, Seasonal, at the Flat Starting Salary of $ 6.26 hr. Richard Toczek, 139 Peter Street, Buffalo, 14207 Appointment effective January 6, 1995 in the Department of Public Works Division of Buildings, to the Position of Senior First Class Stationary Engineer Temporary, at the Flat Starting Salary of $ 7.33 hr. Alan B. Pilat, 28 Kamper Street, Buffalo 14210 Appointment effective January 13, 1995 in the Department of Public Works Division of Buildings, to the Position of Senior First Class Stationary Engineer Temporary, at the Flat Starting Salary of $7.33 hr. Jeffrey M. Moffett, 60 Tuscarora Road, Buffalo 14220 DEPARTMENT OF PARKS Appointment effective January 17,1994 in the Department Of Parks, Division of Parks, to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr. Willard Anderson, 222 Mulberry Street, Buffalo 14204 DEPARTMENT OF FIRE Appointment effective January 18, 1995 in the Department of Fire Division of Fire Alarm Office, to the Position of Assistant Fire Alarm Dispatcher Permanent, at the Flat Starting Salary of $ 44,798. James Pitz, 20 Euclid Place, Buffalo, 14210 DEPARTMENT OF ADMINISTRATION & FINANCE Appointment effective January 3, 1995, in the Department of Administration and Finance, Division of Parking Enforcement, to the Position of Tow Truck Operator, Permanent, at the Minimum Starting Salary of $ 22,266. Joseph P. Fronczak, 54 Fredo Street, Buffalo 14206 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 80 T. BANKS Request To Purchase Firehouse-421 Best I am writing this letter with the intent to purchase property from The City of Buffalo, The Fire House located at 421 Best and Earl streets. The intended purpose for the property is to provide quality Day Care services in a highly distressed community. I will be targeting, low income families; including single parents and teen mothers, as well as after school tutorial services for school age children. I am currently applying for a grant from The New York State Department of Social Services with available funds up to 4 Million dollars. The funds will be used to purchase and renovate the property mentioned above. The purchase offer range is 50,000 dollars however, the purchase price can be negotiated at a later date. I am requesting a letter of consensual support that states the city is willing to convey the title if proper regulations are enforced. Further action will be taken upon the grants approval. Moreover, I would like my proposal to be placed on the Common Council Agenda on January 24,1995. Should you have any additional questions please contact me or leave a message at 882-7021. Thanking You in advance for your cooperation. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. No. 81 C. DUNNE Special Population Saturation In Allentown I was at the meeting at the Troop I Post on January 10th, and although I was not on the agenda that night, I would like to express my thoughts on the situation. I will try to keep it brief. We purchased our 4-unit building which we live in, in 1987 and moved to downtown because we truly believed in the revitalization of downtown and enjoyed the cultural offerings of the City, my husband coming from E. Amherst and I from Orchard Park. Over the past seven (7) years we have seen the area steadily deteriorate while the "special population" increased. In just the past six (6) months, a visitor's car was stolen from the rear of our driveway; a drunk/bum slept it off on our front lawn; panhandlers/scam artists ring our doorbells soliciting funds; a relatives car was broken into Xmas eve while visiting us; plus numerous unpleasant encounters on the street. Several of our friends and relatives will no longer visit us as they are afraid to park on the street and walk to the building, and I find myself lying constantly to them, telling them "it isn't so bad" -when it fact it is that bad and worse. Our tenants leave as soon as their leases are up and our vacancy rate increases each year. What we could rent easily seven years ago just by word of mouth, we now have to hard sell and lie to potential clients about the area. Of course They find out soon enough and leave anyway. And they all move to the suburbs. Compound this with the fact that our taxes have gone from $2400 in 1988 to $7200 in 1994 because the City decided a few years ago that a 4-unit no longer qualifies for Homesteading, even though we personally occupy more than 1/3 third of the building. (If we were to apply for that same mortgage today, the bank would not approve it). So we are stuck here struggling to make mortgage payments on property that is rapidly decreasing in value. Yes, we have considered selling, but we could not sell for what we still owe, if we could sell at all, not to mention the cost of selling. We currently have three vacant residential buildings just two doors from us, plus numerous vacant businesses, all of which were fully occupied in 1988. I no longer walk the four short blocks to the Theater district where I do volunteer work. My husband and I no longer take evening walks. Our children don't want to visit us out of fear. And taking the grandchildren outdoors is out of the question. I was aghast at the number of 911 calls made to these so called well-controlled agencies. These same people who tell us their agencies do not create problems probably work 9-5 and then go home to their relatively safe, relatively quiet homes in the suburbs. We property owners in Allentown live this - 24 hours/day, 7 days/week. Putting an immediate moratorium on new and expanding agencies is not enough. You have to eliminate the duplication of agencies and move some of them into other areas of the city and county. The agencies will tell you that they need to be accessible to their clients. But let's face it, this "special population" are not original residents of Allentown. Some of them even came from Amherst and Orchard Park. They managed to find their way downtown and will find their way to any other area, if need be. As for the ever decreasing tax base in the City, it doesn't take a high paid financial wizard to figure out that if you continue to allow non-profit agencies gobble up as many vacant buildings as possible, which thereby decreases the value of the existing occupied property around them, the tax base will rapidly decrease. Even a vacant business building generates some tax revenue. If something isn't done soon, you may as well build a fence around Allentown, give us a reasonable price for our property to enable us to move out, and dump all the counties problems here. And let our once beautiful historic area become the laughing stock of the country. Moving downtown, from the suburbs has been undoubtedly the worse mistake we have ever made. And what we thought was going to be a cushion for our retirement years will be an albatross around our necks. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 82 K. GIOULEKAS Request- Re-take Master Electrician's Exam In follow up to communications with Councilman Kevin J. Helfer, I am submitting this letter for your review and consideration. At this time I wish to request retesting of Part II of the 1994 Electrical Examination which I took in the city of Buffalo for the Master Electrician's license on October 8, 1994. Last year I made a verbal request to Mr. David Pierowicz for his consideration along with the Examining Board for an alternative means of testing due to certain individuals ability to test under time restraints. This request was denied. In 1990 I requested a review of my examination when I scored a 67. Although we convened, a review was never granted. I was told the actual, exam which I took is not allowed to be reviewed. At that time I felt my right to review my own examination was grossly violated. It can be noted that I have taken the city of Buffalo Electrical Licensing Exam at least seven times and have failed primarily due to the inability to complete the examination. I always used all time available but never completed the exam. Recently I was guided by a teacher who encouraged me to complete all questions, even if it was done randomly. I feel this matter should be brought to your attention. I am asking only to be given an adequate amount of time to complete the exam. The only section which I failed was the one Section I was unable to complete. I am President of K.T. 22 Electrical Contracting Inc. formerly Master Electric Construction Inc., established and located in the City of Buffalo since 1979. Currently I maintain Master Electrician's Licenses in Kenmore, Lackawanna, Grand Island, City of Tonawanda and the Town of Tonawanda. My future in the City of Buffalo is at its crossroads. As an investor in the City I have a strong interest in securing my future. My ability to work in the City will not only allow K.T. 22 Electrical Contracting Inc. to grow but will increase my ability to make future investments in the city and to continue to be a part of its revitalization. I have much to offer the City of Buffalo and this is reflected in the properties I own: 250 Genesee Street, 47 E. Morris Ave, 680 Auburn Ave., 674 Auburn Ave. 670 Auburn Ave. and my most recent Purchase of 563 Broadway which was acquired for renovation. Again it is my hope that you will allow me to be re-examined on the one section which I failed. Given an adequate amount of time I am confident that the results will be positive. Should any hearings or meetings be scheduled to discuss this issue I would like to be notified so that I may be in attendance. Thank you for your attention and I anxiously await your response. