The URL can be used to link to this page

Home My WebLink About95-0530 No. 11 Common Council Proceedings of the City of Buffalo Regular Meeting, May 30, 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, May 30, 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. Pitts, seconded by Mrs. LoTempio, the minutes of the stated meeting held on May 16, 1995, and the Special Session held May 22, 1995 were approved. FROM THE MAYOR No. 1 Appointment of Member to the Stadium & Memorial Auditorium Board Pursuant to the powers vested in me by Section 109A of the Charter of the City of Buffalo, I hereby appoint Anthony P. Costantino, residing at 42 Sagamore Terrace, Buffalo, New York 14214, as a member of the Stadium & Memorial Auditorium Board. Mr. Costantino's term is effective immediately and will expire June 30, 2000. Mr. Costantino is replacing Ledell (Lee) Smith, who has resigned. Anthony P. Costantino served as Deputy Fire Commissioner of the Buffalo Fire Department from 1965 to 1977. He received the Edward H. Butler Gold Medal for Bravery, and an award from the Spanish American Alliance for outstanding efforts during the "Blizzard of 77", and other meritorious awards. He is a former member of the Fire Department's Historical Society and Butler Mitchell Boys Club Alumni. I hereby certify that the above named individual is fully qualified to serve as a member of the Stadium and Memorial Auditorium Board. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 2 Re-appointment of Members to the Buffalo Sewer Authority Pursuant to the powers vested in me by Section 1 177 of the Public Authorities Law, I hereby re-appoint, subject to confirmation by Your Honorable Body, the following individuals to the Buffalo Sewer Authority: Herbert L. Bellamy, Jr. 43 Academy Rd, Buffalo, N.Y. 14211 Mr. Bellamy is being re-appointed for a term expiring June 30, 1998. The Rt. Rev. Msgr. St. Stanislaus R. C. Church John R. Gabalski 123 Townsend Street, Buffalo, N.Y. 14212 Msgr. Gabalski is being re-appointed for a term expiring June 30, 1998. I hereby certify that the above named individuals are fully qualified to serve as members of the Buffalo Sewer Authority. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 3 Amendments to Zoning Ordinance Item No. 218, C.C.P., 4/4/95 The issue concerning the over-saturation of social service agencies in areas of the City was brought to my attention by various citizens, community groups and elected officials, including Mr. Arthur and Mr. Pitts. As a result, I directed the Law Department to develop legislation requiring a restricted use permit for the establishment of these facilities in the City of Buffalo. The attached ordinance was developed by the Law Department with the assistance of area attorneys and input by concerned individuals. Through this process, the ordinance was subjected to comprehensive analysis and constructive criticism by all interests that may be affected by the legislation. I hereby submit the attached ordinance and strongly recommend its passage. It is my position that the legislation presents a rational balancing approach that addresses saturation concerns in areas where a facility may locate and recognizes the legitimate interests of the users and operators of such facilities. Mr. Arthur and Mr. Pitts have agreed to co-sponsor the ordinance. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 4 Conrail, 825 Ohio Street, Billboard Request Item No. 87, C.C.P., 2/21/95 The City Planning Board at its regular meeting of May 23, 1995, voted to receive and file the above-referenced item. This item was previously approved by your Honorable Body on April 4, 1995, Item No. 163. RECEIVED AND FILED. No. 5 Children's Hospital, Request to Rezone From R2 and R5 to a Special Development Plan Item No. 99, C.C.P., 4/4/95 The City Planning Board at its regular meeting held Tuesday. May 23, 1995, voted to receive and file the matter captioned above, since your Honorable Body has already approved the special development plan at your meeting of May 16, 1995. The Planning Board concurs with your approval inasmuch as our concerns for the proposed development have been satisfied by the special development plan. We look forward to helping you decide on the course of future development on the site. RECEIVED AND FILED. No. 6 Ellicott Lanes, Inc., Request to Install a Pole Sign at 325 Manhattan Street Item No. 112, C.C.P., 5/16/95 The City Planning Board at its meeting of May 23, 1995, considered the matter captioned above pursuant to section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to place an illuminated, accessory sign which will have a sign face area of thirty-four and a half (34.5) square feet. The sign will be 18 feet (181) in overall height. The site is located in a C2 zone which permits such signs. Under S.E.Q.R. , the sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign. RECEIVED AND FILED. No. 7 