Loading...
HomeMy WebLinkAbout95-0207 No. 3 Common Council Proceedings of the City of Buffalo Regular Meeting, February 7, 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 Barbara Miller-Williams - 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, Barbara Miller-Williams, 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. SPECIAL COMMITTEE ON TAYLOR LAW IMPASSE: George K. Arthur, Chairman, Alfred T. Coppola, Kevin J. Helfer, Rosemarie LoTempio, James W. Pitts. 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, February 7, 1995 at 2:00 P.M. PRESENT- George K. Arthur, President of the Council, and Council Members Bell, Coppola, Czajka, Franczyk, Helfer, Lockwood, LoTempio, Perla, Pitts, Williams and Zuchlewski- 12. ABSENT- Collins- 1. On a motion by Mr. Pitts, seconded by Mrs. Williams, the minutes of the stated meeting held on January 24, 1995 were approved. FROM THE MAYOR No. 1 Veto- Common Council Appointment To the Commission On Human Relations The above resolution submitted by Councilmember James W. Pitts purports to appoint Sheila J. Nickson to the Commission on Human Relations. My objection is not to the person being appointed, but rather the process that appointed her. Pursuant to section 285.27 of the Charter of the City of Buffalo, the Mayor makes appointments to the Commission on Human Relations. This appointment is beyond the powers of the Common Council and is invalid. For this reason, I must return this item without my approval. I will view the Council's action on the resolution as a recommendation for an appointment to the Commission on Human Relations. Mr. Pitts moved to sustain the Mayor's veto. Seconded by Mr. Helfer. AYES- ARTHUR, BELL, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS- 11. NOES- ZUCHLEWSKI- 1. No. 2 Designation of Nominees for Appointment to the Board of Trustees of the Buffalo and Erie County Public Library Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter 768, Section 2 of the Laws of 1953, transmitted herewith is a list of three (3 ) nominees designated by me as eligible for appointment to the Board of Trustees of the Buffalo and Erie County Public Library. The County Executive, subject to confirmation by the County Legislature, will appoint one trustee from the said three (3) nominees for a term ending December 31, 1999. The appointed trustee will replace Dorothy A. McGowan. Phyllis Horton 10 Hertel Ave. Watergate Apts. Buffalo, NY 14207 Apt. 1001 Miss Horton has been an educator for the past thirty-six years, teaching Home Economics and Home Career Skills at Junior High and Senior High School level. She also taught a General Business Course, Math 7A, Typing, Banking, Career and Consumerism. At the present time she is a member of the North District Waterfront Review Committee and the Friends of the Riverside Library. Bridget Humann 72 Lancaster Avenue Buffalo, N. Y. 14222 Bridget Humann is currently a pre-kindergarten teacher at Trinity Child Care. For 6 years she was active with Children's Hospital and is a Board Member of the Art Gallery. Wayne F. Chelikowsky 54 Jewett Avenue Buffalo, N. Y. 14214 Wayne Chelikowsky is Director of Administration, Erie County Water Authority. From 1987 to 1991 he was Vice President, D'Youville College. Mr. Chelikowsky is a former member of the Board of Directors of the Buffalo and Erie County Public Library, the Buffalo Council on World Affairs, and the Waterfront Healthcare Facility. I hereby certify that all the above designees are fully qualified to serve as a member of the Board of Trustees of the Buffalo and Erie County Library. Mr. Pitts moved: That the communication from the Mayor, dated January 10, 1995, be received and filed; and That pursuant to Section 6212 of the Unconsolidated Laws, being Chapter 768, Section 2 of the Laws of 1953, the list of three (3) nominees designated by the Mayor as eligible for appointment to the Board of Trustees of the Buffalo and Erie County Public Library for terms expiring December 31, 1999 are Phyllis Horton, 10 Hertel Avenue, Watergate Apartments, Apartment 1001, Buffalo, Bridget Humann, 72 Lancaster Avenue, Buffalo and Wayne F. Chelikowsky, 54 Jewett Avenue, Buffalo be, and hereby are the designees as members of the Board of Trustees of the Buffalo and Erie County Library. ADOPTED. No. 3 1995-96 Recommended Budget - Pilot Field I hereby transmit to your Honorable Body my 1995-96 recommended budget for the Pilot Field Enterprise Fund pursuant to Local Law and Section 295.9(c) of the City Charter. This budget covers operating costs and debt service requirements for Pilot Field's 1995-96 fiscal year which runs from April 1 through March 31. At the outset I must point out that the Pilot Field Enterprise Fund is suffering from the same problem that plagues the City's General fund, namely, insufficient revenues. As you are aware, the Pilot Field Enterprise Fund ended its 1993-94 Fiscal Year with a $144,757 deficit. This deficit, which must be, and is addressed in my recommended budget, resulted primarily from revenue shortfalls brought about by decreased ticket and concession sales. Retiring this deficit, while providing sufficient funding to Pilot Field to allow for the provision of high quality professional sport entertainment, will require the best efforts of the Bisons and my staff to realize the revenues projected in my recommended budget and has necessitated several cost cutting measures. The details are as follows: Total revenues and resources have been increased 5.5 percent from the 1994-95 budget or 7.6 percent from 1993-94 actual receipts. The main source of this revenue is from non-cash refunds from prior years resulting from the dis-encumbrance of several budget lines. Other revenues where increases are projected over Fiscal Year 1993-94 actuals are rent, concessions and suite rental. It is hoped that the enthusiasm being generated by a new parent club and Michael Jordan's visits will help facilitate realization of these revenue projections. Miscellaneous revenues have been increased to $27,000 reflecting plans to rent Pilot Field's enka-mat to other sport venues throughout the country. On the expense side of the ledger, personnel costs have been reduced through a reduction in the number of seasonal employees and the transfer of two part-time, permanent laborers and the Superintendent of Auditorium Maintenance to the Auditorium Enterprise fund. The cost of security services has been reduced as well through a restructuring of the service. Unfortunately, the personnel savings resulting from the transfer of employees to the Auditorium Enterprise Fund cannot be sustained indefinitely due the construction of the Crossroads Arena. Consequently, I have instructed my staff to meet with the Bisons to discuss longterm revenue enhancements in order to eliminate, or at a minimum, reduce the need for General Fund supplementation of the Pilot Field Enterprise Fund in future years. It is important to emphasize that absent increased revenues Pilot Field will, in the very near future, become a drain on the General Fund thwarting the City's goal of making the Enterprise Fund self-sustaining. Please note too, that a $21,000 Capital Outlay appropriation has been included in my recommended budget in order to allow for the conversion of suite heating units from electric to gas service. The cost of this conversion will pay for itself through a reduction in gas utility costs. This conversion will save approximately $5,500 per week during peak usage. I respectfully request that your Honorable Body approve the budget I am submitting for I believe it addresses the 1993-94 Fiscal Year deficit, provides sufficient resources to allow Pilot Field to operate without a subsidy from the General Fund for the 1995-96 Fiscal Year and ensures that 1995-96 will be another successful season for the Bisons and the City. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 4 Marine Midland Bank - Request To Place Two Pole Signs at 3101 Bailey Avenue Item No. 89, C.C.P., January 24, 1995 The City Planning Board at its regular meeting held Tuesday, January 31, 1995, considered the above application pursuant to sections 387-19 and 511-65 of the Buffalo Code, Review of Pole Signs and the provisions of the Kensington-Bailey District. The applicant seeks to place two illuminated pole signs, each measuring 5 feet by 6 feet, or 30 square feet, and each having an overall height of 16 feet. One sign will be on the corner of Bailey and Westminster and the other will be on Westminster adjacent to the subject property's parking lot. The site is located in the Kensington-Bailey zone which does not permit freestanding signs. The applicant has petitioned the Zoning Board of Appeals for relief. Under S.E.Q.R., the signs are considered a type II action which does not require further environmental review. After discussing the signs, the Board voted to approve only the one sign at Bailey and Westminster and not the second sign. It was felt that the second sign was unnecessary and that a permitted directional sign for the parking area was sufficient. RECEIVED AND FILED. No. 5 Marine Midland Bank Request To Place a Pole Sign at 963 Main Street Item No. 90, C.C.P., January 24, 1995 The City Planning Board at its regular meeting held Tuesday, January 31, 1995, considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to replace an existing illuminated pole sign with a new illuminated sign measuring 17 feet in overall height and with a sign face area of 42 square feet (7 feet by 6 feet). The new sign will be smaller than the existing sign and will not encroach the right-of-way. The site is located in a CM zone which permits such signs. Under S.E.Q.R. the proposed sign is considered a type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign with an appropriate landscaping treatment at its base. RECEIVED AND FILED. No. 6 Marine Midland Bank Request To Erect A Pole Sign at 708 Tonawanda Item No. 91, C.C.P., January 24, 1995 The City Planning Board at its regular meeting held Tuesday, January 31, 1995, considered the above application pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to replace an existing illuminated pole sign with a new illuminated pole sign measuring 17 feet in overall height and with a sign face area of 42 square feet (7 feet by 6 feet). The new sign will be smaller than the existing sign and will not encroach the right-of-way. The site is located in a C2 zone which permits such signs. Under S.E.Q.R. the proposed sign is considered a type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign with an appropriate landscaping treatment at its base. RECEIVED AND FILED. FROM THE PRESERVATION BOARD No. 7 Proposed Demolition Great Northern Elevator (Pillsbury Mills, Inc.) 250 Ganson Street The following Notice of Completion of a Final Supplemental Environmental Impact Statement is being filed with your Honorable Body pursuant to Part 617, Section 8 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE MAYOR'S TASK FORCE ON HOUSING No. 8 Info Cancel Demo of 441 Masten Ave. This is to clarify any questions you may have regarding Item #61 of the January 24, 1995 Common Council meeting. On November 23, 1994 this office bid out three properties for demolition. This was done through an aggregate bid process (lowest bid total for all three properties combined), which when bidding in the same geographic area saves money over individual bidding. The total amount of the demolition bid for the three properties bid (168 Chester, 15 Elsie, and 441 Masten) was $23,700, with the specific cost of 441 Masten priced at $5,900. Because the owner of 441 Masten at the last minute decided to repair the property and obtained the proper permits, we canceled the demolition of 441 Masten. We are now reporting that we have canceled the demolition bid for 441 Masten and are reducing the original aggregate bid price of $23,700 by $5,900 which results in the new, reduced, aggregate bid of $17,800. This reduced figure of $17,800 still represents the cost of the other two properties that were demolished, at a price of $8,900 each. I hope this answers any questions you might have. RECEIVED AND FILED. No. 9 Mr. Collins now took his seat in the Council Chambers. FROM THE COMPTROLLER No. 10 Capital Debt Service Fund Deposits - 1994/1995 Fiscal Year Certificate Number 2-94-95 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service of Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period Commencing July 1, 1994 and ending June 30, 1995 I, Joel A. Giambra, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of Buffalo, New York Establishing a Capital Debt Service Fund, Determining the terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." duly adopted by the Common Council on March 8, 1977, and Pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 1994 and ending June 30, 1995 is $36,448,545.01. 2. The portion of said Capital Debt Service Requirement allocated to the first period (July 1, 1994 through and including November 30, 1994), is $9,404,183 87. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 1994 through and including June 30, 1994 is $27,044,361.14 4. The First Collection Period portion of the Capital Debt Service Requirement is due and Payable during the period commencing July 1, 1994 and ending December 31,1994 on the obligations, in the amounts, on the dates and at the place or places set forth below: Obligation Amount Due Date Due Place Due Serial Bonds $1,535,930.00 7/29/94 M&T Trust Co Buffalo, NY Serial Bonds 468,305.00 7/29/94 Key Trust Co Albany, NY Serial Bonds 265,735.00 8/1/94 Chase Manhattan NY, NY Serial Bonds 667,747.50 8/12/94 Key Trust Co Albany, NY Serial Bonds 764,951.25 8/12/94 Marine Midland NY, NY Serial Bonds 1,425,000.00 8/15/94 Marine Midland NY, NY BAN 201,111.11 8/16/94 Key Trust Co Albany, NY Serial Bonds 817,273.76 8/31/94 Marine Midland NY, NY Serial Bonds 15,720.00 9/1/94 Chase Manhattan NY, NY Serial Bonds 474,376.25 9/30/94 Fleet Bank Buffalo, NY Serial Bonds 1,023,450.25 9/30/94 Marine Midland NY, NY Serial Bonds 215,115.00 10/1/94 Chase Manhattan NY, NY Serial Bonds 185,300.00 11/1/94 Chase Manhattan NY, NY Serial Bonds 28,545.00 11/30/94 " " Serial Bonds 52,605.00 11/30/94 M&T Trust Co Buffalo, NY Serial Bonds 110,000.00 12/1/94 M & T Trust Co Buffalo, NY Serial Bonds 331,975.00 12/1/94 Chase Manhattan NY, NY $9,404,183.87 5. The aggregate amount to be deposited by the Director of the Treasury with the Fleet Bank, Buffalo, New York, commencing on July 1, 1994 is $9,404,183.87. 6. The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing January 1, 1995, and ending June 30, 1995, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bonds $1,535,930.00 1/31/95 M & T Trust Co Buffalo, NY Serial Bonds 468,305.00 1/31/95 Key Trust Co Albany, NY Serial Bonds 6,195,000.00 2/1/95 M & T Trust Co Buffalo, NY Serial Bonds 24,932.50 2/1/95 Chase Manhattan NY, NY Serial Bonds 1,337,000.00 2/1/95 Key Trust Co Albany, NY Serial Bonds 667,747.50 2/14/95 Key Trust Co Albany, NY Serial Bonds 736,451.25 2/14/95 Marine Midland NY, NY Serial Bonds 1,965,000.00 2/15/95 Key Trust Co Albany, NY Serial Bonds 817,273.76 2/28/95 Marine Midland NY, NY Serial Bonds 2,240,000.00 3/1/95 " " Serial Bonds 480.00 3/1/95 Chase Manhattan NY, NY Serial Bonds 474,376.25 3/31/95 Fleet Bank Buffalo, NY Serial Bonds 821,043.75 3/31/95 Fleet Trust Co NY, NY Serial Bonds 511,725.13 3/31/95 Marine Midland NY, NY Serial Bonds 1,185,000.00 4/1/95 Fleet Bank Buffalo, NY Serial Bonds 3,120,000.00 4/1/93 Fleet Trust Co NY, NY Serial Bonds 523,365.00 4/1/95 Chase Manhattan NY, NY Serial Bonds 136,925.00 5/1/95 " " Serial Bonds 28,545.00 5/31/95 Chase Manhattan NY, NY Serial Bonds 49,195.00 5/31/95 M & T Trust Co Buffalo, NY Serial Bonds 739,091.00 5/31/95 Marine Midland NY, NY Serial Bonds 3,466,975.00 6/1/95 Chase Manhattan NY, NY $27,044,361.14 7. The aggregate amount to be deposited by the Director of the Treasury with the Fleet Bank, Buffalo, New York, commencing on December 1, 1994 is $27,044,361.14. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, Fleet Bank, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. I have this day delivered a copy of Certificate Number 2-94/95 to the Director of Treasury and to the Fleet Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 24th Day of January, 1995 RECEIVED AND FILED. No. 11 Certificate of Necessity Increased Appropriation City Revenue Buildings 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 $400,000 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 an increase of $400,000 in the General Fund City Revenue account 100-40-2, 402-90000 Buildings Miscellaneous not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Dated: Buffalo, NY, January 31, 1995 RECEIVED AND FILED. No. 12 Certificate of Necessity Transfer of Funds Common Council-Councilmember 11 - Auto Allowance Common Council - Legislative - Temporary Services We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $1,449 be transferred and reappropriated from the Common Council Councilmember 11 - Auto Allowance, as set forth below: Dated: Buffalo, NY, January 31, 1995 RECEIVED AND FILED. No. 13 Certificate of Necessity Transfer of Funds Common Council - Legislative - Temporary Services Common Council-Fin Comm Chairman-Salaries, Regular We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $1,500 be transferred and reappropriated from the Common Council Legislative - Temporary Services, as set forth below: Dated: Buffalo, NY, January 31, 1995 RECEIVED AND FILED. No. 14 ATM Machine in City Hall Item #35, C.C.P., Jan 24,1995 When first brought to my attention that the Buffalo Metropolitan Federal Credit Union requested permission to install and operate an ATM machine in City Hall, I requested additional information regarding this proposal. It was my assumption that the City could Possibly derive an added source of revenue from the installation of an ATM machine in City Hall through a franchise or lease agreement with a Financial institution and not just award the operation for $1.00 a year rent. After having discussed this matter with David Vannini of the City's Commerce Office and Paul DeFranks of the Credit Union, I now realize the installation and operation of an ATM machine will not provide the City with an added revenue source, but rather provide employees and visitors in City Hall with a convenient service. Since the costs of operation and maintenance of the ATM will be addressed by the Credit Union and not the City, I support its installation under the conditions set forth by the Commissioner of Public Works. RECEIVED AND FILED. No. 15 Response T. Banks Purchase 421 Best Street Item No. 80, C.C.P. 1/24/95 The above item was referred to the Committee on Finance and the Comptroller for a response. The item is a request from Tammi I. Banks to purchase 421 Best Street. Ms. Banks intends to purchase, renovate and use this property for a day care center. To purchase and finance renovations she in applying for a grant through the State of New York Urban Development Corporation in cooperation with the New York State Department of Social Services. The Grant Program is called Child Care Facilities Construction Program (CFCP). In her grant application Ms. Banks must demonstrate her ability to obtain all necessary approvals and licenses to operate the proposed child care center. The grant allows for the acquisition of land and/or buildings including renovations for a licensed not-for-profit child care facility. Your Honorable Body may vote and authorize the sale of 421 Best Street in accordance with Article 27, Section 513 & 514 of the City Charter. The property can be sold either through a public auction or the purchaser may petition Supreme Court for the appointment of two appraisers to establish value of the City's interest in the property. The cost of such an action is to be paid for by the purchaser. The final abandonment of any City property must be approved by the Common Council after the report of bids at public auction or after the report of appraisers has been filed with the Court and the Common Council. Your approval of the abandonment and sale of this property will allow Ms. Banks to pursue all other necessary approvals and licenses to operate the proposed child care center. I am sure that Your Honorable Body will agree with me that the sale of this property to Ms. Banks will accomplish two very important goals. It will provide a much needed day care facility and dispose of a public building which has been vacant for a number of years now. Therefore, I am recommending that Your Honorable Body approve the abandonment and sale of 421 Beat Street to Ms. Tammi I. Banks, in accordance with Article 27 of the City Charter. This approval should be contingent upon Ms. Banks obtaining the required approvals and licenses to operate a child care facility. The recommendation is further conditioned upon the final approval of the purchase by the Common Council and that the final abandonment will not take place until the transfer of title. RECEIVED AND FILED. No. 16 Permission to Negotiate 12 Pink, N 1001 E Lord Vacant Lot Size: 25' x 100' Assessed Valuation: $1,400 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Jesse Carmichael of 237 Lord Street, Buffalo, New York 14206 to purchase the above captioned City-owned property. Mr. Carmichael would like to purchase this property, which adjoins his property in the rear 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. Carmichael of 237 Lord 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 31, 1995 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. Jesse Carmichael., of 237 Lord Street, for the private sale of 12 Pink and report to the Common Council the results of such negotiations. ADOPTED. No. 17 Permission to Negotiate 14 Pink, N 125' E Lord Vacant Lot Size: 25' x 100' Assessed Valuation: $1,400 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. George Workman of 16 Pink Street, Buffalo, New York to purchase the above captioned City-owned property. Mr. Workman is requesting to purchase 14 Pink Street 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 sa with Mr. George Workman of 14 Pink 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 31, 1995 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. George Workman, of 16 Pink Street, for the private sale of 14 Pink and report to the Common Council the results of such negotiations. ADOPTED. No. 18 Result of Negotiations 1510-1512 Genesee Street West Corner of Moselle Assessment, Land: $2,200 Total: 9,900 The office of the Comptroller, Division of Real Estate, has received a request to purchase the above captioned property from Mr. Morgan Randolph, 38 Terrance Villa, Fairport, New York 14450. Mr. Morgan intends to purchase and repair this property and use for investment purposes. The property consists of a frame 2 1/2 story 2 family dwelling with a one story concrete block store front like structure attached. The property was acquired by the City of Buffalo through In Rem Tax Foreclosure in 1993. The property is in fair to good condition and situated on a lot having a frontage of 451 and a depth of 801. Mr. Randolph has submitted an estimate to make necessary repairs in the amount Four Thousand Dollars ($4,000). An independent appraisal of the property was conducted by Mr. Dennis R. Walker, Appraiser, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New York 14209. He has estimated the value of the property to be Seven Thousand Dollars ($7,000). The Division of Real Estate has investigated the sale of similar properties in the area. Sale prices range from Five Thousand Dollars ($5,000) to Thirty-Two Thousand Dollars ($32,000). The results of our negotiations are that Mr. Morgan Randolph has offered to pay Five Thousand Dollars ($5,000) for the subject property. As mentioned above, Mr. Randolph has submitted an estimate to make necessary repairs to existing code violations in the amount of Four Thousand Dollars ($4,000). Mr. Randolph has provided this office with proof of his financial ability to complete the purchase and renovations of the building. Although the price offered by Mr. Randolph is Two Thousand Dollars ($2,000) less than the appraised value, I am recommending that the offer be approved. The property has been in our inventory for two (2) years now, there has been no bonafied offers received by the Division of Real Estate and the building is in need of immediate roof repairs which if not repaired immediately will cause serious deterioration of the structure. Mr. Randolph has also agreed to pay for the cost of the appraisal, recording fees, transfer tax and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the offer of Mr. Morgan Randolph in the amount of Five Thousand Dollars ($5,000). 