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 83 GOSPEL FEST Request-Use War Memorial Stadium Gospelfest '95 is scheduled for Saturday, July 22, 1994. The committee would like the use of War Memorial Stadium at Best and Jefferson Avenue for this years festival. We have already booked national recording artist, Vicki Winans as the special guest. Would you please reserve that date for the festival. Please respond as soon as possible. Thanking you in advance. REFERRED TO THE WAR MEMORIAL STADIUM BOARD. No. 84 PEACE BRIDGE AUTHORITY Info-Toxic Spill Further to your letter under date of December 14, 1994 and a resolution number 176 of the Buffalo Common Council dated December 13, 1994, we would like to provide you with the following information, In accordance with the request we are attaching a copy of our "Liquid and/or Hazardous Spills Procedure for All Peace Bridge Areas." Upon Investigation and evaluation of our procedure, we have determined that our staff acted in a timely and responsible manner. A review of this matter revealed that at approximately 7.30 p.m. on November 24, 1994 a toll collector in westbound lane #1 I detected an odor from a tanker that arrived at his toll booth. Further evaluation by the toll collector and the first line supervisor resulted in the activation of our "Liquid and/or Hazardous Spills Procedure for All Peace Bridge Areas Policy.' Subsequent to calling 91 1 in accordance with the policy, the Buffalo Fire Department assumed control of the matter upon arrival on the scene. Upon further consultation with U.S. Customs and Immigration, authority personnel deemed it appropriate to close the Peace Bridge in both directions at 8:20 p.m. All traffic was diverted to the Niagara Falls crossings for those travellers destined to Canada or the United States. At approximately 10:50 p.m., the authority proceeded with the orderly re-opening of the Peace Bridge to traffic. If you have any further questions, regarding this matter please do not hesitate to contact the writer. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 85 PEACE BRIDGE EMPLOYEES Info-Toxic Spill First Observations at the Peace Bridge 11/24/94 The weather was cold and dry, about 35 degrees. There was a high wind coming off Lake Erie from the west. The wind was about 40 MPH. The Buffalo Fire Department was on the scene with quite a number of units. The Buffalo Police Department had all the surrounding street blocked off. Our unit was parked just past the extreme right toll booth. At the far west side of the approach to the bridge. This was right next to Busti Avenue. On the west side of Busti Avenue are residential homes. The distance from our unit to the homes would be about 250 feet. As Ron Fehr and I left the emergency response van we could not detect any odors. When we were along side of the unit, Ron Fehr could detect a faint odor of ethyl acrylate but I could not. It was not until we were almost on the top side of the trailer that I could detect any odor and this was very faint. While we were on the top side of the trailer, we could observe that there were still people in some of the houses. In fact, we were not aware at this time that the residents has been asked to leave by the Buffalo Dire department. At no time while we were on the scene was the odor of ethyl acrylate heavy in the air. This was most likely due to the fact that the high winds had evaporated any material that may have seeped out. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 86 L. PETRUCCI Claim For Parking Expenses Enclosed herewith please find a copy of parking receipts from the Turner Ramp for dates when I was acting Housing Court Representative for the City of Buffalo Department of Inspections. Per our contract, the Housing Court Representative is afforded all day parking in the Turner Ramp. As a Building Inspector, my parking privilege ends at 11:00 am and I was charged for the additional time while performing a city required function. Date Amount 7-22-94 $2.20 10-27-94 1.10 11-04-94 3.30 12-07-94 1.10 12-14-94 3.30 12-20-94 2.20 01-04-95 1.10 01-05-95 5.50 01-06-95 2.20 Total $22.20 REFERRED TO THE COMMITTEE ON CLAIMS. No. 87 M. ROSA Protest Parking Ticket & Signage This letter is to request a hearing for the parking ticket issued today for what I consider to be legal parking. This parking dilemma on Woodlawn Avenue the block between Michigan and Masten needs to be investigated immediately. The following is what I consider to be the problem: There are alternate parking signs on the street. On Monday ,Tuesday and Wednesday residents park on the left side of the street. On Thursday and Friday parking is permitted on the right side of the street. This was the scenario until a sign went up sometime ago on the right side of the street that does not allow parking on school days yet the alternate parking signs permitting residents to park on this side of the street on Thursday and Friday continues to hang. The no parking sign on school days is no longer visible and I believe the matter had been settled by the City of Buffalo. In essence, citizens on this residential block have been imposed an arbitrary parking signs and the problem is one that we have been made to endure for sometime and it needs to be resolved immediately. I firmly believe I was with in my legal rights to park on the right side an Thursday in accordance with the alternate parking signs. Enclosed please find the ticket. I appreciate a prompt response to this matter. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF ADMINISTRATION & FINANCE. No. 88 SALVATION ARMY Withdraw Use Permit-984 Main Please be advised that The Salvation Army, Buffalo Area Services hereby withdraws its application for a building permit referred to above immediately. When this application was prepared by our proposed contractor, Incorrect information was inadvertently provided to the Department of Public Works. We did not have an opportunity to review the application prior to its submission. The Salvation Army shall also communicate its desire to withdraw the application to The Department of Public Works. The Salvation Army reserves the right to resubmit a correct application, At this time, however, there is no matter that needs to be heard by the Legislation Committee of the Buffalo Common Council. RECEIVED AND FILED. PETITIONS No. 89 Marine Midland Bank, owner, petition to use 3101 Bailey Avenue for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 90 Marine Midland Bank, owner, petition to use 963 Main Street for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 91 Marine Midland Bank, owner, petition to use 708 Tonawanda for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 92 9274 Group Inc., owner, petition to Rezone Nos. 191 LeRoy and 2141-2163 Fillmore Avenues from R-2 to C-2 to use existing residential properties for commercial uses. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 93 Dorothy Bates and Others, oppose TCI Cable rate increase. REFERRED TO THE SPECIAL COMMITTEE ON CATV. REGULAR COMMITTEES CIVIL SERVICE HON. ROSEMARIE LOTEMPIO CHAIRMAN No. 94 Local 2651 - Oppose Hiring Freeze (Item # 61 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 95 Information - Hiring Freeze (A&F) (Item # 84 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 96 J. Thomas - Request reinstatement to Fire Dept. (Item # 113 CCP November 15, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 97 Information - Prior Reinstatement Of Police Officer (CSC) (Item # 52 CCP January 10, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 98 Exclude Exempt Fire Department Employees from Raises (Item No. 194, C.C.P., Dec. 27, 1994) That neither the 3.2 percent pay raise nor the parity raise scheduled to be paid to members of Local 282 be provided to exempt employees of the Buffalo Fire Department. Mr. Pitts now moved to recommit to the Committee on Civil Service. ADOPTED. No. 99 Exclude Fire Exempts From Raise (Fire) (Item # 49 CCP January 10, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 100 Appointment of Joseph M. Mazza Deputy Director of Substance Abuse Services (Item No. 53, C.C.P., Nov. 29, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Pitts now moved to recommit to the Committee on Civil Service. ADOPTED. No. 101 Info - Appt. of Deputy Director of Substance Abuse (HR) (Item # 85 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 102 Info - Appt. of Deputy Director Substance Abuse (CSC) (Item # 51 CCP January 10, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 103 Appointment Building Code Specialist That Communication No. 27 January 10, 1995 be received and filed and the Permanent appointment of Richard L. Ogorek Jr. stated above at the maximum salary $38,312.00 effective on December 27, 1994 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 104 Appointment-Firefighter That Communication No. 33 January 10, 1995 be received and filed and the contingent permanent appointment of Bart Sumbrum stated above at the maximum salary $39,711.00 effective on December 20, 1994 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 105 Appointment Firefighter That Communication No. 34 January 10, 1995 be received and filed and the permanent appointments of Mario Wallace, Steven Benton, Kevin Hairston, Ronaldo Parker all of the City of Buffalo