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HomeMy WebLinkAbout95-0418 No. 8 Common Council Proceedings of the City of Buffalo Regular Meeting, April 18, 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. ERIE BASIN MARINA TASK FORCE: James W. Pitts, Chairman, Kevin L. Helfer, Bonnie K. Lockwood, Carl A. Perla, Jr., Comptroller/Designee, Commissioner of Public Works/Designee, President of Slip Renter's Assoc./Designee, Buffalo Sabres/Aud Club. 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, April 18, 1995 at 2:00 P.M. PRESENT- George K. Arthur, President of the Council, and Council Members Bell, Collins, Coppola, Czajka, Franczyk, Helfer, Lockwood, LoTempio, Perla, Pitts, Williams and Zuchlewski- 13. ABSENT- None. On a motion by Mr. Bell, seconded by Mr. Franczyk, the minutes of the stated meeting held on April 4, 1995, and the Special Session held April 6, 1995, were approved. FROM THE MAYOR No. 1 Appointment of Members of the Committee for Persons With Disabilities Pursuant to the powers vested in me by Section 91 of Article VI of the Charter of the City of Buffalo, as amended, I hereby appoint the below listed person as a member of the Mayor's Committee for Persons with Disabilities for a term expiring March 31, 1998: Madonna Priore 48 W. Cleveland Drive Buffalo, New York 14215 In addition, the following individuals are to be appointed for terms expiring March 31, 1996: Cleta Nunn 312 Ideal Buffalo, New York 14206 Kathy Lynch 133 Ashland Avenue Buffalo, New York 14222 I hereby certify that the above listed persons are fully qualified for appointment to the Committee for Persons with Disabilities. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 2 Re-appointment of Members of the Committee for Persons With Disabilities Pursuant to the powers vested in me by Section 91 of Article VI of the Charter of the City of Buffalo, as amended, I hereby reappoint the below listed persons as members of the Committee for Persons With Disabilities for terms expiring March 31, 1998 Nancy Siegel 235 S. Union Road, Apt. 5 Williamsville, New York 14221 Donald Van Auken 442 Orchard Drive Kenmore, New York 14223 James Lembeck 109 Greenwood Place Buffalo, New York 14213 Virginia Williams 85 Thatcher Street Buffalo, New York 14215 Thomas Roetzer 10 Deville Circle Williamsville, New York 14221 Jack Farrell 78 St. Johns Avenue Buffalo, New York 14223 Joseph Schmid 86 Rogers Avenue Buffalo, New York 14211 I hereby certify that the above listed persons are fully qualified for reappointment to the Committee for Persons With Disabilities. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 3 Appointments and Re-appointments of Members to the Broadway Market Board of Directors Please be advise that pursuant to the powers vested in me under the By-Laws between the City of Buffalo and the Broadway Market Management Corporation (BMMC), I hereby appoint and re-appoint the following individuals to the Broadway Market Board of Directors: Joseph D. Petruso 56 Dexter Terrace, Tonawanda, N.Y. 14150 Mr. Petruso is being re-appointed to the Broadway Market Board of Directors for a term expiring December 31, 1996. Joseph D. Paladino 235 Lakefront Blvd., Buffalo, N. Y. 14202 Mr. Paladino is being re-appointed to the Broadway Market Board of Directors for a term expiring December 31, 1996. Philip Lowrey 553 Fillmore Avenue, Buffalo, New York 14212 Mr. Lowrey has served as Executive Director of the Polish Community Center of Buffalo, Inc., and previously as Director of Programming and Planning. He served as Director of Senior Citizens Programs Friendship House, Inc. in Lackawanna, New York from 1973 till 1979 when he was promoted to Deputy Director. Philip A. Lowrey will be filling a vacancy and will serve for a term expiring December 31, 1997. I hereby certify that the above named individuals are fully qualified to serve as members of the Broadway Market Board of Directors. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 4 Appointment of Liaison to the State Liquor Authority As per the communication from the New York State Division of Alcoholic Beverage Control, "NYSAB-Liaison Committee Formation" Item #90 C.C.P. November 1, 1994, I hereby appoint Roosevelt T. Johnson, residing at 782-1/2 Potomac Avenue, Buffalo, New York 14209, as a liaison to the New York State Division of Alcoholic Beverage Control regarding license applications. Roosevelt Johnson has served as Account Executive with the Buffalo & Erie County Private Industry Council, Inc.; a Crime Prevention Specialist with Erie County Sheriffs Department-Project Awareness Program and various positions in radio and television. He is affiliated with numerous community organizations, such as Buffalo Are Chamber of Commerce, past board member of the N.A.A.C.P., past union director of CWA-Local 1162. He has received many outstanding awards from the Mayors of Buffalo, and Erie County Executives. I hereby certify that Roosevelt T. Johnson is fully qualified for appointment as a liaison to the New York State Division of Alcoholic Beverage Control. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE MAYOR. No. 5 Submission of Draft Consolidated Plan for Review and Approval After many months of hard work, intensive citizen participation, and arduous internal policy coordination, I submit to your Honorable Body the draft Consolidated Plan for your review, comment, and approval. HUD requires the City to submit a Consolidated Plan in order to obtain federal funding, but I strongly believe that the stated objectives of the Consolidated Plan initiative -- thoughtful, coordinated planning and prudent investment -- are exactly what Buffalo city government should be doing under any circumstances. The specific goals of safe neighborhoods, jobs for Buffalonians, effective social services, and efficient government have guided the creation of the Consolidated Plan you will receive today. I look forward to working with all of you to evolve the Consolidated Plan regularly to formulate and implement not just the best policy for federally funded activities, but eventually the best policy for all city departments. We owe no less to our constituents, the people of the City of Buffalo. Beginning with the public hearing scheduled for the evening of April 20, 1 hope to work with your honorable body over the coming months to introduce the City's Consolidated Plan to the citizens of our city. We must work to provide more effective means for meaningful citizen input, because productive citizen participation is essential to the success of the Consolidated Plan and central to the restoration of faith in government. HUD mandates your passage of the Consolidated Plan with the Block Grant budget, and my commissioners and I are available to discuss the plan with you to ensure your approval of the same in three weeks time. Take good care. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 6 Uniform Rezoning - Richmond Norwood, Ashland Item No. 181, C.C.P., December 27, 1994 Please be advised that the City Planning Board at its regular meeting held April 11, 1995, tabled the matter referenced above. The Board was informed that three different rezoning strategies have been discussed with residents of the subject area, a representative of the Planning Division and Councilmember Zuchlewski. The strategies are as follow: 1) The blanket rezoning of the area specified above to an R2 zone. 2) The creation of a special overlay review district to consider the conversions of large single and double-family residences into multi-family residences; and 3) The amendment to the zoning ordinance which would place new standards on all newly created or converted multiple dwellings. The Board was further advised that the residents said that they would take the three alternatives back to the community and discuss them. They would then come back to the City with their preferred approach. To date, neither the Councilman nor the Planning Division have been contacted by the residents. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 7 Orazio's Restaurant - Request to Purchase a 10-Foot Strip of Right-of-Way at Hertel and Starin Avenues (1735 Hertel) Item No. 114, C.C.P., March 21, 1995 The City Planning Board at its regular meeting held Tuesday, April 11, 1995, considered the above request pursuant to section 317.1 of the City Charter. The Board voted to deny the request captioned above on the grounds that it did not feel that the abandonment and sale of public right-of-way is justified for the purpose of expanding a restaurant. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BUFFALO ARTS COMMISSION No. 8 1995-1996 Arts and Cultural Funding Recommendations The Buffalo Arts Commission herewith submits the 1995-1996 Arts and Cultural Funding Recommendations to your Honorable Body. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMPTROLLER No. 9 Certificate of Necessity Increased Appropriation City Revenue Audit and Control - Division of Collections 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 $100,000 in the estimates for the fiscal year beginning July 1, 1994 is necessary in Appropriation Allotments - Department of Audit and Control - Division of Collections, 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 $100,000 in the General Fund City Revenue account 100-044-402000-30020 Charge for Collection Service not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Dated: Buffalo, NY, March 31, 1995 REFERRED TO THE COMMITTEE ON FINANCE. No. 10 Certificate of Necessity Increased Appropriation Reserve for Capital Appropriations Department of Inspections and Community Revitalization 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 $100,000 in the estimates for the fiscal year beginning July 1, 1994 is necessary in Appropriation Allotments - Department of Inspections and Community Revitalization - Division of Housing and Property Inspections to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 100-890-050 - Reserve for Capital Appropriations not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Dated: Buffalo, NY, April 5, 1995 REFERRED TO THE COMMITTEE ON FINANCE. No. 11 Certificate of Necessity Increased Appropriation County Revenue - Erie County Sales Tax Streets, Engineering & Comptroller 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 $1,274,715 in the estimates for the fiscal year beginning July 1, 1994 is necessary in Appropriation Allotments - Department of Street Sanitation, Department of Public Works - Division of Engineering and Department of Audit and Control - Comptroller, to meet contingencies which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase of $1,274,715 in the General Fund County Revenue account 100-405-88920 Erie County Sales Tax not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Dated: Buffalo, NY, April 13, 1995 REFERRED TO THE COMMITTEE ON FINANCE. No. 12 Certificate of Necessity Increased Appropriation Board of Education - Unreserved Fund Balance Board of Education - O & M Appropriations 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 $31,182,995.06 in the estimates for the fiscal year beginning July 1, 1994 is necessary in Appropriation Allotments - Board of Education 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 the Board of Education - Unreserved Fund Balance not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Dated: Buffalo, NY, April 13, 1995 REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. No. 13 Certificate of Necessity Transfer of Funds Common Council - City Clerk Common Council - City Clerk - Exempt Items We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $10,000 be transferred and reappropriated from the Common Council - City Clerk - Non Professional Personal Services Account, as set forth below: The amount to be transferred represents an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, April 13, 1995 RECEIVED AND FILED. No. 14 Interfund Loans Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have three requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve interfund cash loans from the General Fund to the City's Capital Projects Fund in the amount of $2,415,000 for Reconstruction of Exchange Street - Phase 1, $90,000 for Improvements to Various Schools and $300,000 for Boiler Replacement - School #19. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 200 Cap Proj 200-717-013 BAN/Bond Sale $2,415,000 100 Gen 299 Cap Proj 299-970-004 BAN/Bond Sale $ 90,000 100 Gen 299 Cap Proj 299-970-097 BAN/Bond Sale $ 300,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 15 Permission to Negotiate 252 Watson 330' S Peckham Vacant Lot Size: 30' x 107' Assessed Valuation: $1,700 The Office of the Comptroller, Division of Real Estate, has received a request from Ms. Barbara Epps of 254 Watson Street, Buffalo, New York 14206 to purchase the above captioned City-owned property. Ms. Epps would like to purchase this property in order to landscape and make a concrete parking isle for off-street parking. The Department of Community Development and the Department of Inspections and Community Revitalization were contacted and they have no objection to this sale. There are no taxes, demolition liens or other outstanding debts owing to the City of Buffalo by the purchaser. This office, therefore, is requesting that we be permitted to negotiate a private sale with Ms. Barbara Epps of 254 Watson Street, Buffalo, New York for the above mentioned property and will report back to Your Honorable Body with the results of negotiations. REFERRED TO THE COMMITTEE ON FINANCE. No. 16 Result of Negotiations 649 Michigan 379 N Sycamore Vacant Lot: 31' x 186' Assessed Valuation: $1,800 Item #24, C.C.P. 6/28/94 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. James Gates, 647 Michigan Avenue, Buffalo, New York, to purchase the above captioned property. Mr. Gates intends to purchase this property and expand his yard area. An independent appraisal of the property was conducted by Mr. Robert E. Jones, Appraiser, 1325 Kensington Avenue, Buffalo, New York 14215. He has estimated the value of the property to be Six Hundred Dollars ($600). This represents approximately Twenty Dollars ($20.00) per front foot for the subject property. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. James Gates has agreed and is prepared to pay Six Hundred Dollars ($600.00) for the subject property. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the offer of Mr. James Gates in the amount of Six Hundred Dollars ($600). 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. Mr. Pitts moved: That the communication from the Comptroller, dated April 13, 1995, be received and filed; and That the offer of Mr. James Gates, 647 Michigan Avenue, in the sum of $600.00 (Six Hundred Dollars) to purchase the property described as 649 Michigan Avenue, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. PASSED. AYES- 13 NOES- 0. No. 17 Result of Negotiations 14 Pink, 125' E Lord Vacant Lot: 25' x 100' Assessed Valuation: $1,400 Item No. 17, C.C.P. 2/7/95 In the above referenced Item Your Honorable Body authorized the office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. & Mrs. George Workman of 16 Pink Street, Buffalo, New York 14206, to purchase the above City-owned property in order to expand their yard area. An independent appraisal of the property was conducted by Mr. Thomas Tighe, R.W. Bronstein Appraisers, 3666 Main Street, Buffalo, New York 14226. He has estimated the fair market value of the property to be Five Hundred Dollars ($500.00). This represents approximately Twenty Cents (.20) a square foot. The Division of Real Estate has investigated the sales of similar properties in the area, sale prices range from Twenty-Six Cents (.26) a square foot to Twenty-Eight Cents (.28) a square foot. It should be noted that this lot was previously slated for new housing construction. The contractor, while excavating for the foundation, determined that the unstable subsurface soil conditions make the property unsuitable for new housing development. This has been verified by the Department of Inspections and Community Revitalization. The appraiser was not aware of the subsurface soil conditions at the time of the appraisal. The results of our negotiations are that Mr. & Mrs. Workman have agreed and are prepared to pay Three and Fifty Hundred Dollars ($350.00) for the subject property. The Workman's are aware of the subsurface soil problems. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. The Division of Real Estate agrees with the Three Hundred and Fifty Dollar ($350.00) offer since the utility of the property is limited due to the subsurface soil problems. I am recommending that Your Honorable Body approve the sale of 14 Pink Street to Mr. & Mrs. George Workman in the amount of Three Hundred and Fifty Dollars ($350.00). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 18 Bflo. Historical Society Catering Agreement Item #78, C.C.P., April 4, 1995 A review of the above mentioned item addresses the Historical Society's intent to fund improvements to the electrical and sewage system at its building located at 25 Nottingham Court as part of a long range plan to make the facility more attractive for rentals for a wide range of activities. The above item also mentions that the Historical Society and not the City of Buffalo will incur the costs of any improvements. Since the City does not own the building, it is within the purview of the Historical Society to fund improvements to the building provided all appropriate codes and conditions are adhered to. Enclosed is a copy of an opinion rendered by Hawkins, Delafield & Wood, the City's bond counsel, regarding capital improvements to the Buffalo and Erie County Historical Society's building. REFERRED TO THE COMMITTEE ON FINANCE. No. 19 Response Orazio's Restaurant Purchase 101 Strip Hertel/Starin Item No. 114, C.C.P. 3/21/95 The above referenced item was referred to the Committee on Finance and to this office for a response. The item is a request from Kenneth L. Cooper, Attorney, representing the owner of 1735 Hertel Avenue. They are requesting to purchase 10' of the City right-of-way in front of the building which house Orazio's Italian Restaurant and 101 of property running along the side the building along Hertel Avenue. The purpose of their request is to extend their Solarium, which is now on Starin, out an additional 10' on to Starin and 101 on to Hertel. Article 27, Section 513 of the City Charter states the Common Council may by 2/3 vote of all the members elected thereto authorize the sale of real property acquired by the City for public use, which has not been appropriated thereto, or the use of which for such purpose has been abandoned. Section 514 states that the Common Council may by Resolution provide that the interest of the City in any such abandonment or unappropriated real property be appraised in the manner prescribed by General Law. Should Your Honorable Body approve the abandonment of the City right-of-way requested by Mr. Cooper, this office will assist Mr. Cooper and the owner of 1735 Hertel Avenue in acquiring property in accordance with Sections 513 & 514 of the City Charter. Since this is an abandonment and sale of City property the item is referable to the City Planning Board in accordance with Article 17, Section 317.1 of the City Charter. The item should also be referred to the Dept. of Public Works for review and recommendation. REFERRED TO THE COMMITTEE ON FINANCE. No. 20 Response Marco's Restaurant Purchase 81 Strip on Fargo Item No. 92, C.C.P. 4/4/95 The above referenced item was referred to the Committee on Finance and to this office for a response. The item is a request from William N. Naples, Attorney, representing the owner of 1085 Niagara Street. They are requesting to purchase 81 of the City right-of-way along their building on Fargo Avenue, which houses Marco's Restaurant. The purpose of their request is to extend their existing dining room onto the present outdoor patio for which they now have a permit from the City. In order for them to have flexibility with regard to any expansion, they are desirous of purchasing this 81 strip along Fargo Avenue. Article 27, Section 513 of the City Charter states, the Common Council may by 2/3 vote of all the members elected thereto authorize the sale of real property acquired by the City for public use, which has not been appropriated thereto, or the use of which for such purpose has been abandoned. Section 514 states that the Common Council may by Resolution provide that the interest of the City in any such abandonment or unappropriated real property be appraised in the manner prescribed by General Law. Should Your Honorable Body approve the abandonment of the City right-of-way requested by Mr. Naples, this office will assist Mr. Naples and the owner of 1085 Niagara Street in acquiring property in accordance with Sections 513 & 514 of the City Charter. Since this is an abandonment and sale of City property the item is referable to the City Planning Board in accordance with Article 17, Section 317.1 of the City Charter. The item should also be referred to the Dept. of Public Works for review and recommendation. REFERRED TO THE COMMITTEE ON FINANCE. No. 21 Certificate of Appointment Appointment effective April 13, 1995 in the Department of Audit and Control, Division of Accounting, David W. Pratt, 185 Norwood Avenue, Buffalo NY 14222 to the Position of Senior Accountant, Permanent, at the Intermediate Starting Salary of $31,649. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ASSESSMENT No. 22 Report Results of Assessment Grievances Item No. 194, C.C.P. 03/21/95 The Board of Assessment Review adjudicated a total of 2,413 assessment complaints. The Board did not grant reductions to 429 complainants. The Board did grant reductions to 1453 homestead complaints and 531 non-homestead complainants. The 1453 homestead assessment complaints resulted in a reduction of $23,245,780 in taxable assessed value; and 531 non-homestead assessment complaints resulted in a reduction of $43,167,900 in taxable assessed value. REFERRED TO THE COMMITTEE ON FINANCE. No. 23 Liquor License Requests Item No. 69, C.C.P. 04/04/95 We reviewed our tax files to determine if the individuals and/or corporations applying for a liquor license owe real property tax, sewer rent, local assessment and occupancy tax. ]?lease be advised of the following: 1) The property assessed an 397 Babcock and assessed to Paul J. Feger, 177 Tremont, Kenmore, New York shows the following City taxes and sewer rents unpaid: 397 Babcock - City Taxes and Sewer Rent 1993-94 $1517.65 1994-95 1186.28 Mr. Feger also owns the following properties that have outstanding City taxes and sewer rents: 86 French - City Taxes and Sewer Rent 1993-94 $ 270.88 1994-95 514.44 152 Good - City Taxes and Sewer Rent 1993-94 $1,299.16 1994-95 1,160.68 157 Good - City Taxes and Sewer Rent 1993-94 $1,490.63 1994-95 1,331.59 170 Grey - City Taxes and Sewer Rent 1993-94 $ 339.28 1994-95 303.93 273 Lemon - City Taxes and Sewer Rent 1993-94 $ 180.50 1994-95 162.19 207 Lockwood - City Taxes and Sewer Rent 1993-94 $1,514.01 1994-95 1,352.43 50 Red Jacket Parkway - City Taxes and Sewer Rent 1993-94 $1,469.62 1994-95 1,312.85 2011 South Park - City Taxes and Sewer Rent 1993-94 $ 236.65 1994-95 198.89 2015 South Park - City Taxes and Sewer Rent 1993-94 $2,727.60 1994-95 2,275.07 2017 South Park - City Taxes and Sewer Rent 1993-94 $ 253.43 1994-95 212.90 194 Southside - City Taxes and Sewer Rent 1993-94 $1,485.96 1994-95 1,327.44 38 Wilson - City Taxes and Sewer Rent 1993-94 $ 327.64 1994-95 293.49 (Interest computed as of 4/30/95 for above parcels. A Division of Collections fee of $10.00 has been added to above parcels as applicable.) The occupancy taxes are paid on above parcels. We do not show a local assessment or ownership in the City of Buffalo under the applicant's name of James Goodfellow, Jr. or the business name of Goody's Place. 2) 140 North Street is assessed to Robert L. Freudenheim, 140 North Street, Buffalo, New York. Our records show that the following taxes remain unpaid: 1989-90 City Taxes and Sewer Rent $82,859.37 1990-91 " " 67,112.69 1991-92 City Taxes 33,611.03 1992-93 City Taxes and Sewer Rent 42,088.51 1993-94 " " 60,626.36 1994-95 " " 50,532.52 Mr. Freudenheim also owns the following properties that have outstanding City taxes and Sewer rents: 150 North - City Taxes and Sewer Rent 1989-90 $1,019.09 1990-91 1,039.73 1992-93 652.04 1993-94 1,704.57 1994-95 1,422.39 75 Irving - City Taxes and Sewer Rent 1989-90 $2,049.58 1990-91 2,091.08 1992-93 1,311.40 1993-94 2,937.48 1994-95 2,449.98 35 Wadsworth - City Taxes and Sewer Rent 1994-95 $535.29 7 Wadsworth - Second-Half City Tax 1994-95 $1,072.57 106 College - Second-Half City Tax 1994-95 $1,527.06 (A Division of Collections fee of $10.00 has been added to above parcels an applicable. Interest computed to 4/30/95 on the above listed parcels. This interest may be subject to an adjustment due to Bankruptcy proceedings.) Per the Collections Division, the owner filed a Chapter 11 Bankruptcy on 7/11/91 for the above listed parcels. Mr. Freudenheim also owns 1 Penhurst with all taxes showing paid. We do not show any local assessments and the occupancy tax is paid on all the above. The applicant, David D. Salisbury, 217 Marrano Parkway, Cheektowaga, New York owns property assessed as 58 Hennepin in the City of Buffalo. Our records show that the City taxes, sewer rent and occupancy tax are paid. We do not show any local assessments or ownership in the City of Buffalo under the business name of North Street Cafe. REFERRED TO THE COMMITTEE ON FINANCE. No. 24 D. Rissel - City Tax Formula Item No. 116, C.C.P. 03/07/95 In response to Ms. Rissel's inquiry regarding formula for calculating County tax, allow me to share with you the apportionment of values as prepared by the Commissioner of Finance for the County of Erie. Let me also bring to your attention Column D (Equalization Rate). This rate would be used to adjust the assessed value of our community with or without a Revaluation occurring. Should you have any further questions concerning the County taxing formula, you can call County of Erie Department of Finance at 858-8323 or write, Commissioner of Finance, Erie County Rath Building, Buffalo, New York 14202. Regarding Ms. Rissel's concerns of whether her property values are correct, she can have a review of her assessment before the Board of Assessment Review by coming to Room 101 City Hall and filling out a complaint form during the month of December. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 25 Notification Serial #8503 Repeal No Turns on Red Grant Street at Piper Street NO TURNS ON RED - REPEAL In conformity with Section 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 (45) days after the first Council meeting at which they appear on the agenda as an item business. That that part of the Subdivision I of Section 38 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: Turns Prohibited Facing Steady Red Signal Vehicles on at Intersection of Grant Street Piper Street traveling southbound North Side This action is being taken to update our records as Piper Street no longer exists. This is now the entrance to Tops Supermarket. Notification Serial #8504 Install Stop Signs In Hartman Place at Grace Street STOP SIGNS - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section II of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Hartman Place Grace Street This serial is being submitted to correct an omission in record keeping and to provide accuracy with current field conditions. These signs were installed when the street was originally constructed and are necessary for traffic control purposes, however our office records were never properly updated this serial will do this. RECEIVED AND FILED. No. 26 SEQR Negative Declaration Proposed Firehouse Elmwood/Virginia Sts. A Negative Declaration for the above referenced project is hereby filed with Your Honorable Body in accordance with Section 617.1 0 (a) of the New York State Environmental Quality Review Act. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 27 Extension of Composting Contract Item #18, C.C.P., Nov. 29, 1994 As requested at the Special Finance Committee of April 3, 1995, attached is a proposal from Parker Bay Consultants to provide curbside collections on a demonstration basis. Further discussions will be required before such a plan can be implemented. The involvement of the Streets and Sanitation Department will be essential. It will also be necessary to consult with the Corporation Counsel and Labor Relations to determine possible impacts on the existing Labor agreements. Should the Council authorize an extension of the contract, I will seek the input mentioned above and begin negotiations with Parker Bay. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF STREET SANITATION AND THE CORPORATION COUNSEL. No. 28 Orazio Restaurant Purchase of 10 ft. Strip Hertel/Starin Item No. 114, C.C.P. 03/21/95 Pursuant to the request of Your Honorable Body the Department of Public Works has reviewed the above captioned item and herein submits the following report: Historically, the Department of Public Works objects to the "spot" contraction of the right-of-way of any and all public streets. These public street right-of-ways are reserved not only for the passage of pedestrians and vehicles, but also to accommodate underground water mains, storm sewers, gas mains, electrical conduits, street lighting conduits, traffic signal conduits, telephone ducts, cable television conduits and other underground utilities. In the case in point, namely the contraction of Hertel Avenue and Starin Avenue for the purpose of expanding an existing restaurant, I, as Commissioner of Public Works must register my strongest recommendation that Your Honorable Body reject the request. Both streets are major streets. In addition, Hertel Avenue, from Niagara Street to Main Street is designated as a "MAJOR THOROUGHFARE" under Sec. 55, Chapter IV of the City Ordinance. It is the opinion of the Department of Public Works that the present 100 foot wide public right-of-way of Hertel Avenue and Starin Avenue is the absolute minimum' acceptable width for a major street. REFERRED TO THE COMMITTEE ON FINANCE. No. 29 Liquor License Applications Item No. 69, C.C.P. 4/4/95 In response to Item #69, C.C.P. 4/4/95, applications for Restaurant, Music and Coin Controlled Amusement Devices were mailed to James R. Goodfellow of 397 Babcock Street. An application for a Restaurant was received from David D. Salisbury, 140 North Street. REFERRED TO THE COMMITTEE ON FINANCE. No. 30 Report of Bids Solid Waste Disposal Transfer & Haul Base Bid A Base Bid B Factor Totals A/B Modern Landfill, Inc. Model City, NY 27.50 /Ton 27.00/Ton 14.15/Ton 41.65/41.15 American Ref-Fuel Niagara Falls, NY 30.00/Ton 36.12/Ton 13.15/Ton 43.15/49.27 C.I.D. Landfill, Inc. Chaffee, NY 35.41/Ton 37.05/Ton 14.15/Ton 49.56/51.20 Seneca Meadows, Inc. Waterloo, NY 25.60/Ton 30.60/Ton 31.15/Ton 56.75/61.75 Waste Management of N.Y, Inc. West Sunbury, PA. 17.00/Ton 19.00/Ton 41.15/Ton 58.15/60.15 American Landfill, Inc. Wayneburg, OH. 22.50/Ton 24.90/Ton 51.15/Ton 73.65/76.05 Base Bid A is the price per ton for a three (3) year contract with the potential for a negotiated five (5) year renewal. Base Bid B is the price per ton for a five (5) year contract with the potential for a negotiated five (5) year renewal. The transportation factor is the additional expense that the City would incur in order to transport the waste from our East Side Transfer Station to these sites. These transportation numbers were given to us by our current hauler. Our current contract with C.I.D. to operate the transfer facility and transport the waste is at $13.15 ($4.15 to transfer the waste and $9.00 to haul to American Ref-Fuel). The current disposal rate at American Ref-Fuel is $35.07/Ton. I hereby certify that the foregoing is a true and correct statement of all bids received and that Modern Landfill, Inc. in the amount of $27.00 per ton, Base Bid B, is the lowest responsible bidder in accordance with the contract documents. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work will be in the 1995/96 Division of Buildings. budget 100-402-021-00-574. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMPTROLLER. No. 31 Change in Contract Michigan Ave. Lift Bridge Mechanical Inspection Contract Item #114, CCP, 2/21/95 I hereby request permission of your Honorable Body to authorize the Commissioner of Public works to issue a Change order in an amount not to exceed $50,000.00 to industrial Repair and machine Service, the contractor performing the mechanical inspection on the Michigan Ave. Lift Bridge. This change in contract would entail making repairs to mechanical portions of the bridge that were found to be in need of repair while performing the mechanical inspection Contract. The work anticipated would be work that would have been scheduled to be performed in the main Rehabilitation contract to be let in the fall of 1995. This work would actually amount to a savings to the city due to the fact that the Mechanical Contractor working at this time is mobilized and could perform the work while portions of the mechanical parts are disassembled. This work then would then be eliminated from the main rehabilitation contract in the fall. Contract Summary Original Contract Amount $153,100.20 Proposed Change order $ 50,000.00 New Contract Amount $203,100.20 Therefore I respectfully request your Honorable Body allow the Commissioner of Public works issue this change in contract to industrial Repair and machine Service in an amount not to exceed $50,000.00. I will report the work to be performed and final cost to the council when the exact work is identified. Funds for this additional work are available in the Division of Engineering Bond Fund #200-401-024. Mr. Pitts moved: That the communication from the Department of Public Works, dated April 13, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order to Industrial Repair and Machine Service, changes resulting in a net increase in the amount not to exceed $50,000.00, as more fully described in the above communication, for repairs to the Michigan Avenue Lift Bridge. Funds to be charged to the Division of Engineering Bond Fund #200-401-024, subject to the filing of the exact amount with the Common Council once available. PASSED. AYES- 13 NOES- 0. No. 32 Reserve City Owned Lands for Reconstruction of Seneca Bridge Over The Buffalo River The State of New York, Department of Transportation will be reconstructing the Seneca Street Bridge over The Buffalo River (BIN #2-01193-0). In connection with this project, the New York State Department of Transportation has identified four (4) parcels of City owned land that must be reserved and set aside for the bridge reconstruction. I am, therefore, respectfully requesting that Your Honorable Body reserve those parcels identified as parcels 1, 2, 3 and 4 of N.Y. ROUTE 16, SENECA STREET, BIN 2-01193-0, OVER BUFFALO RIVER, CITY OF BUFFALO, COUNTY OF ERIE, PIN 5576.61.121 for bridge and street purposes, and that said parcels be included in the Official Street Records of the City of Buffalo and to be filed under the heading of SENECA STREET BRIDGE (over Buffalo River). I am also requesting that Your Honorable Body direct the Division of Real Estate to note in their index of City owned properties that the above identified parcels have been permanently reserved for street and bridge purposes. Mr. Pitts moved: That the Division of Real Estate be and hereby is directed to note in the Index of City owned properties that the parcels identified in the above communication be reserved for street and bridge purposes. PASSED. AYES- 13 NOES- 0. No. 33 Newsstand Delaware and Hertel Avenues Item No. 174, CCP, 2/21/95 A newsstand license was issued by the Division of Licenses, Room 113 City Hall, on October 12, 1994, to applicant David Pfister, apparently acting as agent for business owner, Joseph Molliser, 71 Tarkington Court, Tonawanda, New York, 14150. Said license was issued at a cost of $63.00 per year and is valid through October 31, 1995. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 34 Waive Ordinance To Allow Building Along Seward Street Item No. 164, C.C.P. 02/07/95) This is in addition to my report to Your Honorable Body of February 14, 1995 concerning the proposal to exempt properties along Seward Street from the requirements contained in the Flood Damage Prevention Ordinance. I have since received a letter from Rebecca J. Anderson, Environmental Program Specialist for the New York State Department of Environmental Conservation, warning that if the City of Buffalo "exempts" certain areas from the requirements of the Flood Damage Prevention Ordinance, the City will be declared to be in non-compliance and will be immediately suspended from the National Flood Insurance Program, without a probationary period. This would result in a surcharge of fifty dollars ($50.00) being added to the annual premium for all Federally subsidized flood insurance. I have attached a copy of Ms. Anderson's letter to this correspondence for your review. I must again state the opinion of the Department of Public Works, which is, that the proposed variance contained in Item 164, C.C.P. of February 7, 1995 (Waive Ordinance to allow building along Seward Street), would be a violation of the City Ordinance, and the Federal and State regulations and must be rejected. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, COMMUNITY DEVELOPMENT AND DEPARTMENT OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 35 1234 Hertel Avenue Requests Permission to Install Sidewalk Cafe Mr. Jeffrey Miller, owner of Varco's Italian Specialties, located at 1234 Hertel Avenue, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The proposed cafe would measure fifteen feet (151) in length and project fifteen feet (151) from the building face into City right-of-way. The Department of Public Works has reviewed Mr. Miller's application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for installation of said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed fifteen feet (15') in length or extend more than fifteen feet (151) from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of two dollars per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. Mr. Pitts moved: That the communication from the Department of Public Works, dated April 10, 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. Jeffrey Miller, owner of Varco's Italian Specialties, located at 1234 Hertel Avenue, to install a sidewalk cafe which would encroach City right-of-way at said address, with conditions as listed in the above communication. PASSED. AYES- 13 NOES- 0. No. 36 1067 Broadway; Awning within Right-of-Way Mr. Paul Strada, of N.A.S. Quick Sign, acting as agent for Mr. Wong, owner of the Golden Lion Restaurant, located at 1067 Broadway, has requested permission to install an awning which would encroach City right-of-way at said address. The proposed awning would measure 33.3 feet in overall length, approximately 4 feet in height and project 2.2 feet from the building face into City right-of-way. The Department of Public Works has reviewed Mr. Strada's application pursuant to Chapter 413-56 (awnings, canopies and marquees) 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 awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all lose and damage arising out of the construction, maintenance, use and removal of said awning. Mr. Pitts moved: That the communication from the Department of Public Works, dated April 11, 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. Paul Strada, of N.A.S. Quick Sign, acting as agent for Mr. Wong, owner of the Golden Lion Restaurant, located at 1067 Broadway, to install an awning which would encroach City right-of-way at said address, with conditions as listed in the above communication. PASSED. AYES- 13 NOES- 0. No. 37 Certificate of Appointment Appointment effective April 10, 1995 in the Department of Public Works Division of Water, James A. Berebko, 54 S. Crossman, Buffalo 14211 to the Position of Chief Water Service Inspector, Provisional, at the Intermediate Starting Salary of $29,911. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 38 Certificate of Appointment Appointment effective April 13, 1995 in the Department of Public Works Division of Water, Marilyn Cumming, 64 Rejtan Street, Buffalo, 14206 to the Position of Senior Rate Clerk, Temporary, at the Intermediate Starting Salary of $24,407. REFERRED TO THE COMMITTEE CIVIL SERVICE. FROM THE COMMISSIONER OF PARKS No. 39 Information Delaware Park Ring Road and New Jogging Path We have been advised that questions have arisen regarding Ring Road and the new jogging path. Damage to Curbing along Ring Road. Since the damage occurred in the area between Jewett and Colvin, we assume that Parks snow removal crews were responsible, since prevailing winds cause huge drifts in that particular area of the Park. Park crews have picked up and stored smaller sections of curbing for future remedial work. Please refer to Dept. of Community Development in reference to funding the remedial work. This work is beyond the scope of Parks Dept. expertise. New Jogging Path Questions regarding the unfinished condition of the path should be referred to Community Development. The Parks Department has prepared an information sheet that is included with this response which outlines the selection of the surface, the natural settling process involved, etc. which may prove to be beneficial to the Council. Other user inquiries should be directed to the Parks Dept. at 851-5806. REFERRED TO THE COMMITTEE ON FINANCE. No. 40 James Mgmt.-Acq./Demo. 104 Glenwood Item #83/ C.C.P. April 4, 1995 The Parks Department has made a survey to determine the need for street trees along Glenwood Avenue and Emerson Place between Michigan and Masten Avenues. There is room for 20 Emerald Queen Norway Maples on Emerson Place and 10 Greenspire Lindens on Glenwood Avenues. Using current tree planting prices, the cost for these 30 trees is approximately $3500. After the housing is completed and the streets are paved, we will include these trees under a planting contract, providing funds are made available. The cost of the project will be applied to the Masten District's allocation for trees under the city-wide tree planting program. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 41 Certificate of Appointment Appointment effective April 03,1995 in the Department of Parks Anthony Greco, 47 LaForce Place, Buffalo 14207 to the Position of Park Utility Worker, Permanent at the Intermediate Starting Salary of $23,542. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 42 Checks Received Item No. 104, C.C.P. 2/2/88 Per C.C.P. No. 104 of February 2, 1988, hereto, please find copies of the following checks 8155-00099025 $ 3485.00 The above referenced property has been administratively forfeited by the Drug Enforcement Administration (DEA). The check was received by this Department and duly deposited in Trust & Agency Account 630-271-00-000. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, AND THE CORPORATION COUNSEL. No. 43 Checks Received Item No. 104, C.C.P. 2/2/88 Per C.C.P. No. 104 of February 2, 1988, hereto, please find copies of the following checks 8155-00099673 $5301.60 8155-00099667 2386.80 8155-00099670 1867.96 8155-00099697 3037.00 8155-00099461 5347.20 Total $17,940.56 The above referenced property has been administratively forfeited by the Drug Enforcement Administration (DEA). These checks were received by this Department and duly deposited in Trust & Agency Account 630-271-00-000. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, AND THE CORPORATION COUNSEL. No. 44 Checks Received Item No. 104, C.C.P. 2/2/88 Per C.C.P. No. 104 of February 2, 1988, hereto, please find copies of the following checks: 8155-00099092 $7170.00 8155-00099344 $1304.40 8155-00099207 $1800.00 8155-00099206 $3103.20 8155-00099082 $4765.98 8155-00099078 $2100.60 8155-00099086 $2141.40 8155-00099077 $2489.40 Total $24,874.98 The above referenced property has been administratively forfeited by the Drug Enforcement Administration. (DEA). These checks were received by this Department and duly deposited in Trust & Agency Account 630-271-00-000. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 45 Checks Received Item No. 104, C.C.P. 2/2/88 Per C.C.P. No. 104 of February 2, 1988, hereto, please find copies of the following checks 8155-00098563 $2582.22 8155-00098982 $2440.00 8155-00098994 $3086.40 8155-00099018 $1784.20 8155-00098674 $2440.29 8155-00098825 $6740.40 8155-00098816 $1425.30 8155-00098665 $2442.60 8155-00098349 $ 308.74 8155-00098456 $1959.03 8155-00098552 $1310.40 8155-00098546 $4493.40 8155-00098549 $2252.90 8155-00098550 $3159.00 8155-00098464 $11857.60 8155-00098457 $1542.72 TOTAL $49,825.20 The above referenced property has been administratively forfeited by the Drug Enforcement Administration. (DEA) These checks were received by this Department and duly deposited in trust & Agency Account 630-271-00-000. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, AND THE CORPORATION COUNSEL. No. 46 Report on Drug Testing Item No. 206, CCP, 4/4/95 Drug testing has not started in the BPD. Several steps are required before this can begin, they include; the selection of a Medical Review Officer (MRO) , an Employee Assistance Program (EAP) selection of a collection site and a testing laboratory. A MRO has been mutually selected by the PBA and BPD. A contract is being entered into between the City and the County of Erie for EAP services. Lastly, the Request for Proposal for health care services includes a site for specimen collection for drug testing. I understand that all proposals have been received by the City and a decision for health care will be made shortly. This includes a NIDA approved laboratory service as part of the health care proposal. Once this decision is made, testing can begin. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 47 Report of Audit-Wage Assignment/Subrogation During this administration (January, 1994) the Police Department has not approved a request for police officers injured in an off-duty accident to continue to receive full wages and benefits beyond their allotted sick leave. Should a request of this nature be submitted, it will not be approved. REFERRED TO THE COMMITTEE ON FINANCE. No. 48 Payroll Abuse Item No. 10, CCP, 4/4/95 The department has concluded an internal investigation concerning the submission of overtime approval and recordation forms at Precinct 6. The not results of the investigation did sustain any conduct other than the failure to complete necessary forms in a timely manner. Therefore, a penalty of four (4) suspension days without pay was imposed. This disciplinary action clearly indicates the department's willingness to take action against an employee. The final action is also fair to the employee and the City of Buffalo. The amount involved is partially recovered and the cost to the City of an arbitrator and transcript along with the preparation time necessary from our department, the Law Department and Labor Relations clearly would cost more than any additional penalty. This incident did bring to our attention a very serious and basic mistake in the automated payroll system administered by you. That is that the timekeeper is allowed to enter his or her own pay. Although it is reviewed by a supervisor, a check of other local governments, i.e., Rochester, reveals specific rules against the timekeeper entering this information for themselves. My experience fifteen years ago with automated payroll in the City of St. Petersburg also precluded the timekeeper from entering their own pay information. Thank you for bringing this incident to my attention and for the mutual cooperation among our personnel. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CORPORATION COUNSEL No. 49 Board of Ethics Advisory Opinion Police Inspectors' Annual Disclosure Statements Opinion No. 95-28 The Board of Ethics considered your request for an Advisory Opinion concerning the necessity for Police Inspectors to file Annual Disclosure Statements at its last meeting. The Board's opinion is based upon the information that was provided to it in the January 30, 1995 correspondence from Deputy Police Commissioner Lawrence R. Bayerl. Section 12-3 of the code of Ethics of the City of Buffalo states in pertinent part: Every city officer or employee and every other person, whether paid or unpaid, who holds an elective office; is a member of a city board, agency, commission, council or body; is in the unclassified service or in the exempt class of the civil service, or is authorized in the usual course of his or her duties to exercise a substantial degree of discretion in financial or regulatory transactions with private entities, including the negotiation, authorization or approval of contracts, the purchase, sale or rental of real property, goods or services, the obtaining of grants, money or loans or the adoption or repeal of any rule or regulation having the force and effect of law, shall file an annual disclosure statement. In light of the requirements of Section 12-3 of the Code of Ethics and the description of the Police Inspectors' duties which were provided to the Board, it is the Board's opinion that Police Inspectors must comply with the filing requirements of Chapter 12 of the Ordinances of Please have each of the Police Inspectors file an Annual Disclosure Statement by April 7, 1995. Please call me if you have any questions. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE BOARD OF ETHICS. No. 50 Conveying Title To 1237 Genesee Street Item No. 153, C.C.P., 2/7/95 You have requested the Department of Law to respond to the resolution which sought to withhold title transfer of the property located at 1237 Genesee Street after it was sold at the October 24, 1995 In Rem sale. The City wanted to withhold the transfer due to incomplete information regarding the owners of the corporate purchaser, Hubbard Industrial Park, Inc.. The Certificate of Incorporation for Hubbard Industrial Park, Inc. obtained by this office did not reveal the names of the shareholders or the officers of the corporation. A further investigation by this office indicates that the owner and sole shareholder of the corporation, located at 1625 Broadway, Buffalo, New York, 14212, is Theodore W. Kosiorek. This office recommends that title to 1237 Genesee should be conveyed to Hubbard Industrial Park, Inc. pursuant to the terms of the foreclosure sale. REFERRED TO THE COMMITTEE ON FINANCE. No. 51 Status Report Request to Stop Demolition 178 Bennett Street Item No. 109, C.C.P., 3/21/95 You have requested a response from the Law Department regarding the request of Rev. James T. Hemphill to stop the demolition of his property at 178 Bennett Street. Upon appearing in Housing Court, Rev. Hemphill was informed by the judge that the house at 178 Bennett Street was slated for demolition. He had begun some repairs on the property and now feels the property, which he alleges he recently acquired, does not warrant demolition. A housing inspector from the Inspections and Community Revitalization Department ("ICR") looked at the property and found it still in violation on March 23, 1995. Many windows were boarded on the first and second floors and the siding is in disrepair. Only half of the work required to repair the roof was complete. During the inspector's visit, roofing work was being performed by two unidentified men, though the permit was given to Rev, Hemphill's daughter, the property's alleged previous owner. Title to the property is uncertain at this time. Rev. Hemphill is the owner according to court records and his letter to the Common Council. However, according to assessment records and the permit taken out to repair the property, his daughter is the owner. ICR suspects that ownership of the property has been transferred in order to dodge Housing Court violations. ICR is concentrating on Bennett Street as a redevelopment area and is concerned about the effect this property has on surrounding homes. A new home built next door to 178 Bennett Street has had problems with obtaining a mortgage and insurance coverage due to its proximity to this dilapidated structure. There are concerns that the first floor has been gutted and that there is water in the basement, which could damage the house's foundation. ICR's inspector could not get into the lower apartment and basement to learn the actual state of the structure and is seeking a court order to gain access. Rev. Hemphill is scheduled to appear in Housing Court again on May 4, 1995. REFERRED TO THE COMMITTEE ON FINANCE. No. 52 Freedom Of Information Law Request/Schiller Pk. Alienation We have received your letter of March 31, 1995. Unfortunately, we have been unable to locate any records regarding alienation procedures that may have been followed with respect to the construction of the Schiller Park Senior Citizens Center. As you may recall, I telephoned you several times in recent weeks, and did explain that the City Clerk's office maintains a file of Home Rule Requests which would contain the documentation you've requested. However, that office has advised that this file does not date back to the late 1970's when such alienation would have taken place. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 53 Information Delaware Park Ring Road and Meadow Area Path Your Honorable Body requested information concerning the Delaware Park Ring Road and the newly constructed pedestrian pathway in the Meadow Area. Hopefully the following addresses your concerns. Presently there is no funding to repair or reconstruct Ring Road curbs. This Department has attempted to secure Capital Project Funds for Ring Road improvements, as defined by the existing Master Plan, without success for the last three years. Due to the historic nature of Delaware Park, curb reconstruction would be an expensive project. As for your concerns relating to the recently completed pedestrian path, we are unclear as to exactly what the complaints about the unfinished condition mean. The path was installed as designed and specified by Wendel, the landscape architectural firm for this project. The path was inspected numerous times by both Wendel representatives and Community Development staff, with the contractor, MPJ Contracting; directed to make corrections as required. The actual path was accepted in November of 1994 after final leveling and rolling was completed. We are retaining some monies from the contract for lawn restoration, which will be completed this spring. If specifics can be provided regarding the unfinished condition statement, we would investigate and report back. REFERRED TO THE COMMITTEE ON FINANCE. No. 54 Gleasner Playground Improvements Change Order 1 I am requesting permission of Your Honorable Body to encumber a Change Order for the above project. Shortly after it was installed, a new perimeter fence at the playground was vandalized by a car which damaged a significant portion of the fence. We ordered the repair of the fence to alleviate the horrendous condition created by the vandalism. The cost for the work was $1,500.00, added to the original base bid of $68,460.00, brings the new contract total to $69,960.00. I recommend that Your Honorable Body authorize the city to order the work. Funds for this work are available in Bond Account 200-717-075. Mr. Pitts moved: That the communication from the Department of Community Development, dated March 30, 1995, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue a change order to Williams General Contracting, changes resulting in a net increase in the amount of $1,500.00, as more fully described in the above communication, for repair of a fence at the Gleasner Playground. Funds to be charged to the Bond Account #200-717-075. PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF STREETS No. 55 Pet Food Donation Please be advised that Tops Markets located at 32 Mississippi St. has donated food for the animals to the Buffalo animal shelter. RECEIVED AND FILED. No. 56 Fee Increase Request Vermin & Small Animal Shelter After discussions with our Veterinarian, I was informed that all cats, four months of age and older are required to have a rabies shot At the present time, we do not give rabies shots. Our cost for these rabies shots will be a $10.00 flat fee. I am requesting that the adoption fee be raised to $22.00. This will include rabies shot and adoption fee. With the threat of rabies as it is now, this is a very reasonable request. It shows that the City of Buffalo is aware of the potential problem and is doing its part to help the situation. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 57 Report of Emergency Bid for Demolition of 384 Goodyear 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 March 28, 1995 and that the contract will be awarded to the lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/ AMOUNT OF BID 384 Goodyear Lebis Enterprises Henry L. Rankin $5,100.00 34 Timon Street Buffalo, New York Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated April 3, 1995, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Lebis Enterprises, at a cost of $5,100.00, relating to 384 Goodyear Avenue, is hereby confirmed, ratified and approved, with said cost to 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. PASSED. AYES- 13 NOES- 0. No. 58 Report of Emergency Demolition Bids Various Locations Within the City Due to the very serious and hazardous condition of the buildings locate d ,at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on March 21, 1995 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 242 Lathrop J. Martin Gerald G. Kerr $5,600.00 36 Hambly Ave., Toronto, Canada 29 Military Road Integrated Waste Special Services Sarah A. Bihl $5,200.00 29 Military Rd., Bflo., NY 211 Sumner Street J. Martin Ruthel Bailey $4,800.00 126 Hastings Ave., Bflo., NY Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated March 29, 1995, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of emergency demolition contracts to J. Martin, at a cost of $5,600.00, relating to 242 Lathrop; to Integrated Waste Special Services, at a cost of $5,200.00, relating to 29 Military Road; to J. Martin, at a cost of $4,800.00, relating to 211 Sumner Street, are hereby confirmed, ratified and approved, with said cost to 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. PASSED. AYES- 13 NOES- 0. No. 59 Report of Pre-Demolition Asbestos Removal Various Properties Within the City Please be advised that pre-demolition asbestos bid offers were solicited by our department on March 29, 1995 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 1183 Michigan Georgian Bay Contracting Gospel Light Tabernacle $3,150.00 James and Icylean Melvin 1220 Fillmore Bflo, NY 14211 109 Peach and Garage Georgian Bay Contracting Robert L. Robinson $2,673.00 157 Humber Avenue Buffalo, NY 14215 50 St. Louis St. Higgins Group Stacy A. Hanson $2,100.00 366 Elmwood Ave. Apt #315 Buffalo, New York 14222 306 South Park Avenue Georgian Bay Contracting Abduwali Ali Fade $4,028.00 Faisal Mothana PO Box 264 Buffalo, NY 14205 142 Townsend Georgian Bay Contracting John J. McDonald $3,325.00 332 Mackinaw Buffalo, NY 14210 241 Townsend Georgian Bay Contracting John and Amy Gattie $1,032.00 5389 Berg Orchard Park, New York 301 Walnut Higgins Group Calvin Ray Johnson $1,000.00 15 Birchwood Common Lancaster, New York 14086 88 Watson Georgian Bay Contracting Robert L. Stewart $3,406.00 795 Northampton Buffalo, NY 128 Whitney Place Georgian Bay Contracting John R. Mogavero $2,684.00 2431 First St. Grand Island, NY 14072 Please be further advised that our department will solicit bids for the demolition of these buildings upon completion and acceptance of the removal of the asbestos. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the ordinances. REFERRED TO THE COMMITTEE ON FINANCE. No. 60 Liquor License 864 Kenmore & 414 Pearl St Item No. 96, C.C.P. 3/21/95 This is in response to your request for inspection of the following properties regarding liquor licenses: 864 Kenmore: This property was inspected on April 7, 1995 by Building Inspector Art Kostrzewa; whereby on this date he noted legal use was established per card file and permit #A-31343 dated December 23, 1965. There is presently a building permit open and work is in progress. All work to date is in satisfactory condition. Upon completion of work, paperwork will be processed for issuance of a Certificate of Occupancy. There are no outstanding letters of violation or court action pending. 414-416 Pearl St: This property was also inspected on April 7, 1995; whereby on this date, the inspector reports legal use was established per permit #B-3875 dated 11/14/55. There is an open building permit, however all work is complete and satisfactory. There were several minor violations noted on a previous inspection (copy attached). A reinspection will be made in thirty days. There is no court action pending. The owner has recently made application for a restaurant license; all inspections pending. We trust this will satisfy your inquiry. Should you have any additional questions please feel free to contact me. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 61 Appointment - Assistant Director of Labor Relations Pursuant to the powers vested in me under the provisions of Sections 71 and 295.19 of the Charter of the City of Buffalo, I have appointed Brian J. Stocker, 467 Parkside Avenue, Buffalo, New York 14216, to the position of Assistant Director of Labor Relations effective April 10, 1995. Mr. Stocker is a human resources professional, with approximately 7 years of experience in dealing with matters such as the negotiation of Collective Bargaining Agreements, the administration of employee benefit programs, staff development, and policy implementation and interpretation. Mr. Stocker will be compensated at an annual salary of $37,209. Based on his experience, I certify that Mr. Stocker is fully qualified for the position of Assistant Director of Labor Relations. RECEIVED AND FILED. No. 62 Report on Elected Retirements in Police Department Item No. 205, C.C.P. 4/4/95 At present, the Police department estimates that between 70 and 100 personnel will retire between now and December 31, 1995. The vacant positions created by these retirements will be addressed through a combination of departmental reorganization and new recruits. The reorganization will be outlined in the Mayor's recommended budget to be presented to the Council on May 1, and will not affect the patrol division. Vacancies occurring in patrol will be filled on a priority basis. New recruits will result from a new class of officers at CPS beginning no later than August 1, 1995. The budget division and Police department are investigating the possibility of accelerating the timing of this class to something earlier than August I (although most likely not more than a month) so as to reduce overtime. The main issues seem to be the speed with which the state can do background checks and the number of retirements that actually occur by July 1. A second idea, already raised with the Council, would use "cadet pay" (pay lower than 1st step police officer for the time recruits are in the academy) to allow the class size to be more than the number of police officer slots available as of August 1. If we could train more than the number of budgeted police officer slots, we could handle vacancies created when recruits do not complete the academy and also have officers trained and ready when a retirement or other vacancy occurs. We are presently trying to determine if this is a mandatory subject of bargaining and also to address the Civil Service Commissions opposition to the idea. Civil Service feels that the list currently certified for police officer cannot be used for a different title/wage, and that the idea would have to wait until a new test is given. We believe that the new title/wage should be offered to candidates (who may or may not take the job), and that the list should be as applicable to the cadet situation as it is the current one. We will be pursuing each of these ideas strenuously and look forward to any thoughts your honorable body may have. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 63 Report on Drug Testing in Buffalo Police Department Item No. 206, C.C.P. 4/4/95 Your honorable body asked me to respond to the issue of replacing sworn police personnel who are terminated as the result of drug testing. Positions vacated through drug testing would be handled in the same way as filling any vacancy in police, where delivering services and controlling overtime are top priority. Vacancies in patrol would be filled as quickly as possible; vacancies in other areas would be evaluated on a case by case basis but more than likely be filled as well. We are planning to budget for a new police class that would graduate in January, 1996 at the latest; to the extent that we can accelerate the timing or increase the number of graduates that will be ready (e.g. through the "cadet pay concept"), we will do so, so that vacancies be filled as soon as possible. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 64 Bflo. Fin Plan. Comm- Report on Bd. of Education Item No. 77, C.C.P. 4/4/95 This office is grateful for and strongly supports the work of the Buffalo Financial Plan Commission as it relates to the Buffalo Public Schools; representatives of both the Administration, the Council and the Comptroller were included in the Commission's work. We believe that the schools, like the City, need to do all they can to reduce their cost of operations without affecting basic classroom services, We believe that the Commission's report suggests a myriad of ways in which the Schools' staff and Board leadership can do so, and that in a time of decreasing state and federal resources. We must pursue any option we can. The Mayor has asked the Superintendent to tell him, by April 15, which of the first year recommendations the district feels it can undertake in the 1995-96 year, and to give an estimate of the savings that would be produced. We look forward to that response and will be pleased to share it with the Council. In the meantime, we are working toward agreement with the district on consolidation of print shops, purchasing, etc. that could produce further savings. I trust that this answers your inquiry. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. No. 65 Bflo Historical Society Catering Agreement Item No. 78 C.C.P. 4/4/95 We would be in support of the Historical Society using outside catering services to expand its revenue and to accomplish needed facilities improvements, I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 66 Payment Agreement for Employees Requesting Six Month Residence Waivers Item No. 209, C.C.P. 4/4/95 This administration supports the residency requirements that are in effect for exempt and non-uniformed employees. In addition, we have attempted to develop incentives that would encourage uniformed employees to live in the City as well, as a majority of those employees do not now reside in the community that pays them. I believe that there needs to be a means for making sure that employees who are required to move into the City ultimately do so, and that the practice of sidestepping requirements--via any means--is addressed. I believe that a waiver period of some sort is justified, as it is rare that a person can make an immediate relocation and it is important for the City to be able to hire people based on qualifications. I do not believe that repeated extensions of waivers is a good practice, although each case has its own particulars. With respect to the proposal contained in the resolution, I would defer to the Corporation Counsel as to whether or not a salary contribution would be appropriate. Such contribution probably makes more sense after the initial waiver period than during it. The benchmark figure of 5% also needs to be carefully assessed in terms of its effect on an individual's financial situation, where finances are part of the reason for non-relocation: how would a salary contribution affect the individual's ability to take a loss on real estate, or to rent an apartment while owning a house? With respect to non-relocation being grounds for dismissal, exempt employees serve at the pleasure of the Mayor at present; I am not sure that any change would be required in order to enact this suggestion. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 67 Certificate of Appointment Appointment effective April 6, 1995 in the Department of Human Resources, Division of Substance Abuse Services, Sharon A. Fay, 293 Cumberland Ave., Bflo, 14220 to the Position of Stenographer, Temporary at the Intermediate Starting Salary of $22,248. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 68 Certificate of Appointment Appointment effective April 6, 1995 in the Department of Human Resources, Division of Substance Abuse Services, Sharon A. Fay, 293 Cumberland Ave., Bflo, 14220 to the Position of Stenographer, Temporary at the Maximum Starting Salary of $22,951. RECEIVED AND FILED. FROM THE CIVIL SERVICE COMMISSION No. 69 Status-Contingent Permanent As per Council President George Arthur's recent request, attached is a copy of Rule 19 - Contingent Permanent status from the Rules for the Classified Civil Service of the City of Buffalo. I trust this satisfies your inquiry. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 70 Payment Agreement - Residency Waiver Request Item #209, CCP 4/4/95 In reply to communication forwarded by Kaaren Luparello Lynch concerning the above subject matter, please be advised that the Civil Service Commissioners are unavailable to comment. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BOARD OF EDUCATION No. 71 Proposed Student Assignment for Early Childhood Center Stanley M. Makowski School The existing plan for Early Childhood Center (ECC) Makowski consolidates students and staff from existing facilities and minimizes incremental costs. The existing facilities affected are: Closing of School 43 Annex Closing of School 38 Annex Relief of overcrowding for Martin Luther King Multicultural Institute The ECC Makowski Enrollment Committee reviewed numerous enrollment plans which were considered before the finalized plan was put into place. The committee used the following criteria for developing an enrollment plan for ECC Makowski. Cost effectiveness Impact on desegregation Continuity and quality of program Community concerns Relief of overcrowding Neighborhood zoning Closing of dated facilities/annexes Neutralize and/or minimize transportation costs The ECC Makowski/Frank A. Sedita ( #38) Academy pairing allows for: Transfer of existing staff from other Buffalo Public Schools to the Makowski School Implementation of the Early Childhood Center Program foundation to Makowski while implementing these programs through innovative instructional delivery systems and school philosophy specific to Makowski Teachers to select ECC Makowski because they share its philosophy Minimal increase in staff district-wide Reduction in cost to district by closing annexes #43 and #38 and eases over-crowding for Martin Luther King Reduction in transportation cost for students formally bussed to #38 (38 D students) who will now walk to Makowski The school district's long range building plan has included the addition of much needed classroom space for School 38. Building plans for Frank A. Sedita School #38 are based on the following: Schools on the westside are overcrowded and in need of additional classroom space School #38 is one of two sites on the west side that meets the criteria needed to construct an addition The addition to School #38 will occur with or without its pairing with Makowski As a result the Early Childhood Center Makowski Enrollment Committee sought to speed up the plans already in place by the school district to add additional classroom space to School #38. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. FROM THE CITY CLERK No. 72 Mayor Reported Out of State I transmit herewith a communication received by me from the Mayor, reporting his absence from the state from 11:00 A.M. Saturday, April 8, 1995 until 5:45 P.M., Saturday, April 15, 1995. RECEIVED AND FILED. No. 73 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 206 Allen St. Cafe Cosmos Dessert Works, Inc. 1108 Elmwood Yellow Dogg Dominic Massaro REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 74 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller- David Pratt Police- Gerald Belton Human Resources- Christa Michalski RECEIVED AND FILED. No. 75 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: City Planning Board Emergency Medical Services Board Municipal Housing Authority RECEIVED AND FILED. No. 76 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 April 11, 1995 in the Department of Common Council Rosa Rucinski, 30 Zelmer St, Buffalo, NY 14211, to the Position of Intern III, Seasonal, at the Flat Starting Salary of $5.00. Appointment effective April 3, 1995 in the Department of Common Council Lisa A Kane, 716 Jersey St. #4, Buffalo, NY 14213, to the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00. Appointment effective April 6, 1995 in the Department of Common Council to the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00. Amy Zaccagino, 338 Richmond Ave., Buffalo, NY 14222 Pamela A Amato, 39 Ashland Ave., Buffalo, NY 14222 Appointment effective April 10, 1995 in the Department of Common Council Stanley Coleman, 108 Leonard St., Buffalo, NY 14215 to the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00. No. 77 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 April 3, 1995 in the Department of Mayor's Office Division of Youth Opportunity and Internship Programs Jakob Jung, 88 Cumberland Ave. Buffalo, N.Y 14220, to the Position of Intern II, Seasonal, at the Flat Starting Salary of $6.00 No. 78 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF STADIUM & AUDITORIUM Appointment effective April 19, 1995 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium John LoTempio, 57 Wilbury Place, Buffalo, 14216, to the Position of Sr. First Class Stationary Engineer, Temporary, at the Flat Starting Salary of $ 7.33. Appointment effective April 5, 1995 in the Department of Stadium & Auditorium Division of Memorial Auditorium, to the Position of Laborer I, Seasonal, at the flat Starting Salary of $6.22. Eric A. Bell, 177 Newburgh, Buffalo, 14215 William T. Orr, Jr., 135 Kenefick Ave., Buffalo, 14220 Appointment effective April 7, 1995 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, to the Position of Laborer I, Seasonal, at the flat Starting Salary of $ 6.22. Jacob Fields, 167 Sycamore Ave., Buffalo, 14204 H. Dennis Hooper, 56 Richfield Ave., Buffalo, 14220 Raymond Badillo, 350 Breckenridge St., Buffalo, 14213 Cedrick L. Sanders, 234 Strauss Ave., Buffalo, 14211 Appointment effective April 10, 1995 in the Department of Stadium & Auditorium Division of Memorial Auditorium, James Ortwein, 190 Herkimer St., Buffalo 14213 to the Position of Laborer II, Seasonal, at the flat Starting Salary of $6.92 Appointment effective April 11, 1995, in the Department of Stadium & Auditorium Division of Memorial Auditorium, Craig Tomkins, 197 15th St. Apt. 203, Buffalo, 14213, to the Position of Laborer I, Seasonal, at the flat Starting Salary of $6.22. DEPARTMENT OF ASSESSMENT Appointment effective April 10, 1995 in the Department of Assessment Florence A. Alessi, 791 Busti Avenue, Buffalo NY 14213, to the Position of Clerk, Seasonal, at the Flat Starting Salary of $5.20/hour. DEPARTMENT OF PARKS Appointment effective April 17, 1995 in the Department of Parks, Division of Recreation, to the Position of Fee Collector, Seasonal, at the Flat Starting Salary of $ 4.94. Charles Agro, 856 Parkside, Buffalo 14216 Noel Coshway, 280 West Avenue, Buffalo 14201 Eugene Heftka, 30 Warren, Buffalo 14212 David Morey, 8 Taunton Place, Buffalo 14216 Stanley Murak, 1080 Kensington, Buffalo 14215 Robert O'Leary, 199 Ryan Street, Buffalo 14210 Noreen Sabadasz, 79 Fenton, Buffalo 14206 David Thompson, 877 West Ferry, Buffalo 14209 Appointment effective April 17,1995 in the Department of Parks, to the Position of Laborer II, Seasonal, at the flat Starting Salary of $6.92. Joseph Giambrone, 1694 Seneca Street, Buffalo 14210 John Kregg, 433 Linwood, Buffalo 14209 Edward Woelfle, 239 Parkside, Buffalo 14214 DEPARTMENT OF HUMAN RESOURCES Appointment effective April 3, 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. Khristian Foglia, 32 Lafayette, Buffalo 14213 Ann Marie Nicometi, 89 Hoyt, Buffalo 14213 Paula Maraschello, 246 Rhode Island, Buffalo 14213 Michael Carlucci, 277 W. Delevan, Buffalo 14213 Janet Maraschello, 241 Rhode Island, Buffalo 14213 Appointment effective April 7, 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. Brunilda Velez, 180 14th, Buffalo 14213 Deborah Courtemanche, 30 Arkansas, Buffalo 14213 Carolyn Gellerson, 929 Niagara, Buffalo 14213 Margaret Dirig, 820 West, Buffalo 14213 Gaetano Capodicasa, 560 Fargo, Buffalo 14213 Angeline Cipolla, 8 Hertel Apt 604, Buffalo 14207 Appointment effective April 11, 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. Josette LaBruna, 43 Bremen, Buffalo 14213 Thomas Pace, 328 Grant, Buffalo 14213 Robert Stewart, 45 Berwyn, Buffalo 14215 Appointment Effective April 11, 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. Christopher Grant-Davis, 36 Fennimore, Buffalo 14215 Priscilla L. Perry, 155 Timon, Buffalo 14208 Appointment effective April 4, 1995 in the Department of Human Resources Division of Youth Alicia Ventresca, 84 Lorraine, Buffalo 14220, to the Position of Lifeguard, Seasonal, at the Flat Starting Salary of $5.20 p/h. Appointment effective April 7, 1995 in the Department of Human Resources Division of Youth, Pedro Salas, 233 Niagara, Buffalo 14201, to the Position of Supervisor, Temporary, at the Flat Starting Salary of $5.20 p/h. DEPARTMENT OF GENERAL SERVICES Appointment Effective April 17, 1995 in the Department of General Services Division of Inventory & Stores, Michael A. McCool, 4 Sidway St., Buffalo, NY 14210 to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92/Hr. No. 79 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 AUDIT & CONTROL Appointment effective April 12, 1995 in the Department of Audit and Control Division of Audit, David Pratt, 185 Norwood Avenue, Buffalo, NY 14222 to the Position of Assistant Auditor, Permanent, at the Minimum Starting Salary of $26,230. MUNICIPAL CIVIL SERVICE COMMISSION Appointment effective April 5, 1995 in the Department of Municipal Civil Service Commission Mary K. Adamski, 337 Bristol Street, Buffalo, NY 14206, to the Position of Typist, Permanent, at the Minimum Starting Salary of $20,215. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 80 AUD CLUB, INC. Fuel Rent Reduction/Sublease-The Hatch Restaurant Enclosed herewith is a corrected copy of the Certified Mail letter dated April 4, 1995, sent to the above addressees and to those receiving day copies. The correction that has been made is on the first page: the referenced in the fourth line is incorrect; but the date as typed is correct. Wednesday, This line should read: April 12, 1995. I apologize for any inconvenience this may have caused. RECEIVED AND FILED. No. 81 J. CARR Favor Moratorium-Social Services Agencies Members of the West Village Block Club have taken notice of your recent actions concerning a moratorium on additional social service agencies in the near downtown area. The West Village is Buffalo's nearest to downtown neighborhood. As such, we have shared in the difficulties which have been caused by the excessive numbers of social service agencies. We share your belief that there is a limit on the ability of any neighborhood to accommodate the problems and stress which come with these programs. We therefore have voted to offer you our full support and encouragement in your efforts to limit further expansion of these agencies and their programs in the central city areas. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 82 W. EATON Favor-Expansion Benedict House-385 Elmwood As an owner of the building on Elmwood Avenue, as a resident of Elmwood Avenue, and as a business owner of 23 years on Elmwood Avenue, I want you to know that the Forever Elmwood organization does not speak for me regarding the proposed Benedict House expansion to 385 Elmwood Avenue. Nor does it speak for the businesses on Elmwood between Allen and North Streets as evidenced by the enclosed petition. All of the businesses on this block -- with the exception of four (three of which are rarely open) -- fully endorse the expansion of Benedict House to 385 Elmwood Avenue. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 83 ECIDA Info-PILOT-1985 Prudential Associates Project Enclosed for your information please find a copy of a summons and complaint received by ECIDA in connection with the above referenced project. As you know, payments in lieu of real estate taxes on this project are delinquent. Presuming that the foreclosure proceeding goes to completion, upon the foreclosure sale the project would go back on the tax rolls and, on a prospective basis, full real estate taxes would be payable by the purchaser at foreclosure. With regard to delinquent payments in lieu of real estate taxes through the date of foreclosure, no lien for delinquent payments attaches to the project (unlike real estate taxes), and the taxing authorities' remedies would be limited to bringing a lawsuit against Prudential Associates for the delinquent amounts. If you would like to discuss this matter further, please feel free to call. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE CORPORATION COUNSEL. No. 84 ERIE COUNTY LEGISLATURE County/City Consolidation Plan Attached are amendments to the proposed County/City consolidation plan. REFERRED TO THE COMMITTEE ON FINANCE. No. 85 GREENWAY TASK FORCE Report-Waterfront Greenway System Attached please find the report of the Common Council's Waterfront Greenway Task Force. The Task Force was appointed in February of last year and has worked diligently to combine the visions of several community organizations for public access to the city's waterfront. The system of trails, bike lanes and open space proposed in this report will form a "linear park" that will connect the entire city waterfront. It is the hope of the Task Force that the Greenway System will establish basic public access to the waterfront around which other types of development can be built. I look forward to Council review of the report and any suggestions or comments my colleagues may have as we consider passage of the proposed ordinance. Thank you. REFERRED TO THE COMMITTEE LEGISLATION, THE CITY PLANNING BOARD, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF COMMUNITY DEVELOPMENT, CORPORATION COUNSEL AND ENVIRONMENTAL MANAGEMENT COMMISSION. No. 86 KAVINOKY & COOK Revised Sabres' Lease Crossroads Arena Attached are those pages of the Sabres Lease and exhibits which have been revised subsequent to the 2/20/95 draft of the Sabres Lease which we reviewed with the Task Force. Also attached is a copy of our 3/27/95 letter to the Sabres' counsel regarding the Task Force's comments on requested changes marked to indicate how these comments or changes were dealt with in the latest (3/24/95) draft of the Sabres Lease. REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE. No. 87 KAVINOKY & COOK Bill For Services-Crossroads Project Services during the period June 1, 1994 through September 30, 1994, as shown in the attached copy of our original time records. As with prior statements, in general our services consisted of attendance at meetings of the City Task Force; conferences with the Buffalo Sabres and the Crossroads Arena Corporation, their attorneys and staff members; conferences with officials and members of the City of Buffalo Administration and members of the Common Council; conferences with attorneys and other representatives of the New York State Urban Development Corporation and the County of Erie; drafting of documents and revisions thereof; office conferences and also conferences with various other persons and organizations as shown; miscellaneous correspondence, research and various related services as shown. To All Above Services $81,268.25 Less Adjustment (in addition to reduction adjustment made to hourly rates) - 5,000.00 $76,268.25 Disbursements: Photocopies $ 864.62 Long Distance Telephone 162.91 LEXIS Computer Research 85.23 Fax Charges 63.80 Postage and Delivery Charges 27.65 1,204.21 $77,472.46 The time spent on the Project by individual lawyers at their respective (adjusted) rates is as follows: Arnold B. Gardner -118.50 hrs. at $175 Samuel L. Shapiro - 2.80 hrs. at $150 Gene M. Simon - 33.50 hrs. at $135 Jonathan E. Rodwin .70 hr. at $135 Thomas J. Keable -22.15 hrs. at $125 Laurence K. Rubin -421.80 hrs. at $125 REFERRED TO THE COMMITTEE ON CLAIMS. No. 87A LOCAL 71 Health Care Coverage Please be advised that the International Union of Operating Engineers Local 71 71A-71B AFL-CIO, is in receipt of Councilman Coppola's resolution regarding the Union's "willingness to explore health care coverage alternatives" It is the position of this Union that we will continue to negotiate with the city of Buffalo in good faith at the Bargaining Table and not through more public means as the Council Chambers or the Media. Our history shows that Local 71 has always been willing to Cooperate with the City wherever and whenever possible, however, in no case will we sacrifice the benefits of the people we represent. It was and still is not Labor's fault that the City of Buffalo is in the condition it is in. To ask the working person to shoulder the burden of the financial tragedy the City is facing is unfair to the good and honest people in the employ of the City of Buffalo. RECEIVED AND FILED. No. 88 NYSDEC Reclassification-Kingsley Park The Department of Environmental Conservation (DEC) maintains a Registry of sites where hazardous waste disposal has occurred. Property located at Kingsley Street in the City of Buffalo and County of Erie and designated as Tax Map Number 100.50-5-18.1 was recently reclassified as a Class 4 in the Registry. The name and site I.D. number of this property as listed in the Registry is Diarsenol Co., Kingsley Park, Site #915124. The Classification Code 4 means that the site is properly closed -- requires continued management. 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 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. The reason for this recent classification decision is as follows: The contaminated soil has been removed, a groundwater collection trench is operating and a groundwater monitoring well network has been installed. The site is in the monitoring and maintenance phase and no further remedial work is planned. If you would like additional information about this site or the inactive hazardous waste site remedial program, call: DEC's Inactive Hazardous Waste Site Toll-Free Information Number 1-800-342-9296 or New York State Health Department's Health Liaison Program (HELP) 1 800-458-1158, ext. 402. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 89 NYSDEC Reclassification-Tifft Farms The Department of Environmental Conservation (DEC) maintains a Registry of sites where hazardous waste disposal has occurred. Property located at 1200 Fuhrmann Boulevard in the City of Buffalo and County of Erie and designated as Tax Map Number 132.11 -1 -I was recently reclassified as a Class 4 in the Registry. The name and site I.D. number of this property as listed in the Registry is Tifft Farm Nature Preserve, Site #915072. The Classification Code 5 means that the site is properly closed, no evidence of present or potential adverse impact -- no further action required. 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 currently are renting or leasing your property to someone also, 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. The reason for this recent classification decision is as follows: The documented disposal at this site (112 Drums of Napthalene Waste) was remediated in 1983. A Phase II investigation at this site in 1988 did not document any further disposal of hazardous waste, although this area has shown extensive evidence of industrial use. A supplemental investigation of this site in 1991 included test pits being dug in areas where a geophysical study had indicated the possible presence of buried drums. No drums or other hazardous wastes were found during this investigation. Residual contamination exists at this site from its proximity to rail yards and steel mills, as well as its former industrial uses. This site is designated a significant coastal fish and wildlife zone by NYSDEC. If you would like additional information about this site or the inactive hazardous waste site remedial program, call: DEC's Inactive Hazardous Waste Site Toll-Free Information Number 1-800-342-9296 or New York State Health Department's Health Liaison Program (HELP) 1-800-458-1158, ext- 402. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 90 NYS INSPECTOR GENERAL HUD Loan - 400 Elmwood This is in response to your letter dated March 29, 1994 requesting a written reply regarding "Item # 162: R. Kern - Question HUD loan 400 Elmwood Ave.; C.C.P. February 21, 1995.11 The issue of an $800,000 HUD loan to Wilbur Trammell for renovations at 400 Elmwood Avenue in the City of Buffalo has been discussed ad infinitum with Mr. Kern. He has been advised on several occasions that these funds are through a federal program and therefore fall under the jurisdiction of Special Agent Philip E. Kiefer, U.S. Department of Housing and Urban Development, Office of Inspector General Investigations. Mr. Kern has been provided with Mr. Kiefer's telephone number in Buffalo. My office staff would be more than happy to assist with this matter. Our jurisdiction, however, is within state agencies, and only when the head of said agency has been appointed by the Governor. If I can be of further assistance, please do not hesitate to contact me at 847-7118. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 91 NYS DEPARTMENT OF PUBLIC SERVICE NFC-Video Teleconference-Rate Increase We are sending this letter to you for several reasons. Enclosed is the Preliminary Report of the videoteleconference that we conducted on January 26, 1995 to seek public input on the current National Fuel Gas Distribution Corporation (NFG) rate case (case number 95G-0885). We would also like to outline further opportunities to comment on the case and further information we will be sending you. The Preliminary Report contains the information that was presented at the videoteleconference, the discussion questions, the concerns that were raised by the participants at the six sites, and the evaluations of the videoteleconference itself. Comments made at the videoteleconference helped staff develop its position as an advocate. The Report is also being submitted as an exhibit to be part of the Department of Public Service staff's testimony which will be used by the Public Service Commission to help reach a decision on the pending rate increase request. The Public Statement Hearings offer another opportunity for public input. The Administrative Law Judge will be there to listen to your comments. Public Statement Hearing comments are taken down by a court reporter and become transcripts in the case. Public Statement hearings will be held: Thurs., April 20, 1995, 1 PM at Thurs., April 20, 1995, 7 PM at Mahoney State Office Bldg E.C.C., North Campus 65 Court Street Auditorium Buffalo, NY 6205 Main St Williamsville, NY Friday, April 21, 1995 - 11 AM at City Council Chambers City Hall 200 East Third Street Jamestown, NY Copies of the company's rate request are available at the following libraries: Earl W. Brydges Public Library, 1425 Main Street, Niagara Falls, NY 14305, Attention: Ms. Margaret M. Moran; James Prendergast Free Library, 509 Cherry Street, Jamestown, NY 14701, Attention: Reference Desk; Amherst Public Library, 350 John James Audubon Parkway, Amherst, NY 14228, Attention: Reference Desk; and Buffalo & Erie County Public Library, Lafayette Square, Buffalo, NY 14203, Attention: Business & Labor Department, Mr. David Pfeiffer. You are welcome to take part in the public statement hearing process regardless of whether you participated in the videoteleconference. In addition to Public Statement Hearings, you have two other opportunities to comment on NFG's requested rate increase. You may continent in letters to the Judge on the case by writing: Administrative Law Judge, Frank Robinson, NYS Department of Public Service, Three Empire State Plaza, Albany, NY 12223-1350. You may also call the Department of Public Service consumer helpline at 1-800-342-3377 and press "1" to register your comments or inquiries. Videotapes of the videoteleconference may be purchased by sending a check for $10 payable to the: NYS Department of Public Service, 3 Empire State Plaza, Albany, NY 12223, ATT: Teleconference 3rd Floor. The Judge is scheduled to issue a recommended decision to the Commission in June, 1995. We will send you a summary of that decision and any parts of it that show how public input was used. We will also send you a summary of the Commission's decision which is due September, 1995. Thank you for your interest. If you have any questions or comments regarding the materials, please call the Consumer Service Division of the Department of Public Service at 1-800-342-3377 and press "1." REFERRED TO THE COMMITTEE ON FINANCE. No. 92 NYS URBAN DEVELOPMENT CORP. Crossroads Arena Monthly construction report covering period March 1, 1995 to March 31, 1995. CRITICAL ISSUES: None REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE. No. 93 ROSWELL PARK Rpt. 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. REFERRED TO THE COMMITTEE ON FINANCE. No. 94 SHEA'S Reopen Main Street to Vehicles We are in receipt of your March 29 letter concerning Item # 75, "C. Griffasi Reopen Main St. to vehicles". Shea's position is that we welcome and support any effort to study the reopening of Main Street to vehicular traffic. An argument can be made that the closing of Main Street to vehicular traffic is the single most negative factor impacting downtown. Our position on allowing some form of vehicular traffic on Main Street is on record. The front of our building with its brand new marquee is on Main Street. Our state of the art ticketing service and gift shop operation is on Main Street. It is our opinion that by reopening Main Street to vehicular traffic, retail and restaurants can have the opportunity to flourish. I am available to testify in front of your committee. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 95 SPORTSERVICE Aud Club Sublease of Hatch to Sportservice Per our discussion with Nellie Drew enclosed is the substantially final draft of the proposed sublease of The Hatch from Aud Club, Inc. to Sportservice. REFERRED TO MARINA TASK FORCE AND THE CORPORATION COUNSEL. PETITIONS No. 96 Coastal Gas Co., Commercial Realty Fund, owners petition to use 959 Niagara St. for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 97 Michael J. Falgiano, Sr., owner, petition to Rezone Nos. 97-113 Leslie St.; 66 Kilhofer St. from R-2 to CM for storage of construction materials and parking. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 98 S. Kolano and others- Oppose Wegman's building a store in the Amherst St. and Elmwood Ave. section of Black Rock. REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND ZONING BOARD. No. 99 Lynne M. Marino and others-support of the Hennepin Park Community Center Renovation/Expansion Project. RECEIVED AND FILED. REGULAR COMMITTEES CIVIL SERVICE HON. ROSEMARIE LOTEMPIO CHAIRMAN No. 100 Salary Ordinance Amendment 50 - Department of Human Resources 4 - Division of Substance Abuse Services 012 - Buffalo Municipal Housing Authority Program 112 - Temporary Services (Item No. 211, C.C.P., Mar. 7, 1995) That the Salary Ordinance Amendment as contained in Item No. 211, C.C.P., March 7, 1995, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 101 Info - Salary Ordinance - H.R. (Compt.) (Item # 28 CCP March 21, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 102 Info - Salary Ordinance - H.R. (CC) (Item # 59 CCP March 21, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 103 Info - Salary Ordinance - H.R. (BMHA) (Item # 67 CCP April 4, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 104 Appointment Auditing Inspector That communication No. 20 April 4, 1995 be received and filed and the contingent permanent appointment of JoMarie L. Barone stated above at the intermediate salary $30,063.00 effective on March 24, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 105 Appointment Senior Accountant That Communication No. 21 April 4, 1995 be received and filed and the contingent-permanent appointment of Ronald N. Lunghino stated above at the intermediate salary $31,649.00 effective on March 22, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 106 Appointment Associate Auditor That Communication No. 22 April 4, 1995 be received and filed and the permanent appointment of Elizabeth A. Mancuso stated above at the maximum salary $36,322.00 effective on March 20, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 107 Appointment Associate Accountant That Communication No. 23 April 4, 1994 be received and filed and the contingent-permanent appointment of Susan C. Mascia stated above at the maximum salary $36,322.00 effective on March 21, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 108 Appointment Supervising Accountant That Communication No. 24 April 4, 1995 be received and filed and the contingent-permanent appointment of Richard Whitcomb stated above at the intermediate salary $38,521.00 effective on March 17, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 109 Appointment Principal Auditor That Communication No. 25 April 4, 1995 be received and filed and the permanent-contingent appointment of Joseph Syroczynski stated above at the maximum salary $45,670.00 effective on March 16, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 110 Appointment Account Clerk Typist That Communication No. 40 April 4, 1995 be received and filed and the permanent appointment of Kathleen Ellis stated above at the maximum salary $23,588.00 effective on March 13, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 111 Appointment Senior Clerk That Communication No. 41 April 4, 1995 be received and filed and the permanent appointment of Judy Banks stated above at the maximum salary $23,919.00 effective on March 27, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 112 Appointment Firefighter That Communication No. 46 April 4, 1995 be received and filed and the permanent appointment of Bryan Herring stated above at the intermediate salary $32,980.00 effective on March 16, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 113 Appointment Firefighter That Communication No. 47 April 4, 1995 be received and filed and the permanent appointment of Bart Sumbrum stated above at the maximum salary $40,982.00 effective on March 16, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 114 Notices of Appointments (Temp.) (Item # 74 CCP April 4, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 115 Sell Pilot Field (Item No. 173, C.C.P., Feb. 21, 1995) That this Common Council request that the Division of Real Estate perform an appraisal of Pilot Field; and That the Buffalo Bisons and their parent company, Rich Products, be asked to reply to this resolution, specifically addressing their interest, if any, on purchasing Pilot Field from the city of Buffalo; and That the City Clerk forward a certified copy of this resolution to Robert Rich, Jr., President of the Buffalo Bisons. Mr. Helfer moved to separate the 1st resolve only; seconded by Mr. Coppola. Carried. Mr. Helfer now moved to receive and the file the first resolve only; seconded by Mr. Zuchlewski. ADOPTED. Mr. Collins now moved the approval of the remaining resolves, No. 2 and No. 3; seconded by Mr. Czajka. ADOPTED. AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, HELFER, LOTEMPIO, ZUCHLEWSKI- 7. NOES- BELL, FRANCZYK, LOCKWOOD, PERLA, PITTS, WILLIAMS- 6. No. 116 Sale of Pilot Field (Item # 83 CCP March 7, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 117 Sale of Pilot Field (Compt) (Item # 24 CCP March 21, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 118 Renew Composting Contract (Item No. 18, C.C.P., Nov. 29, 1994) (Item No. 106, C.C.P., Apr. 4, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved to recommit the above item; seconded by Mr. Pitts. Mr. Zuchlewski moved to amend said item to receive and file; seconded by Mr. Bell. LOST. AYES- BELL, HELFER, LOCKWOOD, ZUCHLEWSKI- 4. NOES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, LOTEMPIO, PERLA, PITTS, WILLIAMS- 9. Mr. Collins now moved his original motion to recommit the above item; seconded by Mr. Pitts. ADOPTED. No. 119 1237 Genesee Street - Convey Title (Item No. 30, C.C.P., Mar. 7, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the Corporation Counsel be, and he hereby is authorized to prepare the necessary documents for the transfer of title of the property located at 1237 Genesee Street, which was purchased at In Rem 28 on October 24, 1994 by Hubbard Industrial Park, Inc., 1625 Broadway, Buffalo, New York 14212, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES- 13 NOES- 0. No. 120 Re-Acquire Title to 47 Glenwood Avenue (Item No. 121, C.C.P., Mar. 7, 1995) That the Comptroller be, and he hereby is authorized to negotiate with Jeff and Patricia Turner, for the private sale of 47 Glenwood Avenue and report to the Common Council the results of such negotiations. ADOPTED. No. 121 Re-Acquire Title - 47 Glenwood (A&F) (Item # 83 CCP March 21, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 122 Re-Acquire Title - 47 Glenwood (Compt) (Item # 14 CCP April 4, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 123 Re-Acquire Title - 47 Glenwood (Assmt) (Item # 30 CCP April 4, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 124 Certificate of Adjusted Base Proportions (Item No. 28, C.C.P., Apr. 4, 1995) That the Common Council approve the Certificate of Adjusted Base Proportions pursuant to Article 19, of the Real Property Tax Law, for the 1995 Assessment Roll- and that the City Clerk be, and he hereby is authorized to sign, date, and forward such Certificate to the New York State Office of Real Property Service, to the attention of Michael Griffin, 16 Sheridan Avenue, Albany, New York 12210-2714, and that the City Clerk to furnish the Department of Assessment with a copy of the approved certificate. PASSED. AYES- 13 NOES- 0. No. 125 Certificate of Current Base Percentages and Proportions (Item No. 29, C.C.P., Apr. 4, 1995) That the Common Council approve the Certificate of Adjusted Base Proportions, Current Percentages and Current Base Proportions pursuant to Article 19, of the Real Property Tax Law, for the Levy of Taxes on the 1995 Assessment Roll; and that the City Clerk be, and he hereby is authorized to sign, date, and forward such Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210-2714; and that the City Clerk furnish the Department of Assessment with a copy of the approved certificate. The Department of Assessment shall report back to the Council the City's new Base Proportions. PASSED. AYES- 13 NOES- 0. No. 126 Report of Bids - Flocculation System Improvements (Item No. 34, C.C.P., Apr. 4, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to award contracts for Filtration Plant Improvements, Flocculation System Improvements, Contract 7E and 7G to Ferguson Electric Construction Company, Inc., for Electrical Construction in the amount of $148,950.00; to John W. Danforth Company, for General Construction, in the amount of $1,054,00.00, the lowest responsible bidders, with said costs to be charged against the Division of Water's 416-982-019-00-000 Capital Projects account. PASSED. AYES- 13 NOES- 0. No. 127 Change in Contract - Exchange, Carroll Streets Reconstruction (Item No. 55, C.C.P., Apr. 4, 1995) That the Commissioner of Community Development be, and he hereby is, authorized to issue change order #1 to TVGA Engineering, Surveying, P.C., changes resulting in a net increase in the amount of $10,495.00, as more fully described in the above communication, for the contract relating to Engineering Design Services Exchange and Carroll Streets, #91794300. Funds for this work are available in Community Development Bond Fund 200-717-041. PASSED. AYES- 13 NOES- 0. No. 128 Hire Consulting Engineer - Col. Ward Pumping Station Valve House (Item No. 46, C.C.P., Mar. 21, 1995) (Item No. 115, C.C.P., Apr. 4, 1995) That the Commissioner of Public Works be. and he hereby is authorized to engage the services of a Consultant Engineer for work relating to Colonel Ward Valve House Rehabilitation, as more fully described in the above communication. Funds for this project, in an amount not to exceed $80,000, are available in the Division of Water's Capital Projects account. PASSED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12. NOES- HELFER- 1. No. 129 Additional Information - Consult. Valve House Rehab. (PW) (Item # 39 CCP April 4, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 130 Extend Time of Contract - Filter Instruments (PW) (Item # 32 CCP April 4, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 131 Service Fees To Other Municipalities (A&F) (Item # 62 CCP April 4, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 132 Reply to Liquor License 3/21 (Assmt) (Item # 31 CCP April 4, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 133 M D M Petroleum, Inc., Petition to use 1516 Niagara Street - Sit-in Restaurant (Item No. 97, C.C.P., Apr. 4, 1995) That after a public hearing before the Committee on Legislation on April 11, 1995, the petition of M D M Petroleum, Inc., owner, for permission to use 1516 Niagara Street for a sit-in restaurant be, and hereby is approved with any conditions as set by the City Planning Board. PASSED. AYES- 13 NOES- 0. No. 134 Gary Tenebra, Petition to use 1197 Hertel Avenue Outdoor Patios (Item No. 98, C.C.P., Apr. 4, 1995) That after a public hearing before the Committee on Legislation on April 11, 1995, the petition of Gary Tenebra, owner, for permission to use 1197 Hertel Avenue for outdoor patios in the front and rear of premises be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 135 Home Rule Request - Renovation of Hennepin Park Community Center (Item No. 201, C.C.P., Apr. 4, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That the Common Council hereby approves this Home Rule Request for special state legislative authorization as described above; and That the City Clerk forward this resolution together with the attached draft bill, pursuant to Home Rule Request, to the local and Albany, New York Offices of the Senator William T. Stachowski and Assemblyman Paul Tokasz, for their consideration. PASSED. AYES- BELL, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 10. NOES- ARTHUR, COLLINS, COPPOLA- 3. No. 136 S. Cacciatore - Oppose Expansion of Hennepin (CC) (Item # 100 CCP April 4, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 137 Ordinance Amendment - Chapter 242 Housing Standards (Inspection Enforcement) (Item No. 185, C.C.P., Feb. 21, 1995) That the Ordinance Amendment as contained in Item No. 185, C.C.P., February 21, 1995, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 138 Request Ordinance - Remove Restaurant License Fees (Item No. 148, C.C.P., Jan. 10, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved to receive and file the above item; seconded by Mr. Pitts. ADOPTED. ECONOMIC DEVELOPMENT HON. CARL A. PERLA JR. CHAIRMAN No. 139 Connecticut Street - Urban Renewal Plan Amendment (Item No. 215, C.C.P., Mar. 7, 1995) (Item No. 180, C.C.P., Apr. 4, 1995) That the above item, be and the same hereby is, returned to the Common Council without recommendation. Mr. Perla now moved to recommit to the Committee on Economic Development. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 140 Connecticut Street Urban Renewal Plan Amendment (Item No. 8, C.C.P., Mar. 7, 1995) (Item No. 181, C.C.P., Apr. 4, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Perla now moved to recommit to the Committee on Economic Development. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 141 Connecticut Street Urban Renewal Plan Amendment (Item No. 68, C.C.P., Mar. 7, 1995) (Item No. 182, C.C.P., Apr. 4, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Perla now moved to recommit to the Committee on Economic Development. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 142 HOME Rehabilitation Loans 3 Geary Street (Item No. 60, C.C.P., Apr. 4, 1995) That the Commissioner of Inspections and Community Revitalization, be, and he hereby is, authorized to release HOME Rental Rehabilitation funds at 4% for 20 years for 3 Geary Street, in the amount of $48,000. PASSED. AYES- 13 NOES- 0. No. 143 Question Free Use of City Building (Item # 195 CCP March 21, 1995) That the above mentioned Item be and the same is hereby received and filed. Mr. Perla now moved to recommit to the Committee on Economic Development. ADOPTED. No. 144 R. Kern - Question HUD Loan 400 Elmwood (Item # 162 CCP February 21, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 145 HUD Reply - Concerns of 108 loan - 400 Elmwood (Item # 96 CCP April 4, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 146 Reply - Compl. Sec. 108 Loan 400 Elmwood (Item # 64 CCP March 21, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. ERIE BASIN MARINA TASK FORCE HON. JAMES W. PITTS CHAIRMAN No. 147 Veto Message - Proposal to Amend the Extended Erie Basin Marina Lease (Item No. 63 C.C.P., Mar. 7, 1995) (Item No. 1, C.C.P., Mar. 21, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Pitts moved: That the Mayor's veto as contained in Item No. 1, C.C.P., March 21, 1995 be, and the same hereby is overridden. REPASSED. AYES- ARTHUR, BELL, COLLINS, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PITTS, WILLIAMS- 10. NOES- COPPOLA, PERLA, ZUCHLEWSKI- 3. No. 148 Veto Message - Proposal to Amend the Extended Erie Basin Marina Lease (Item No. 179, C.C.P., Mar. 7, 1995) (Item No. 2, C.C.P., Mar. 21, 1995) That the Mayor's veto as contained in Item No. 2, C.C.P., March 21, 1995 be, and the same hereby is overridden. REPASSED. AYES- ARTHUR, BELL, COLLINS, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PITTS, WILLIAMS- 10. NOES- COPPOLA, PERLA, ZUCHLEWSKI- 3. No. 149 Aud Club - Request to Sublease Hatch Restaurant (Item # 101 CCP March 21, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 150 Sublease of Hatch Restaurant (Item # 52 CCP March 21, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 151 By: Mr. Arthur Extend City Hall Cafeteria Contract Whereas: Late last year the Director of Buildings and the Commissioner of Public Works requested proposals for the operation of the City Hall cafeteria for a five-year period ; and Whereas: Five companies responded to the Request-For-Proposals, which asked potential operators to take a creative and innovative approach to developing proposals which will enhance the quality of the food and the overall atmosphere of the cafeteria; and Whereas: The Commissioner of Public Works and some members of this Council are not fully satisfied with any of the proposals that were submitted to the city; and Whereas: Since the new operator will receive a five-year contract, it is important that every possible effort be made to ensure that the successful proposal to operate the cafeteria will adequately address the city's needs and concerns; Now, Therefore Be It Resolved: That the Marriott Corporation's contract to operate the City Hall cafeteria be extended for one year in order to give the city more time to develop new, more detailed Request-For-Proposals and to select a new operator. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 152 By: Mr. Bell Identify BURA Resources Whereas: At the regularly scheduled Buffalo Urban Renewal Agency meeting of February 23, 1995, an item was submitted for the expenditure of $22,061.90 to purchase computers from Gateway 2000, Inc.; and Whereas: The item was approved, and the funds were taken from an account referred to as the BURA General Fund; and Whereas: Upon further investigation, it was discovered that there appears to be a cash balance of several hundred thousand dollars remaining in that account; and Whereas: It is not clear what the source of that money is, or what the purpose of the account is; and Whereas: The Common Council has an obligation to ensure that all available funds for development be properly and effectively used to rebuild the neighborhoods of the City of Buffalo; Now, Therefore Be It Resolved: That the Buffalo Urban Renewal Agency be requested to submit a written report to this Honorable Body detailing the amount, source and allowable uses of the BURA General Fund. REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE AND BUFFALO URBAN RENEWAL AGENCY. No. 153 By: Mr. Collins Increased Appropriation City Revenue Audit and Control - Division of Collections 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 Audit and Control Division of Collections be and the same hereby is increased in the sum of $100,000. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: Revenue City 100 General Fund 04-4 - Division of Collections 402 -City 30020 - Charge for Collection Service $100,000 To meet the increased appropriation as set forth below: 100 General Fund 044 - Division of Collections 001 - Collections 001- Collections 570 - Financial and Accounting Services $100,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 154 By: Mr. Collins Increased Appropriation Reserve for Capital Appropriations Department of Inspections and Community Revitalization That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Department of Inspections and Community Revitalization - Division of Housing and Property Inspections be and the same hereby is increased in the sum of $100,000. That, the comptroller be and hereby is authorized and directed to transfer the sum of $100,000 from 100-890-050 - Reserve for Capital Appropriations to meet this increased appropriation as set forth below: To: 100 General Fund 24 - Department of Inspections and Community Revitalization 1 - Division of Housing and Property Inspections 085 - Capital Outlay 900 - Land and Betterments (Demolition of City owned Buildings) $100,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 155 By: Mr. Collins Increased Appropriation County Revenue - Erie County Sales Tax Streets, Engineering & Comptroller 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 Street Sanitation, Department of Public Works - Division of Engineering and Department of Audit and Control - Comptroller be and the same hereby is increased in the sum of $1,274,715. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: Revenue County 100 General Fund 405 - County Revenues 88920 - Erie County Sales Tax $1,274,715 To meet the increased appropriation as set forth below: 100 General Fund 70 - Department of Street Sanitation 0 - Streets 011 - Collection of Refuse and Street Cleaning 110 - Salaries - Regular $700,900 021 - Administrative Services 110 - Salaries - Regular $ 5,000 121 - Acting Time $ 15 032 - Building and Fleet Maintenance 110 - Salaries - Regular $127,300 598 - Freeze Purchase of Services $100,000 40 - Department of Public Works 1 - Division of Engineering 015 - Repair and Construction of Other Public Improvements 112 - Temporary Services $253,500 114 - Overtime Pay $ 38,000 040 - Department of Audit and Control 001 - Comptroller 554 - Lease of Bldgs/Equip/Land $ 50,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 156 By: Mr. Collins Increased Appropriation Board of Education - Unreserved Fund Balance Board of Education - O & M Appropriations 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 - Board of Education be and the same hereby is increased in the sum of $31,182,995.06. That, the comptroller be and hereby is authorized and directed to transfer the sum of $31,182,995.06 from the Board of Education - Unreserved Fund Balance to meet this increased appropriation as set forth below: To: Board of Education Operation & Maintenance Budget $31,182,995.06 REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. No. 157 By: Mr. Collins Transfer of Funds Common Council - City Clerk Common Council - City Clerk - Exempt Items That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $10,000 be and the same is hereby transferred from the Common Council - City Clerk - Non Professional Personal Services Account, and said sum is hereby reappropriated as set forth below: From: 100 General Fund 01 - Common Council 1 - Division of City Clerk 001 - City Clerk 580 - Non Professional Personal Services $10,000 To: 100 General Fund 01 - Common Council 1 - Division of City Clerk 085 - Exempt Items 982 - Operating Equipment $10,000 PASSED. AYES- 13 NOES- 0. No. 158 By: Mr. Collins Consenting to Establishment of Capital Reserve Fund by the Board of Education for Building Projects Whereas, the Board of Education has approved a resolution on February 8, 1995 authorizing the establishment of a reserve fund to be known as the "Consolidated School/City Capital Development Fund Capital Reserve Fund" for the financing of reconstruction of and addition to existing school buildings and construction of new school buildings; and Whereas, pursuant to state law, the establishment of such reserve fund by the Board of Education is subject to consent of the Common Council; and Whereas, pursuant to state law, the Board Education shall make such classification of the funds under its management and control and of the disbursement of such funds, and shall furnish such data in relation to such funds and their disbursements as the City Comptroller shall require. THE COMMON COUNCIL OF THE CITY OF BUFFALO, THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES AS FOLLOWS; The Common Council hereby consents to the establishment by the Board of Education of a reserve fund to be known as he "Consolidated School/City Capital Development Fund Capital Reserve Fund" for the financing of reconstruction of and addition to existing school buildings and construction of new school buildings. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 159 By: Messrs. Collins and Franczyk Regulate Sale of Drug Paraphernalia Whereas: The sale of drug paraphernalia in neighborhood delicatessens is a growing concern in this community; and Whereas: In many of these stores of items such as rolling papers, pipes, and other materials used in the consumption of illicit drugs are sold in plain sight; and Whereas: Since many neighborhood stores serve as gathering places for local residents, the easy access of drug paraphernalia can serve to promote drug use and other illegal activities in the surrounding areas; and Whereas: This type of nefarious activity can lead to the deterioration and eventual destruction of a once-thriving neighborhood; and Whereas: Local merchants should take responsibility for the results of their actions, and government officials should provide proper oversight; Now, Therefore Be It Resolved: That the Corporation Counsel be requested to prepare legislation which would make the sale of drug paraphernalia illegal; and Be It Further Resolved: That the Corporation Council also be requested to prepare legislation mandating that, prior to license renewal, delicatessens undergo a police background check. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE CORPORATION COUNSEL. No. 160 By: Mr. Coppola Request Audit of Parking Ramps Whereas: This Common Council will begin deliberations shortly on the 1995-96 budget; and Whereas: It would be helpful if this Council had a current audit of all city-owned parking ramps for accurate revenue projection. Now Therefore Be It Resolved: That this Common Council requests that the Comptroller's office perform an audit of all city-owned parking ramps, and if one has recently been completed that it be supplied to this Council, so that it can accurately project revenues for the upcoming budget year. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. No. 161 By: Mr. Coppola County Assumption of Culturals Whereas: Erie County has made several suggestions for consolidation of services to help ease the city's financial burden; and Whereas: One of the proposals suggested that the County could assume the annual city subsidy to certain facilities housing regional cultural institutions; and Whereas: Two of the culturals -mentioned for assumption were Kleinhans Music Hall, with $205,000 for capital improvements and operating subsidy; and the Buffalo Zoo, with $136,000 in operating subsidy; and Whereas: This Common Council should go on record in support of Erie County's willingness to assume the annual city subsidy to these two facilities as they are not only regional, but world-wide attractions, and further requests that the County assume all future financial responsibility on a permanent basis. Now Therefore Be It Resolved That This Common Council supports Erie County's proposal to consolidate services by assuming all future financial responsibility for Kleinhans Music Hall and the Buffalo Zoo on a permanent basis. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 162 By: Mr. Czajka Establish City-wide Carbon Monoxide Task Force Whereas: The Common Council is presently in the process of developing legislation designed to address the problem of carbon monoxide poisoning; and Whereas: Carbon monoxide poisoning is a very serious health concern, and devising legislative remedies will require careful consideration and a balanced approach; and Whereas: There are some technical issues that have to be thoroughly examined in order to develop a method of dealing with carbon monoxide on the local level which is both practical and effective; and Whereas: The establishment of a task force on this subject would permit the Council to fully benefit from available expertise regarding carbon monoxide poisoning and related areas, and to allow for a coordinated effort in addressing this problem; Now, Therefore Be It Resolved: That this Common Council establish a city-wide Carbon Monoxide Task Force and charge it with: 1.) Helping develop legislation designed to address the problem of carbon monoxide poisoning; and 2.) Phasing in a carbon monoxide detector distribution program; and 3.) Developing a carbon monoxide poisoning education and prevention program; and 4.) Coordinating existing carbon monoxide programs that are sponsored by utility companies, Erie County, community organizations and other entities. Be It Further Resolved That: The Council President appoint this task force as soon as possible. ADOPTED. No. 163 By: Mr. Czajka Community Garden at 50-52 Zenner Street. Whereas: The Community Gardening program has been formed to provide support to urban residents interested in gardening and neighborhood beautification; and Whereas: The program seeks to take vacant city owned lots and turn them into blooming areas of flowers and vegetables- and Whereas: This program encourages community residents to care for and nurture small tracts of land that might otherwise be spots for illegal dumping; and Whereas: The program encourages cooperation among children, adults and seniors for the betterment of their neighborhoods; and Whereas: Vacant city owned property at 50-52 Zenner Street is currently being considered for use for the Community Gardening program; and Whereas: The Community Gardening program representatives are prepared to take out their own insurance to use these city owned lots. Now, Therefore, Be It Resolved: That this Honorable Body request the Division of Real Estate to authorize the use of 50-52 Zenner Street for the Community Gardening program for the period of one year, provided there is proof of insurance and any other conditions proscribed by the Law Department. PASSED. AYES- 13 NOES- 0. No. 164 By : Mr. Franczyk Payment of Certain Small Claims Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the subject claims are eligible for consideration under the said procedure; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof, Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the Judgment and Claims Account" in the Department of Law: 1. Todd Bentley Claim for loss of two garbage cans at 66 Gladstone. $28.00 2. Bitterman's Collision Claim for prior fiscal year Invoice #66557 for services rendered to the Police Department for detail car #29. $75.00 3. Dennis C. Bracco Claim for loss of garbage can at 502 Normal. $9.00 4. Buffalo Cardiology & Pulmonary Associates Claim for prior fiscal year invoice for services rendered to Police Officer David Hahn who required medical treatment for chest pains after moving boxes. The employee has returned to work $58.02 5. Buffalo General Hospital Claim for prior fiscal year invoice for services rendered to Firefighter Pasquale Pazzuti who required medical treatment when he fell on icy steps at an incident and hurt his back, etc. The employee has not returned to work he took a disability retirement. $54.00 6. Robert O. Erickson, D.O. Claim for prior fiscal year invoice for services rendered to Police Officer Dennis Williams who injured his right leg and lower back when he stepped into a hole by a manhole cover. The employee is now retired. $ 42.00 7. John A. Galantowicz Claim for loss of garbage can at 50 South Crossman. $7.50 8. Donna Hromchak Claim for loss of garbage can at 225 Norwalk Avenue. $8.00 9. Humboldt X-Ray Claim for prior fiscal year invoice for services rendered to Police Officer William Stenson who injured his right shoulder, lower back, neck, ankle and foot in an automobile accident. The employee has returned to work. $ 303.84 10. Dollena Miller Claim for loss of garbage cans at 725 Genesee Street. $23.00 11. Sisters Diagnostic Imaging Claim for prior fiscal year invoice for services rendered to Police Officer Daniel Smith who sprained his ankle chasing a suspect. The employee has returned to work. $ 25.54 12. James A. Smith Claim for prior fiscal year invoice for services rendered to Firefighter in Training Kim Kiszewski who twisted her ankle while running at the training academy. The employee was terminated on November 13, 1991. $ 109.61 13. Total Safety of New York, Inc. Claim for payment of prior fiscal year Invoice #14574 for services rendered to the Department of Audit and Control/Real Estate for the Monitor/Maintenance Lease for the month of June 1994. $98.00 14. University Radiologists Claim for prior fiscal year invoice for services rendered to Firefighter Calvin Tucker who fell down the stairs at quarters. The employee has returned to work. $ 109.73 15. Western New York Orthopedic Group Timothy Collard Claim for payment of two prior fiscal year invoices for Police Officers Marlin Hall and Thomas Vivian. Marlin Hall fell on the ice and injured his left knee. He has returned to work. Thomas Vivian injured his left shoulder when he slipped and fell on a fence. He has returned to work. $ 71.56 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES- 13 NOES- 0. No. 165 By: Mr. Franczyk Placing A Banner Near The Intersection of Court Street And Niagara Square For Meals On Wheels Volunteer Recruitment Drive Whereas: Meals on Wheels has long been a service to Buffalo and Erie County by providing daily hot meals to frail, homebound elderly; and Whereas: Meals on Wheels runs on the basis of a strong