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 the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 19 Comprehensive Annual Financial Report of the City of Buffalo for the Fiscal Year Ending June 30, 1994 This is to advise that copies of the Comprehensive Annual Financial Report of the City of Buffalo for the fiscal year ending June 30, 1994 have been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the mayor and the Budget Office. This report is available as a public record for inspection by all interested persons. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons. REFERRED TO THE COMMITTEE ON FINANCE. No. 20 Audit Report Buffalo Police Department Underwater Recovery Team In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of our review of overtime paid to the Underwater Recovery Team (URT) and the Buffalo Police Department for the period May 1, 1994 through October 24, 1994. Time for dives was being entered incorrectly for payroll purposes. The URT had been filling out their overtime slips for ten hours of overtime rather than eight hours resulting in overpayments which have since been recouped. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF POLICE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 21 Performance Audit Report Division of Housing and Property Inspection In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Division of Housing and Property Inspection audit report for the period October 1, 1989 to October 31, 1994. We found a satisfactory system of management controls present over the issuance of Certificates of Registration for multiple dwelling structures and Certificates of Occupancy for one (1) and two (2) family and multiple dwelling structures based on applicable building inspections. The Division is also developing, with the assistance of the Department of Audit and Control, a computerized file of all multiple dwelling structures currently in existence which will provide information on all the aforementioned certificates and their corresponding fees in a more timely and accurate manner. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 22 Election Process For School Board Members Although once considered to be a means to establish independence, focus and interest among concerned citizens, especially parents, the Buffalo Board of Education's May elections no longer serve any of those purposes. By virtue of New York State Education Law, May elections were first fixed in 1974 (Article 52, Section 2553, subdivision 10) and then on the first Tuesday in May of every year thereafter when elected Board members' terms became due. The original intent of this measure was to "depoliticize" school board elections away from the primary (September) and General (November) election process supposedly to provide clearer focus, independence and attention for those willing to seek an elected school board position. However, during the twenty years that this statute has been in effect, the very opposite is now true. School board elections are now exceedingly political and it is readily apparent to even the most casual observer that the individual who has the best political "machine" wins easily due to the very low voter turnouts for these "focused" special elections. Voter apathy for school board elections is a given in which a concerned parent or citizen who has little or no knowledge of mounting and managing a political campaign has virtually no hope in securing a school board membership through the election process. What has resulted over the years is a school board composed of individuals who have demonstrated successful campaign skills including the ability to raise money to finance a campaign. While the majority of the current school board members are concerned and dedicated individuals, they still have to exercise their political skills and expend their resources to win these special elections to maintain their status. In addition, the May elections have become an unnecessary expense to the taxpayers of Buffalo which is currently experiencing severe budgetary problems. This is particularly true when considering the expenses incurred by the City to finance a special election of low voter turnout and participation. For example, the May school board election of 1994 in which three "at-large" members were elected cost the City of Buffalo nearly $157,000 (including costs for inspectors, custodians, engineers, labor, rentals, postage, advertising, printing and transportation) and only 18,747 voters participated, or 12% of the registered voters City-wide. This translates to approximately $8.37 per vote. By comparison, the general election of 1994 had 87,216 voters participate, or 58.3% of those registered to vote at a cost of approximately $1.80 per vote. Another way to view this costly special election process is to ask how many more teachers, policemen or firefighters could be hired if the City did not have to expend $157,000 on a special election. In 1992, which had an unusually high voter turnout for all elections, the School Board's May election drew 26,986 voters or 16.9% of the registered voters. The City spent $180,037 on this election which translates to about $6.67 per vote. The general election of 1992 drew 126,598 voters City-wide or 79.1% of the registered voters at a cost of about $1.42 per vote. While actual election costs for the three election years prior to 1992 are not readily available, it is quite interesting to compare and contrast voter participation in those years. In 1989, there were 170,372 registered voters and the May election saw a 25,757 voter turnout (I 5. 1%), while the general election had a 75,060 voter turnout (44.0%). In 1986, the May election turnout was 22,828 compared to 185,542 registered (12.3%), while the general election had a voter turnout of 97,872 (52.7%). The most striking comparison of all is in 1984 when the voter turnout for the May election was 12,820 of 168,385 registered voters (7.6%), while the general election witnessed a turnout of 151,611 (90.0%). With this mind, it may be economically feasible to return the school board election process to coincide with the traditional November general election. A November school board election is more cost effective for the City while insuring greater voter participation. In order to accomplish this goal, New York State Education Law must be amended. Although it is eminently more logical and cost efficient to return the school board to November, stern opposition to such a proposal is to be expected. There may be a small yet powerful faction that will insist upon keeping the school board elections as is regardless of the logical arguments to the contrary. The overwhelming consideration the State Legislature must embrace is whether or not any municipality can afford an isolated, highly political, very costly and dismally participated special election which has become an additional burden for the taxpayers of Buffalo they can no longer afford. Another approach to consider is a "mail-out/ mail-back" election whereby every registered voter would receive a school board ballot by mail and be encouraged to return their ballots to the Board of Elections by mail. The City of Rochester used this approach as a pilot program for a special election in February 1982 resulting in 52.7% voter return participation at a cost of approximately $1.05 per vote. Although the costs associated with a "mail-out/ mail-back" process may be nearly the same as the current special election process, voter participation is all but assured. It is my hope that this item be referred to the Special Committee on Education for further review and discussion. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. No. 23 Response Update on Status of Expanding Precinct 13 Item No. 189, C.C.P. 1/24/95 The above referenced item was referred to the Special Committee on Police Reorganization, the Commissioner of Public Works, the Commissioner of Police and to the Comptroller's Office for a response. The resolution is a request for information regarding an update and status of expanding Precinct #13. The Division of Real Estate spoke with the Department of Public Works regarding the amount of land that will be needed for the expansion of Precinct 13. We were informed that a parcel approximately the same size as the existing parcel on Hertel Avenue would be needed. The Director of Real Estate contacted Mr. Steven Roth of the Diocese of Buffalo and inquired about obtaining a portion of the Cantalician Center land for the expansion of Precinct 13. To date the Diocese of Buffalo has not responded to our inquiry. In our most recent conversation with the Diocese we expect to have a decision on their part and an approximate purchase price for the parcel. I will inform Your Honorable Body and the Police Reorganization Committee as soon as this information is received. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION. FROM THE PRESIDENT OF THE COUNCIL No. 24 Appointment to Finance Committee I hereby appoint Mrs. Barbara Miller-Williams to the Committee on Finance, replacing Mr. James Pitts. RECEIVED AND FILED. FROM THE COMMISSIONER OF ASSESSMENT No. 25 Annual Report P.I.L.O.T. Agreements Item No. 188, C.C.P. 09/15/92 This annual report is written an directed by Item No. 188, C.C.P. 09/15/92, "Annual Reports P.I.L.O.T. Agreements." I am notifying Your Honorable Body that the following P.I.L.O.T. Agreements are unpaid an of their due date of January 3, 1995. The attached list of unpaid P.I.L.O.T. Agreements was prepared on January 30, 1995. Since the Erie County Industrial Development Agency in empowered to enforce P.I.L.O.T. Agreements, I have notified Dr. Ronald W. Coan of the E.C.I.D.A. that his agency should pursue collection of these unpaid P.I.L.O.T.'s on behalf of the City of Buffalo and to keep me informed on a regular basis of his progress. The following City officials were also notified in this matter: Mayor Anthony M. Masiello, Comptroller Joel A. Giambra, Common Council President George K. Arthur, and Corporation Counsel Edward D. Peace. I will keep Your Honorable Body informed on a regular basis of Dr. Coan's progress in this matter. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, BURA AND THE CORPORATION COUNSEL. FROM THE COMMISSIONER OF PUBLIC WORKS No. 26 Extension of City Contract No. 91749200 Cleaning and Lining Watermains on Porter Avenue and Jersey Street Firstrhyme Construction In accordance with the terms of the contract between the City of Buffalo and Firstrhyme Construction, City Contract No. 91749200, Cleaning and Lining Watermains on Porter Avenue and Jersey Street, the work called for in this contract was scheduled to be completed by November 18, 1994. Per CCP 29 of December 27, 1994 a second extension of contract was granted to December 16, 1994. The contractor has requested a third extension of time in this contract. All work on this project, except for minor landscape restoration which cannot be completed until the Spring, is now complete. Accordingly, I have granted a third extension of time in the contract with Firstrhyme Construction. The new completion date for this contract is May 31, 1995. RECEIVED AND FILED. No. 27 Extension of City Contract 91748900 Cleaning and Lining Watermains - Various Locations, Contract No. 21A & B Creamer Brothers, Inc. In accordance with the terms of the contract between the City of Buffalo and Creamer Brothers, Inc., City Contract No. 91748900, Cleaning and Lining Watermains at Various Locations, Contract No. 21A & B, the work called for in this contract was scheduled to be completed by October 29, 1994. Per CCP 34 of November 14, 1994 an extension of contract was granted to November 18, 1994. The contractor has requested a second extension of time in this contract. As of this date, a significant number of work items including pipe relocation at Virginia and Elmwood, remains to be completed. Much of this work cannot be completed until the Spring of 1995 due to weather constraints on paving operations and landscaping. Accordingly, I have granted a second extension of time in the contract with Creamer Brothers, Inc. The new completion date for this contract is May 31, 1995. RECEIVED AND FILED. No. 28 Notification Serial #8462 Install No Parking on South Division Street, south side between Michigan Avenue and Pine Street NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION PROHIBITED PERIOD - DAILY OF HIGHWAY EXCEPT SAT. AND SUNDAY South Division St, south side from Michigan Avenue 8:00 a.m. - 4:00 p.m. to Pine Street Notification Serial #8463 Main St, east side between Goodrich St and E. North St HANDICAPPED PARKING 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 49 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: HANDICAPPED PARKING PUBLIC HIGHWAY PORTION OF HIGHWAY Main Street From the north building line of east side 1021 Main Street to a point 28' south therefrom This is being done via a request of the Council at the bequest of Associated Health Care, Inc., located at 1031 Main Street. RECEIVED AND FILED. No. 29 Roswell Park Request Install Temporary Crosswalk/Stop Signs- Carlton Street Between Ellicott and North Oak Streets Mr. Robert Sullivan, Construction Manager for Lehrer McGovern Bovis/Russell Program Management, in conjunction with Roswell Park Hospital has requested permission to install a temporary crosswalk with stop signs on Carlton Street. Specifically, the crosswalk and stop signs would be located on Carlton Street mid-block between Ellicott and North Oak Streets. The crosswalk and stop signs would be in place from April, 1995 to and including July, 1997. This crossing is necessary to facilitate the safe passage of pedestrians across Carlton Street as Roswell modernizes and reconstructs its hospital complex. The Department of Public Works, Division of Engineering has reviewed this temporary mid-block crossing and has no objection to its installation provided the following conditions are met: 1) That the applicant install all necessary striping and signage in accordance with guidelines specified in the Manual of Uniform Traffic Control Devices and maintain same for the duration; 2) That the applicant restore all affected areas to their original condition upon completion of the project; 3) That the applicant supply a certificate of insurance which is approved as to sufficiency by the Corporation Counsel, and which indemnities the City against any and all damage or loss caused by the installation of this pedestrian crossing. Mr. Pitts moved: That the communication from the Department of Public Works, dated January 31, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to grant permission to install a temporary crosswalk with stop signs on Carlton Street to Mr. Robert Sullivan, Construction Manager for Lehrer McGovern Bovis/Russell Program Management, in conjunction with Roswell Park Hospital Project, with conditions as described in the above communication. PASSED. AYES- 13 NOES- 0. No. 30 Pedestrian and Bicycle Comprehensive Safety Program The City of Buffalo has applied for and been offered, for the third consecutive year, a grant from the New York State Governor's Traffic Safety Committee. This year's grant is in the amount of $63,900. With this grant the City would enter into contract agreement with a project director who would coordinate a pedestrian and bicycle comprehensive safety program. The grant will reimburse the City for the director's cost, along with partial reimbursement for the services of Police officers and an in-house engineer. I respectfully request Your Honorable Body's authorization to accept this grant from the State, and to enter into agreement with Ms. Francina Cartonia, 243 Siegfried Dr., Williamsville, to provide the services of the project director at a base coat of $44,000 per year plus 35% fringe benefits. The directors salary will be reimbursed by the State under the terms of the grant. Ms. Cartonia was chosen as the director because of her prior experience working on similar projects for the City of Buffalo and the County of Erie. Ms. Cartonia was also the developer of the grant proposal and shepherd of its approval by the State. We also respectfully request that Your Honorable Body authorize the Comptroller to provide an inter fund cash loan in the amount of the grant. The loan would be repaid as reimbursements are received from the State of New York. Mr. Pitts moved: That the communication from the Department of Public Works, dated January 30, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to accept a grant from the New York State Governor's Traffic Safety Committee and to enter into an agreement with Ms. Francina Cartonia, 243 Siegfried Drive, Williamsville, to provide the services of the project director at a base cost of $44,000 per year plus 35% fringe benefits. The Comptroller be, and he hereby is authorized to provide an inter fund cash loan in the amount of the grant and the loan would be repaid as reimbursements are received from the State of New York. PASSED. AYES- 13 NOES- 0. No. 31 Report of Bids Michigan Avenue Lift Bridge Mechanical Inspection As authorized and directed by Your Honorable Body in Item No. 51, C.C.P. of July 26, 1994, I have advertised and received bids on January 10, 1995 for the Mechanical Inspection of the Michigan Avenue Lift Bridge. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be more or less than the total bid. The following bids were received: Contractor Total Bid 1) Ind. Repair & Machining Serv $139,182.00 (Low) 2) Gateway Welding Serv Inc. $148,900.00 3) Hohl Industrial Sales $168,481.00 4) Donald J. Brassch Const, Inc. $196,800.00 5) Higgins Erectors & Haulers $292,000.00 I hereby certify that the lowest responsible bidder for the above project is Industrial Repair & Machining Services. I respectfully recommend that Your Honorable Body order the work and the cost thereof to be charged to the Division of Engineering Bond Funds No. 200-401-546 and No. 200-401-024 in the base bid amount of $139,182.00, plus approved unit prices for an additional amount of $13,918.20 for a total encumbrance of $153,100.20. The engineers estimate for this work is $160,000.00. The attached is certified to be a true and correct statement of the bids received under the provision of the General Municipal Law, any of the bidders may withdraw his bid if the award of this contract is not made by February 24, 1995. Individual bid submissions are available in our office for inspection and copies are available upon request. REFERRED TO THE COMMITTEE ON FINANCE. No. 32 Report of Bids Resurfacing and Curb & Walk Replacement of Rohr Street- Walden to Genesee, GR- #374 No. 33, C.C.P. 4/5/94 This is to advise your Honorable Body that I have advertised and received bids on January 25, 1995 for Resurfacing and Curb & Walk Replacement on Rohr Street. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Alt "B" Total Thomann & Loewer Asph. Pav. Corp. $55,843.50 $29,832.50 $85,676.00 M.P.J. Contracting, Inc. 65,662.00 32,980.00 98,642.00 Cemulini-Pecoraro Constr. Corp. 69,035.00 31,420.00 100,455.00 Master's Edge, Inc. 76,147.50 29,970.00 106,117.50 Leone Constr., Inc. 83,087.50 27,230.00 110,317.50* Tom Greenauer Development, Inc. 74,843.00 36,320.00 111,163.00 Campobello Constr. Co., Inc. 69,594.00 44,010.00 113,604.00 Jim Gardner & Sons, Inc. 84,266.00 39,659.60 123,925.60* Collana Bros. Constr. Co., Inc. 125,665.00 36,650.00 162,315.00 *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is Thomann & Loewer Asph. Pav. Corp. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #200-401-014-00-000 in an amount of $ $80,000.00, plus an amount of $5,676.00 for a total encumbrance of $ 85,676.00. The engineer's estimate for this work is $ 80,000.00. The award of this contract will require the transfer of funds from the Division of Engineering Bond Fund Account #200-401-021-00-000 in an amount of $5,676.00 as follows: Available Amount CPF #200-401-014-00-000 $80,000.00 BF #200-401-021-00-000 $ 5,676.00 Total Encumbrance $85,676.00 The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by March 13, 1995. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Pitts moved: That the communication from the Department of Public Works, dated January 30, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Resurfacing and Curb & Walk Replacement of Rohr Street to Thomann & Loewer Asphalt Paving Corp., the lowest responsible bidder in the amount of $80,000.00, plus an amount of $5,676.00 for a total encumbrance of $85,676.00, with said cost to be charged to the Capital Projects Fund #200-401-014-00-000 and that a transfer of funds from the Division of Building Fund Account #200-401-021-00-000 in an amount of $5,676.00. PASSED. AYES- 13 NOES- 0. No. 33 Change in Contract Pressbox & Scorecard Wiring Tifft Farms I hereby submit to Your Honorable Body the following change in contract for the Pressbox and Scorecard Wiring, Tifft Farms, Metro Electrical Const. Corp. Order No. 11280140: 1. Reconstruct existing conduit at base of scoreboard. Add $345.00 This work was necessary to enable the scoreboard to be operated from the new pressbox. The foregoing change results in a net increase in the contract of Three Hundred Forty-five and 00/100 Dollars ($345.00) Summary Original Amount of Contract $6,890.00 Amount of this change (No. 1) Add 345.00 Revised Amount of Contract $7,235.00 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 are in B/F 200-402-083 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Pitts moved: That the communication from the Department of Public Works, dated January 18, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #1 to Metro Electrical Const. Corp., changes resulting in a net increase in the amount of $345.00, as more fully described in the above communication, for work relating to Pressbox and Scorecard Wiring, Tifft Farms, Order No. 11280140. Funds to be charged to B/F 200-402-083 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 34 Reduction in Retention Kleinhans Music Hall Phase II The Mechanical Construction work as part of the Restoration of Kleinhan's Music Hall - Phase II has been complete with the exception of specified boiler inspection and report. This inspection cannot take place until the heating season is over and access to the inner core of the boiler can be obtained. The Contractors have requested and the consulting architect's as well as this department are recommending a reduction in the retention withheld from payments from the current 10% ($38,052.70) to $3,000.00 for the John W. Danforth Company: C-91706300. The value of the inspection is not in excess of the $3,000.00 retention. It is respectfully requested that Your Honorable Body authorize this reduction in retention. Mr. Pitts moved: That the communication from the Department of Public Works dated January 31, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to the reduce the retention withheld from 10% ($38,052.70) to $3,000.00 on a contract with John W. Danforth Company, C-91706300 for Kleinhans Music Hall, Phase II. PASSED. AYES- 13 NOES- 0. No. 35 Reduction in Retention Kleinhan's Music Hall Phase III Construction work as part of the Restoration of Kleinhans Music Hall - Phase III has been delayed until summer through no fault of the contractors. Work cannot proceed while the orchestra is practicing. The Contractors have requested and the consulting architect's as well as this department are recommending a reduction in the retention withheld from payments from the current 1 0% to 5% for the following contracts: Clarence Associates C-91763300 A. Gareleck & Sons C-91763100 Frey Electric C-91763800 It is respectfully requested that Your Honorable Body authorize this reduction in retention. Mr. Pitts moved: That the communication from the Department of Public Works dated January 11, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to the reduce the retention withheld from 10% to 5% for contracts with Clarence Associates C-91763300, A. Gareleck & Sons C-91763100 and Frey Electric C-91763800 for Kleinhans Music Hall, Phase III. PASSED. AYES- 13 NOES- 0. No. 36 Correction of Account Charged Liquid Corrosion Inhibitor Feed Facilities Contract No. 6G - General Construction Item No. 36, C.C.P. 11/14/94 As authorized by your Honorable Body in C.C.P. No. 36 of November 14, 1994, the Commissioner of Public Works has entered into a contract with Kandey Company, Inc., 19 Ransier Drive, West Seneca, New York for work relating to Liquid Corrosion Inhibitor Feed Facilities, Water Filtration Plant, Contract No. 6G, General Construction. Please be advised the wrong account was listed in the Council Communication for this work to be charged to. This work will be charged to the Division of Water's 416-982-019 account in the amount of $197,245.00. REFERRED TO THE COMMITTEE ON FINANCE. No. 37 Plans/Specs. Louisiana Street Bridge Over Conrail Maintenance Painting I hereby request permission from Your Honorable Body to authorize the Commissioner of Public Works to hire a consultant to prepare plans and specifications and advertise for sealed proposals for maintenance painting on the Louisiana Street Bridge over Conrail. Funds for this work are available in the Division of Engineering Bond Account No. 200-401-003. Therefore, I respectfully request Your Honorable Body allow the Commissioner of Public Works to move forward with this project. REFERRED TO THE COMMITTEE ON FINANCE. No. 38 Plans/Specs. Michigan Avenue Lift Bridge Rehabilitation New Decking As authorized in Common Council Proceeding No. 51 of July 26, 1994, Your Honorable Body granted the Commissioner of Public Works permission to hire a Consultant Engineer and advertise for bid for the rehabilitation of the Michigan Avenue Lift Bridge over the Buffalo River. Due to the lead time necessary in ordering the new bridge deck (3 to 4 months), we are requesting Your Honorable Body authorize the Commissioner to receive separate formal bids for the supplying of the deck only. The deck will be installed under the rehabilitation contract which will be bid in late summer of 1995. Funds for this decking are available in Division of Engineering Accounts No. 200-401-546 and No. 200-401-024. REFERRED TO THE COMMITTEE ON FINANCE. No. 39 Permission to Prepare Plans & Specifications and Advertise for Proposals for the Construction of Sidewalks In the North, South and University Districts - 1995 Group #390 I hereby request permission from Your Honorable Body to prepare plans and specifications and advertise for sealed proposals for the Construction of Sidewalks in the North, South, and University Districts. This project will include the replacement of "tree root damage" concrete sidewalk, along with associated items. These projects were approved as part of the 1994-1995 Capital Improvements Budget. These bonds have not been scheduled to be sold but the comptroller has advised that he will forward an inter fund loan transfer so that these projects can be forwarded in a timely manner. The inter fund loan will be transferred to the Capital Projects Fund #200-401-017-00-000. Mr. Pitts moved: That the communication from the Department of Public Works, dated January 31, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to prepare plans and specifications, advertise for sealed proposals for the Construction of Sidewalks in the North, South and University Districts. ADOPTED. No. 40 Permission to Hire A Consultant to Inspect Various Construction Projects I hereby request permission from Your Honorable Body to authorize the commissioner of Public Works to enter into an agreement with a Consultant Engineer to perform the necessary survey, design, and inspection work required for various Public Works construction projects. Therefore, the Commissioner of Public Works is asking for permission to hire consultant on a 12 to 18 month contract. Funds for this work are available in Bond Funds 200-401-021. REFERRED TO THE COMMITTEE ON FINANCE. No. 41 Conversion of Chippewa Street To Two-way Traffic Permission To Engage Services of a Consultant I hereby request Your Honorable Body's permission to engage the services of a Consultant Engineer to prepare plans, specifications and receive bids for the following project: Chippewa Street - Conversion to Two-Way Traffic Funds for the Consultant Engineer will be available in CDBG Account Number 93-53202. Construction funding will be identified at a later date. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 42 Temporary Closing of Illinois Street Between South Park Avenue and Perry Street Whereas, the construction of the new Crossroads Arena has closed Washington Street access to South Park; and, Whereas, entire street network in and around the Arena has been inundated with construction vehicles and equipment; and Whereas, general public traffic has now begun to use Illinois Street as the main access road to/from South Park Avenue; and Whereas, this additional traffic is creating a traffic hazard for vehicles and pedestrians alike; and Whereas, in an effort to preserve Illinois Street, identified in the Cobblestone Preservation District, and to improve safety The Department of Public Works requests permission from Your Honorable Body to temporarily close Illinois Street, between Perry Street and South Park Avenue, to all but local traffic. A viable alternative route of South Park to Michigan to Perry will be signed to direct traffic around the Illinois Street closure. This closure will only be in effect while the new Arena is under construction and will improve traffic safety while helping to preserve Illinois Street for future use. Mr. Pitts moved: That the communication from the Department of Public Works, dated February 1, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to temporarily close Illinois Street, between Perry Street and South Park Avenue, to all but local traffic. This closure will only be in effect while the new Arena is under construction and will improve traffic safety while helping to preserve Illinois Street for future use. PASSED. AYES- 13 NOES- 0. No. 43 Maintenance of South Ogden Bridge Over New York State Thruway In response to Your Honorable Body's request made in Item No. 174, C.C.P. of January 24, 1995, please be advised of the following: The maintenance of the South Ogden Street Bridge over the I-190 is shared by the City of Buffalo and the New York State Thruway Authority. The New York State Department of Transportation shares no maintenance responsibilities on this structure. The Thruway Authority maintains the superstructure and substructure of this bridge, while the City of Buffalo maintains the roadway, approaches, sidewalks, guide-rails and fencing. I have informed our Bridge Maintenance crews to remove any debris from on and around this bridge. As for the pavement work, I will request our Street Paving Section to place this structure on a list for a future overlay. REFERRED TO THE COMMITTEE ON FINANCE. No. 44 Reconstruction of Exchange Street and Carroll Street Group 325 Whereas the City of Buffalo Department of Public Works is in the design phase for the construction/reconstruction of Exchange Street from Van Rensselaer to Smith Street. Whereas the undeveloped portion of Exchange Street from Griffin Street to Smith Street will be constructed, giving Exchange Street direct access to the Thruway. Whereas Exchange Street will intersect a Conrail track line at the eastern terminus of the project, in the area which is presently undeveloped, and would result in an at-grade rail crossing. Whereas Conrail has stated that this rail line currently does not provide any service. Now therefore, be it resolved that the Common Council requests the Department of Public Works to formally petition New York State Department of Transportation to allow the City of Buffalo to construct an at-grade crossing on Exchange Street, east of Smith Street. Mr. Pitts moved: That the communication from the Department of Public Works, dated January 31, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to petition the New York State Department of Transportation to allow the City of Buffalo to construct an at-grade crossing on Exchange Street, east of Smith Street. ADOPTED. No. 45 Emergency Removal of 55 Gallon Drums 413 East Delavan On 12/21/94 twenty-one (21) abandoned 55 gallon drums were discovered on the premises of 413 East Delavan. Twelve (12) of these drums were determined to be the responsibility of the Mobil Oil Corporation. This determination was made by the N.Y.S. DEC. Nine (9) of the drums, however, were not identifiable and therefore the DEC ordered the City of Buffalo, as owner of this property, to remove the aforementioned nine (9) drums immediately. The Department of Public Works took Emergency Bids with the following results: 1. Complete Enviro Services $4,908.00 2. Chemical Waste Management 5,010.00 3. Environmental Products and Service Inc. 5,602.20 I am, therefore, respectfully requesting that Your Honorable Body will immediately approve the above noted emergency bids so that these drums can be removed immediately to protect the health and welfare of the residents of this area. Appropriate funds are available in the Division of Buildings, account 402-021-574. Mr. Pitts moved: That the communication from the Department of Public Works, dated February 2, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award an emergency contract for Removal of twelve (12) abandoned 55 gallon drums from 413 East Delavan to Complete Enviro Services, the lowest responsible bidder in the amount of $4,908.00, with said cost to be charged to the Division of Buildings account 401-021-574. PASSED. AYES- 13 NOES- 0. No. 46 Cellblock and Central Booking Facilities at City Court The above referenced item has been referred to this Department. Please be advised that all plumbing is connected and that all electrical/communication wiring requested originally by the Police Department has been installed. No flooding occurred during construction to warrant a change in contract. Leaking from the North-east terrace above the area in question was addressed as a change in contract in CCP 4/30/91; Item #39. The Buffalo Sewer authority has uncovered a break in the Eagle Street lateral that upon repair should alleviate any future backup of sewer waste. This project was authorized by Your Honorable Body in Item #45, CCP 6/19/90 . Department personnel associated with this project have retired. REFERRED TO THE COMMITTEE ON FINANCE. No. 47 Expansion of Precinct #3 664-672 Main Street The above referenced item has been referred to this Department for a cost estimate and analysis of both horizontal and/or vertical expansion potential. The existing precinct is 7,168 square feet in area. Using the design parameters established for the proposed Ken-Bailey precinct an addition of approximately 8,230 square feet would be required to duplicate the facility. This does not include an exercise area since the exercise area at Ken-Bailey precinct is the gymnasium and weight area of the adjacent recreation center. Expanding vertically would require the abandonment of the existing precinct while the roof and support steel is removed to allow for the new second floor support. A structural analysis of the existing foundations, columns and bearing walls would have to be performed if vertical expansion is to be pursued. At present we are unable to perform this analysis in house. Horizontal expansion appears to be the most feasible at this time. An area of land similar in size to the existing city site would be required. Preliminary cost estimate is $850,000 to $1,000,000 not including architectural, acquisition and furnishings. REFERRED TO THE COMMITTEE ON FINANCE. No. 48 Restaurant-Dancing Class III 2192 Niagara Pursuant to Chapter 150 of the City of Buffalo Ordinances,, please be advised that I have examined the attached application for Restaurant/ Dancing- Class III located at 2192 Niagara and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant/Dancing Class III is being sought and according to the attached reports from the Fire Department and Building Inspector. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Joseph Scalisi. The report from the Police Department recommending approval is attached hereto for Gulley's Dance'n & Eat'n at 2192 Niagara St. This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 49 Solicitation of Funds Excalibur Leisure Skills Center, Inc. Attached are two applications for Solicitation of Funds Permits for Excalibur Leisure Skills Center, Inc. to solicit funds in the Buffalo Convention Center for the 1995 Great Lakes Fishing & Outdoor Expo February 16 thru 19, 1995 and for the Buffalo Boat Show from March 23 through March 26, 1995. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 50 313 Fougeron; Encroachments into Right-of-Way Mr. Al Leibengood of Kalmbach Feeds, Inc., acting as agent for Continental Baking Company, located at 313 Fougeron Street, has requested permission to install a hydraulic compactor within City right-of-way at said address. This proposed compactor would be located on the sidewalk on the south side of Urban Street, where a minimum of eight (8) feet of unobstructed sidewalk would exist after installation. In addition to the compactor, the applicant is seeking permission to place a 45 foot long trailer at the same location. This trailer would be replaced approximately once a week. The Department of Public Works has reviewed Mr. Leibengood's application pursuant to Chapter 413.67 (Encroachment Regulations) 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 a minimum of eight (8) feet of public sidewalk exists after installation of the compactor and placement of the trailer. 3. That a chain link fence measuring a minimum of six (6) feet in height surround the compactor. 4. That a commercial curb cut be installed adequate in length to accommodate a tractor trailer. 5. That a flagman be present during trailer replacement. 6. That the Department of Public Works be provided with a certificate of insurance which will indemnify and save harmless the City from any loss, damage or injury arising out of the installation, use or removal of said compactor and/or trailer. 7. That a public hearing be held by the District Councilmember. Mr. Pitts moved: That the communication from the Commissioner of Public Works, dated January 17, 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. Al Leibengood of Kalmbach Feeds, Inc., acting as agent for Continental Baking Company, located at 313 Fougeron Street, to install a hydraulic compactor which would encroach city right-of-way at said address, subject to the conditions as listed in the above communication. PASSED. AYES- 13 NOES- 0. No. 51 1856 Clinton Street Sign Within Right-of-Way Mr. Pete D'Orsaneo of Flexlume Signs, acting as agent for Marine Midland Bank, located at 1856 Clinton Street, has requested permission to install a sign which would encroach into City right-of-way at said address. The proposed sign would measure 5.5' x 6' and be attached perpendicular to the building. The Department of Public Works has reviewed Mr. D'Orsaneo's application pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sign be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of construction, maintenance, use and removal of said sign. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 52 1107 Lovejoy Street Sign Within Right-of-Way Mr. Pete D'Orsaneo of Flexlume Signs, acting as agent for Marine Midland Bank, located at 1107 Lovejoy Street, has requested permission to install a sign which would encroach into City right-of-way at said address. The proposed sign would measure 5.5' x 6' and be attached perpendicular to the building. The Department of Public Works has reviewed Mr. D'Orsaneo's application pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sign be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of construction, maintenance, use and removal of said sign. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 53 306 West Ferry; Signs Within Right-of-Way Mr. Pete D'Orsaneo of Flexlume Signs, acting as agent for Marine Midland Bank, located at 306 West Ferry Street, has requested permission to install four (4) signs which would encroach into City right-of-way at said address. The proposed signs would measure two at 6' x 7', attached perpendicular to the building, and two at 3' x 10', attached flush to the building. The Department of Public Works has reviewed Mr. D'Orsaneo's application pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License', for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the signs be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of construction, maintenance, use and removal of said signs. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 54 3152 Main Street; Signs Within Right-of-Way Mr. Pete D'Orsaneo of Flexlume Signs, acting as agent for Marine Midland Bank, located at 3152 Main Street, has requested permission to install three (3) signs which would encroach into City right-of-way at said address. The proposed signs would measure 5.5' x 6', attached perpendicular to the building, 4' x 32', attached flush to building, and 4' x 4' also attached flush to the building. The Department of Public Works has reviewed Mr. D'Orsaneo's application pursuant to Chapter 413-67 (Encroachment Regulations) of the City ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the signs be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of construction, maintenance, use and removal of said signs. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 55 746 Tonawanda Street; Signs Within Right-of-Way Mr. Pete D'Orsaneo of Flexlume Signs, acting as agent for Marine Midland Bank, located at 746 Tonawanda Street, has requested permission to install two (2) signs which would encroach into City right-of-way at said address. The proposed signs would measure 5.5' x 6', attached perpendicular to the building, and 3' x 10', attached flush to building. The Department of Public Works has reviewed Mr. D'Orsaneo's application pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License,, for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the signs be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of construction, maintenance, use and removal of said signs. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 56 Certificate of Appointment Appointment effective January 30, 1995 in the Department of Public Works Division of Water, Loretta M. Rose, 49 Shoreham Parkway, Buffalo, 14216 to the Position of Account Clerk-Typist, Temporary, at the Intermediate Starting Salary of $21,732. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 57 Certificate of Appointment Appointment effective January 23, 1995 in the Department of Public Works, Division of Water, John J. Gugino, 303 Heath Street, Buffalo 14214 to the Position of Principal Engineer, Provisional, at the Maximum Starting Salary of $51,377. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 58 Ban Police Dept. Strip Searches Item No. 185 C.C.P. 1/24/95 I have been directed to refer this item to the Law Department without comment. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF FIRE No. 59 Temporary Closing of Firehouses In an effort to contain enormous overtime costs brought on by high sick and injury rates inherent in our occupation, and further complicated by the contractual requirement of minimum staffing of four (4) firefighters on each apparatus, I am requesting that as the Commissioner of Fire, I be granted the managerial prerogative to close up to two (2) fire companies on a shift, as needed, on a temporary basis. Pursuant to Article 13, Section 263 of the Charter of the City of Buffalo, I hereby request approval of the following order. When any platoon (shift) staffing falls below the minimum 145 firefighters required to fully staff twenty-three engine companies, twelve ladder companies and one rescue company, up to two fire companies will close and the members detailed to the existing vacancies in the following manner: - 1 or 2 Firefighters detailed from fire company to vacancies - company remains in service as 1st aid squad 2 or 3 firefighters. - 3 or 4 Fire company out of service and all members are detailed to vacancies. - 5 or 6 One fire company out of service - 2nd company remains in service as 1st aid squad, firefighters detailed to existing vacancies. - 7 or 8 Two companies out of service - all firefighters detailed to existing vacancies. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 60 Certificate Of Appointment Appointment effective December 23, 1994 in the Department of Fire Division of Fire, to the Position of Firefighter permanent, at the Intermediate Starting Salary of $31,957. Mario Wallace, 330 Martha Avenue 14215 Steven Benton, 260 Davidson Avenue 14215 Kevin Hairston, 588 Norfolk 14215 Ronaldo Parker, 480 Cambridge 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CORPORATION COUNSEL No. 61 Compromise Demo. Cost/Sale Of 66 Tracy Street In April, 1993, a house located at 66 Tracy Street was damaged by fire requiring its demolition. The owners, Ed and Margaret Woods, had no fire insurance on the property. Subsequently, the City demolished the property at a cost of $4,860.00. There currently exists unpaid water and tax arrears in the approximate amount of $2,500.00. Bob Biniszkiewicz, the owner of an adjoining property, desires to purchase the now vacant lot at 66 Tracy Street free and clear of any liens held by the City. He has offered to pay the full amount of the unpaid water and tax arrears and $2,430.00 (i.e. one-half of the full amount of $4,860.00 in full satisfaction of the demolition cost. The current owners, Ed and Margaret Woods, own no other real property and have little or no assets. As a result, recovery of any money owed the City from them is unlikely. Further, in the event that the property proceeds to In Rem foreclosure, it is unlikely that the City will receive more money for the In Rem sale of this vacant lot than we are currently being offered. Bridget M. Carpino, Director of Collections in the Department of Audit and Control, has reviewed Mr. Biniszkiewicz's proposal and has recommended its approval. In view of the above, the Corporation Counsel concurs with the recommendation of the Director of Collections to settle this matter for $2,430.00. REFERRED TO THE COMMITTEE ON FINANCE. No. 62 Settlement of Claim of P.O. Raymond Wrafter D/A: 1/3/93 On January 3, 1993, on duty Police Officer Raymond Wrafter was directing traffic on Route 33 at the Suffolk Street exit. A stolen vehicle driven by James W. Kramper skidded by Officer Wrafter and struck the center median. The driver then backed up and struck Officer Wrafter. Officer Wrafter suffered injuries as a result of the accident and was unable to work from January 1993 to May 22, 1994. The injuries included lower back pain and pain and numbness in his right leg. After minimally successful chiropractic treatment and physical therapy, lumbar microsurgery was performed on September 15, 1993 to a disc herniation. After discharge from post-surgery physical therapy, Officer Wrafter was still unable to sit for long periodic of time and had difficulty walking. During the period of disability, the City paid $55,595.71 in wages to Officer Wrafter and $24,400.21 in medical expenses. Officer Wrafter has returned to duty. Officer Wrafter retained an attorney to recover for his pain and suffering. The operation of a stolen vehicle effectively makes the vehicle uninsured. As a result, the insurance carrier for the owner of the vehicle has disclaimed coverage. Officer Wrafter's own insurance carrier, Kemper Insurance, has offered the full policy limits of $50,000.00 under its uninsured motorist coverage in settlement of any potential claim. If Officer Wrafter pursued claim it could potentially be barred under the general rule that a police officer may not recover damages in negligence for injuries arising in the very situations that create the occasion for his or her special services. In that event, the City and Officer Wrafter would receive nothing. The $50,000.00 policy limit makes it apparent that both the City and Officer Wrafter must accept an amount less than the full value of their claim. The attorney for Officer Wrafter has proposed that the City accept $10,000.00 in full settlement of its wage and medical expenses lien of approximately $80,000.00. The proposed settlement works out to be approximately $16,666.00 to Officer Wrafter's attorneys, $10,000.00 to the City and $23,000.00 to Officer Wrafter. The remaining amount would pay costs incurred in preparation of the claim. Based on the injuries suffered by Officer Wrafter it appears that he would be receiving an amount substantially less than the full value of his claim. Based on the above, the Corporation Counsel recommends settlement in the amount of $10,000.00. Mr. Pitts moved: That the communication from the Department of Law, dated November 29, 1994 be received and filed; and That the Corporation Counsel be and he hereby is authorized to settle the matter involving Police officer Raymond Wrafter and Kemper Insurance Company in the amount of $10,000.00, payable to the city of Buffalo. PASSED. AYES- ARTHUR, COLLINS, COPPOLA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS- 10. NOES- BELL, CZAJKA, ZUCHLEWSKI- 3. No. 63 Environmental Assessment- 1489 Fillmore Avenue Item No. 101, C.C.P., 12/27/94 You have requested a response from the Law Department regarding the environmental assessment for 1489 Fillmore Avenue, the site of the former General Electric plant. At this time, the City of Buffalo is not in receipt of the final environmental report from the consultant studying the project. Due to the potential litigation that may follow, the Law Department would prefer any further discussion of this matter to be held in executive session pursuant to section 105 (d) of the Public Officers Law. REFERRED TO THE COMMITTEE ON FINANCE. No. 64 Request Retesting of Master Electrician's Examination Item No. 82, C.C.P., 1/24/95 You have asked for a response from the Law Department regarding Mr. Klee Gjoulekas' request to retake the 1994 Electrical Examination for a Master Electrician's license. Mr. Gjoulekas has requested more time to take a portion of the exam after failing to complete the exam seven times previously. The amount of time necessary to successfully complete any portion of the exam is determined by Block and Associates, the independent testing agency the City of Buffalo utilizes to administer the exam. Block and Associates conducts the exam nationally for various municipalities based on the 1993 National Electrical Code ("NEC"). The City has employed the same agency for five years. The Examining Board of Electricians receives the results and is very satisfied that the test, as administered by Block and Associates, fairly and accurately determines an individual's knowledge of the NEC and whether the individual should possess a Master Electrician's license in the City of Buffalo. Reasonable time accommodations may have been required to have been made available to Mr. Gjoulekas if he had a recognized disability under the Americans With Disabilities Act ("ADA"), 42 USC 12101. The City is under no obligation to provide reasonable accommodations unless the City is aware of a disability. At this time, Mr. Gjoulekas has not indicated that he possesses a disability recognized by the ADA. If he demonstrates that he has such a disability, the City must make reasonable accommodations for him when he takes the exam. The exam is given once a year and the next one is tentatively scheduled for September. It should be noted that it would be extremely costly for the City to re-administer the exam for one individual anytime before the next scheduled exam. The Law Department does not recommend granting Mr. Gjoulekas' request to retake the exam until it has been determined whether he possesses a recognized disability. REFERRED TO THE COMMITTEE ON FINANCE. No. 65 Gun Intercept Program Item No. 127, C.C.P., 12/13/94 You have asked the Law Department for a response to the proposed gun intercept program. You have requested the Buffalo Police Department to look into the feasibility of establishing a gun intercept program similar to programs initiated in Kansas City and Indianapolis. While there has been some success with the programs in those other cities, significant care should be exercised in executing such a plan here. Before implementing such a program Buffalo police officers should be well trained on the circumstances that justify frisking a pedestrian. As stated in the resolution, police have the power to frisk pedestrians if they have a reasonable belief based on specific and articulable facts that an officer might be endangered by the presence of a gun. This power can easily be abused and challenged if not executed properly. The creation of a gun intercept program in no way broadens an officer's authority to frisk a pedestrian. The circumstances that would justify stopping a pedestrian and frisking him are the same as before the program's implementation. The only thing that would be expanded is the likelihood of abusing or misusing the power. The City would be exposed to greater liability if any of the searches were found to be unreasonable. A policy to search individuals must be justified by the circumstances. A desire to sweep weapons from a designated community is not sufficient justification. The City could be found liable for an unreasonable search and for the policy that promoted such a search. Prior to implementing a gun intercept program, a well designed training program and policy guidelines should be established to ensure against unwarranted searches and potential liability for the City. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 66 Permission to Accept Fund Transfer Neighborhood Information Center Renovations 1168-1170 Broadway, Buffalo, New York I respectfully request that Your Honorable Body authorize acceptance of a fund transfer from the following Community Development Block Grant (CDBG) account for renovation at 1168-1170 Broadway: FROM: CDBG Account #94-10202 TO: C.P.A. Acct 200-717-068 AMOUNT $69,146.40 (not to exceed) This transfer of an amount not to exceed $69,146.40 will supplement funds presently available in Division of Development Capital Project Accounts. Transfer was approved by BURA on 1/12/95, item #3j. Total amount of work to be performed at this location - $297,882.00. Mr. Pitts moved: That the communication from the Department of Community Development, dated February 2, 1995, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to accept a fund transfer from CDBG Account #94-10202 to C.P.A. Account 200-717-068 in the amount of $69,146.50 (not to exceed) for renovation at II 68-1170 Broadway. PASSED. AYES- 13 NOES- 0. No. 67 Report of Bids - Renovations Bailey Delavan Community Center 2038-2050 Genesee Street, Buffalo, New York As authorized by Your Honorable Body by item #54 of 7/9/91 the Department of Community Development advertised for and received the following sealed bids for renovation at the former Polk Brothers Furniture Store 2038-2050 Genesee Street for renovation and occupation by the Bailey Delavan Community Center: GENERAL CONSTRUCTION CONTRACTOR BASE BID ALT.NO.1 ALT.NO.2 Miller Enterprises $554,000 $36,200 $96,000 584 Taunton Place Buffalo, N.Y. 14216 Integrated Waste $589,900 $31,900 $113,400 Special Services 201 Ganson Street Buffalo, N.Y. 14203 Wilsandra Const $594,000 $32,680 $121,000 300 Camden Avenue Buffalo, N.Y. 14216 Hadala Corp $597,800 $30,000 $105,000 325 Grote Street Buffalo, N.Y. 14207 Clarence Assoc $599,000 $31,000 $105,000 8680 Main Street Williamsville, N.Y. 14221 Bison Const $708,800 $27,000 $139,000 P.O. Box 87 Niagara Falls, N.Y. 14304 ELECTRICAL CONSTRUCTION CONTRACTOR BASE BID ALT #1 ALT #2 Weydman Electric $70,600 +$700 $39,700 747 Young Street Tonawanda, N.Y. 14150 Industrial Power Light $74,800 -$800 $29,000 701 Seneca Street Buffalo, N.Y. 14210 Wittburn Enterp $83,900- $1,500 $44,700 36 Cypress Street Buffalo, N.Y. 14204 PLUMBING CONSTRUCTION CONTRACTOR BASE BID ALT #1 Gareleck & Sons $69,400 $4,300 92 North Park Avenue Buffalo, N.Y. 14216 M.K.S. Plumbing $84,840 $2,855 19 Ransier Drive West Seneca, N.Y. 14224 Matthew Kandefer Plumbing $88,875 $1,580 2215 Broadway Buffalo, N.Y. 14212 Ackerman & Huebsch Plumb. $88,888 $3,555 140 Fire Tower Drive Tonawanda, N.Y. 14150 Numarco Inc. $97,776 $2,800 1021 Maple Road Elma, N.Y. 14059 HVAC CONSTRUCTION CONTRACTOR BASE BID ALT # 1 Northeast Mechanical $51,800 $20,800 139 Sawyer Avenue Buffalo, N.Y. 14043 Buffalo Sheet Metal $54,200 $21,500 303 Central Avenue Buffalo, N.Y. 14206 John W. Danforth Co. $66,100 $25,400 1840 Fillmore Avenue Buffalo, N.Y. 14214 GENERAL ALTERNATE #1 Construct Asphalt Parking Lot, North Side GENERAL ALTERNATE #2 Add Interior Work, Finishes North End of Building ELECTRICAL ALTERNATE #1 Reuse Existing Underground Conduit ELECTRICAL ALTERNATE #1 Add Interior Electrical Work, North End Building PLUMBING ALTERNATE #1 Add Interior Plumbing Work, North End Building Total amount of work to be done as part of this project is $935,500 accepting bid alternates. The engineers estimate was $885,000.00 for new roof, masonry facade, parking lot, complete interior renovation including all new mechanical systems (electrical, plumbing and HVAC). I hereby certify that the foregoing is a true and correct abstract of all bid received. The following are the lowest responsible bidders is accordance with the plans specifications: Miller Enterprises $686,200.00 ***Industrial Power and Lighting $103,000.00 Gareleck and Sons $ 73,700.00 Northeast Mechanical $ 72,600.00 Total $935,500.00 ***Electrical Low bidder with alternate #1, 2nd on base bid only. Funds for the construction work are available is Bond Fund #200-717-033. I therefore recommend that Your Honorable Body authorize the Commissioner of Community Development to award and execute the respective contracts on the basis of bids received summarized above. In addition permission is also requested for acceptance of a funding transfer in the form of 19th Year Community Development Block Grant Funds (CDBG). The CDBG account number is $60,000. This transfer is necessary to supplement the Bond Funds for construction Mr. Pitts moved: That the communication from the Department of Community Development, dated January 23, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award contracts for Renovation at the former Polk Brothers Furniture Store 2038-2050 Genesee Street for General Construction to Miller Enterprises, Base Bid $554,000, Alternate No. 1 for $36,200, Alternate No. 2 for $96,000; for Electrical Construction to Industrial Power and Lighting, Base Bid $74,800, Alternate #1 for -$800, Alternate #2 for $29,000; for Plumbing Construction to Gareleck & Sons, Base Bid $69,400, Alternate No. 1 for $4,300; HVAC Construction to Northeast Mechanical, Base Bid $51,800, Alternate No. I for $20,800; the lowest responsible bidders, with said cost to Bond Fund #200-717-033. That the Commissioner of Community Development accept a funding transfer from 19th Year Community Development Block Grant Funds in the amount of $60,000 to supplement the Bond Funds for construction. PASSED. AYES- 13 NOES- 0. No. 68 Revise NYS Economic Development Zone Revision to Boundary Description Item No. 213, CCP, 2/22/94 On February 22, 1994, this Honorable Body approved a Local Law creating an Economic Development Zone (hereinafter referred to as "Zone"). On July 27, 1994, the City of Buffalo was awarded a New York State Economic Development Zone, by the State of New York. Subpart 2 of aforesaid Local Law defined the boundaries of the areas of the Zone. Subsequent to the designation of the Zone, certain areas adjacent to the Zone have been proposed for major economic developments. The additions include an industrial area in the vicinity of Urban and Genesee Streets. Residential areas receive little or no benefits from Zone designation, therefore, a residential area bounded by Paderewski Drive, Fillmore Avenue, William Street, Smith Street ' Peckham Street and Stanton Street are in recommended for deletion order to allow the addition of the Urban/Genesee Street industrial area. Due to the recent developments, the Department of Community Development believes that it is in the best interests of the City of Buffalo to approve the revision to the boundaries of the Zone. It is therefore respectfully requested that the attached resolution be approved. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 69 Waterfront Urban Renewal (Crossroads Project) As the designated Lead Agency, the City of Buffalo Department of Community Development is preparing an amendment to the Urban Renewal Plan for the above entitled project. Attached hereto are copies of the proposed amendment and site plan as well as an environmental assessment form. Because of difficult time constraints, we must present the proposed amendment to the Buffalo Planning Board within the next week. We respectfully invite you to comment on the proposal. Because of the time problem, however, we ask that your comments be returned to us no later than February 8, 1995. Should you have any questions, Gregory Bemas, of our Planning Division, is available to answer them at 851-5083. REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE. No. 70 Thruway Industrial Park Phase II LDA- D & M Refrigeration, Inc. Portion of Disposition Parcel 11 - 1.7 Acres The City of Buffalo Urban Renewal Agency duly designated D & M Refrigeration, Inc. and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 71 Report of Emergency Demolition Bid for 264 Detroit Street Garage Only Due to the very serious and hazardous condition of the fire-damaged building located at the above-stated address, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on January 18, 1995 and that the contract will be awarded to the lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 264 Detroit St Garage Only Eastwood Industries, Inc. Marilyn Ruth Ceaser $3,333.00 8 Harlow Buffalo, New York We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated January 23, 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, Inc. at a cost of $3,333.00, relating to 264 Detroit Street Garage Only, is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund 500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 72 Correction Report of Emergency Demolition Bids for 306 Rother Street and 203 Walden Avenue CCP Item #42 dated 12/13/94 Please be advised that a typographical error was made in reporting the total dollar amount of the lowest bidder, Integrated Waste Special Services, for the above-stated aggregate bid properties. The total dollar amount reported was $17,500.00. The corrected amount should read: $17,875.00. 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 contract to Integrated Waste Special Services at 306 Rother Street and 203 Walden Avenue should read $17,875.00 and not $17,500.00 as reported in Item No. 42, C.C.P., December 13, 1994. PASSED. AYES- 13 NOES- 0. No. 73 Correct Account Charges Demolition 1605 Genesee Street CCP Item #83 dated 9/16/94 CCP Item #46 dated 11/29/94 We respectfully request that the cost of the project for the demolition of 1605 Genesee Street be charged to the Special Assessment Fund #500000-002-00000. Originally we requested that these costs be charged to our department's Capital Outlay Account #100-241-085-00-900. Currently there are insufficient funds available in this account to cover these costs. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated January 24, 1995, be, received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract of 1605 Genesee Street should be charged to the Special Assessment Fund #500-000-002-00000 and not Capital Outlay Account #100-241-085-00-900 as reported in Item No. 83, C.C.P., 9/16/94 and Item No. 46, C.C.P., 11/29/94. PASSED. AYES- 13 NOES- 0. No. 74 Reply To Liquor License Applications 865 Elk, 930 Walden Ave, 320 Pearl St., 1375 Delaware Ave Item No. 51, C.C.P. 12/13/94 With regard to the above subject request please be advised of the following inspection results: 865 Elk St.: This property was inspected on the exterior and found to be in substantial compliance. However, Inspector Kostrzewa was unable to gain entry to the interior and unable to make contact with anyone for access. There is approved legal use per card file for a restaurant. Computer records show no outstanding letters of violation or court action pending. 930 Walden: On site inspection shows that various violations exist as cited on the letter of violation dated January 12, 1995 (copy attached). Violations are being addressed and are scheduled for follow up on February 15, 1995. Legal use as a tavern/ restaurant established per card file. Computer check shows no current or pending court action against the building or new owner and no outstanding letter's of violation. 320 Pearl St: There is approved legal use per card file for this restaurant/tavern. Both interior and exterior appear to be in substantial compliance. There is minor work in the interior in progress. (Cosmetic only, clean and painting). No permits are required. Computer records indicate no outstanding letters of violation or court action pending. 1375 DELAWARE: This property was inspected on both the interior and exterior and found to be in substantial compliance Minor makeover is in progress, such as painting, cleaning, etc. No permit needed for this work. Computer records are unclear at this time. However inspection tracker shows a license was approved for a restaurant on December 7, 1987. No current court action pending or active letters of violation. We trust this will satisfy your inquiry. If you have any questions please feel free to contact this office. REFERRED TO THE COMMITTEE ON FINANCE. No. 75 Hickory Woods Market Rate New Housing Project Approval of Land Disposition Agreement Omega Homes, Inc., Redeveloper The City of Buffalo Urban Renewal Agency duly designated Omega Homes, Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 76 M. Rosa-Protest Pkg. Ticket & Signage Item No. 87, C.C.P. 1/24/95 The parking regulations on Woodlawn Avenue between Michigan and Masten are no different than any other school location. Parking is restricted on school days during the daytime hours even though there is alternate parking in that area. When school is recessed at the end of the day, parking is then permitted on that side of the street. The Department of Public Works has confirmed that the parking regulations are properly posted at this location. As far as the summons received by Ms. Rosa, she has the option to adjudicate the summons if she disagrees with its issuance. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 77 Grievance Settlement Agreement Upgrading - Local 264 Supervisor of Maintenance I January 9, 1995 In settlement of a grievance, which had been scheduled for Arbitration on December 12, 1994, in PERB Case A94-291, we have entered into an agreement with AFSCME Local 264 to upgrade the title of Supervisor of Maintenance 1. The upgrading is warranted because the title has been paid less than other titles in the bargaining unit which perform the same work or lesser work. A copy of the agreement is attached. Your approval is respectfully requested. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 78 Reply To Audit-Substance Abuse Payroll Records Item #23, C.C.P., Jan 24, 1995 We have reviewed the recommendations by Senior Auditor, Ann M. Deskiewicz, and have implemented the suggested procedure in her audit statement. REFERRED TO THE COMMITTEE ON FINANCE. No. 79 Ord. Amend. Ch. 511-Residential Community Facilities Item #188, CCP, 1/24/95 I have reviewed Item #188 and would recommend that this moratorium be placed on all Social Services Agencies. I and others are conducting a study of the Westchester model for approving or disapproving the location of community residential facilities and other Social Services Agencies. Our problem is precipitated by the lack of any planning as to the type, need or location of these kinds of services. What is needed is a County-wide Social Services planning and/or approval task force. This group could facilitate and implement planning procedures that would lead to a cost-reduction for delivery of services avoiding duplication and improving the quality of these services. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF GENERAL SERVICES No. 80 Minority Participation in City Procurement Over the past couple of months there have been several minority enterprises to see me regarding the City of Buffalo's Minority Procurement Program. More specifically, I am asked the question "Do you (City) have any quotas or percentage allocations of larger contracts available to minority or women owned small business?" My standard reply is that I legally must evaluate all bids equally based on price and cannot put a percentage aside for minority business unless there is a study on file demonstrating that minority vendors have historically been under represented in the City's Procurement Process. This is the reason I am writing to you for help. The City must undertake a study that would satisfy the requirements for allowing a "set-aside" program for City Procurement. I do not have the resources to allocate for a project of this nature. I will establish a data base to track vendor solicitation, including those vendors designated as disadvantaged and to be used as verification of the Purchase Division's policy of giving vendors equal opportunity to participate in the procurement. If you can provide an intern or someone from council staff to evaluate the requirements of performing the study let me know. Thanks. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 81 Computer Aided Dispatch System for the Fire Department The Department of General Services, Division of Purchase, is requesting authority to waive the Performance Bond on the proposed purchase of a Computer Aided Dispatch System from Public Safety Systems Incorporated. The authority to waive performance bond would be exercised after approval, by Legal Counsel, of proposed contractual amendments reflecting alternative purchase guarantees. Mr. Pitts moved: That the communication from the Department of General Services, dated January 6, 1995, be received and filed; and That the Commissioner of General Services be, and he hereby is, authorized to waive the Performance Bond on the proposed purchase of a Computer Aided Dispatch System from Public Safety Systems Incorporated, subject to the approval of the Corporation Counsel of any proposed contractual amendments reflecting alternative purchase guarantees, which shall be filed with the Common Council. PASSED. AYES- 13 NOES- 0. FROM THE CIVIL SERVICE COMMISSION No. 82 Info - Appt. Firefighter Sumbrum Com. 33, CCP 1/10/95 In reply to the above subject matter, please be advised that Mr. Bart Sumbrum has received a contingent permanent appointment to the position of Firefighter during the leave of absence of Joseph Tauriello. Mr. Sumbrum's appointment was not permanent because there are no permanent vacancies and two individuals are ahead of him on the preferred eligible list. RECEIVED AND FILED. FROM THE CITY CLERK No. 83 Certificate of Appointment Appointment effective January 30, 1995 in the Department of City Clerk Linda Andersen, 2047 Niagara St., Buffalo, NY 14207, to the Position of Laborer I, Permanent, at Maximum Starting Salary of $10.24 per hr. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 84 Mayor Reported Out of State I transmit herewith a communication received by me from the Mayor, reporting his absence from the state from, 7:00 A.M. Wednesday January 25, 1995 until 10:00 P.M., Thursday, January 26, 1995. RECEIVED AND FILED. No. 85 Liquor License Applications Attached hereto are a communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 130 Genesee The Turf Bar Thomas Cleary 150 Theater Pl. Club Marcella Club Marcella 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. 86 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- C. Carol Kane Police- George Bratton, John Doyle, Barbara Miller-Williams, Fire- Dunbar J. Smith, Gary E. Burton RECEIVED AND FILED. No. 87 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Buffalo Sewer Authority City Planning Board Municipal Housing Authority RECEIVED AND FILED. No. 88 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 17, 1995 in the Department of Common Council Jean Conlon, 38 Houston St., Buffalo, NY 14220, to the Position of Intern IV, Temporary, at the Flat Starting Salary of $6.00 hr. Appointment effective January 20, 1995 in the Department of City Clerk Lori Ann Rich, 27 Norwalk Ave., Buffalo, 14216, to the Position of Intern IV Seasonal, at the Flat Starting Salary of $6.00 hr. Appointment effective January 25, 1995 in the Department of City Clerk Doug Chavers, 453 East Amherst, Buffalo, 14215, to the Position of Intern IV Seasonal, at the Flat Starting Salary of $6.00 hr. Appointment effective January 30, 1995 in the Department of City Clerk Hubert O'Connor, 1547 Hertel Ave., Buffalo 14216, to the Position of Intern IV Seasonal, at the Flat Starting Salary of $6.00 hr. Appointment effective January 31, 1995 in the Department of Common Council to the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00 hr. David Mingoia, 642 Lisbon, Buffalo, 14215 Bryon Daniels, 46 Kerns, Buffalo, 14211 No. 89 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 January 23, 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. Tracy Y. Harris, 205-A Kenville Road, Buffalo, NY 14215 Appointment effective January 30, 1995 in the Department of Mayor's office Division or Youth Opportunity and Internship Programs to the Position of Intern II Seasonal, at the Flat Starting Salary of $4.25 hr. Linda E. Arce, 176 Virginia Street, Buffalo, NY 14201 John J. Bienko, 137 Dunlop Avenue, Buffalo, NY 14215 Kinese R. Belcher, 185 Howard Street, Buffalo, NY 14206 Sabrina S. Cartagena, 218 Normal Avenue, Buffalo, NY 14213 Marketa S. Baker, 326 Pratt Street, Buffalo, NY 14204 Annette Olivencia, 351 Normal Avenue, Buffalo, NY 14213 Gwendolyn C. Sajecki, 1232 Sycamore St, Buffalo, NY 14211 Neil K. Umetsu, 644 Hopkins Street, Buffalo, NY 14220 Michael Williams, 54 Weston, Buffalo, NY 14215 Demond A. Wright, 530 Wyoming, Buffalo, NY 14215 No. 90 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. BOARD OF STADIUM & AUDITORIUM Appointment effective January 25, 1995 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, Terrance M. O'Rourke Jr. 346 Villa St., Buffalo, 14216, to the Position of Laborer I, seasonal, at the flat Starting Salary of $6.22 hr. Appointment effective January 25, 1995 in the Department of Stadium & Auditorium Division of Memorial Auditorium, Michael A. Naples, 1 Traymore Ave. Buffalo, 14216 to the Position of Laborer II, Seasonal, at the flat Starting Salary of $6.92 hr. DEPARTMENT OF PUBLIC WORKS Appointment effective February 1, 1995 in the Department of Public Works Division of Water, Maureen Colern, 154 Cushing Place, Buffalo, 14220, to the Position of Clerk Seasonal, at the Flat Starting Salary of $5.20/hr Appointment effective February 1, 1995 in the Department of Public Works Division of Water, Kathleen Wachowicz, 81 Barnard Street, Buffalo, 14206 to the Position Of Account Clerk, Temporary, at the Flat Starting Salary of $ 5.46/Hour. Appointment effective February 2, 1995 in the Department of Public Works Division of Engineering, Larry L. Walker, 25 Oxford Pl., Buffalo, New York 14204 to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22 hr. Appointment effective January 20, 1995 in the Department of Public Works Division of Buildings, Charles H. Mayer Jr., 184 Aldrich Place, Buffalo 14220 to the Position of Senior First Class Stationary Engineer, Temporary, at the Flat Starting Salary of $7.33 hr. DEPARTMENT OF PARKS Appointment effective January 23, 1994 in the Department of Parks, Division of Recreation, Norman Anderson, 1050 Ellicott, Buffalo 14209 to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr. DEPARTMENT OF HUMAN RESOURCES Appointment effective January 19, 1995 in the Department of Human Resources Division of Youth, to the Position Of Attendant, Temporary, at the Flat Starting Salary of $4.42 p/h. David Celano, 1173 Hertel, Buffalo 14216 Timothy Parks, 243 Villa, Buffalo 14216 Keay Miles, 64 Moselle, Buffalo 14211 Darlene Brown, 41 Oxford, Buffalo 14209 Camille Cammarata, 163 Tacoma, Buffalo 14216 Robert Lodinsky, 147 Bird, Buffalo 14213 Mary Howell, 378 Plymouth, Buffalo 14213 Benjamin Smith, 401 Delaware, Buffalo 14202 Melvin Potter, 50 Hamlin, Buffalo 14208 Johnnie Davis, 1256 Fillmore, Buffalo 14211 Dennis Washington, 429 Grider, Buffalo 14215 Rose Aquilina, 145 Dorchester, Buffalo 14213 Eva Pizarro, 198 Claremont, Buffalo 14222 Donna Haeick, 46 Cunard, Buffalo 14216 Carolyn Crawford, 160 Prospect, Buffalo 14201 Janet Wilkie, 19 Olga, Buffalo 14206 Anne Nicpon, 45 Titus, Buffalo 14212 Melanie Parker, 754 Smith, Buffalo 14206 Michelle Nicpon, 827 S. Division, Buffalo 14210 Linda Hampton, 36 Moselle, Buffalo 14211 Denise Daniels, 367 French, Buffalo 14211 Mary Lawson, 119 Mapleridge, Buffalo 14215 Beverly Semenow, 2004 Bailey, Buffalo 14211 Franklin McClellan, 20 Hamlin, Buffalo 14208 Melissa Robertson, 69 Goulding, Buffalo 14208 Gary Nelson, 341 East, Buffalo 14207 Renfred Arnold, 314 Cornwall, Buffalo 14215 Joseph Zon, 129 Military, Buffalo 14207 Linda Kelly, 199 Royal, Buffalo 14207 Maryann Grunzweig, 97 Condon, Buffalo 14207 Lindsay Singleton, 55 Goulding, Buffalo 14208 Kendall Burwell, 268 Rodney, Buffalo 14214 Joyce Reed, 261 Dartmouth, Buffalo 14215 Delane Chavers, 42 Rich, Buffalo 14211 Ida Hall, 196 Crescent, Buffalo 14214 Mary Geraci, 29 Elam, Buffalo 14214 Atasha Johnson, 254 Loring, Buffalo 14214 Charles Robbins, 22 Oxford, Buffalo 14209 Helen Sciolino, 30 Tremont, Buffalo 14213 Joanne Syracuse, 88 Wellington, Buffalo 14216 David Shamrock, 86 Commonwealth, Buffalo 14216 Appointment effective January 24,1995 in the Department of Human Resources Division of Youth to the Position of Attendant, Temporary, at the Flat Starting Salary of $4.42 p/h. Ronald Pugh, 100 Blaine, Buffalo 14208 Juan Carlos Valentin, 191 Fargo, Buffalo 14201 Tony Parker, 321 Warwick, Buffalo 14215 Donnamaria Collana, 75 Lovering, Buffalo 14216 Wesley Fletcher, 87 19th, Buffalo 14213 Samuel Turner, 21 Gesl, Buffalo 14214 Len R. Tatum, 144 Allen, Buffalo 14201 Appointment effective January 26, 1995 in the Department of Human Resources, Division of Youth to the Position of Attendant, Temporary, at the Flat Starting Salary of $4.42 p/h. Bernard Pryor 50 Jaktram Ct. Buffalo 14209 Timothy Allen, 340 West Delavan, Buffalo 14213 Sandra Vaughan, 58 Locust, Buffalo 14202 Appointment effective January 31,1995 in the Department of Human Resources, Division of Youth to the Position of Attendant, Temporary, at the Flat Starting Salary of $4.42 p/h Sheila Preston, 314 Cornwall, Buffalo 14215 Deborah Utz, 115 Gatchell, Buffalo 14212 Clyde Utz, 115 Gatchell, Buffalo 14212 Gwendolyn Williams, 60 Woltz, Buffalo 14212 Appointment effective January 19, 1995 in the Department of Human Resources Division of Youth, to the Position of Supervisor, Temporary, at the Flat Starting Salary of $5.20 p/h. Lemar Robinson, 17 Hamlin, Buffalo 14208 Thomas Hryvniak, 371 Peckham, Buffalo 14206 Appointment effective January 19, 1995 in the Department of Human Resources Division of Youth, to the Position of Supervisor, Temporary, at the Flat Starting Salary of $5.20 p/h. Alfred Williams, 23 Leonard, Buffalo 14215 JoAnne Syracuse, 88 Wellington, Buffalo 14216 David Shamrock, 86 Commonwealth, Buffalo 14216 Carmella Trippi, 26 Woodette, Buffalo 14207 Eileen Saporito, 106 Eckhert, Buffalo 14207 Irma Cole, 201 East Amherst, Buffalo 14214 Cliffie Turner, 109 Pembroke, Buffalo 14215 Appointment effective January 20, 1995 in the Department of Human Resources Division of Youth to the Position of Lifeguard, Seasonal, at the Flat Starting Salary of $5.20 p/h. Jeremy Kilduff, 217 Summitt, Buffalo 14214 Joseph McMahon, 81 Briggs, Buffalo 14207 Carlos Roa, 138 Grote, Buffalo 14207 Dennis Sanders, 40 Fosdick, Buffalo 14209 Appointment effective January 24, 1995 in the Department of Human Resources Division of Youth, to the Position of Supervisor, Temporary, at the Flat Starting Salary of $5.20 p/h. Melissa Nicpon, 753 Smith, Buffalo 14206 Margarette Goldsmith, 25 East Oakwood, Buffalo 14206 Appointment effective January 24, 1995 in the Department of Human Resources, Division of Youth to the Position of Lifeguard, Seasonal, at the Flat Starting Salary of $5.20 per hr. David Hemingway, 344 Linwood, Buffalo 14209 Jeffrey Dziedzic, 16 Glenn, Buffalo 14206 Paulette Reslow, 128 Greeley, Buffalo 14207 Appointment effective January 31, 1995 in the Department of Human Resources Division of Youth, to the Position of Lifeguard, Seasonal, at the Flat Starting Salary of $5.20 p/h Melissa Smith, 239 Wallace, Buffalo 14216 DEPARTMENT OF CITY CLERK Appointment effective February 2, 1995 in the Department of City Clerk, to the Position of Dog Enforcement Clerk, Temporary, at the flat Starting Salary of $6.22 per hr. Jean Conlon, 38 Houston St., Buffalo, NY 14220 No. 91 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF POLICE Appointment effective January 17, 1995 in the Department of Police, to the Position of Cellblock Attendant, Contingent Permanent, at the Minimum Starting Salary of $22,266. Stephen P. Schulz, 366 Linden Avenue, Buffalo 14216 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 92 BUFFALO PLACE, INC Accounting-1994 Events Enclosed is the events accounting for the 1994 season at Buffalo Place Inc. Included is detailed accounts for the following events: Imagifest The Downtown Country Market Thursday at The Square Each event has four copies attached with the revenue on top followed by expenses. If you should have any questions please feel free to contact me at 856-3150. RECEIVED AND FILED. No. 93 R. KERN HUD Loan to 400 Elmwood Ave (Wilbur Trammell) Last year the entire westside received less than $500,000 from the city for urgent rehab loans to low income homeowners with code violations or emergencies for which they could not receive bank loans. Yet a troubled developer is receiving an $800,000 HUD loan to again rehab a heavily subsidized building ($600 monthly rent for each of 77 mostly 1 bedroom units) after he received millions to rehab the building less than 10 years ago. There is again a strong appearance of impropriety: 1. Trammell alleges he lost money on the building over a three period despite subsidized rents totalling over $40,000 monthly, while providing few services (no security or live-in supervision despite a preponderant "disabled" population). 2. Critical maintenance and safety problems went unaddressed, leading to the serious injury of a man in March by falling cement from the roof ledge. The victim has been disabled since the accident, a negligence lawsuit has been filed, and the building has been barraded on both sides to warn of danger. 3. Section 8 subsidies may be paid only if a building is code compliant, but obvious violations resulted in no action by Rental Assistance Corp (which manages the subsidies for HUD) or city building inspectors (Housing Court can withhold subsidies to make repairs). 4. Instead, over $200,000 has been approved to make roof repairs although tenants allege interim repairs have been made by Clarkson Center trainees at minimal cost to Trammell. 5. The "70 year old furnace" Trammell alleges needs replacing, was actually replaced by an inexpensive electric heating system in 1985. The electric system was replaced by gas hot water heat (including domestic hot water) 1 1/2 years ago by Energy Network, Inc., at a cost of $160,000. Yet $200,000 of the $800,000 loan is to replace the heating system now. It is important that these questions be addressed and the strong appearance of impropriety be explained to a struggling westside community. Lack of resources in neighborhoods while troubled developers repeatedly receive questionable taxpayer allocations feeds cynicism and distrust of government. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMMISSIONER OF COMMUNITY DEVELOPMENT, BURA AND THE BUFFALO ECONOMIC DEVELOPMENT CORPORATION. No. 94 NYSDEC Delisting Property - Clinton/Bailey The New York State Department of Environmental Conservation (DEC) maintains a Registry of sites where hazardous waste disposal has occurred. Property located at Clinton Street and Bailey Avenue in the City of Buffalo and County of Erie and designated as Tax Map Numbers 100.5-5-18, 123.1-1-1.1 and 123.1-1-1.2 was listed in the Registry because there was some concern that hazardous waste was deposited there. The name and site [.D. number of this property is listed in the Registry as Clinton-Bailey Site, Site #915126. The DEC is proposing to delist this site from the Registry. The reason for proposing the removal of this site from the Registry is as follows: Based on the information developed during the Preliminary Site Assessment investigation, the presence of listed or characteristic hazardous waste cannot be documented at the Clinton-Bailey site. Soil samples did not show the presence of hazardous waste. The presence of lead and chromium at elevated levels was revealed, but was determined not to be associated with the disposal of hazardous waste. Because of the accessibility of the site to the public and the presence of elevated levels of lead and chromium in soils, human exposure to site related compounds can occur. This site will be referred to the Division of Solid Waste for proper closure. Public comments about delisting this site are being received before the decision to remove this site from the Registry is finalized. If you would like to provide us with your written comments, please send them to: Sri Maddineni, Room 220, 50 Wolf Road, Albany, New York 12233-7010. The public comment period will end February 11, 1995. A summary of any comments we receive will be made available at our Region 9 office 270 Michigan Avenue, Buffalo, New York 142031299. If we do not receive any new or additional information during this public comment period that changes our proposal, we will delist the identified site on or after March 11,1995. We are sending this letter to you and others who own property near the site listed above as well as the county and town clerks. We are notifying you about these activities at this site because we believe it is important to keep you informed. If you have questions or need additional information, the Department of Environmental Conservation maintains a hazardous waste site toll-free number: 1(800)342-9296. The Department of Health maintains a Health Liaison Program (HELP) toll-free number- 1 (800) 458-1158 Ext. 402. If you currently are renting or leasing your property to someone else, please share this information with them. If you no longer own the property to which this letter was sent, please provide this information to the new owner and provide this office with the name and address of the new owner so that we can correct our records. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE ENVIRONMENTAL MANAGEMENT COMMISSION. No. 95 NYSDEC Delisting Property - Katherine St. The New York State Department of Environmental Conservation (DEC) maintains a Registry of sites where hazardous waste disposal has occurred. Property located at Katherine Street in the City of Buffalo and County of Erie and designated as Tax Map Number 122.183-2 was listed in the Registry because there was some concern that hazardous waste was deposited there. The name and site I.D. number of this property is listed in the Registry as U.S. Steel-Eastern Limestone Division, Site #915113. The DEC is proposing to delist this site from the Registry. The reason for proposing the removal of this site from the Registry is as follows: There is no documentation of hazardous waste disposal at this site. The materials disposed of at this site are not considered hazardous waste as defined by 6NYCRR Part 371, thus, a significant threat as defined by 6NYCRR 375 cannot be established. This site should, therefore, be removed from the Registry of Inactive Hazardous Waste Sites. The recent activities of the new owner (Booth Oil Co.) has covered the old US Steel roads with gravel or pavement preventing the possibility of any direct contact with people. Public comments about delisting this site are being received before the decision to remove this site from the Registry is finalized. If you would like to provide us with your written comments, please send them to: Carl Hoffman, NYSDEC, Room 220, 50 Wolf Road, Albany, New York 12233-7010. The public comment period will end February 25, 1995. A summary of any comments we receive will be made available at our Region 9 Office, 270 Michigan Avenue, Buffalo, New York 14203-1299. If we do not receive any new or additional information during this public comment period that changes our proposal, we will delist the identified site on or after March 25, 1995. We are sending this letter to you and others who own property near the site listed above as well as the county and town clerks. We are notifying you about these activities at this site because we believe it is important to keep you informed. If you have questions or need additional information, the Department of Environmental Conservation maintains a hazardous waste site toll-free number: 1 (800) 342-9296. The Department of Health maintains a Health Liaison Program (HELP) toll-free number: 1 (800) 458-1158 Ext. 402. If you currently are renting or leasing your property to someone else, please share this information with them. If you no longer own the property to which this letter was sent, please provide this information to the new owner and provide this office with the name and address of the new owner so that we can correct our records. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE ENVIRONMENTAL MANAGEMENT COMMISSION. No. 96 POLISH COMMUNITY INC. Filing Of Rezoning With County Clerk-104 Lewis Item #120, CCP, 1/10/95 In accordance with the provisions of the above resolution, enclosed please find a receipt from the Erie County Clerk's Office acknowledging the filing of a certified copy of the resolution. If there are any questions please contact me at 893-7222. Thank you and your staff for your assistance. RECEIVED AND FILED. No. 97 ROSWELL PARK MODERNIZATION PROGRAM Minority Participation Enclosed please find information regarding minority participation statistics and a current project progress overview. If you have any questions do not hesitate to call our office. Thank you. RECEIVED AND FILED. PETITIONS No. 98 Integrated Waste System, owner, petition to use 327 Ganson for a rock crusher. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 99 Rite-Aid, owner, petition to use 2474-2494 Bailey for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 100 Rite-Aid, owner, petition to use 142-152 Grant St. for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT, No. 101 General Mills, owner, petition to use 7 Michigan Avenue South for a flour mill. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 102 Wellington Pub, petition to use 1541 Hertel Avenue for a front outdoor patio. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 103 Bob & John's, petition to use 1543 Hertel Avenue for a front outdoor patio. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 104 Rite Aid Drugs, owner, petition to use 1410 Delaware Avenue for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. REGULAR COMMITTEES CIVIL SERVICE HON. ROSEMARIE LOTEMPIO CHAIRMAN No. 105 Salary Ordinance Amendment 06 - Department of Administration and Finance 4 - Parking Enforcement 022 - Parking Violations Bureau (Item No. 218, C.C.P., Nov. 15, 1994) That the Salary Ordinance Amendment as contained in Item No. 182, C.C.P., January 24, 1995, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 106 Exclude Exempt Fire Department Employees from Raises (Item No. 194, C.C.P., Dec. 27, 1994) (Item No. 98, C.C.P., Jan. 24, 1995) 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. PASSED. AYES- 13 NOES- 0 No. 107 Audit-Schedule Complaint - BSA Truck Crew (CSC) (Item # 14 CCP January 10, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 108 Audit - Engineering Payroll Procedures (CSC) (Item # 15 CCP January 10, 1995) That the above mentioned Item be and the same is hereby referred to the Committee on Finance. ADOPTED. No. 109 Appointment of Joseph M. Mazza Deputy Director of Substance Abuse Services (Item No. 53, C.C.P., Nov. 29, 1994) (Item No. 100, C.C.P., Jan. 24, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. LoTempio moved: That the Provisional appointment of Joseph M. Mazza as Deputy Director of Substance Abuse Services at the maximum salary of $44,218 effective November 15, 1994 be, and hereby is approved. PASSED. AYES- BELL, COLLINS, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, WILLIAMS, ZUCHLEWSKI- 10. NOES- ARTHUR, COPPOLA, PITTS- 3. No. 110 Appointment Caulker Supervisor I That communication No. 44 January 24, 1995 be received and filed and the provisional appointment of Patrick J. Martin stated above at the intermediate salary $28,538.00 effective on January 9, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 111 Appointment Caulker Supervisor I That Communication No. 45 January 24, 1995 be received and filed and the temporary appointment of Charles S. Trimper stated above at the intermediate salary $28,538.00 effective on January 16, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 112 Appointment Building Code Specialist That Communication No. 46 January 24, 1995 be received and filed an the permanent appointment of Burke Glaser stated above at the maximum salary $38,312.00 effective on January 12, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 113 Appointment Substance Abuse Specialist That Communication No. 70 January 24, 1995 be received and filed and the permanent appointment of Christa Hodge stated above at the intermediate salary $24,103.00 effective on January 12, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 114 Appointment Teller That Communication No. 73 January 24, 1995 be received and filed and the permanent appointment of Ruth O'Leary stated above at the maximum salary $25,135.00 effective on January 17, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 115 Status of Solid Waste Contracts (PW) (Item # 23 CCP January 10, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 116 Merchant Marine Memorial (Item No. 8, C.C.P., Jan. 10, 1995) (Item No. 113, C.C.P., Jan. 24, 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. 117 Merchant Marine Memorial (Buffalo Arts Commission) (Item No. 9, C.C.P., Jan. 24, 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. 118 ATM Machine in City Hall (Item No. 35, C.C.P., Jan. 24, 1995) 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 an agreement with the Buffalo Metropolitan Federal Credit Union to install and operate an ATM machine in City Hall at a rental fee of $ 1. 00 (One Dollar) per year. PASSED. AYES- 13 NOES- 0. No. 119 Increased Appropriation - Department of Public Works (Item No. 169, C.C.P., Jan. 24, 1995) That pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller, and that the Comptroller be, and he 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 PASSED. AYES- 13 NOES- 0. No. 120 Increased Appropriation - City Revenue - Dept of Police (Item No. 170, C.C.P., Jan. 24, 1995) That pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller, and that the Comptroller be, and he hereby, is authorized and directed to increase the revenue estimate account in the sum of $30,000: 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 forth below: 100 General Fund 20 - Department of Police 1 - Division of Police Administration 021 - Administration & Communications 427 - Clothing & Uniforms $30,000 PASSED. AYES- 13 NOES- 0. No. 121 Abandon/Sale Portion of Holly Street (Item No. 21, C.C.P., Jan. 24, 1995) That the offer of Mr. and Mrs. Joseph Serafin, 149 Fenton Street, Buffalo, in the sum of $3,000.00 (Three Thousand Dollars) to purchase the property described as Portion of Holly Street 50' x 275' (as more fully described in the above communication), 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. PASSED. AYES- 13 NOES- 0. No. 122 Tammi I. Banks - Offer to Purchase Firehouse 421 Best (Item No. 80, C.C.P., Jan. 24, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the offer of Ms. Tammi I. Banks to purchase the Firehouse located at 421 Best Street be and hereby is accepted; contingent upon her petition to the Supreme Court for the appointment of two appraisers to establish the value of the City's interest in the Firehouse, and upon her receipt of a grant from the New York State Department of Social Services to allow her to purchase the property; and That the Comptroller, be and hereby is, authorized to abandon such Firehouse upon the receipt of the appraisal reports of the property from Ms. Banks and the report of such appraisals to the Common Council for final authorization of the abandonment and sale, as the final abandonment and sale shall not occur until the transfer of title takes place. ADOPTED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12. NOES- LOCKWOOD- 1. No. 123 Prepare Plans and Specifications for Advertise for Bids - Solid Waste Disposal (Item No. 37, C.C.P., Jan. 24, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to prepare specifications and to receive bids for Solid Waste Disposal. ADOPTED. No. 124 Change in Contract - Plumbing Reconstruction Kleinhans Music Hall (Item No. 40, C.C.P., Jan. 24, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #2 to Gareleck Plumbing, changes resulting in a net increase in the amount of $1,600.00, as more fully described in the above communication, for contract relating to Plumbing Reconstruction of Kleinhans Music Hall - Phase IIIA, C 91763100. PASSED. AYES- 13 NOES- 0. No. 125 Change in Contract - Paving - Amherst and Linden (Item No. 41, C.C.P., Jan. 24, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1 to Amherst Paving, Inc., changes resulting in a net increase in the amount of $155,728.00, as more fully described in the above communication, for contract relating to Repair City Pavements 1994-95, Contract No. 91794100. This change order requires the transfer of funds from the Division of Water #416-982-003 to the Division of Engineering, Department of Public Works #200-401-507. PASSED. AYES- 13 NOES- 0. No. 126 Change in Contract - Paving - Argyle Park (Item No. 42, C.C.P., Jan. 24, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #3 to M.P.J. Contracting, Inc., changes resulting in a net decrease at no cost, as more fully described in the above communication, for contract relating to Argyle Park - W. Delavan to Potomac, Group 366, Contract No. 91789000. Funds for this change order (no cost) are available in the Division of Engineering Bond Fund Account 200-401-014-00-000. PASSED. AYES- 13 NOES- 0. No. 127 Change in Contract - Energy Conservation CES/Way (Item No. 43, C.C.P., Jan. 24, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #2 to CES/Way International Inc., changes resulting in a net decrease in amount of $3,952.36, as more fully described in the above communication, for contract relating to energy conservation work in City Hall, City Court and various other City building Funds for the work will be credited to $2,300,000 lease/purchase in the Comptroller's Office PASSED. AYES- 13 NOES- 0. No. 128 Change in Contract - Broderick Park Concession Stand (Item No. 72, C.C.P., Jan. 24, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the Commissioner of Community Development be, and he hereby is, authorized to issue change order #1 to Miller Enterprises, changes resulting in a net increase in the amount of $15,580.00, as more fully described in the above communication, for contract relating to general construction at Broderick Park Concession Stand, Contract No. 91782000. Funds for this additional work are available in Bond Fund #200-717-524. PASSED. AYES- 13 NOES- 0. No. 129 Lots Cut June/Oct (Sts) (Item # 57 CCP January 24, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 130 Info - Emergency Demo. - 574 Goodyear (CC) (Item # 53 CCP January 24, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 131 Protest of Demo - 574 Goodyear (ICR) (Item # 73 CCP November 15, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 132 Reform Guidelines For Off-year Assessment (Assmt.) (Item # 19 CCP January 10, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 133 Off Year Assessment Increases (CC) (Item # 52 CCP January 24, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 134 Report of Audit - Police Forfeiture Fund (Compt.) (Item # 11 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 135 Reply to Golf Course Revenue Audit (Pks) (Item # 29 CCP January 10, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 136 Reply To Audit - Engineering Payroll (PW) (Item # 36 CCP January 24, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 137 Leahy's Soc. Club - Replacement For Sidway Plygd. (Item # 89 CCP November 1, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 138 Replacement for Sidway Playground (Pks.) (Item # 31 CCP November 29, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 139 Replacement for Sidway Playground (CD) (Item # 35 CCP December 13, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 140 Marine Midland Bank, Petition to use 3101 Bailey Avenue - Pole Sign (Item No. 89, C.C.P., Jan. 24, 1995) That after a public hearing before the Committee on Legislation on January 31, 1995, the petition of Marine Midland Bank, owner, for permission to use 3101 Bailey Avenue for a pole sign be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 141 Marine Midland Bank, Petition to use 963 Main Street - Pole Sign (Item No. 90, C.C.P., Jan. 24, 1995) That after a public hearing before the Committee on Legislation on January 31, 1995, the petition of Marine Midland Bank, owner, for permission to use 963 Main Street for a pole sign be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 142 Marine Midland Bank, Petition to use 708 Tonawanda - Pole Sign (Item No. 91, C.C.P., Jan. 24, 1995) That after a public hearing before the Committee on Legislation on January 31, 1995, the petition of Marine Midland Bank, owner, for permission to use 708 Tonawanda for a pole sign be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 143 C. Dunne - Oppose Increase In "Special Population" (Item # 81 CCP January 24, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 144 Restaurant/Dancing Class IV License 951 Elmwood Avenue (Item No. 48, C.C.P., Dec. 27, 1994) That pursuant to Chapter 150 of the Ordinances of the City of Buffalo, the Director of Licenses and Permits is hereby authorized to issue a Restaurant/Dancing Class IV License to Michael Sherk, proprietor of Rayzor's, 951 Elmwood Avenue, be, and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 145 Notification Serial #8458 Install No Parking on Broadway, etc. (Item No. 31, C.C.P., Jan. 24, 1994) That the Notification Serial Nos. 8427-8461, be received and filed; except that Notification Serial No. 8458 be denied as set forth below: Pursuant to Subdivision 3 of Section 33 of Chapter 479 of the Ordinances of the City of Buffalo, the following changes to the traffic ordinances (Chapter 479 of City Code) are hereby denied and disapproved: PROHIBIT PORTION HIGHWAY PROHIBIT PD POLICY Broadway, north side Anytime from Gatchell Street to Bailey Avenue ADOPTED. No. 146 Info - Loitering Laws (CC) (Item # 63 CCP December 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 147 Removal of Restaurant License Fees (A&F) (Item # 68 CCP January 24, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 148 L. Mertz - Request Traffic Signal Broadway/Mohr (Item # 116 CCP November 15, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 NiMo - Comments on "Green Pricing" (Item # 140 CCP January 24, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 150 Info - Chemical Spill Peace Bridge (Pol.) (Item # 49 CCP January 24, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 151 Peace Bridge Authority - Info Toxic Spill (Item # 84 CCP January 24, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 152 Peace Bridge Chemical Trans. Employees - Info.- Spill (Item # 85 CCP January 24, 1995) That the above mentioned item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 153 By: Mr. Arthur Delay Conveyance 1237 Genesee Street To Hubbard Ind. Pk. Inc. Whereas: October, 24, 1994; 1237 Genesee Street was purchased from the City of Buffalo at the tax foreclosure auction In Rem 28, for $25,000.00; and Whereas: The successful bidder for 1237 Genesee Street, was Salvatore Lipone of 11 Bucysus Drive, Amherst, New York; and Whereas: This purchase was secured with payment in full, by check, from Brady and Burgess Management Corporation, of the same address; and Whereas: Although it seems that the purchaser and the bidder is one in the same, Brady and Burgess is requesting that the Law Department convey the deed of 1237 Genesee to Hubbard Industrial Park, Inc., P.O. Box 1011, Buffalo, New York, 14240; and Whereas: All attempts to obtain the name and address of the officers of Hubbard Industrial Park, Inc., and a responsible person of the corporation has been unsuccessful; and Now, Therefore, Be It Resolved That: This Honorable Body is requesting a full investigation be conducted to establish whom will be the actual owners of 1237 Genesee Street, Buffalo, New York; and And Let It Further Be Resolved That: This Honorable Body, directs the Corporation Counsel not to convey the title of 1237 Genesee Street to Hubbard Industrial Park, Inc. until a full report is filed with this Council. ADOPTED. No. 154 By: Mr. Bell Local Response to Crime Bill Priorities Whereas: The Violent Crime Control and Law Enforcement Act of 1994 was the largest crime bill in the history of the United States, expanding and strengthening various statues and regulations and providing billions of dollars in funding for additional police officers, new prison construction, and crime prevention programs, among other priorities ; and Whereas: The provisions of the Crime Bill included stiffer penalties for gang members who commit violent and drug trafficking crimes, greater maximum penalties for certain crimes committed near schools, and expansion of the federal death penalty to include drive-by shooting resulting in death; and Whereas: These provisions and others show increasing recognition that there needs to be a greater emphasis on "street crimes" by law enforcement; and Whereas: The criminal provisions of the Crime Bill, devised with input from experienced police officers, represent a well considered set of priorities that should be addressed on the local as well as the federal level; Now, Therefore, Be It Resolved: That the Buffalo Police Department be requested to file a report with this Honorable Body detailing what efforts are being made locally to address the priorities of the Violent Crime Control and Law Enforcement Act of 1994. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION AND THE COMMISSIONER OF POLICE. No. 155 By: Mr. Collins Ordinance Amendment Ch. 103-License Application The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 103-3B of Chapter 103, Building Construction and Demolition; Fire Prevention, of the Code of the City of Buffalo be amended to read as follows: 103-3. Form of application; person required to file. B. The application [shall] must be made by [the owner or by] an authorized agent, architect, engineer, licensed home improvement salesman or contractor employed in connection with any or part of the proposed work. C. The application must be made by the owner when the work is being performed solely by the owner. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 156 By: Mr. Collins Increased Appropriation City Revenue Buildings 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 $400,000. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: Revenue City 100 General Fund 40-2 Division of Buildings 402 City 90000 - Miscellaneous $400,000 To meet the increased appropriation as set forth below: 100 General Fund 402 - Division of Buildings 021 - Administrative Services 560 - Building Repairs and Alterations $400,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 157 By: Mr. Collins Transfer Of Funds Common Council-Councilmember 11 - Auto Allowance Common Council - Legislative - Temporary Services That pursuant to section 42 of the Chatter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $1,449 be and the same is hereby transferred from the Common Council - Councilmember 11 - Auto Allowance and said sum is hereby reappropriated as set forth below: From: 100 General Fund 010 - Common Council 011- Councilmember 11 135 - Auto Allowance (Lockwood) $1,449 To: 100 General Fund 010 - Common Council 001 - Legislative 112 - Temporary Services (Lockwood) $1,449 PASSED. AYES- 13 NOES- 0. No. 157 By Mr. Collins Transfer of Funds Common Council - Legislative - Temporary Services Common Council-Finance Committee Chairman-Salaries, Regular That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $1,500 be and the same is hereby transferred from the Common Council - Legislative - Temporary Services and said sum is hereby reappropriated as set forth below: From: 100 General Fund 010 - Common Council 001 - Legislative 112 - Temporary Services $1,500 To: 100 General Fund 010 - Common Council 003 - Finance Committee Chairman 110 - Salaries - Regular $1,500 PASSED. AYES- 13 NOES- 0. No. 159 By: Mr. Collins Lease/Purchase Agreement-Fire Dept. CAD System Resolution authorizing the execution and delivery of a lease purchase agreement for a Buffalo Fire Department Computer aided dispatching System, at an estimated maximum cost of $888,161.12, and determining other matters in connection therewith, Whereas, the Common Council of the City of Buffalo, New York ("City") has determined that a true and very real need exists for a Buffalo Fire Department Computer Aided Dispatching System (the "Equipment") described in the proposed Lease Purchase Agreement between the City and the most advantageous Lender at closing, currently Identified as Key Corp. Leasing Ltd., however subject to change predicated on the adjusted Treasury Index if fluctuated to the extent that rates quoted in their proposal rise to the extent that they are no longer competitive. Then the next apparent most favorable lender as determined by the Comptroller (Key Corp. Leasing Ltd. or alternative) (the "Agreement); and Whereas, an evaluation of financing alternative in connection with acquisition of the Equipment was prepared by the Comptroller's Office, and such evaluation has been taken into account by the Common Council, in the form presented to this meeting and on file in the City Clerk's Office; and Whereas, the City has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and Whereas, the City proposes to enter into the Agreement with Key Corp. Leasing Ltd. or alternative substantially in the form presented to this meeting and on file in the City Clerk's Office. PASSED. AYES- 13 NOES- 0. No. 160 By: Mr. Collins Establish Corporate War on Crime Task Force Whereas: Crime is the number one concern of most Americans, a top priority for most government officials, and a primary consideration for most businesses; and Whereas: Large and small businesses throughout the country are suffering from the effects of high crime, losing billions of dollars on thefts and lawsuits from customers injured during crimes; and Whereas: Businesses lose much more in costs that are not as easily measured, such as lost sales from people afraid to shop at their establishments, or from higher turnover of employees who do not feel secure at the work site; and Whereas: While it is important for government to do its part in establishing tough crime legislation, and to try to boost police presence, the answer to the crime problem does not rest solely on government initiatives, but rather with corporate America joining with community efforts to augment government endeavors; and Whereas: Block clubs, community centers, and individual community leaders are working with the Police Department trying to create safer neighborhoods in our city, and businesses should join forces to bolster those efforts to protect their own interests and those of the entire community; and Whereas: Businesses should not only offer monetary resources to assist in developing crime prevention strategies, but also commit equipment and supplies, and encourage their employees, through bonuses or incentives, to become active as volunteers in these groups; and Whereas: In other parts of the country, businesses have "adopted" neighborhoods making physical improvements and assisting in educational programs in their community, while other businesses have appointed full time employees to oversee company wide crime prevention initiatives and to organize employees to become more involved in their communities; and Whereas: A Task Force should be established to try to encourage greater business participation in neighborhood crime prevention and education programs in the various neighborhoods of our city; Now, Therefore, Be It Resolved: That the Common Council request the Department of Community Development to work together with the Police Department and the Greater Buffalo Partnership to develop a "Corporate War on Crime" Task Force to encourage businesses to become active in community crime prevention and education programs. ADOPTED. No. 161 By: Mr. Coppola Ordinance Amendment Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 129 of Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows: Residential Structures Type Base Plus Incremental Fee Fees Single Family $50.00 None 2-family $75.00 None [3 or more dwelling [$75.00] [$25.00 incremental fee units] payable upon issuance of certificate] All buildings consisting $75.00 of 3 units All buildings consisting $50.00 of 4-12 units All buildings over $100.00 12 units Rooming house $75.00 $10.00 for each rooming unit over 4 Mixed dwelling $75.00 and rooming units For each dwelling $25.00 unit over 3 For each rooming $10.00 unit over 4 APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON FINANCE. No. 162 By: Mr. Coppola Amend Traffic Ordinances-24 Hour On-Street Parking Whereas: Subdivision (16) "No parking over 24 hours" of Section 15 of Chapter 479 Traffic Ordinances - of the City of Buffalo stipulates that "no motor or other vehicle shall be parked or left standing on any street of the city of Buffalo for the period of twenty-four consecutive hours."; and Whereas: While this regulation is an effective tool in insuring turnover of limited available on-street parking and in monitoring abandoned vehicles, it also creates an added, cumbersome burden on vehicle owners who must park on streets because they do not have access to alternative parking sites; and Whereas: Vehicles which are otherwise legally parked on the correct side of the street, but which have not been moved in a 24 hour period because the owner may be ill, out of town, or chooses to use public transportation instead of the car, are still technically and legally subject to being cited with a parking violation; and Whereas: An additional concern about Subdivision (16) is that the language does not specifically state that a vehicle is subject to a violation if it is not moved from a specific parking spot, but that it is in violation if it is "parked or left standing on any street of the City"; and Whereas: Repealing this onerous ordinance is in the best interest of the city of Buffalo; Now, Therefore, Be It Resolved: That this Common Council direct the Corporation Counsel to prepare an ordinance amendment to Chapter 479- Traffic Ordinances- that would repeal Section 15, Subsection (16) -"No parking over 24 hours." REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 163 By: Messrs. Coppola and Arthur Temporary Licenses Whereas: Various terms and conditions are used to explain the term "temporary" as the term appears in the Ordinances of the City of Buffalo; and Whereas: The various explanations include references to monetary value, time constraints, portable or fixed nature of the subject matter, location, and materials involved; and Whereas: The lack of a specific definition of the term "temporary" is cause for concern and confusion, particularly in relation to the issuance of licenses; and Whereas: By nature, a license is valid for a specified time period, usually set forth as a condition for the issuance of the license. However, in situations where a "temporary' license is issued, the time period is not always as definitive and conditions for renewal may be vague; and Whereas: The very existence and validity of a "temporary" license is questionable, as the conditions to receive a license are specific, and the ability to issue a license for the same purpose, but under altered constraints, seems to be a contradiction; and Whereas: Clarification of the "temporary" concept is necessary; Now, Therefore, Be It Resolved: That the Common Council request that the Corporation Counsel and the Director of Licenses file reports with this Honorable Body detailing: Definition of a Temporary License List of categories for which a temporary license may be issued Authority to renew or extend a temporary license Common Council role in authorizing issuance and extension of these types of licenses; and Be It Further Resolved: That these reports be filed in time for the next stated meeting of this Council. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 164 By: Mr. Czajka Variance of Ordinance Section 189.20. Whereas: Undeveloped land along the Buffalo River between Stachowski Park and the Town of West Seneca border is listed as a special flood hazard area by the Federal Insurance Administration in the 1981 Flood Insurance Study for Buffalo, NY; and Whereas: This area has been the source of inquiries concerning new non subsidized owner occupied residential development by families who would like to build a new home in this area; and Whereas: Elevation restrictions posed by Section 189.20 of the City Charter, designed to minimize public expense relating to flood damage, have caused prospective homeowners to abandon their interest in building homes in this area; and Whereas: These restrictions have a negative effect on the City of Buffalo by sending those interested in building in this part of the city to adjoining suburban communities, which results in the loss of enhancement to the city's tax base; and Whereas: Homes that are already constructed with full basements along this section of the Buffalo River have not been known to have sustained any serious damage due to flooding. Now, Therefore, Be It Resolved: That the Commissioner of Public Works report to this Honorable Body on conditions necessary for a variance of ordinance, for Section 189.20 of the City Charter, to facilitate limited residential development along this section of the Buffalo River; and Be It Further Resolved: That this Honorable Body request a breakdown of flood damage claims in this area along the Buffalo River, during the past ten years registered with the Federal Insurance Administration. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 165 By: Mr. Czajka Closed Captioning of Television News and Information Programming For the Hearing Impaired. Whereas: Closed captioned broadcasting allows viewers to read what is being said on a television program by providing the written words on the bottom of the screen; and Whereas: Closed Captioning of television programming has proven to be a tremendous technological advancement by making broadcasts available to the deaf and hearing impaired community; and Whereas: Closed Captioned broadcasts of local news and magazine format programming serve as a primary source of information for hearing impaired Buffalonians- and Whereas: Local and National corporate sponsorship of programming often helps to offset the costs of closed captioning; and Whereas: Complaints by the deaf community to stations WGRZ and WIVB concerning incomplete closed captioning of news and magazine format programs have been ignored or inadequately resolved. Now, Therefore, Be It Resolved: That this Honorable Body request television stations, WGRZ, WIVB, WKBW and WUTV, to provide a listing of all closed captioned programming that they run and Be It Further Resolved: That these television stations report on what the actual costs per program are to run a closed captioned broadcast; and Be It Further Resolved: That this Honorable Body urge television stations, WGRZ, WIVB, WKBW and WUTV to provide full and complete closed captioning of all news and magazine format broadcasts whenever possible. ADOPTED. No. 166 By: Mr. Franczyk Hazardous Substance Sites Whereas: The New York State Legislature recently commissioned a Hazardous Substance Disposal Site Study which has been carried out by the NYSDEC; and Whereas: Hazardous substance sites are properties that are contaminated with chemicals that don't fit the narrow technical definition of hazardous waste used in the State Superfund program; and Whereas: Despite the fact that hazardous substance sites can present profound dangers to human health and the environment, these sites are currently ineligible for funding under the Superfund program and are often left un-remediated; and Whereas: The DEC Study found that 612 Hazardous substance sites in New York State may pose a significant threat to human health or the environment; and Whereas: The DEC estimates that the total cost of investigating and remediating all of these 612 sites at $1.6 to $2 billion; and Whereas: 23 of these sites are in tile city of Buffalo and questions on many of those sites are hindering development and leaving city residents exposed to undefined potential Health threats; and Whereas: Kingsley playground, where high levels of lead were left in neighborhood soils because they couldn't be traced to the industrial processes of the Diarsenol Company, is a good example of the folly mandated by the hazardous substance exclusion from the Superfund program; and Whereas: The current process, which leaves sites in "limbo" if they don't fit the technical definition of hazardous waste, even when they may pose a threat, is clearly inadequate; and Whereas: It would benefit the citizens of Buffalo to change the State Superfund program to include funding for hazardous substance sites ; and Whereas: Of the 1121 sites suggested for study to the NYSDEC by citizens or governmental agencies, 509 sites were rejected by the DEC with little or no explanation; Now Therefore Be It Resolved, That: This Common Council requests the New York State Legislature to expand the State Superfund program to include funding for Hazardous substance sites that pose a threat to human health or the environment; and Be It Further Resolved, That: This Common Council requests the NYSDEC to release, on a site by site basis, their reasons for rejecting 509 sites that were looked at in their study but not listed as Hazardous substance sites; and Be It Finally Resolved, That: The City Clerk be directed to send certified copies of this resolution to Governor Pataki, to the Secretary of the NYS Senate, to the Clerk of the NYS Assembly, to the Commissioner of the NYS Department of Environmental Conservation, and to the members of the Western New York Legislative delegation. ADOPTED. No. 167 By: Mr. Franczyk and Mrs. LoTempio Install Traffic Signal At Mohr and Broadway Whereas: During the New York State Department of Transportation's Broadway Reconstruction Project, a traffic signal at the intersection of Mohr and Broadway was removed; and Whereas: At the time of the reconstruction, the State analyzed and studied all of the warrants necessary for the installation of a traffic signal at that location, and concluded that none of the warrants were met. Therefore, the reinstallation of the signal could not be justified; and Whereas: The City of Buffalo's Public Works Department was requested to do a study of the situation and their findings concurred with those of the State; and Whereas: Neighborhood residents, through the filing of a petition with the Common Council, have expressed their desire to have the traffic signal replaced at the intersection of Mohr and Broadway because of their concern for the many elderly people and young children in the immediate vicinity; and Whereas: Recently, a pedestrian was struck by a car while trying to cross the street at this intersection; and Whereas: A serious danger exists due to the removal of the traffic signal and the resultant increase in the speed with which the cars now travel through the area at; Now, Therefore Be It Resolved: That the Common Council requests the Department of Public Works to reinstall the traffic signal at the intersection of Mohr and Broadway. ADOPTED. No. 168 By: Messrs. Franczyk, Pitts and Perla NYS Economic Development Zone Revision To Boundary Description Whereas, Local Law No. 5 (1994), adding section 281 of Article 14 of the charter of the City of Buffalo in relation to establishing an economic development zone, was signed by the Anthony M. Masiello, Mayor of the City of Buffalo; and Whereas, the Local law was filed with the Secretary of State on February 28, 1994, and then verified by the Mayor on March 2, 1994; and Whereas, subpart 2 of aforesaid Local Law defined the boundaries of the areas to be designated an Economic Development one; and Whereas, on July 27, 1994, the City of Buffalo was awarded New York State Economic Development Zone designation; and Whereas, publicly owned facilities located within the zone, such as public parks and public schools, are not eligible to receive the benefits offered by the zone designation. Whereas, existing residential areas do not significantly benefit from the State Economic Development Zone designation; Whereas, subsequent to the designation of the City of Buffalo Economic Development Zone, certain areas adjacent to the one have been proposed for major economic developments; and Whereas, on December 27, 1994, the Council approved a Resolution (Res. 157; C.C.P. 11-29-94) to request minor boundary revisions to the zone; and Whereas, the Urban Street/Genesee Street industrial area is situated in one of the more economically depressed areas of the city; and Whereas, the City has determined that inclusion of the Urban/Genesee Street industrial area in the State Economic Development Zone would significantly enhance opportunities for Economic development in this area. Now, Therefore, Be It Resolved: 1. That the City of Buffalo include the following additional State Economic Development Zone boundary revisions to its request to the New York State Department of Economic Development along with previous revisions approved by the Council: a. Add an industrial area of approximately fifty-seven (57) acres to sub-zone 1 that includes the Urban Street/Genesee Street industrial area and the industrial corridor connecting this area to the existing zone boundary: starting at the existing zone boundary at Broadway and Lathrop Street; then north along Lathrop Street to Walden Avenue; then east along Walden Avenue to Roetzer Avenue; then north along Roetzer Avenue to Genesee Street; then west along Genesee Street to Louisen Street; then north along Louisen Street to Northampton Street; then west along Northampton Street to Kehr Street; then north along Kehr Street to French Street; then east along French Street approximately 900, to a CONRAIL (nee NY Central) rail right-of-way; then south along the CONRAIL rail R.O.W. to Urban Street; then east along Urban Street to Barthel Street; then south along Barthel Street to Genesee Street; then west along Genesee @Street approximately 5501 to the CONRAIL rail R.O.W.; then south along the CONRAIL R.O.W. to Broadway and the existing zone boundary. b. Delete a residential area of approximately 57 acres in Sub-zone 1 bounded by Paderewski Drive, Fillmore Avenue, William Street, Smith Street, Peckham Street and Stanton Street. 2. That, if the boundary revision is approved by the NYS Department of Economic Development, that Subpart 2 of Section 281, Article 14 of the Charter of the City of Buffalo be hereby amended as follows: SUB-ZONE 1: Portions of Census Tracts (C.T.) 5.00, 12.00, 13.02, 14.02, 15, 16, 18, 25.02, 31.68, 71.01. More fully described as follows: Beginning at the southeast corner of Main and Goodrich Street; thence easterly along Goodrich Street to Ellicott Street; thence southerly along Ellicott Street to Burton Street; thence easterly on an imaginary line extending from Burton Street to North Oak Street; thence southerly along N. Oak Street to Goodell Street; thence easterly along Goodell Street to Mulberry Street; thence southerly along an imaginary line extending from Mulberry Street (connecting Mulberry Street and Hickory Street) to Cherry Street,*, thence northeasterly along Cherry Street to Jefferson Avenue; thence northerly along Jefferson Avenue to the Kensington Expressway (NYS Rte. 33); thence northeasterly along the Kensington Expressway (NYS Rte. 33) to Carlton Street; thence easterly along Carlton Street to Grey Street; thence southerly along Grey Street to Genesee Street; thence southwesterly along Genesee Street to Jefferson Avenue; thence southerly along Jefferson Avenue to Broadway; thence easterly along Broadway to [a CONRAIL (NY Central) rail line (approximately 501 east of Memorial Drive);] Lathrop Street; thence northerly along Lathrop Street to Walden Avenue, thence easterly along Walden Avenue to Roetzer Avenue; thence northerly along Roetzer Avenue to Genesee Street; thence westerly along Genesee Street to Louisen Street, thence northerly along Louisen Street to Northampton Street; thence westerly along Northampton Street to Kehr Street; thence northerly along Kehr Street to French Street: thence easterly along French Street approximately 900, to a CONRAIL (nee NY Central) rail right-of-way; then southerly along the CONRAIL rail right-of-way along Urban Street to Barthel Street; thence southerly along Barthel Street to Genesee Street: thence westerly along Genesee Street approximately 550' to a CONRAIL rail right-of-way; thence southerly along the CONRAIL (NY Central) rail line to a southwesterly branch; thence southerly and southwesterly along the CONRAIL (NY Central) rail line, also being the southern boundaries of 495 Paderewski Drive (SBL #112.09-1-1.1) and 59 Memorial Drive (SBL #112.13-1-1.2), to William Street; thence westerly along William Street to Fillmore Avenue; thence northerly along Fillmore Avenue to Paderewski Drive; thence westerly along Paderewski Drive to Krettner Street; thence southerly along Krettner Street to Peckham Street; thence easterly along Krettner Street to Smith Street; thence southerly along Smith Street to William Street; thence westerly along William Street to Jefferson Avenue; thence southerly along Jefferson Avenue to Myrtle Avenue; thence westerly along Myrtle Avenue to Hamburg Street; thence southerly along Hamburg Street to Seneca Street; thence easterly along Seneca Street to Smith Street; thence northerly along Smith Street to Fillmore Avenue; thence northerly along Fillmore Avenue to Hardwood Place; thence easterly along Hardwood Place to Dillon Street; thence northerly along Dillon Street to Fillmore Avenue; thence northerly along Fillmore Avenue approximately 1001 to a CONRAIL (Penn Central) rail line; thence easterly along the CONRAIL (Penn Central) rail line approximately 950, to an intersection with a CONRAIL (Erie Lackawanna) rail line; thence southwesterly along the CONRAIL (Erie Lackawanna) rail line to the intersection of Smith Street and an imaginary line extended from Exchange Street; thence westerly along said imaginary line of Exchange Street to VanRensselaer Street; thence southerly along VanRensselaer Street to Perry Street; thence easterly along Perry Street approximately 700, to a CONRAIL (Erie-Lackawanna) rail line; thence southwesterly along said CONRAIL (Erie-Lackawanna) rail line to Fulton Street; thence westerly along Fulton Street to VanRensselaer Street; thence southerly along VanRensselear Street to South Park Avenue; thence westerly along South Park Avenue to Fitzgerald Street, extended; thence southerly along Fitzgerald Street to Mackinaw Street; thence westerly along Mackinaw Street to Katharine Street; thence northerly along Katharine Street to South Park Avenue; thence westerly along South Park Avenue to Red Jacket Street; thence northerly along Red Jacket Street to Fulton Street; thence easterly along Fulton Street approximately 400, to a CONRAIL (NY Central) rail line; thence northwesterly along said CONRAIL (NY Central) rail line to the NYS thruway, Niagara Section (I 190); thence westerly along the NYS Thruway (I-190) to Hamburg Street; thence northerly along Hamburg Street approximately 600, to a CONRAIL (NY Central) rail line; thence westerly along said CONRAIL (NY Central) rail line to Michigan Avenue; thence northerly along Michigan Avenue to E. Tupper Street; thence westerly along E. Tupper Street to Elm Street; thence southerly along Elm Street to Genesee Street; thence westerly along Genesee Street to Oak Street; thence northerly along Oak Street to E. Tupper Street; thence westerly along E. Tupper Street to Main Street; thence northerly along Main Street to Edward Street; thence westerly along Edward Street to Virginia Street; thence southwesterly along Virginia Street to Keep Place; thence northwesterly along Keep Place to West Tupper Street; thence northwesterly along West Tupper Street to Malta Place; thence northwesterly along Malta Place to West Avenue; thence southeasterly along West Avenue to Maryland Street; thence southwesterly along Maryland to Busti Avenue; thence northwesterly along Busti Avenue to Hudson Street; thence northeasterly along Hudson Street to Cottage Street; thence southeasterly along Cottage Street to Virginia Street; thence easterly along Virginia Street to Main Street; thence northerly along Main Street to Goodrich Street and the point of beginning. Excluding the area bounded by Hollister Street, Mortimer Street, West Peckham Street and Spring Street, also known as Willert Park, [and the area bound by Peckham Street, Stanton Street, Paderewski Drive and Krettner Street.] SUB-ZONE 2: Portions of Census Tracts (C.T.) 36.00, 39-01, 39-02 and 42. More fully described as follows: Beginning at a point on E. Amherst Street and the westerly boundary of an abandoned CONRAIL (Erie-Lackawanna) rail R.O.W., approximately 300, east of the intersection of East Amherst Street and Manhattan Avenue; thence easterly along E. Amherst Street to Clarence Avenue; thence southerly along Clarence Avenue to Kensington Avenue; thence southwesterly along Kensington Avenue approximately 300, to the easterly boundary of an abandoned CONRAIL (Erie-Lackawanna) rail R.O.W.; thence southwesterly along the eastern boundary of said CONRAIL (Erie-Lackawanna) rail R.O.W. to E. Delavan Avenue; thence westerly along E. Delavan Avenue approximately [300'] 160' to the easterly boundary of Tax Map parcel No. 90.80-4-2 (aka 1055 Delavan Avenue); thence southeasterly along the easterly boundary of said parcel No. 90.80-4-2 to its southeastern corner; and thence and continuing in a southeasterly direction along the easterly boundary of Tax Map parcel No. 90.80-4-3 (aka 1057 Delavan Avenue) to its southeastern corner; thence westerly along the southern boundary of parcel No. 90.80-4-3 to its southwestern corner and its intersection with [to] an abandoned CONRAIL (Erie-Lackawanna) rail line; thence southerly along said abandoned CONRAIL rail line to an imaginary line extended east and west along Scajaquada Street; thence westerly along Scajaquada Street to Cornwall Avenue; thence northerly along Cornwall Avenue to East Delavan Avenue; thence easterly along E. Delavan Avenue to Norfolk Avenue; thence northerly along Norfolk Avenue to the westerly boundary of an abandoned CONRAIL (Erie-Lackawanna) rail R.O.W.; thence northwesterly along the western boundary of said abandoned CONRAIL (Erie-Lackawanna) rail R.O.W. to E. Amherst Street and the point of beginning. SUB-ZONE 3: Portion of Census Tract 3, Blocks 901 and 902. More fully described as follows: Beginning at a point at the intersection of the southerly shore of the Buffalo River and A CONRAIL (Erie-Lackawanna) rail line east of Bertha Street; thence southwesterly along the CONRAIL (Erie-Lackawanna) rail line and following a westerly branch of said rail line (abandoned) to the southerly shore of the Buffalo River approximately 800' south of South Park Avenue; thence along the southerly shore of the Buffalo River to the CONRAIL (Erie-Lackawanna) rail line and the point of beginning. 3. That the Mayor of the City of Buffalo, the Commissioner of Community Development or any other appropriate officials of the City of Buffalo are hereby authorized to execute any and all documents deemed necessary to effect this resolution. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 169 By: Mr. Helfer Appointment of Sherree Meadows, Esq., to Commission on Human Relations Whereas: The Commission on Human Relations has a vacancy in its University District contingent; and Whereas: The Commission has been meeting consistently to establish new programs and projects; and a fully active Board is essential to the success of the Commission's purpose; and Whereas: Ms Sherree Meadows, Esq., residing at 2626 Main Street, is a Civil Rights Activist, an Attorney in the State of New York, and an Instructor of American Studies at the State University of New York at Buffalo, Ms Meadows will represent not only the residents of University District, but the residents of the City of Buffalo with all necessary skills and expertise needed to carry out the duties of the Commission. Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo hereby appoints Sherree Meadows, Esq., to the Commission on Human Relations. ADOPTED. No. 170 By: Mrs. Lockwood Set Hearing-Hickory Woods Market Rate New Housing Project Approval of Land Disposition Agreement Omega Homes, Inc., Redeveloper Whereas, Omega Homes, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and Whereas, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of a thirty-seven market rate single family homes known as the Walden Heights New Housing Project in the Community Wide Urban Renewal Demonstration Program Area; and Whereas, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 10th day of February 1995. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 21st day of February 1995. ADOPTED. No. 170 By: Mrs. LoTempio Establish False Alarm Control Team (F.A.C.T.) Whereas: False Alarms, also referred to as Avoidable Alarms, are an unintentional or accidental activation of an alarm system when no emergency exists; and Whereas: All avoidable alarms create an unnecessary strain on the emergency response capability of the city and increase the costs of operating the system; and Whereas: The escalating number of home and business alarm and security systems contributes to the increased strain on response capability; and Whereas: Industry statistics state that 76% of avoidable alarms are caused by the subscriber, 14% by the weather, and 10% by the equipment. Further statistics indicate that among alarm system users, 83% rely on the dealer or installer to train them in system operation; and Whereas: A systematic approach to review and reduce avoidable alarms in Buffalo would be beneficial to the city, the security industry, the consumers, and the community at large; and Whereas: One way to address the issue is the establishment of a False Alarm Control Team (FACT) comprised of public safety officials, security company representatives, system users, community representatives, and government representatives; and Whereas: This team will develop an overall strategy, including direct contact and training and education of dealers, consumers, and public safety officers to combat excessive alarms. The goals will be to identify chronic problem alarm systems, reduce unnecessary alarms from the top 50 by 25% in three (3) months, and from the systems at large by 10% in 12 months and by 2 5 % in 24 months; Now, Therefore, Be It Resolved: That the Common Council of the city of Buffalo establish a False Alarm Control Team comprised of the following: Rosemarie LoTempio, Councilmember at Large Barbara Williams, Ellicott District Councilmember Paul Anthon, Buffalo Fire Department Alarm Office Bob Breier, Buffalo Fire Department Alarm Office Captain Patrick Stafford, Buffalo Police Department Paul Reinig, Buffalo Police Department Edward Peace (or designee), Corporation Counsel Donald O. Allen (or designee), Director of Licenses Danny Suchak, Western New York Alarm Association Wally Carriero, Western New York Alarm Association Two (2) representatives of the Block Club Coalition ADOPTED. No. 172 By: Mrs. LoTempio Request Super Market and Department Store Proprietors to Manage and be Accountable for Stray Shopping Carts Whereas: The mega shopping centers that have been built in residential areas over the past decade require the need for hundreds of shopping carts to service their customers; and Whereas: The scores of shopping carts that leave the shopping centers and end up on the streets are potential hazards to pedestrians, the handicapped, and property; and Whereas: The use of cart corrals as a means to control cart congestion has compounded the problem causing serious obstructions for handicapped access to the stores; and Whereas: Most stores lack an effective policy for retrieving carts that are taken from store property, resulting in carts increasingly being found abandoned in residential areas and the city right of way; and Whereas: Store proprietors should be required to develop an effective cart management plan which includes provisions for retrieving carts that leave their property; and Whereas: Store proprietors should also be held accountable and liable for shopping carts obstructing handicapped access to their stores and other hazards to pedestrians and property caused by abandoned carts. Now, Therefore, Be It Resolved: That this Common Council requests the Corporation Counsel to draft an ordinance that will require store owners to : A) Develop a responsible cart management plan that will include retrieving carts from neighboring city streets. B) Require store proprietors to be held accountable and liable for hazards to pedestrians, the handicapped, and property caused by abandoned carts. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 173 By: Mrs. LoTempio Salary Ordinance Amendment 010 - Common Council 003 - Finance Committee Chairman 005 - Majority Leader The Common Council of the City of Buffalo do ordain as follows: That part of Section 1 of Chapter 35 Of the Ordinances of the City of Buffalo, relating to 010 - 003 Common Council, Finance Committee Chairman and 010 - 005 Common Council, Majority Leader, which reads: 003 1 Legislative Aide $25,118 003 1 Legislative Assistant $27,990 005 1 Legislative Aide $25,118 005 1 Legislative Assistant $27,990 is hereby, amended to read 003 2 Legislative Assistant $27,990 005 2 Legislative Assistant $27,990 It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, George K. Arthur, President of the Council and James B. Milroy, Director of the Budget, hereby certify that the elimination of two (2) Legislative Aides and the addition of two (2) Legislative Assistants 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. Approved as to Form Edward Peace Corporation Counsel PASSED. AYES- 13 NOES- 0. No. 174 By: Mrs. LoTempio Explain Awarding of Contracts - Crossroads Arena Whereas: Various documents related to the development and operation of the Crossroads Arena (including the Memorandum of Understanding and the Affirmative Action/Equal Employment Opportunity Hiring Plan) establish guidelines for employment of women and minorities, although no specific guidelines for employing union workers is referenced; and Whereas: Additionally, no specific guidelines are established to award work to local vendors; and Whereas: It has been reported that the plumbing and heating contracts for the construction of the Crossroads Arena have been awarded to JP Bell Corporation, a non- union contractor based in Rochester, New York; and Whereas: Although awarding these contracts to JP Bell is not a violation of guidelines set forth in development agreements, it is still a matter of concern because of the "gentlemen's agreement" to utilize members of the local workforce as much as possible to construct the new arena; and Whereas: While it is understandable that it may be necessary to go beyond Buffalo and Western New York for certain specific highly specialized work, it does not seem that heating and plumbing contracting falls into a specialized category; and Whereas: Given the overall state of the economy of Buffalo and Western New York, a more concentrated effort to hire local firms to work on Crossroads should be made a priority; Now, Therefore, Be It Resolved: That this Common Council request that the Crossroads Arena Corporation (CAC), a subsidiary of the Buffalo Sabres, file a report with this Honorable Body detailing all contracts awarded to date, specifically listing contract amount and vendor (including address), and whether or not the vendor employs union workers; and Be It Further Resolved: That CAC also provide a list of all local vendors who have bid on contracts for Crossroads Arena work; and Be It Finally Resolved: That CAC provide an explanation of its policy regarding the awarding of contracts and its policy on the usage of local and union contractors for Crossroads work. REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE, THE CORPORATION COUNSEL AND THE CROSSROADS ARENA CORPORATION. No. 175 By: Mrs. LoTempio Salary Ordinance Amendment 40 - Department of Public Works 2- Division of Buildings 021 - Administrative Services The Common Council of the City of Buffalo do ordain as follows: That part of Section I of Chapter 35 Of the Ordinance of the City of Buffalo, relating to 40-2-021 Division of Buildings, Administrative Services which reads: 1 Senior Account Clerk Typist $21,610 - $24,282 is hereby amended to read: 1 Account Clerk Typist $21,126 - $23,588 We, Joseph Giambra, Commissioner of Public Works and James B. Milroy, Director of the Budget, hereby certify that the elimination of one (1) Senior Account Clerk Typist and the addition of one (1) 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 position be fixed at the amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above position, containing statements 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 positions. Approved as to Form Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE OF THE WHOLE. No. 176 By: Mrs. LoTempio 71 - Department of Community Development The Common Council of the City of Buffalo do ordain as follows: That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to Department of Community Development, which reads: 711-001 1 Director of Planning $49,254 717-021 1 Director of Development $52,829 is hereby amended to read 711-001 1 Director of Planning $1 717-021 1 Director of Development $1 We, Daniel Bicz, Commissioner of Community and James B. Milroy, Director of the Budget, hereby certify that the foregoing changes are necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the amount set forth in the foregoing ordinance. Approved as to Form Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE OF THE WHOLE. No. 177 By: Mrs. LoTempio Salary Ordinance Amendment Various Departments The Common Council of the City of Buffalo do ordain as follows: That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to Various Departments, which reads: # DEPT/ Func JOB TITLE SALARY RANGE DIV 1 050 - 001 Public Information Officer 26,230 - 30,333 1 050 - 001 Civil Svc Medical Exam PT 23,309 - 26,483 1 050 - 001 Affirmative Action Specialist 25,659 - 29,273 9 204 - 031 Laborer I (Hourly) 9.85 - 11.20 6 204 - 032 Motor Equipment Mechanic 24,405 - 27,486 1 210 - 021 Accountant 27,376 - 31,490 is hereby amended to read DEPT/ Func JOB TITLE SALARY RANGE DIV 0 050 - 001 Public Information Officer 26,230 - 30,333 0 050 - 001 Civil Svc Medical Exam PT 23,309 - 26,483 0 050 - 001 Affirmative Action Specialist 25,659 - 29,273 5 204 - 031 Laborer I (Hourly) 9.85 - 11.20 4 204 - 032 Motor Equipment Mechanic 24,405 - 27,486 0 210 - 021 Accountant 27,376 - 31,490 We, Anthony M. Masiello, Mayor, Pascal Rubino, President of Civil Service Commission, R. Gil Kerlikowske, Commissioner of Police, Cornelius Keane, Commissioner of Fire and James B. Milroy, Director of the Budget, hereby certify that the foregoing changes are necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the amount set forth in the foregoing ordinance. We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, hereby certify that the Position of the City will be subserved by the elimination of the positions set forth in the foregoing ordinance. Approved As To Form Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE OF THE WHOLE. No. 178 By: Mr. Perla Request Authorization to Apply for H.U.D. Special Purpose Grant Whereas, Public Law 103-327, the Appropriations Act of 1995, directed the U. S. Department of Housing and Urban Development to provide funds for 258 designated Special Purpose Grants; and Whereas, the Appropriations Act designates $1,500,000 for renovation of existing public facilities in Buffalo, New York; and Whereas, to be eligible for a Special Purpose Grant, the City must submit the necessary application materials to H.U.D. by February 15, 1995. Now, therefore, be it resolved by the Common Council of the City of Buffalo that: The Mayor of the City of Buffalo be, and hereby is, authorized to submit a Special Purpose Grant Application to the U. S. Department of Housing and Urban Development; and The Mayor of the City of Buffalo be, and hereby is, authorized to enter into and execute project agreements for such financial assistance, upon such terms and conditions prescribed by H.U.D.; and The Mayor of the City of Buffalo be, and hereby is, authorized to execute whatever other documents or take measures which are necessary to effectuate such financial assistance. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 179 By: Mr. Perla Memorialize the New York State Legislature To Alter The Time Of Board of Education Elections Whereas: Article 52, Section 2553, subdivision 10 of the New York Education Law mandates that the election of the members of the Board of Education of the city school district of the City of Buffalo be held on the first Tuesday in May in the appropriate years; and Whereas: The most recent school board election has shown that a very low percentage of voters participated in this election, with approximately 18,747, or 12% of the registered voters in the city casting ballots in the last election; and Whereas: The City of Buffalo, pursuant to section 4-136 of the election law, has to bear with considerable expense of conducting these elections, and in fact was faced with a bill of S 15 7,000 for the May school board elections of 1994 in which the three "at large" members were elected; and Whereas: Because of economic constraints and low voter participation it would be most beneficial to return the school board election process to coincide with the traditional November general election; Now, Therefore, Be It Resolved: That the New York State Senate and Assembly are hereby requested by this Common Council to amend the Education Law so that members of the Buffalo Board of Education will be elected at the general elections held in the City of Buffalo; and Be It Further Resolved; That the City Clerk forward certified copies of this memorialization to the Secretary of the New York Senate, the Clerk of the Assembly, and to the members of the Western New York Delegation of the New York State Legislature. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. No. 180 By: Mr. Pitts Set Hearing Offer Real Property Tax Incentives to Businesses within an Economic Development Zone Whereas, in order for the City of Buffalo to offer real property tax incentives to businesses within an economic development zone which soon may be designated within the City of Buffalo, the City must adopt a Resolution authorizing such tax incentives; and Whereas, such Resolution may only be adopted after a public hearing duly held; Now, Therefore, Be It Resolved, that this Common Council hold a public hearing regarding the adoption of a Resolution enabling the City to offer such real property tax incentives within and economic development zone. ADOPTED. No. 181 By: Mr. Pitts Resolution Authorizing Certain Real Property Tax Incentives for Businesses Within City of Buffalo Economic Development Zones Whereas, pursuant to Chapter 686 of the laws of 1986, the New York State Legislature has authorized the establishment of an economic development zone in the City of Buffalo in order to provide incentives that will promote the development of new businesses and the expansion of existing businesses within economically impoverished areas of the State; and Whereas, the City of Buffalo thereafter enacted Local Law No. 5 (1994) establishing the boundaries of the designated economic development zone within the City of Buffalo; and Whereas, in order to encourage the development of new businesses in economic development zones, the City is authorized pursuant to Section 485-e of the Real Property Tax Law to grant an economic development zone tax exemption from real property taxes collected by the City; and Whereas, by Resolution dated February 24, 1987 the County of Erie has authorized economic development zone tax exemptions for economic development zones located within the County of Erie; and Whereas, such real property tax exemption will encourage the development of new businesses and the expansion of existing businesses in the City, creating new employment opportunities for the chronically unemployed residents of the City; Now, Therefore, Be It Resolved, that pursuant to Section 485-e of the Real Property Tax Law, real property constructed, altered, installed or improved within areas of the City of Buffalo designated as an economic development zone in accordance with Article 18-B of the General Municipal Law, shall be exempt from City real property taxes and special ad valorem levies; and be it further Resolved, that pursuant to Section 485-e of the Real Property Tax Law, for exemptions commencing in the first seven years from the date on which the economic development zone is designated, the amount of such exemption in any such years shall be 100 percent of the "base amount" as defined pursuant to Section 485-e of the General Municipal Law; and be it further Resolved, that in the eighth, ninth and tenth years following the date on which the economic development zone is designated, the amount of exemption shall be 75 percent, 50 percent and 25 percent, respectively, of such base amount; and be it further Resolved, that the Clerk of the City of Buffalo forward certified copies of this resolution to the Mayor, the Commissioner of Finance, the Commissioner of Community Development and the Commissioner of Assessment. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 182 By: Mr. Pitts Explanation of Sunset Provision - Taylor Law Whereas: The "Taylor Law," Civil Service Law, Sections 200-214; Public Employees' Fair Employment Act, established the framework for collective bargaining negotiations between and fair labor practices for public labor organizations and governmental entities; and Whereas: For certain collective bargaining units such as the City of Buffalo's "white collar" and "blue collar" unions, the Taylor Law sets the guidelines for negotiating contracts, declaring impasse if negotiations are not successful, engaging a Fact Finder through the Public Employees Relation Board who issues a report of recommendations, and the imposition of a one year contract by the Common Council based on all the information that has been presented; and Whereas: For the Police and Fire collective bargaining units, the difference is that after an impasse is declared, the matter goes to binding arbitration and the settlement is imposed based on the recommendations of the arbiter and Common Council approval; and Whereas: The Division of Labor Relations is commencing negotiations with the various city labor unions for the 1995-96 fiscal year; and Whereas: The Taylor Law contains a "sunset provision" [Subd. 4 par (d) ] for Section 209 "Resolution of disputes in the course of collective negotiations" which causes Section 209 to expire July 1, 1995. Section 209 relates to impasse; and Whereas: The effects and ramifications of the expiration of Section 209 of the Taylor Law are unclear at this time and need to be explained; Now, Therefore, Be It Resolved: That the Common Council request the Corporation Counsel to provide a full explanation of the "sunset provision" of Section 209 of the Taylor Law and advise this Body on what effects this will have on future contract settlements. REFERRED TO THE SPECIAL COMMITTEE ON TAYLOR LAW IMPASSE AND THE CORPORATION COUNSEL. No. 183 By: Mr. Pitts Proposed Interim Agreement Between the City of Buffalo and NES Communications Company Item No. 135, C.C.P., 7/23/95 Attached is the proposed Interim Agreement between the City of Buffalo and WS Communications Company, Inc. for the operation of a telecommunications system in the City of Buffalo. The Interim Agreement is hereby approved and the Mayor is authorized to execute and deliver the Interim Agreement with such changes as the Corporation Counsel may deem to be advisable, convenient or necessary. PASSED. AYES- 13 NOES- 0. No. 184 By: Messrs. Pitts & Czajka Set Public Hearing Proposed Land Disposition Agreement Portion of Disposition Parcel 11 in the Thruway Industrial Park Phase II - 1.7 Acres Whereas, D & M Refrigeration, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and Whereas, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition Agreement for the disposition of a portion of disposition Parcel #11 in the Thruway Industrial Park Phase II. Whereas, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and Whereas, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2(d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 11th day of February 1995. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 21st day of February 1995. ADOPTED. No. 185 By: Mrs. Williams Appointment of Legislative Assistant Be It Resolved: That Maria Santana, 513 Plymouth Avenue, Buffalo, NY 14213 be appointed as Legislative Assistant to Councilmember Barbara Miller - Williams. This appointment shall become effective January 26, 1995. ADOPTED. No. 186 By: Mrs. Williams Appointment Of Legislative Assistant Be It Resolved: That Stephen R. Peoples, of 93 Maryner Homes, Buffalo, N.Y. 14201 be appointed as Legislative Assistant to Council Member Barbara Williams. This Appointment shall become effective February 7, 1995. ADOPTED. No. 187 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: Lisa A. Becker Barbara J. Bono Carolyn K. Brooks Paul Brunner Alyce D. Cuddy Angeline L. Czarnecki Colleen M. Dannels Linda Davidson Mary Clare Fahey Linda M. Egidi James T. Hemphill Bernhard J. Huber Helene H. Kramer Lynne A. Mellnik Wygenia H. Miles Julienne Otwell Barbara A. Peoples Judy A. Vona Ann Marie Robinson ADOPTED. No. 188 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: Stephen R. Peoples Kevin P. Montgomery Maria Santana David B. Pfaff Justine L. Harris Kevin C. Quick Timothy McDonald Katherine A. Quinn Beatrice Rouse Jacqueline E. Rushton Robert L. Trometer Anne Z. Rusin Phyllis Post Thomas J. Santa Lucia Anthony J. Simonetta Mary Lou Fennie Jason Patronik Robert D. Freeman Melanie Desiderio Jill A. Fowler Jeffrey Jurewicz Patricia A. Girard Irene M. Bojarski Jeffrey J. Lazelle Midia O. Diaz James E. Mayer Charles E. Eaton Lionel B. Mosenchuck John J. Fiorella Patricia L. Plew Charley H. Fisher, III Nancy Schneider Patrick M. Foster Paul Shriver Robert M. Graber Mary Jo Wasch Brian M. Higgins Sylvia A. Zielinski Patricia A. Jaworowicz Laurie A. Manzella ADOPTED. UNFINISHED BUSINESS No. 189 Bond Resolution - $490,000 - Streets/Sidewalks (No. 167, C.C.P., Jan. 24, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mrs. LoTempio. CARRIED. Mr. Pitts now moved approval of the above item. Seconded by Mr. LoTempio. PASSED. AYES- 13 NOES- 0. No. 190 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 Claims Tuesday, Feb 14, 1995 - 9:00 AM Civil Service Tuesday, Feb 14, 1995 following Claims Finance Tuesday, Feb 14, 1995 following Civil Service Legislation Tuesday, Feb 14, 1995 2:00 PM Economic Dev Wednesday, Feb 15, 1995, 10:00 AM Urban Renewal Wednesday, Feb 15, 1995 following Ec. Dev. No. 191 Adjournment On a motion by Mr. Pitts, Seconded by Mr. Perla, the Council adjourned at 2:45 P. M. Charles L. Michaux, III City Clerk Board of Police and Fire Pension Proceedings # 1 Council President's Office-1315 City Hall January 26,1995 Present: George K. Arthur, Council President; R. Michael McNamara, Deputy Comptroller-3 Absent: Anthony M. Masiello, Mayor The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of January 1995 amounting to $29,623.00, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. No. 2 I transmit herewith the Pension Payroll for the Police Pension fund for the month of January 1995 amounting to $29,487.64 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. No. 3 On motion by Mr. Arthur, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 am.