stated above at the maximum salary $39,711.00 effective on December 23, 1994 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 106 Appointment Management Analyst That Communication No. 50 January 10, 1995 be received and filed and the permanent appointment of Susan E. Thomas stated above at the maximum salary $39,430.00 effective on January 1, 1995 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 107 Notices of Appointments - Seasonal (Item # 59 CCP January 10, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 108 Notice of Termination - Pilot Field Agreement (Item No. 33, C.C.P., Dec. 13, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved to recommit to the Committee on Finance. ADOPTED. AYES- BELL COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 11. NOES- ARTHUR-1. No. 109 Engage Consultant - Fire Station S. Elmwood (PW) (Item # 37 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 110 Engage Consultants - Addition to Engineering Garage (Item No. 39, 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 Commissioner of Public Works be, and he hereby is authorized to enter into a personal service contract with up to three (3) former employees, all of whom are licensed professional engineers, to assist in preparing plans and specifications for the alterations to and a vehicle storage at the Division of Engineering Garage at 1120 Seneca Street. Funds for this project are available in capital project fund #200-401-507-00-000. PASSED. AYES- 12 NOES- 0. No. 111 Grant Contract - Enforcement 21 Grant Program (Item No. 30, C.C.P., Jan. 10, 1995) That the Mayor be, and he hereby is, authorized to enter into 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 Police Department's ability to impede the sale of alcohol to minors. The Commissioner of Police is also requesting that the Comptroller be authorized to provide for an interfund cash loan in the amount of $640.00 as a 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 reimbursement is sent to the City from the State under this grant program. The Police Department's cash match for this grant is 50% (or $10,755). PASSED. AYES- 12 NOES- 0. No. 112 Grant Contract - GRIP Program (Item No. 31, CCP, Jan. 10, 1995) That the Mayor be, and he hereby is, authorized to enter into the Gun Retrieval and Interdiction Program (GRIP) between the District Attorney's Office of Erie County and the New York State Department of Criminal Justice Services. Under this agreement, the State will provide the District Attorney's Office with $110,000 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. The Commissioner of Police is also requesting that the Comptroller be authorized to provide for an interfund cash loan in the amount of $2,410.00 as a cash advance for all non-personnel expenses. All reimbursements will be sent to the City from the District Attorney's Office upon their secural of funds from the State, totalling $52,961; of which $2,410 will be used to repay the interfund cash loan. PASSED. AYES- 12 NOES- 0. No. 113 Merchant Marine Memorial (Item No. 8, C.C.P., Jan. 10, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved to recommit to the Committee on Finance. ADOPTED. No. 114 Preserve Cobblestone Streets (Item No. 153, C.C.P., Jan. 10, 1995) 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 That all contractors assigned to repair cobblestone streets be required to return to the city all cobblestone rendered unusable. ADOPTED. No. 115 Demo of 288 Miami (ICR) (Item # 40 CCP January 10, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 116 Emergency Repair Michigan Lift Bridge (PW) (Item # 25 CCP January 10, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 117 Tax Cancellation 1994-95 (Item No. 20, C.C.P., Jan. 10, 1995) That the Comptroller be, and hereby is authorized to prepare a check to be drawn on 81-2 General City Charges, 000-00-802 Tax Adjustment Fund, in favor of the City for the taxes on properties as listed in the above item in the amount of $17,754.12. PASSED. AYES- 12 NOES- 0. No. 118 Waive Portion of Rent - LaSalle Concession (Item No. 24, C.C.P., Dec. 13, 1994) That the Commissioner of Parks be, and hereby is authorized to waive a portion of the annual rent due for 1994 at the LaSalle Park Concession from Ms. Brenda Kij, the successful bidder. PASSED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 11. NOES- ARTHUR-1. No. 119 Additional Information - LaSalle Concession Lease (Pks) (Item # 28 CCP January 10, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 120 Refund Swim Permit Fee (Item No. 58, 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 above item be received and filed. ADOPTED. No. 121 Refund Swim Permit Fee (A&F) (Item # 45 CCP January 10, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 122 Monthly Overtime Report (Compt) (Item # 23 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 123 Department Call-ins (Fire) (Item # 28 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 124 1st Quarter Gap Sheet (A&F) (Item # 81 CCP November 15, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 125 Quarterly Financial Data (Compt) (Item # 9 CCP November 29, 1994) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 126 Investigate Cellblock/Central Booking Facilities at City Court (Item No. 125, C.C.P., Dec. 13, 1994) That this Common Council requests an immediate investigation by the Department of Public Works into the construction of the cellblock and central booking facilities at City Court, and that the investigation include who authorized the project and why the contractor didn't request a change order to deal with the obvious flooding problems. ADOPTED. No. 127 Structure Report Michigan Bridge over Conrail (PW) (Item # 24 CCP January 10, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 128 Liquor License Applications (Item # 51 CCP December 13, 1994) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 129 Liquor License Applications (Item # 62 CCP November 29, 1994) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 130 Liquor License Applications (Item # 92 CCP December 27, 1994) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 131 Reply to Liquor License Applications (ICR) (Item # 69 CCP December 27, 1994) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 132 Reply to Liquor License Applications (ICR) (Item # 70 CCP December 27, 1994) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 133 Reply to Liquor License Application (Assmt) (Item # 26 CCP December 27, 1994) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 134 Reply to Liquor License Application (Assmt) (Item # 27 CCP December 27, 1994) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 135 Reply to Liquor License Application (PW) (Item # 53 CCP December 27, 1994) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 136 Reply to Liquor License Application (ICR) (Item # 71 CCP December 27, 1994) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 137 Reply to Liquor License Application (Assmt) (Item # 21 CCP January 10, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 138 Reply to Liquor License Application (Assmt) (Item # 22 CCP January 10, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 139 Designate License Div. - Liaison to SLA (Item # 26 CCP January 10, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 140 NiMo - Comments on "Green Pricing" (Item # 63 CCP January 10, 1995) That the above mentioned Item be and the same is hereby referred to the Committee on Legislation. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 141 Proposed Landmark Designation 15 Eastwood Place (former St. Vincent de Paul Rectory) (Item No. 7, C.C.P., Dec. 27, 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- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, HELFER, LOCKWOOD, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 11. NOES- FRANCZYK- 1. No. 142 Maxine Hackett, Petition to use 69 Brunswick to Install Siding (Item No. 66, C.C.P., Jan. 10, 1994) That after a public hearing before the Committee on Legislation on January 17, 1995, the petition of Maxine Hackett, owner, for permission to use 69 Brunswick to install siding be, and hereby is approved. PASSED. AYES- 12 NOES- 0. No. 143 John A. Sciortino, Petition to use 1085 Niagara Street (Item No. 69, C.C.P., Dec. 13, 1994) (Item No. 126, C.C.P., Jan. 10, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That after a public hearing before the Committee on Legislation on January 17, 1995, the petition of John A. Sciortino, owner, for permission to use 1085 Niagara Street for a restaurant be, and hereby is approved. PASSED. AYES- 12 NOES- 0. No. 144 Salvation Army, Petition to use 984 Main Street - Homeless Shelter (Item No. 79, C.C.P., Nov. 29, 1994) That after a public hearing before the Committee on Legislation on January 17, 1995, the petition of Salvation Army, owner, for permission to use 984 Main Street for a homeless shelter be, and hereby is denied. ADOPTED. No. 145 Certification of Exception - 984 Main (Pres. Bd.) (Item # 3 CCP November 29, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 146 Rich Products, Petition to use 22-50 Gelston for Parking (Item No. 99, C.C.P., Nov. 1, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That after a public hearing before the Committee on Legislation on January 17, 1995, the petition of Rich Products, owner, for permission to use 22-50 Gelston for parking be, and hereby is