R. Rozwadowski, Request to Construct a Two-Story Addition to a Restaurant at 1735 Hertel Avenue Item No. 113. C.C.P., 5/16/95 The City Planning Board at its meeting held May 23, 1995, considered the matter captioned above pursuant to section 511-59, Restricted Uses in the Hertel Avenue Special Zoning District. The applicant seeks to construct a two-story addition to an existing sit-in restaurant. The proposed addition will contain approximately 630 square feet of gross floor area per story, for a total of 1260 square feet. When combined with the existing restaurant's gross floor area of 3,400 square feet, the total gross floor area of the restaurant will be approximately 4,660 square feet. The site is located in a C1 zone which permits such expansions and under S.E.Q.R. may be considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed addition while noting that the applicant has provided off-street parking spaces on adjacent lots, pursuant to the Buffalo Code. RECEIVED AND FILED. FROM THE COMPTROLLER No. 8 Certificate of Necessity Transfer of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $5,000 be transferred and reappropriated from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, May 25, 1995 RECEIVED AND FILED. No. 9 Certificate of Necessity Transfer of Funds Department of Assessment Department of Assessment - 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 $5,661 be transferred and reappropriated from the Department of Assessment as set forth below: Dated: Buffalo, NY, May 19, 1995 RECEIVED AND FILED. No. 10 Certificate of Necessity Transfer of Funds Department of Fire - Fire Headquarters and Station House Maintenance Department of Fire - Servicing Automotive Equipment 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 $7,850 be transferred and reappropriated from the Department of Fire- Fire Headquarters and Station House Maintenance as set forth below: Dated: Buffalo, NY, May 16, 1995 RECEIVED AND FILED. No. 11 Certificate of Necessity Transfer of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $35,000 be transferred and reappropriated from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, May 25, 1995 RECEIVED AND FILED. No. 12 Certificate of Necessity Transfer of Funds Exempt Items - Reserve for Capital improvement Capital Projects Fund - Division of Buildings We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $135,000 be transferred and reappropriated from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, May 25, 1995 RECEIVED AND FILED. No. 13 Certificate of Necessity Increase Appropriation Department of Public Works - Buildings, Revenues, Miscellaneous Department of Public Works - Division of Buildings We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $78,244 in the estimates for the fiscal year beginning July 1, 1994 is necessary in Appropriation Allotments - 402 - Department of Public Works, Division of Buildings- 021 Administrative Services 560 - Building Repairs & Alterations to meet R 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 $60,727 in the General Fund City Revenue account 100-402-402-90000 Division of Buildings, City Revenue, Miscellaneous not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Dated: Buffalo, NY, May 24, 1995 RECEIVED AND FILED. No. 14 Certificate of Necessity Increased Appropriation County Revenue - Erie County Sales Tax Various Departments, General City Charges 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 $3,689,580 in the estimates for the fiscal year beginning July 1, 1994 is necessary in Appropriation Allotments - Various Departments and General City Charges 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 $3,689,580 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, May 25, 1995 RECEIVED AND FILED. No. 15 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 one request for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $80,000 for Restoration of Monuments. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 200 Cap Proj 200-717-028 BAN/ Bond Sale $80,000 Mr. Pitts moved: That the communication from the Comptroller, dated May 24, 1995 be, received and filed; and That the Comptroller be, and he hereby is, authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $80,000 for Restoration of Monuments. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED. AYES- 13 NOES- 0. No. 16 Quarterly Financial Data This is to advise that a summary report of the Appropriation, Expenditure, Encumbrance and Revenue activity and Balance Sheets of the City of Buffalo General Fund for the period January 1 through March 31, 1995 have been delivered to the Common Council Chief-of-Staff Peter J. Savage. This is in response to your request for quarterly financial data. We have also submitted this data to the Budget Office and it is made available to departments and divisions individually in printed format and via their "on-line computer terminals." This approach has been utilized due to the size of the reports and limited budgetary resources. The Summary of Appropriation/Accounting Activity summarizes line item data by function within departments and divisions, and includes the General City Charges line accounts, i.e.: departments with an 81X identifier. The Summary of Revenue Report summarizes individual revenue accounting activity by department and division, and also summarizes all revenue activity by source (NYS, Federal, etc.). The Revenue activity for Department 810 - General City is included. The Balance Sheets reflect the City's assets, liabilities and fund equity for the period cited above. REFERRED TO THE COMMITTEE ON FINANCE. No. 17 Renewal Option Lease Agreement Between the City of Buffalo and Scrivner of New York, Inc. Item #153, C.C.P. October 4, 1983 Your Honorable Body authorized the lease agreement between the City of Buffalo and Scrivner of New York, Inc. for use of City-owned vacant land at 416 Kenmore Avenue, with the option to renew. This lease was for a five (5) year period commencing October 1, 1983 to September 30, 1988, with succeeding one (1) year renewal options thereafter. This office has received a request from Mr. Robert W. Smith, Vice President of Scrivner of New York, Inc. requesting to exercise their option to renew said lease for an additional one year period as stated in their lease agreement. The lessee has fully satisfied and complied with all provisions and terms of the lease. The renewal will be for the period of October 1, 1995 to September 30, 1996. This is their 8th renewal option of their lease agreement. The annual rental fee is $40.00. This Office recommends Your Honorable Body approve Scrivner of New York, Inc. to exercise their option to renew their lease for an additional one year term. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary lease renewal and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 18 Renewal Option Lease Agreement Between the City of Buffalo and South Buffalo Theater, Inc. Item #21, C.C.P. March 13, 1990 Your Honorable Body authorized the lease agreement between the City of Buffalo and the South Buffalo Theater, Inc. for use of the Auditorium and Rooms 105, and 227 at former School 29, 2193 South Park Avenue, with the option to renew. This lease was for a period commencing March 1, 1990 to February 28, 1991. This office has received a request from Mr. John Fanning, President of the South Buffalo Theater, Inc. requesting to exercise their option to renew said lease for an additional one year period as stated in their lease agreement. The lessee has fully satisfied and complied with all provisions and terms of the lease. The renewal will be for the period of March 1, 1995 to February 28, 1996. This is their 5th renewal option of their lease agreement. The annual rental fee is $1.00. This Office recommends Your Honorable Body approve the South Buffalo Theater, Inc. to exercise their option to renew their lease for an additional one year term. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary lease renewal and that the Mayor be authorized to execute the same. Mr. Pitts moved: That the communication from the Comptroller, dated May 10, 1995, be received and filed; and That the Comptroller be, and he hereby is, authorized to renew the lease between the City of Buffalo and South Buffalo Theater, Inc., for an additional one year period, to commence on March 1, 1995 and ending on February 28, 1996. That the Corporation Counsel shall prepare the necessary lease renewal and that the Mayor be authorized to execute the same. PASSED. AYES- 13 NOES- 0. No. 19 Result of Negotiations 162 Monroe, W 91.60' S William Vacant Lot: 26' x 54' Assessed Valuation: $1,000 Item No. 14, C.C.P. 1/24/95 In the above referenced item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Ms. Patricia E. Colvin of 517 William Street, Buffalo, New York 14206 to purchase the above captioned City-owned property. The subject property is adjacent to Ms. Colvin rear property line and she is purchasing the property for yard expansion. An independent appraisal of the property was conducted by Mr. Dennis R. Walker, Appraiser, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New York 14209. He has estimated the fair market value of the property to be Two Hundred and Fifty Dollars ($250.00). This represents approximately Sixteen Cents (.16) per square foot for the subject property. The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range from Sixteen Cents (.16) per square foot to Twenty-Six (.26) per square foot. The results of our negotiations are that Ms. Patricia Colvin has agreed and is prepared to pay Three Hundred Dollars ($300.00) for the subject property. This represents approximately Twenty-One Cents (.21) a square foot for the subject property. She has also agreed to pay for the cost of the appraisal, recording fees, transfer tax and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 162 Monroe to Ms. Patricia Colvin in the amount of Three Hundred Dollars ($300.00). 