volunteer following; and Whereas: It is necessary to encourage new volunteers to keep the program alive; and Now Therefore Be It Resolved That: Meals on Wheels, of 775 Main Street, be allowed to erect a banner in the traffic circle near the intersection of Court Street and Niagara Square for the purpose of recruiting new volunteers; and Be It Finally Resolved That: The length of time and manner that this banner shall hang shall be governed by the established guidelines of the Public Works Department. PASSED. AYES- 13 NOES- 0. No. 166 By : Mr. Helfer Refund Certificate of Occupancy Fee Whereas: Mr. Cino, who resides at 190 University Avenue, owns a triple unit and a separate double unit on one lot at 872 West Avenue; and Whereas: A Certificate of Occupancy is required for the triple unit at 872 West Avenue at a cost of $75.00; and Whereas: The Department of Inspections inspected the triple unit to bring current the required Certificate of Occupancy and on the same day inspected the double unit; and Whereas: Mr. Cino paid $75.00 for the inspection and Certificate of Occupancy of the triple unit. However, the certificate was not issued due to an additional unpaid fee of $75.00 that was levied for the inspection of the double unit; and Whereas: Under current city ordinances a Certificate of Occupancy is not required for a building containing two dwelling units; and Whereas: The City of Buffalo, Department of Inspections and Community Revitalization held up the issuance of the Certificate of Occupancy until an additional $75.00 was paid for the two dwelling units; and Whereas: Mr. Cino paid the additional $75.00 in protest merely to obtain the Certificate of Occupancy for the building containing three dwelling units; and Whereas: Mr. Cino paid for The Certificate of Occupancy, number 08670, which only references the three dwelling units in the front building and does not reference the two unit dwelling units in the rear building; and Now Therefore Be It Resolved That: The Common Council request that the $75.00 additional fee be refunded to Mr. Cino, being that payment was not warranted under current city ordinances. REFERRED THE COMMITTEE ON FINANCE. No. 167 By: Mr. Helfer Parking - Memorial Auditorium Whereas: The Mayor's Advisory Committee for Persons with Disabilities discusses many issues affecting people with disabilities as well as discussing how to enforce statutes established by the Americans With Disabilities Act; and Whereas: At Memorial Auditorium, there are approximately 25 parking spaces allocated for individuals with disabilities; and Whereas: On almost a nightly basis there are cars parked illegally, without permits in said spaces that has resulted in the Committee receiving endless complaints; and Whereas: The Buffalo Police Traffic Division is responsible for upholding the New York State Vehicle and Traffic Law, Section 1203-b, Paragraph 2, through the issuance of tickets to ensure that the lot be kept available only for parking for disabled persons. Now, Therefore, Be It Resolved: That the Police Department report to this Council how they will resolve this problem; and Be It Further Resolved: That Parking Enforcement report to this Council on the ability to tag and tow these vehicles; and Be It Finally Resolved: That the Director of Parking Enforcement file with this Council a list of all persons, other than officers of the Buffalo Police Department and employees of the Parking Enforcement Division, that are permitted to tag vehicles parked illegally in the City of Buffalo, in areas designated for persons with disabilities. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 168 By: Mrs. LoTempio Salary Ordinance Amendment 50 - Department of Human Resources 5 - Division of Employment and Training 021 - Employment and Training The Common Council of the City of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 50-5-021 Department of Human Resources - Division of Employment and Training, is hereby amended to read the inclusion of 1 Director of Employment and Training $48,413 We, Michael V. Smith, Commissioner of Human Resources and James B. Milroy, Director of the Budget, hereby certify that the addition of one (1) Director of Employment and Training is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the amount set forth in the foregoing ordinance. That a personnel requisition incident to the 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 position. Approved as to Form Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE CIVIL SERVICE. No. 169 By: Mrs. Lotempio Salary Ordinance Amendment 40 - Department of Public Works 2 - Division of Buildings 031 - Operation and Maintenance of Public Buildings The Common Council of the City of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 40-2-031 Department of Public Works - Division of Buildings - Operation and Maintenance of Public Buildings which reads: 1 Supervisor of Maintenance II $29,510 - $34,584 is hereby amended to read: 2 Supervisor of Maintenance II $29,510 - $34,584 1 Asst Building Superintendent $31,050 - $36,322 We, Joseph Giambra, Commissioner of Public Works and James B. Milroy, Director of the Budget, hereby certify that the addition of one (1) Supervisor of Maintenance 11 and one (1) Assistant Building Superintendent 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, have been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. Approved as to Form Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 170 By: Mrs. LoTempio Ordinance Amendment Chapter 399 - Smoking The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 399 of the Code of the City of Buffalo be amended to read as follows: Section 399-18 Effective Date This Article shall become effective April 1, 1995. The provisions of this Article shall become effective January 1, 1996 for the following City Buildings: the Buffalo Convention Center, the Buffalo Memorial Auditorium, the Delaware Park Marcy Casino, Kleinhans Music Hall, the Lafayette Ice Rink, the downtown baseball stadium formerly known as Pilot Field and Shea's Buffalo Center for the Performing Arts. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. PASSED. AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12. NOES- BELL- 1. No. 171 By: Mr. Perla Permission to Erect Banners for the 1995 Commencement Ceremonies of D'Youville College Whereas: D'Youville College, 320 Porter Avenue, wishes to hang 56 banners from 24 various light standards, located on Niagara, Prospect Fargo, Porter and Connecticut Streets, which will read "D'Youville College-Educating For Life."; and Whereas: The banners will be hung on Niagara St light standards numbered 627 and 640 Prospect Ave. light standards numbered 493, 517, 552, 567, 576 and 591 Fargo Ave. light standards numbered 217, 230, 237, 240, 259 and 268. Porter Ave. light standards numbered 271, 284, 285, 312, 321, 328, 335 and 344. Connecticut St. light standards numbered 213 and 23 1. The banners will be hung approximately May 15th; and Whereas: A bond and insurance policy, naming D'Youville College the insured in the amount of one million dollars will be furnished prior to installation and will be in effect for the period the banners are hand Now, Therefore Be It Resolved That: D'Youville College be granted permission to erect said brewers at the aforementioned locations, for the time period stated, upon satisfaction of conditions set forth by the Department of Public Works. PASSED. AYES- 13 NOES- 0. No. 172 By: Mr. Perla Investigate Shooting at School 18 Playground Whereas: On April 17, 1995 a young man was shot in the face while at the School 18 playground on Hampshire St.; and Whereas: The assault, which left the victim in critical condition, was apparently precipitated by an earlier argument between the victim and his alleged assailant, both of whom are neighborhood residents; and Whereas: This incident has caused a great deal of concern and consternation in the surrounding community; and Whereas: There is particular concern that, with the summer rapidly approaching, there may be more such incidents of violence unless preventative action is undertaken; Now, Therefore Be It Resolved: That the Buffalo Police Department be requested to fully investigate the circumstances surrounding the shooting of a young man at the School 18 playground on April 17, 1995 and report the results to this Honorable Body. ADOPTED. No. 173 By: Mr. Pitts Authorizing Assignment of Certain Railroad Preferential Right to the Buffalo Urban Renewal Agency Whereas, pursuant to Section 18 of the Transportation Law of the State of New York, Conrail has notified the New York State Department of Transportation ("DOT") of its intent to dispose of certain parcels of land in the City of Buffalo, County of Erie and State of New York; and Whereas, in regard to such parcels, the DOT has opted not to exercise its preferential rights of acquisition under Section 18; and Whereas, the City of Buffalo has duly filed a claim to exercise such preferential right with respect to real property identified as Parcel 6, located at the comer of Columbia and South Park Avenue and bounded by Columbia and Baltimore Streets in the City of Buffalo, County of Erie and State of New York; and Whereas, pursuant to the Assignment and Authorization dated March 10, 1995, the City of Buffalo was in fact awarded such preferential right of acquisition; and Whereas, the City of Buffalo Urban Renewal Agency is also an eligible governmental agency which may exercise the State's preferential rights under Section 18; and Whereas, in furtherance of the Crossroads Arena Project, the City of Buffalo desires to assign its preferential right to acquire said real property to BURA; Now, Therefore, Be It Resolved That Pursuant to the Assignment and Authorization dated March 10, 1995 granting the State's preferential rights to acquire real property known and identified therein as Parcels 2, 4, 5, and 6, to the City of Buffalo, the City of Buffalo hereby authorizes the assignment of its preferential right of acquisition regarding Parcel 6 to BURA in accordance with and subject to the terms and conditions of the Assignment and Authorization dated March 10, 1995, further subject to acceptance thereof by BURA. PASSED. AYES- 13 NOES- 0. No. 174 By: Mr. Pitts Assist Benedict House in Relocating to 385 Elmwood Ave Whereas: For the past six years, Benedict House has been performing the courageous and difficult task of providing a residence for those living and dying with AIDS; and Whereas: Benedict House has been a good neighbor at its present cramped location at Plymouth and Jersey Streets and is a constructive member of the Kleinhans Community Association; and Whereas: Benedict House leaders would like to move to larger quarters at 385 Elmwood Avenue between Bryant and Summer Streets but are hindered by the cost of installing elevators in this three story building; and Now, Therefore, Be It Resolved That: This Common Council requests that $465,000 in Federal Emergency Shelter funds be appropriated to assist Benedict House in renovating 385 Elmwood for use as a residence for those living and dying with AIDS. Be It Finally Resolved That: The Common Council will hold a public hearing concerning this matter. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 175 By: Mr. Pitts Location for New Court Building Whereas: New York State has determined that Erie County needs to expand its court facilities; and Whereas: The County has retained the firm of Hamilton, Houston, Lownie to guide the court facilities master plan implementation project; and Whereas: There were 16 sites considered for new court facilities and it has recently been announced that the county has settled on a site at Church and Delaware near the entrance to the Skyway; and Whereas: The impact of the location of this $50 million facility on the health and cohesiveness of Buffalo's downtown must be a major consideration; and Whereas: A better site, described as the Fernbach site, exists on Court Street between Pearl and Franklin; and Whereas: The Fernbach site, which formerly housed the Denton, Cottier and Daniels store, is part of the downtown central core, whereas the Church Street site is in a marginal location and its impact would be to scatter the downtown population an further weaken downtown retail trade; and Whereas: Recent studies have noted that 80% of downtown workers will walk for only nine minutes (1,000 feet) to reach lunchtime retail facilities and this fact underscores the isolation of the Church Street site which is more than nine minutes from entrances to the Main Place Mall and even farther from most of the Main Street retail district; Whereas: Acquiring the Church Street site would be expensive, the site is windy and not well integrated with public transportation, and it is on a major intersection involving eight lanes of traffic, making it unsafe and uninviting for pedestrian travel; Now, Therefore, Be It Resolved That: This Common Council urges the County to give renewed consideration to the Fernbach site for the expansion of court facilities because this site would have a far more beneficial impact on the health of downtown; and Be It Further Resolved That This Common Council will hold a hearing to discuss the impact of the siting of the proposed new court facilities on the health of downtown Buffalo; and Be It Further Resolved That This Common Council directs the City Clerk to send certified copies of this resolution to County Executive Gorski and to the members of the Erie County Legislature. ADOPTED. No. 176 By: Mr. Pitts Reports of Possible Trade of Buffalo Cable System Whereas: The April 17, 1995 edition of Multichannel News, a prominent cable TV industry publication, reported that Tele-Communications Inc. and Time Warner Inc. are discussing a wide-ranging swap of cable systems; and Whereas: The billion-dollar trade is reportedly being seriously discussed in order to create large clusters that would provide economies of scale as the operators prepare to offer telephony and new media services; and Whereas: According to the article, TCI is willing to trade away its Buffalo system and Time-Warner is very interested in Buffalo, which is located close to Time Warner's Rochester system, one of Time Warner's "highest priority markets;" and Whereas: TCI has not informed the City of Buffalo about any such possible trade; Now, Therefore Be It Resolved: That TCI of New York be requested to report immediately on whether the April 17, 1995 MultiChannel News article about the possible trade of the Buffalo cable franchise is accurate; and Be It Further Resolved: That the Law Department be requested to file a written opinion on whether TCI can trade its Buffalo franchise to another operator without the permission of the City of Buffalo. ADOPTED. No. 177 By: Mr. Pitts Conduct Basic Rate Hearing Whereas: The City of Buffalo has been certified to regulate cable television rates on the basic tier of service; and Whereas: TCI of New York recently provided notification of a 40-cent increase in basic cable rates to be effective May 1995; and Whereas: A rate regulation proceeding has been commenced in accordance with the rules of the Federal Communications Commission and the New York State Commission on Cable Television; and Whereas: A public hearing is a necessary part of a rate making proceeding; Now, Therefore Be It Resolved: That a public hearing on TCI of New York's basic rate increase be scheduled for Thursday, May 18, 1995 at 7:00 PM in the Common Council Chambers in City Hall; and Be It Further Resolved: That the City Clerk be directed to advertise the hearing in accordance with federal regulations, and provide formal notice of the hearing to TCI of New York. ADOPTED. No. 178 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: Charles M. Swanick Alan D. Delmar Adele Sommer John V. Daleo Neil F. Hoffman Dennis J. Parrino Gregory B. Olma Matthew Van Vessem Mark G. Jaede Suzanne E. Zuchlewski Patricia A. Ziolkowski Laura L. Perfetto ADOPTED. No. 179 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: Heather Hoffman Basil Tzetzo Evelyn M. Pietrzak Donald Lieberman Paul A. Perla Judith C. Parrino Jerome Shadwick ADOPTED. UNFINISHED BUSINESS No. 180 Temp. closing of Fire Companies (Fire) (Item #59, C.C.P. Feb 7, 1995) (Item #13, C.C.P. Feb 23, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Zuchlewski. CARRIED. Mr. Pitts now moved that the above item be received and filed. Seconded by Mr. Perla. ADOPTED. No. 181 Salary Ordinance Amendment - Various Departments (Item #177, C.C.P. Feb 7, 1995) (Item # 9, C.C.P. Feb 23, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mrs. Lockwood CARRIED. Mr. Pitts now moved that the above item be received and filed. Seconded by Mr. Helfer. ADOPTED. No. 182 LDA and Construction Agreement Crossroads Arena Hearing (Item No. 89, C.C.P. 4/4/95) Mr. Pitts moved that Item No. 89, C.C.P. April 4, 1995, be taken from the Table. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Pitts, seconded by Mr. , the item is properly before the Common Council, and the hearing be opened. CARRIED. Appearances - Laurence Rubin, Atty. Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Coppola. CARRIED. REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE. No. 183 L.L. Intro 1-Targeted Early Retirement Incentive (Item No. 200, CCP, 4/4/95) Mr. Pitts moved to take from the table Item No. 200, CCP, 4/4/95 targeted early retirement incentive; seconded by Mrs. Williams. Carried. Mr. Pitts now moved the approval of the above item. Seconded by Mr. Czajka. PASSED. AYES- 13 NOES- 0. No. 184 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, April 25, 1995 - 9:00 A.M. Civil Service Tuesday, April 25, 1995 following Claims Finance Tuesday, April 25, 1995 - following Civil Legislation Tuesday, April 25, 1995 2:00 PM Econ Develop Wednesday, April 26, 1995, 10:00 AM U R Agency Wednesday, April 26, 1995 following Ec. Dev. Ancillary Committees Special Committee on Education Wed., April 19, 1995 10:00 A.M.- Rm. 1417 Summer Youth Employment T.F. Wed., April 19, 1995 11:30 A.M. - Rm 1417 Special Committee on Finance Wed., April 26, 1995 1:30 P.M. - Rm 1417 No. 185 Adjournment On a motion by Mr. Pitts, Seconded by Mrs. Lockwood the Council adjourned at 3:55 P.M. Charles L. Michaux, III City Clerk