approved. PASSED. AYES- 12 NOES- 0. No. 147 EAF - Rich Products - Use 22 Gelston for Parking (Item No. 99, C.C.P., Nov. 1, 1994) (Item No. 36, C.C.P., Nov. 29, 1994) That "Rich Products - Petition to use 22 Gelston for parking" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment Form (EAF) on this item which has been completed by the applicant (Part I) and by the City Planning Board (Part II); and Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration. ADOPTED. No. 148 Use 22 Gelston (C.P. Bd.) (Item # 2 CCP November 29, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 Use 22 Gelston (C.P.Bd.) Item # 14 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 150 Request Ordinance Amendment Fees - Certificate of Occupancy (Item No. 212, C.C.P., Nov. 15, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That this Common Council requests the Corporation Counsel to amend Chapter 175 Fees for Certificate of Occupancy by eliminating the current fee structure and introduce the following tiered fee system for multiple dwellings, payable upon application for certificate of occupancy: All buildings consisting of 3 units $ 25.00 All buildings consisting of 4-12 units $ 50.00 All buildings over 12 units $100.00 ADOPTED. AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, HELFER, LOCKWOOD, PERLA, PITTS, WILLIAMS- 9. NOES- BELL, FRANCZYK, ZUCHLEWSKI- 3. No. 151 Ordinance - Fees for Certificate of Occupancy (A&F) (Item # 49 CCP November 29, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 152 Ordinance - Certificate of Occupancy (CC) Item # 38 CCP January 10, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 153 Ordinance - Certificate of Occupancy (ICR) (Item # 41 CCP January 10, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 154 Traffic Plan - Elmwood Ave. Retail (BSA) (Item # 89 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 155 Seek NiMo Rate Reduction (Item # 140 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 156 Seek NiMo Rate Reduction (BSA) (Item # 141 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 157 NiMo - Reply to Rate Reduction Request (Item # 142 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 158 Oppose Use of Reformulated Gas (Item # 126 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. ECONOMIC DEVELOPMENT HON. CARL A. PERLA JR. CHAIRMAN No. 159 BEDC - Duties/Responsibilities E.D. Zone Admin. Bd. (Item # 97 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 160 BEDC - Audit Report Year End 5/31/94 (Item # 60 CCP January 10, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 161 Funds Transfer - Porter Avenue (Item No. 65, C.C.P., Dec. 27, 1994) That the Common Council accept a fund transfer in the amount of $19,200 from Community Development Block Grant Accounts to Division of Engineering Capital Project Account, as more fully described in the above communication, for the reconstruction of curb and walk on Porter Avenue. PASSED. AYES- 12 NOES- 0. RESOLUTIONS No. 162 By: Mr. Arthur Baseball Stadium Naming Rights Whereas: On June 29, 1986, the City of Buffalo and Pilot Air Freight Corporation signed an agreement allowing the City's new baseball stadium to be named Pilot Field; and Whereas: Under the Pilot Field Naming Rights Agreement, Pilot Air Freight Corporation was to pay an annual fee of $5 1,000; and Whereas: Pilot Air Freight Corporation failed to fulfill its contractual obligations under the terms of the Naming Rights Agreement; and Whereas: Since that time this matter has been in litigation, and the City has not received the aforesaid annual fee since prior to that time; and Whereas: The Corporation Counsel of the City of Buffalo has informed this Body that as a result of Pilot Air Freight Corporation's failure to meet its obligations under the terms of the Naming Rights Agreement, and pursuant to the Notice of Termination served upon Pilot Air Freight Corporation, as required by said Agreement, the City of Buffalo could terminate the Naming Rights Agreement; and Whereas: It would be beneficial to the City that a new naming rights agreement be put in place as soon as practicable. Now Therefore Be It Resolved: Common Council requests that the Corporation Counsel determine the steps necessary to obtain a new renaming rights agreement for the City of Buffalo's baseball stadium. ADOPTED. No. 163 By: Mr. Arthur Establish Workday for Elected / Exempt Employees: Whereas: The New York State Retirement System has conducted an audit of the City of Buffalo's records regarding reporting employees' times to the retirement System; and Whereas: As a result of the audit, the State Retirement System recommended that the City of Buffalo adopt, by resolution of the governing body, a standard workday for elected and exempt officials; and Whereas: Retirement System regulations require that this standard workday may be variable, but may be no less than six (6) hours a day in order to qualify for fulltime credit in the Retirement System; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo hereby establishes the following as a standard workday for the purpose of determining days worked reportable to the New York State and Local Employees Retirement System: All Elected Officials- five (5) day work week, eight (8) hour day All Appointed / Exempt Officials -five (5) day work week, eight (8) hour day. ADOPTED. No. 164 By: Mr. Arthur Oppose Reduction in Funding to the Corporation for Public Broadcasting by the U.S. Congress. Whereas: On Thursday January 19, 1995, Congress will begin debate on a proposal advocated by House Speaker Newt Gingrich, and Chairman of the Senate Commerce Committee Larry Presser to eliminate federal funding to the Corporation for Public Broadcasting (C.P.B.); and Whereas: The Senate Commerce Committee oversees and authorizes funds for C.P.B. and Whereas: C.P.B. is a private, not-for-profit corporation financed by contribution from the United States Congress; and Whereas: This would mean that locally our public broadcasting television and radio stations WNED AM, WNED FM, WBFO, WNED Channel 17 and 23, would lose approximately $1.5 million in funding that comes directly from C.P.B., and Whereas: It will be difficult to, if not impossible for the broadcasting companies to make up this amount through another resources; and Whereas: As a consequence of this loss, they would be force to make tough decisions jeopardizing the quality and substance of present programming; and Now There For Let It Be Resolve That: This Honorable Body go on record as opposing any reduction in funding to the Corporation for Public Broadcasting by the United States Congress. Be it Further Resolved: That the City Clerk be directed to forward a certified copy of the resolution to the Speaker of the House, Chairman of the Senate Commerce Committee, the Congress of the United States, and the W.N.Y. Delegation. ADOPTED. No. 165 By: Mr. Arthur Oppose Assistance from WNY Regional Development Council To the Village of Perrysburg. Whereas: The Village of Perrysburg has applied to the Western New York Regional Economic Development Council for a $33,000.00 Economic Development Assistance Grant to fund a reuse study for the J.N. Adams Development Center Site and Whereas: This property is own by the City of Buffalo and was lease to the State of New York in 1952; and Whereas: In 1991 the City of Buffalo received notification from the State of New York, that this site would no longer be utilized as a health facility; and Whereas: The Comptroller recommended to this Body and the previous Administration that it be used to help close the City's deficit, and Whereas: This Honorable Body has not been advised of any proposals to purchase, lease, rent, or any future use of this property by the Village of Perrysburg; and Now Therefore Let It Be Resolved That: This Common Council opposes any assistance from the Western New York Regional Development Council to the Village of Perrysburg until this Body receives and reviews a full report on the status of the above mentioned property, ADOPTED. No. 166 By: Mr. Bell Establish Single Family Property Disposition Sales Program for Public Safety Employees in the City of Buffalo Whereas: The United States Department Of Housing and Urban Development has announced a Single Family Property Disposition Program to allow government entities to purchase HUD-owned properties at a discount for resale to their public safety employees, such as police officers, firefighters, and emergency medical technicians, to be occupied by the public safety officers as their primary residences; and Whereas: An objective of this program is to enhance the general well-being of communities and make more home ownership opportunities available to employees charged with the responsibility of ensuring the safety and protection of residents in the community; and Whereas: Governmental entities choosing to purchase properties under this program will receive up to a thirty percent (30%) discount for properties in revitalization areas, and are expected to pass along these discounts to the group of buyers; and Whereas: FHA-insured financing is available to purchasers; and Whereas: If the City of Buffalo were to participate in this program, one provision of the HUD program that would have to be made more restrictive is the requirement for purchasers to occupy the premises for at least one year. That restriction should be amended to at least a five-year period; Now, Therefore Be It Resolved: That Common Council request the Department of Inspections and Community Revitalization to review the HUD Single Family Property Disposition Sales Program for Public Safety Employees and report to this Honorable Body the feasibility of establishing such a program in the City of Buffalo; and Be It Further Resolved: That the Commissioner of Inspections and Community Revitalization include in his report whether the City of Buffalo, as part of this program, could require owner occupancy of properties for a minimum five year period. REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 167 By: Mr. Collins Bond Resolution $490,000 Bonds for Improvements to Streets and Sidewalks Account 200-401-017 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $490,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction and resurfacing of various streets, including sidewalks, in the City at the estimated maximum cost of $490,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of $490,000, 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 partial reconstruction and resurfacing of various streets, including sidewalks, in the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $490,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1994-95, Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Improvements to Streets & Sidewalks," Bond Authorization Account No. 200-401-017, and shall be used for the purpose 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 $490,000. 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. of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes, Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: January 24, 1995 LAID ON THE TABLE. No. 168 By: Mr. Collins Adjust CAO Grant-In-Aid Funding Whereas: The Community Action Organization was utilized as a "pass-through" for the purpose of receiving grant-in-aid funding for three other community based organizations; and Whereas: CAO was allocated $46,175 for 1994-95, $11,175 of which was intended to go to the CAO; and Whereas: Of the remaining $35,000, Friends of the Elderly was to receive $9,000, Gemini Dance was to receive $12,000, and Masten Block Club Coalition was to receive $14,000; and Whereas: This arrangement is proving to be a bureaucratic nightmare for CAO, which is obligated to monitor the spending of the funds; and Whereas: The three agencies receiving the funds are established organizations who meet the criteria for grant-in-aid eligibility; and Whereas: The current problem can be remedied by adjusting the 1994-95 allocations of grant-in-aid funds, which would not change the total grant-in-aid allocation; Now, Therefore, Be It Resolved: That this Common Council request that the Budget Office reallocate the 1994-95 grant-in-aid funds as follows: Agency Original Change Amended Amount CAO $46,175 -35,000 $ 11,175 Friends of Elderly 11,866 + 9,000 $ 20,866 Gemini Dance $ 3,700 + 12,000 $ 15,700 Masten Block 0 + 14,000 $ 14,000 Total $61,741 0 $ 61,741 PASSED. AYES- 12 NOES- 0. No. 169 By: Mr. Collins Increased Appropriation Reserve for Capital Appropriations Department of Public Works 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 Public Works - Division of Buildings be and the same hereby is increased in the sum of $135,000. That, the comptroller be and hereby is authorized and directed to transfer the sum of $135,000 from 100-890-050 - Reserve for Capital Budget Appropriations to meet this increased appropriation as set forth below: To: 100 General Fund 40 - Department of Public Works 2 - Division of Buildings 085 - Exempt Items 910 - Building Construction & Improvements $135,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 170 By: Mr. Collins Increased Appropriation City Revenue Department of Police That, Pursuant to Section 41 of the Charter and the Certificate of tile Mayor and tile Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Department of Police, Division of Police Administration, Administration & Communications, Clothing and Uniforms be and tile same hereby is increased in the slim 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 20 - 0 - Department of Police 403 - State 85032 - Armor Body Vests Program $30,000 To meet the increased appropriation as set forth below: 100 General Fund 20 - Department of Police 1 - Division of Police Administration 021 - Administration & Communications 427 - Clothing & Uniforms $30,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 171 By: Mr. Coppola Request Update, Recycling Whereas: The City of Buffalo has been involved in a city-wide recycling program for several years, and it would be beneficial to this Council to have an update on the program; and Whereas: It would also be beneficial to extend this program to apartment buildings and commercial establishments. Now Therefore Be It Resolved That This Common Council requests an update from the Commissioner of Street Sanitation on the recycling program and an estimate as to when apartment buildings and commercial establishments will be included in the city-wide recycling program. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF STREETS AND THE SOLID WASTE TASK FORCE. No. 172 By: Mr. Coppola Request Update-Composting Program Whereas: For the past year, the City of Buffalo has been involved in a composting program where city residents are required to take yard waste to a central location in each council district; and Whereas: It would be beneficial to this Council if a comparison were made between the current program and the amount collected at the curb by sanitation workers during the previous program. Now Therefore Be It Resolved That The Commissioner of Street Sanitation provide this Common Council with a report comparing the current composting program where city residents are required to take yard waste to a central location in each council district with the previous program where yard waste was picked up at the curb by special trucks. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE SOLID WASTE TASK FORCE. No. 173 By: Mr. Czajka Stop Sign At Intersection of Eller and Yonkers Whereas: The intersection of Eller and Yonkers Streets is extremely dangerous due to the fact that vehicles pick up a high rate of speed traveling to and from Genesee Street; and Whereas: There are many young children who live on Eller Street who are at danger because vehicles do not have to stop at this intersection- and Whereas: In the past the residents of this community have complained about this dangerous intersection and have asked for a stop sign to be installed but have been unsuccessful; and Whereas: This intersection continues to pose a serious safety hazard to neighborhood youths. Now, Therefore, Be It Resolved: That the Public Works Department install a stop sign on both sides of Eller Street at Yonkers Street. ADOPTED. No. 174 By: Mr. Czajka Maintenance of South Ogden- Dingens Bridge. Whereas: The bridge at South Ogden Street approaching Dingens Street, which is located over the I-190, is maintained by the New York State Department of Transportation: and Whereas: This bridge is a well traveled bridge by pedestrians who live nearby and walk to the South Ogden Street Jubilee Food store and CVS drug store: and Whereas: In the summer months the walkway over the bridge is extremely dirty with broken glass and dust accumulating to the point where mothers are unable to walk their children with baby strollers; and Whereas: In the winter months the walkway is not shoveled and the snow makes walking impassable; and Whereas: The road itself has many potholes and is in very poor condition, which makes driving over the bridge difficult for automobiles. Now, Therefore, Be It Resolved: That the New York State Department of Transportation report to the Common Council on what steps will be taken to properly maintain this bridge; and Be It Further Resolved: That the New York State Department of Transportation report to the Common Council on when the road on this bridge will be repaved; and Be It Further Resolved: That the New York State Department of Transportation explain what maintenance will be done on all other bridges that they maintain within the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, NYS DEPARTMENT OF TRANSPORTATION AND NYS THRUWAY AUTHORITY. No. 175 By: Mr. Franczyk Waive Fee For Wheelchair Ramp- 2 Gittere Whereas: On September 20, 1994 Ms. Adrianna Turner lost both of her legs due to an unfortunate accident with a Conrail Train; and Whereas: Eight year old Adrianna resides at 2 Gittere Street where she has been a prisoner in her home because of the lack of access in and out of her home; and Whereas: Through radio broadcasts on 97 ROCK, the firm of Chase Pitkin was informed about this tragic incidence. Chase Pitkin has agreed to donate the supplies and labor necessary to construct a ramp to allow for easy passage to and from Adrianna Turner's home; and Whereas: The City of Buffalo charges a fee based on construction costs to review a full set of plans; and Whereas: Chase Pitkins donation is estimated to cost $1500.00, this fee will amount to $104.00; and Whereas: This $104.00 will cause added and undue hardship on a family that has already suffered much. Let It Be Resolved: That this Common Council urge the City of Buffalo to waive the $104.00 fee for reviewing plans necessary for the building of a Handicap Ramp at 2 Gittere Street for Ms. Adrianna Turner. PASSED. AYES- 12 NOES- 0. No. 176 By: Mr. Franczyk Sublease Between Broadway Market Management Corporation and Key Bank of New York Whereas: The City of Buffalo (the "City") is the owner of Broadway Market located at 999 Broadway. Whereas: The Broadway Market Management Corporation ("BMMC") occupies and manages the market pursuant to a lease agreement with the City of Buffalo, Whereas: The lease agreement between the City and BMMC has expired and negotiations to extend the lease agreement are currently underway; Whereas: The Key Bank of New York desires to enter into a sublease agreement with BMMC for an initial period of ten (10) years and a copy of the proposed sublease is attached to this resolution (the "Key Bank Sublease".) Now, Therefore, Be It Resolved That: The City hereby consents to the terms of the Key Bank Sublease and hereby authorizes the Mayor to execute the Key Bank Sublease with such changes as he may deem necessary, convenient or appropriate. PASSED. AYES- 12 NOES- 0. No. 177 By: Mr. Franczyk Payment of Certain Small Claims Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount, and Whereas, the subject claims are eligible for consideration under the said procedure; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof, Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law: 1. Moises Colon Claim for refund of tow fee for a 1986 Cadillac that was illegally towed from private off-street parking lot. $ 82.00 2. David Dale, Attorney at Law Claim for refund of inspection fee for a Certificate of Occupancy for premises at 76 Clark Street. The inspection never took place and was not needed. $100.00 3. Joseph M. Eck Claim for loss of four garbage cans at 1937 Seneca Street. $ 32.00 4. Barry W. Eleey Claim for loss of garbage can at 343 Parkridge Avenue $ 11.00 5. Kathleen S. Kumro Claim for damage to the clothing of an employee from bleach in the ladies room at Pilot Field. $ 39.99 6. Thomas Kwiatkowski Claim for loss of garbage can at 429 Hopkins St. $ 10.00 7. Eric V. McCallie Claim for loss of garbage cans at 9 Bennett Village $ 22.00 8. Joan D. McGovern Claim for loss of garbage can at 291 Lafayette Ave. $ 10.00 9. Mary Beth Meister Claim for tire damaged by metal protruding from curb at Elmwood and West Utica which was previously reported to the City Clerk's Office as a hazardous condition $ 68.88 10. Walter Merecki Claim for loss and damage of four garbage cans at 40 Lilac Street. $ 36.00 11. Diane Persico Claim for loss of garbage can at 341 Pennsylvania. $ 9.50 12. Philipps Brothers Supply, Inc. Claim for payment of prior fiscal year Invoice #306795 for services rendered to the Fire Department. $ 84.00 13. Robert F. Rua Claim for damage to a tire by metal protruding from the curb at Elmwood and West Utica which was previously reported to the City Clerk's Office as a hazardous condition. $ 61.02 14. Service Station Maintenance Claim for payment of prior fiscal year Invoices #7736 and #7737 for services rendered to the Division of Inventory and Stores. The vendor failed to furnish the invoice in a timely manner. $ 88.00 15. Sisters of Charity Hospital Claim for Payment of a prior fiscal year invoice for services rendered to Firefighter Warren Wright who struck his hand on the door to the apparatus room on April 11, 1993. The employee has returned to work. $ 39.76 16. William Szczerba Claim for loss of garbage cans at 53 Eller Avenue. $ 20.00 17. Mark J. Woodman Claim for loss of garbage cans at 38 Ideal Street. $ 20.00 18. Amy M. Yockey Claim for loss of garbage cans at 76 16th Street $ 23.00 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES- 12 NOES- 0. No. 178 By: Mr. Helfer Permission To Erect Banner For Buffalo's 1st Annual "Olmsted Parkway Winterfest" Whereas: The 1st Annual "Olmsted Parkway Winterfest" will be held February 17 thru 20, 1995, with events scheduled in Delaware Park, Martin Luther King Park, and South Park; and Whereas: The City of Buffalo will celebrate its snowy winters with various seasonal events to be held in the unique system of parks designed by noted landscape architect Frederick Law Olmsted; and Whereas: In order to promote this event, permission is requested to erect a banner at Niagara Square from January 25, thru February 22, 1995. Now, Therefore, Be It Resolved: That the Common Council authorize the Winterfest Committee to erect a banner at Niagara Square subject to conditions set forth by the Commissioner of Public Works. PASSED. AYES- 12 NOES- 0. No. 179 By: Mrs. Lockwood Accept Environmental Protection Fund Grant Whereas, the New York State Department of State (DOS) Environmental Protection Fund (EPF), Title II Local Waterfront Revitalization Program (LWRP) provides financial assistance to local governments for LWRP plans and projects; Whereas, the City of Buffalo desires to complete and implement a LWRP guiding future waterfront land use and development; and Whereas, the DOS has awarded the City of Buffalo a $50,000 matching grant to complete the City's LWRP and draft an ordinance implementing LWRP policies; and Whereas, the Buffalo Urban Renewal Agency (BURA) is providing matching funds for the project through a cash contribution and in-kind services; Now, Therefore, Be It Resolved: That the Mayor be, and he hereby is, authorized on behalf of the City of Buffalo to accept the grant award tendered by the DOS, the Mayor is authorized to enter into all necessary arrangements and contracts to assure prompt and expeditious implementation of said project, the Mayor is authorized to execute such other action as may be necessary to effectuate the purpose of the grant and this resolution, and BURA is designated as grant recipient and administrative body for DOS grant funds. ADOPTED. No. 180 By: Mrs. LoTempio Define Enforcement of Smoking Ordinance: Whereas: "Chapter 399 - Smoking" of the Code of the City of Buffalo, recently passed by the Common Council, prohibits smoking in any city owned building or vehicle; and Whereas: Section 399-16 Enforcement, empowers the Commissioners of Police, Fire, and Public Works and the lessee of a city property to enforce this article, while Section 399 - 17 Penalties for offenses, establishes a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500) for each offense; and Whereas: Both the "Enforcement" and the "Penalties" sections are somewhat vague in that the level of the offense is not defined (e.g. - violation, misdemeanor, etc.), the actual method (e.g.- summons, ticket, arrest, etc.) for citing the violation is not explained, the delegation of authority of the stated enforcement agents is not described, the rationale for imposition of a specified fine amount (i.e. low fine for first offense, escalating amounts for repeat offenses) is lacking, and the authority (e.g. - City Court, hearing officer, etc.) to determine guilt / innocence is not specified, ; and Whereas: Clarification of Chapter 399 of the Code of the City of Buffalo is essential if enforcement of this Ordinance is to commence on April 1, 1995, the stated effective date of the legislation; Now, Therefore, Be It Resolved: That this Common Council request that the Corporation Counsel provide an explanation of the practical applications of Chapter 399 - Smoking of the Code of the City of Buffalo, with specific responses directed to the concerns raised in the body of this resolution; and Be It Further Resolved: That the Corporation Counsel file a report in response to this inquiry in time for the next stated meeting of this Council, to be held on Tuesday, February 7, 1995. REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL. No. 181 By: Mrs. LoTempio Salary Ordinance Amendment 090 - Department of Assessment The Common Council of the City of Buffalo do ordain as follows: That part of Section I of Chapter 3 5 Of the Ordinances of the City of Buffalo, relating to Department of Assessment, which reads: 4 Senior Assessor $35,455 - $41,594 is hereby amended to read 3 Senior Assessor $35,455 - $41,594 1 Supervising Assessor $37,125 - $44,075 We, Joseph Tanzella, Commissioner of Assessment and James B. Milroy, Director of the Budget, hereby certify that the elimination of one (1) Senior Assessor and the addition of one (1) Supervising Assessor is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the amount set forth in the foregoing ordinance. That a personnel requisition incident to the addition of the above position, containing a statement of the duties of such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 182 By: Mrs. LoTempio Salary Ordinance Amendment 06 - Department of Administration and Finance 4 - Parking Enforcement 022 - Parking Violations Bureau The Common Council of the City of Buffalo do ordain as follows: That part of Section 1 of Chapter 3 5 Of the Ordinances of the City of Buffalo, relating to Department of Administration and Finance - 064-021 Division of Parking Enforcement - Parking Violations Bureau, which reads: 022 1 Associate Account Clerk $23,514 - $27,387 is hereby amended to read 022 1 Senior Account Clerk Typist $21,610 - $24,282 We, Eva Hassett, Commissioner of Administration and Finance and James B. Milroy, Director of the Budget, hereby certify that the elimination of one (1) Assistant Account Clerk and the addition of one (1) Senior Account Clerk Typist is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the amount set forth in the foregoing ordinance. That a personnel requisition incident to the addition of the above position, containing a statement of the duties of such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 183 By: Mr. Pitts Appointment of Shelia J. Nickson to Commission on Human Relations Whereas: The Commission on Human Relations has a vacancy in Its Ellicott District contingent; and Whereas: The Commission has been meeting consistently to establish new programs and projects. A fully active Board Is essential to the success of the Commission's purpose; and Whereas: Ms. Sheila J. Nickson is a resident of the Ellicott District. As a retired affirmative action and education professional, Ms. Nickson will provide essential skills and expertise to the Commission. Now, Therefore Be It Resolved: That the Common Council hereby appoints Sheila J. Nickson to the Commission on Human Relations. PASSED. AYES- 12 NOES- 0. No. 184 By: Mr. Pitts Indemnification of the Board of Education; and Acceptance of Funds for the Lighted Schoolhouse Program Whereas: The Common Council approved a resolution, C.C.P. #138 September 20,1988, authorized the Department of Human Resources, through the Division or Youth and others to conduct Lighted Schoolhouse Program and, Whereas: Approval of each program must be authorized by the Common Council: and Whereas: The Lighted Schoolhouse Program continues to be of great benefit to the citizens of the City of Buffalo enabling citizens to utilize city school buildings in the evening hours during the summer, holidays, weekends and on other occasion; and Whereas: The Common Council, at its meeting of Dec. 27 1994 accepted Buffalo Urban Renewal Agency funds totaling $298,950; and Whereas: The Buffalo Urban Renewal Agency at its meeting of January 12,1995 amended that action to increase funding by $9,400 (item 3d.) and to include programs at SS. Peter & Paul Russian Orthodox and the Ontario St. United Methodist sites. Now, Therefore, Be It Resolved: That the Common Council authorizes the Department of Human Resources, through the Division of Youth, various community corporations, civic organizations, and other persons, firm corporations, and agencies to conduct Lighted Schoolhouse program, , provided that each program and its sponsor be first approved and authorized by this Common Council, that such authorization and approval to be communicated to the Buffalo Board of Education: and Be It Further Resolved: That the City of Buffalo, NY hereby agrees to indemnify and hold harmless the Board of Education of the City School District: of the City of Buffalo, NY, of and from any and all manner of action and actions, cause and causes, suits, debts, dues, sums of money account reckoning, bonds, bills specialists, covenants, contracts, variances, trespasses, damages, judgements, extents, executions, claims and demands whatsoever in the law or in equity on account of the conduct of such Lighted Schoolhouse Program undertaking with prior approval and authorization of the Common Council: and Be It Further Resolved: That the Common Council accepts additional funds allocated by the Buffalo Urban Renewal Agency in the amount of $9,400 for a revised total of $308,350 for programmatic costs. PASSED. AYES- 12 NOES- 0. No. 185 By: Mr. Pitts Ban Strip-Searches by Buffalo Police Department Whereas: In its January 17th edition, The Buffalo News reported that last September, following an arrest for failing to pay a Metro Rail fare, Gretchen Vinson was strip-searched in an unsanitary men's room in Police Headquarters by a female detective of the Buffalo Police Department; and Whereas: Under any circumstances, strip-searches are degrading and humiliating to the person being searched, however, in this case, the individual was further subjected to several other people intruding the lavatory throughout her ordeal, exacerbating her feeling of degradation and humiliation; and Whereas: In addition, the individual, having received an unsatisfactory response by the Police Department's Bureau of Internal Affairs, is contemplating suing the city because of the crude treatment to which she was subjected; and Whereas: This is one of many complaints that Councilmembers have heard over the past several years and serves notice on the disgraceful and contemptible act of strip-searching by the Buffalo Police Department; and Whereas: Legislation should be introduced to put an end to the practice of strip-searching by the Buffalo Police Department to eliminate subjecting individuals to this humiliating practice and to reduce the occasion for suing the City of Buffalo; Now, Therefore, Be It Resolved: That the Common Council request a complete report from the Commissioner of Police of the incident cited above; and Be It Further Resolved: That the Corporation Counsel prepare the appropriate legislation to ban strip-searches by the Buffalo Police Department. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE CORPORATION COUNSEL. No. 186 By: Mr. Pitts Michigan Avenue Bridge Whereas: Authorizing the City of Buffalo to participate to the extent of up to 100% of the non-federal share in the cost of a federal-aid project not on the State highway system administered by the New York State Department of Transportation. Whereas: A Project identified as Michigan Avenue over Exchange Street, BIN 2-26061-0, City of Buffalo, PIN 5754.55, funded for in Title 23, U.S. Code, as amended, calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds; and Whereas: The City of Buffalo desires to advance the above project by making a commitment of 100% of the non-federal share of the costs of the project for Michigan Avenue over Exchange Street, BIN 20-6061-0, City of Buffalo, PIN 5754.55, Now, Therefore the Common Council of the City of Buffalo duly convened does hereby; Resolved, that the Common Council of the City of Buffalo hereby approves the above subject project; and it is hereby further; Resolved, that the Common Council of the City of Buffalo hereby authorizes the City of Buffalo to pay 100% of the non-federal share of the cost of Preliminary Engineering work for the subject project or portions of the subject project that are not on the State Highway System; and it is further; Resolved, that the sum of $8,000 is hereby appropriated to cover the cost of participation in the above phase of the project, and the City of Buffalo is hereby authorized and directed to deposit such sum with the State Comptroller prior to the award of the contract; and it is further; Resolved, that in the event the full non-federal share costs of the project exceeds the amount deposited with the comptroller, the City of Buffalo shall deposit said excess amount immediately upon the direction of the Department of Transportation. Resolved, that the Mayor of the City of Buffalo be and is hereby authorized to execute all necessary Agreements on behalf of the City of Buffalo with the New York State Department of Transportation approving of the above subject project and providing for the Municipality's participation in the cost of the local share of the subject project. Resolved, that a copy of this resolution be filed with the New York State Commissioner of Transportation, it being understood that upon completion of the above project, the Commissioner shall transmit to the City a statement showing the actual costs and expenses of such work and shall notify the City of Buffalo of the amount, if any, to be returned to the City of Buffalo. PASSED. AYES- 12 NOES- 0. No. 187 By: Mr. Pitts Mrs. LoTempio Excused from January 24, 1995 Council Meeting Now, Therefore, Be It Resolved: That Councilmember Rosemarie LoTempio be excused from attendance at the stated Common Council meeting of January 24, 1995 due to her absence from the city. ADOPTED. No. 188 By: Messrs. Pitts, Arthur and Perla Ordinance Amendment Chapter 511 - Zoning The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 511 of the Code of the City of Buffalo be amended to add a new Article XXVII that shall read as follows: ARTICLE XXVII Moratorium on Community Residential Facilities 511-136 Community Residential Facilities Moratorium A. Definition. COMMUNITY RESIDENTIAL FACILITY- Any facility consisting of four or more persons not related by blood or marriage who reside in such facility and share kitchen and bathroom areas which is operated or subject to licensure by the state, or is privately owned and operated, and provides a supervised residence. B. Legislative Findings and Intent. It is recognized that community residential facilities exist in locations throughout the City of Buffalo. It is further recognized that there exists a high concentration of community residential facilities in certain areas of the City. Community residential facilities serve to defeat the community integration goals of these facilities and may substantially alter the nature and character of the affected areas to the detriment of both the residents of such community residential facilities and the community in general. The continuing unregulated placement of such facilities in areas which are already over-concentrated may be detrimental to both the residents of such community residential facilities and the community in general. C. Comprehensive Plan. It is necessary, therefore, to regulate the placement of community residential facilities in accordance with the following provisions until a zoning ordinance amendment can be developed to address these concerns in the context of a city-wide comprehensive plan. The City of Buffalo Division of Planning, in conjunction with the Department of Human Resources, shall conduct a comprehensive study and inventory of all existing community residential facilities, and shall provide their final report to the Common Council no later than December 1, 1995. The report shall include recommendations regarding the development of proper zoning controls in accordance with an overall comprehensive plan for the City. D. Prohibited action. Effective February 1, 1995 and ending February 1, 1996, no person, firm, agency or corporation shall establish a community residential facility, as defined herein, in the City of Buffalo. E. Exemptions. The Common Council may provide an exemption to the moratorium on the establishment of community residential facilities upon a showing of a demonstrated need for a community residential facility, upon a showing of a lack of concentration of community residential facilities in the area or pursuant to applicable law. APPROVED AS TO FORM Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF HUMAN RESOURCES. No. 189 By: Mr. Zuchlewski Update on Police Reorganization - Status of Expanding Precinct 13 Whereas: At the November 18, 1994, meeting of the Common Council Police Reorganization Task Force, committee members recommended expanding the Precinct 13 site to accommodate implementation of the Northwest Police District; and Whereas: The Common Council adopted Resolution 149 at its November 29, 1994 meeting, supporting the use of Precinct 13 as the Northwest District Stationhouse pending reports from Public Works, the Police Department, and the Division of Real Estate; and Whereas: In addition, Public Works was asked to prepare a cost analysis for expanding the building to determine whether additional land adjacent to the existing Precinct 13 structure would be needed to accommodate expansion and whether the Division of Real Estate would have to negotiate purchase of the additional property; and Whereas: To date, no information has been forwarded to the Common Council detailing land needs or costs associated with expansion; Now, Therefore, Be It Resolved: That the Common Council request the Commissioner of Public Works, the Commissioner of Police, and the Director of the Division of Real Estate to provide the information requested in Resolution 149, C.C.P. 11/29/94 as follows: 1. "That the Department of Public Works provide a detailed cost analysis for expansion of the existing Pct. 13 building to house a new North District Stationhouse, and include in this analysis a review of both horizontal as well as vertical expansion potential; and" 2. "That the Common Council request that the Director of Real Estate investigate the availability for purchase of Cantalician Center land for use in expansion of Pct. 13, and report back to this Council on costs for acquisition; and" 3. "That the Commissioner of Police submit to this Council a plan to address concerns related to an increased police presence in the Grant Ferry community; and" 4. "That, pending reports from the above listed departments indicating that the site is an appropriate and cost effective location, this Common Council states its support for usage of the current Precinct 13 site on Hertel Avenue as the location for a new North District Stationhouse." REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION, THE COMPTROLLER THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF POLICE. No. 190 By: Mr. Zuchlewski Discontinue Anti-Buffalo Ad Whereas: GUSTO is a weekly entertainment and advertising supplement that appears in every Friday edition of the Buffalo News; and Whereas: In the January 13, 1995 edition, an advertisement boldly proclaimed: "DON'T PARK IN BUFFALO --- without a security system from Custom Radio" ; and Whereas: The advertisement was placed by Custom Radio of Williamsville, which was promoting its automobile alarm systems; and Whereas: While the heading of the ad may draw the attention of the reader, it unfairly defames the City of Buffalo and could create needless conflict between communities; and Whereas: Auto theft may be a problem in Buffalo, but it is also the fastest growing crime throughout the country; and Whereas: Automobile thefts and break-ins are a more serious concern in the parking lots of suburban shopping malls than on the streets of Buffalo; and Whereas: Custom Radio's advertisement demonstrates a complete lack of sensitivity and very poor judgement, and such ads which reinforce negative stereotypes about a Western New York community clearly have no place in the Buffalo News; Now, Therefore Be It Resolved: That Custom Radio be requested to apologize for this ill-advised advertisement, and to promise to discontinue use of that ad in the future; and Be It Further Resolved: That the Buffalo News Advertising Department be requested to establish a policy regarding advertisements which unfairly malign a local community or which set one community against another; and Be It Finally Resolved: That the City Clerk be directed to forward certified copies of this resolution to Custom Radio and the Advertising Department of the Buffalo News. ADOPTED. No. 191 By: Mr. Zuchlewski Waive Permit Fees- Installation Of Security Motion Lights for the United Streets Block Club Whereas: The United Streets Block Club is a block club which was been formed and participating streets include, Roesch Avenue, Albemarle Street, Belmont Street, Doyle Avenue, Seabrook Street and Kenmore Avenue, and Whereas: Recently, Senator Anthony Nanula's office publicized a state funded program which offered block club's an opportunity to apply for a program in which they would be allocated funds to purchase a certain number of Security Motion Lights for installation on homes owned by elderly residents within the block clubs jurisdiction, and Whereas: The United Streets Block Club made application with Nanula's office and was granted approval to participate in this program, and Whereas: They will be using an electrician who is licensed with the City of Buffalo and the Riverside\Black Rock Neighborhood Housing Services will oversee the program, and Whereas: In homes where there is an existing light and the electrician only needs to replace that light, a permit is not required by the City of Buffalo. However, when it is necessary to wire an electrical source, a $40.25 permit fee is required by the City of Buffalo, and Whereas: This program is earmarked for senior citizens to provide additional security to their homes, and Whereas: Because this program only allocates a limited amount of funds for the purchase of lights, their installation, etc., these permit fees will only limit the number of homes that are able to be served by the program, and Now, Therefore Be it Resolved: That this Common Council waives any necessary electrical permit fees for this Security Motion Light Program so there will be more money available to purchase additional lights and the program can be offered to more individuals, PASSED. AYES- 12 NOES- 0. No. 192 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 Fire Department By Councilmember George K. Arthur ADOPTED. No. 193 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: Annmarie Higgins Mary P. Schreiner Lisa Piecki Katherine Weinzler Shirley A. Graziadei Dorothy Groblewski Phelix Harris Gloria Long Richard E. McFail Marlene Merriweather Sandra M. Murphy Michael R. O'Connor Antoine J. Polgar Renee C. Rechan Joyce Reeck Grace Salamone Minnie L. Slaughter Mary R. Silvestri Mari Walterich William J. Whitehead Joyce Zuch ADOPTED. No. 194 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: BRYANT MELINDA GERALD P. FRONCKOWIAK BUNKLEY SANDRA DAUGHTRY GLADYS VIOLET B. HALL ERNST DEBRA R. EVANS VIOLA M. ARTHUR L. KANE FISHER JOHN R. FUNK MADONNA M. JULIE L. KRETZER GAWRONSKI JUDITH GREEN EILEEN B. PATRICIA R. LASOTA HUBER ANDREW M. JANULEWICZ PAUL J. SHARON S. LEVY KAMHOLTZ SHARILYN KUBALA KRISTINE C. VERNON L. NOBLE KWITT LYNN LAHRS CORINE MAUREEN A. O'CONNELL LAH SHIRLEY S. LEE BETTYE J. TERI JO RITZ LEWIS ROSHELLE L. MARKEY DONNA STUART R. RUBIN MEILER WILLIAM H. MURPHY BENJAMIN P. ROBERT R. SANFORD SAFEE BARBARA SALADYGA FRANK A. LYDMIA V. SANTIAGO SNYDER JAMES TRIFILETTI PHILIP R. JOHN C. SKILLICORN III WATSON SANDRA M. WIERZBA JILL M. NANNIEMARIA THOMAS OWENS DORIS J. ROSE MARIE KUTA ADOPTED. UNFINISHED BUSINESS No. 195 Bond Resolution - $100,000 - Monuments (No. 178, C.C.P., Dec. 27, 1994) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Czajka. CARRIED. Mr. Pitts now moved approval of the above item. Seconded by Mr. Bell. PASSED. AYES- 12 NOES- 0. No. 196 Bond Resolution - $2,415,000 - Reconstruct Streets (No. 147, C.C.P., Jan. 10, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved approval of the above item. Seconded by Mr. Coppola. PASSED. AYES- 12 NOES- 0. No. 197 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 31, 1995 - 9:30 AM Finance Tuesday, January 31, 1995 - following Civil Legislation Tuesday, January 31, 1995 2:00 PM The Following to be held in room 1417 for February 1st only!! Economic Dev Wednesday, February 1, 1995, 10:00 AM U. R. Agency Wednesday, Feb. 1, 1995 following Ec. Dev. Ancillary Committees Marina Task Force Thurs, Jan 26, 1995, 10:00 A.M Rm. 1417 CATV Public Hrg Thurs, Jan 26, 1995, 7:00 PM Chamber CATV Friday, Jan 27, 1995, 9:00 A.M. - Rm. 1417 No. 198 Adjournment On a motion by Mr. Pitts, Seconded by Mr. Collins the Council adjourned at 3:00 P.M. Charles L. Michaux, III City Clerk