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. Mr. Pitts moved: That the communication from the Comptroller, dated May 18, 1995, be received and filed; and That the offer of Ms. Patricia E. Colvin, 517 William Street, Buffalo, NY 14206, in the sum of $300.00 (Three Hundred Dollars) to purchase the property described as 162 Monroe, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. PASSED. AYES- 13 NOES- 0. No. 20 Outstanding Accounts Receivable for Booth Oil Company: CCP 2/21/95, Item #22 CCP 2/21/95, Item #47 CCP 5/2/95, Item #162 Regarding the subject matter cited, your Resolution #162 of 5/2/95 was to receive and file, and the Council action was "Adopted.' A prerequisite to abatement is Common Council passage of the introductory Resolution. Please review your prior action and approve the following Resolution. That the Comptroller is hereby authorized to charge the appropriate accounts to abate the outstanding accounting receivable for Booth Oil Company, since such amounts are uncollectible because they have been deemed unsecured debts in bankruptcy. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. FROM THE COMMISSIONER OF ASSESSMENT No. 21 Certiorari Proceedings 928 and 938-942 Broadway The owner of 928 and 938-42 Broadway, Orange Valley Associates, instituted certiorari proceedings regarding the assessment for the fiscal year 1994-95 (taxable status date December 1, 1993). Subsequently, in June, 1994, 938-942 Broadway was sold at county tax foreclosure sale to the One in Christ Interdenominational Church for $17,000. However, Church officials did not realize that the City tax lien took effect after the sale and that the Church would be liable for the full amount of 1994-95 taxes on an assessment of $395,000. Ordinarily nothing can be done about this kind of situation. Because of the outstanding tax certiorari case on the property, however, it is possible to relieve the burden on the Church. The new owner, the Church, is agreeable to a settlement by which the assessment would be reduced the purchase price of $17,000. The Church is willing to pay the City taxes due on that amount. Meanwhile, the Church has obtained a religious exemption on the property for 1995-96. The proposed settlement is subject to the approval of Your Honorable Body. I thereby request that the Corporation Counsel be authorized and directed to settle the 1994-95 certiorari proceeding on 928 and 938-942 Broadway by reducing the assessment on 938-942 Broadway from $395,000 to $17,000. REFERRED TO THE COMMITTEE ON FINANCE. No. 22 Liquor License Requests Item No. 86, C.C.P. 05/16/95 We reviewed our tax files to determine if the individuals and/or corporations applying for a liquor license owe real property tax, newer rent, local assessment and occupancy tax. Please be advised of the following: 51 Broadway is assessed to 6253 Group, Inc., 210 Ellicott Square, Buffalo, NY. The City tax, newer rent and occupancy tax are paid. Under the applicants name, Carl Paladino, we find ownership in the City of Buffalo for the following properties: 166 Broadway 1541 Seneca 267 Broadway 1561 Seneca 269 Broadway 439 Swan 249 Broadway 441 Swan 608 Broadway 477 Swan 549 Michigan 505 Swan 555 Michigan 509 Swan 309 Niagara Under the applicants business name of J-P Group, we find ownership in the City of Buffalo for the following properties: 3045 Bailey 1102 Kensington 307 Breckenridge 635 Michigan 1017 Broadway 901 Michigan 1018 Broadway 979 Michigan 1040 Broadway 1140 Michigan 736 Delavan East 511 Niagara 330 Dingens 220 Ohio 284 Ferry West 529 Swan 1339 Fillmore 242 William 91 Grant For all the above listed parcels, the City taxes, newer rent and occupancy tax are paid. 62 Virginia Street, also owned by J-P Group, shown the following City tax and sewer rent unpaid as of May 19, 1995: 1992-93 City Tax and Sewer Rent $70.71 (Interest computed an of May 31, 1995.) This parcel is presently on foreclosure action In Rem 29, Serial 128. A foreclosure fee of 4325 is also owing. We do not show a local assessment for any of the above listed parcels. We do not show ownership of property in the City of Buffalo under the applicants other business name of BAP Group, Inc. d/b/a Win-Hart. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 23 Extension of Time on Contract Small Animal Shelter 380 Oak Street In accordance with the terms of the contract between the City of Buffalo and the following contractors the work on the above project should have been completed by May 5, 1995 for Fountain Construction and April 5, 1995 for all other contractors. Due to a delay in the issuance of building permits these contractors could not complete the work of their contracts on time. This is the first extension of time on this project. I have granted an extension of time to June 16, 1995 for the following contractors: C-91796200 - Fountain Construction Co. C-91794600 - M.K.S. Plumbing C-91794500 - Grand Island Electric C-91794700 - Buffalo Sheet Metals REFERRED TO THE COMMITTEE ON FINANCE. No. 24 Resumption of Work Striping of City Streets - 1994 Item #31, C.C.P., 12/27/94 This is to notify Your Honorable Body, that as requested by Accent Stripe, Inc., all construction work on City Contract "Striping of City Streets - 1994" will resume as of May 31, 1995. REFERRED TO THE COMMITTEE ON FIANCE. No. 25 Notification Serial #8511 Install Stop Sign in Benzinger Street at King 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 SIGN VEHICLES ON STOP BEFORE ENTERING Benzinger Street King Street These two streets form a "T" intersection which is presently uncontrolled. This action shall provide the necessary traffic control for this intersection. Notification Serial #8512 Install Stop Sign in Ideal Street at King 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 SIGN VEHICLES ON SHALL STOP BEFORE ENTERING Ideal Street King Street These two streets form a "T" intersection which is presently uncontrolled. This action shall provide the necessary traffic control for this intersection. Notification Serial #8513 Install Stop Sign in Longnecker Street at King 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 SIGN VEHICLES ON SHALL STOP BEFORE ENTERING Longnecker Street King Street These two streets form a "T" intersection which is presently uncontrolled. This action shall provide the necessary traffic control for this intersection. Notification Serial #8514 Install Stop Sign in Greene Street at King 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 SIGN VEHICLES ON SHALL STOP BEFORE ENTERING Greene Street King Street These two streets form a "L" intersection which is presently uncontrolled. This action will provide the necessary traffic control for this intersection. Notification Serial #8515 Install Stop Sign in King Street at Greene 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 SIGN VEHICLES ON SHALL STOP BEFORE ENTERING King Street Greene Street These two streets form a "L" intersection which is presently uncontrolled, This action shall provide the necessary traffic control for this intersection. Notification Serial #8516 Install Permissive Parking on Broadway, north and south sides between Ellicott Street and Oak Street PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PERM. PKG LOCATION PERMISSIVE PKG - DAILY Broadway, north and south 2 hr pkg 7: 00 a. m. - 7: 00 p. m. sides between Ellicott Street Except Sunday and Oak Street This action is being taken to provide consistency with current field conditions and to update our records Notification Serial #8517 Repeal of Permissive Parking on Broadway, south side between Michigan Avenue and Archie Street PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following. PERMISSIVE PARKING PERM PKG LOCATION PERMISSIVE PARKING - DAILY Broadway, south side 1 hour parking 7: 00 a. m. - 7: 00 p m between Michigan Avenue Except Sunday and Archie Street This action is being taken to provide consistency with current field conditions and to update our records. Currently, there are no posted parking restrictions in this area and our recent study finds this "parking scheme" to be working effectively. Notification Serial #8518 Repeal of Permissive Parking on Broadway, north side between Milnor Street and Jefferson Avenue PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERM. PKG LOCATION PERMISSIVE PARKING - DAILY Broadway, north side 2 hour parking 7: 00 a.m. - 7: 00 p.m. between a point 25' + Except Sunday east of the east curb line of Milnor Street extended and Jefferson Avenue This action is being taken to provide consistency with current field conditions and to update our records. Currently, there are no posted parking restrictions in this area and our recent study finds this "parking scheme" to be working effectively. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 26 Report of Bids For the Erie Basin Marina Roof Repair Item No. 30, C.C.P. 10/04/94 As authorized and directed by your Honorable Body in Item No. 30, C.C.P. 10/04/94, 1 have advertised and received bids on May 17, 1995 for the Erie Basin Marina Roof Repair Project. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and materials which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be more or less than the total bid. the following bids were received: Contractor Base Bid Alternate Bid All-Weather Contr., Inc. $46,116.00 $48,116.00 (low) Progressive Roofing, Inc. $53,500.00 $61,500.00 Gerald T. Stay Co., Inc. $86,000.00 $92,600.00 I hereby certify that the lowest responsible bidder for the above project is All-Weather Contractors, Inc., and I respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to the Division of Engineering Bond Fund 200-401-532 in the amount of $48,116.00, plus approved unit prices for an additional amount of $4,811.60 for a total encumbrance of $52,927.60. The engineers estimate for this work is $50,000.00. The above is certified to be a true and correct statement of the bids received. Under the provisions of the General Municipal Law any of the bidders may withdraw his bid if the award of this contract is not made by July 3, 1995. Individual bid submissions are available in our office for inspection and copies are available upon request. REFERRED TO THE COMMITTEE ON FINANCE. No. 27 Report of Bids Ken-Bailey Recreation Center 2777 Bailey Avenue I advertised for on May 11, 1995 and received the following sealed proposals which were publicly opened and read on May 23, 1995. Alternate No. 1 - was an add to install electrically operated gym walls. Alternate No. 2 - was an add to install 132 lockers for the Police Department. Alternate No. 3 - was an add to remove two (2) 1,000 gallon underground petroleum storage tanks. I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction Work - Nichter Construction in the amount of $3,082,000 Base Bid plus Alt. No. 1- $42,000, No. 2- $22,000, and No. 3- $5,000 for a total of $3,151,000. HVAC Work - Buffalo Sheet Metal in the amount of $340,000. Electrical Work - Frey Electric Construction Co. in the amount of $327,000. Plumbing Work - in the amount of $238,598, I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work are in B/F 200-402-022 - Division of Buildings. Total Estimate for this work was $4,200,000. REFERRED TO THE COMMITTEE ON FINANCE. No. 28 Report of Bids The Construction of Curb, Sidewalk & Pavement in the Fillmore District Group #392 Item No 31, C.C.P. 2/21/95 This is to advise your Honorable Body that I have advertised and received bids on May 17, 1995 for The Construction of Curb, Walk & Pavement in the Fillmore District. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Unit Price Base Bid Increase Destro Bro. Concr Co., Inc .$ 98,037.75 $133,000.00 Mazzini Constr. Co., Inc. $100,213.60* $135,175.85 M.P.J. Contracting, Inc. $110,683.80 $145,646.05 Cemulini-Pecoraro Constr., $128,066.30* $163,028.55 Master's Edge, Inc. $141,955.00 $176,917.25 *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is Destro Brothers Concrete Company, Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #200-401-017-00-000 in an amount of $98,037.75, plus approved unit prices not to exceed $34,962.25, for a total encumbrance of $133,000.00. The engineer's estimate for this work is $140,602.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by July 3, 1995. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Pitts moved: That the communication from the Department of Public Works, dated May 22, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the construction of curb, sidewalk and pavement in the Fillmore District - Group #392 to Destro Brothers Concrete Company, Inc., the lowest responsible bidder in the amount of $98,037.75 plus approved unit prices not to exceed $34,962.25, for a total encumbrance of $133,000.00; with said cost to be charged against the Capital Projects Fund #200-401-047-00-000. PASSED. AYES- 13 NOES- 0. No. 29 Report of Bids The Construction of Curb & Sidewalk at Stevenson Street Seneca Street to North Legion Drive Group #393 Item No. 32, C.C.P. 02/21/95 This is to advise your Honorable Body that I have advertised and received bids on May 10, 1995 for the Construction of Curb & Sidewalk at Stevenson Street. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received Unit Price Base Bid Increase Destro Bro. Concr. Co., Inc. $ 63,780.00 $ 80,000.00 M.P.J. Contracting, Inc. $ 68,539.00 $ 84,759.00 M. Passucci Const., Inc. $ 76,785.00 $ 93,005.00 A.B.P. Concr. Constr., Inc. $77,682.60* $ 93,902.60* Cemulini-Pecoraro Constr. $84,490.00 $100,710.00 *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is Destro Brothers Concrete Co., Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #200-401-017-00-000 in an amount of $ $63,780.00, plus approved unit prices not to exceed an additional amount of $16,220.00, for a total encumbrance of $ 80,000.00. The engineer's estimate for this work is $ 100,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by June 26, 1995. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Pitts moved: That the communication from the Department of Public Works, dated May 17, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the construction of curb and sidewalk at Stevenson Street - Seneca Street to North Legion Drive - Group #393 to Destro Brothers Concrete Company, Inc., the lowest responsible bidder in the amount of $63,780.00 plus approved unit prices not to exceed $16,220.00, for a total encumbrance of $80,000.00; with said cost to be charged against the Capital Projects Fund #200-401-017-00-000. PASSED. AYES- 13 NOES- 0 No. 30 Report of Bids Roof Reconstruction Delaware Park Labor Center I advertised for on May 9, 1995 and received the following sealed proposals which were publicly opened and read on May 23, 1995. Jos. A. Sanders Inc. 149,890 Grove Roofing Co. 169,300 All Weather Contractors, Inc. 174,734 McGonigle & Hilger Roofing 177,503 Jameson Roofing 178,671 I hereby certify that the foregoing is a true and correct statement of all bids received and that Jos. A. Sanders Inc. in the amount of $149,890 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for the work will be available in B/F 200-402-081 - Division of Buildings. Estimate for this work was $145,000.00. Mr. Pitts moved: That the communication from the Department of Public Works, dated May 23, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for roof reconstruction - Delaware Park Labor Center to Jos. A. Sanders Inc., the lowest responsible bidder in the amount of $149,890; with said cost to be charged against the B/F 200-402-081 - Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 31 Permission to Prepare Plans & Specifications and Advertise for Proposals for the Construction of Curb, Sidewalk and Paving of Sayre Street in the North District Group #395 Item No. 6, C.C.P. 5/2/95 I hereby request permission from Your Honorable Body to prepare plans, specifications and advertise for sealed proposals for the Construction of Curbs, Sidewalks and Paving of Sayre Street in the North District, Group #395. The project will include the following: 1. Construction of concrete curb the full length of Sayre Street. 2. Construction of sidewalk both north and south sides of Sayre Street. 3. The repaving of Sayre Street from Military Road to the Westerly end. This project was approved as part of the 1994-1995 Capital Improvements Budget. These bonds have not been scheduled to be sold but the comptroller has advised that he will forward an interfund loan transfer so that this project can proceed in a timely manner. The interfund loan will be transferred to the Capital Projects Fund #200401-017-00-000. Mr. Pitts moved: That the communication from the Department of Public Works, dated May 22, 1995, be received and filed; and That the Commissioner of Parks be, and he hereby is, authorized to prepare plans and specifications, advertise for sealed proposals for the Construction of Curb, Sidewalk and Paving of Sayre Street in the North District. ADOPTED. No. 32 Permission to Engage Consultant Carnevale Center 118 East Utica Street I respectfully request Your Honorable Body's permission to engage an Architectural/Engineering consultant to prepare plans and specifications, advertise and receive sealed proposals for the Reconstruction of the Carnevale Center, 118 East Utica Street, Buffalo, New York. Funds for this consulting work are available in Capital Project Fund 200-402-040. REFERRED TO THE COMMITTEE ON FINANCE. No. 33 Sell Advertising Space-Ferry St. Bridge Item #46, C.C.P., May 16,1995 We at the city Commerce Office have been trying to build new partnerships, sponsorships and find new revenue. One way has been to look at the Ferry Street Lift Bridge Counterweight. To answer some questions regarding the sale of the advertising. 1. What is the name of the party who will be doing the advertising? Teds Hot Dogs is will to advertise on the counterweight facing north. 2. Will the sign be painted or mounted? The sign will be painted. 3. After the terms of the lease, who will remove the advertising? It will all be built into the cost of production to the advertiser. 4. Will it be lighted? No. 5. The contract must be written to the Department of Public Works with Department of Public Works conditions. That will be fine, we should get together with Mike Risman to work out the contract for Teds or any other potential company that may want to advertise in the future. As for the information you don't know: Teds Hot Dogs will pay the City of Buffalo $2500. per month for the one side. They also will pay for the production of the ad. Any further questions please call David Vanini at 851-5251. REFERRED TO THE COMMITTEE ON FINANCE. No. 34 Restaurant/Dancing Class III 325 Fuhrmann (Inside) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for Restaurant/ Dancing Class III located at 325 Fuhrmann (Inside) and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant/Dancing Class III is being sought and according to the attached reports from the Fire Department and the Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Gene Vitagliano. The report from the Police Department recommending approval is attached hereto for the Pier at 325 Fuhrmann (Inside). This request is submitted for your consideration and whatever action you deem appropriate. Mr. Pitts moved: That the communication from the Department of Public Works dated, May 12, 1995 be received and filed; and That pursuant to Chapter 150 of the Ordinances of the City of Buffalo, the Director of Licenses and Permits is hereby authorized to issue a Restaurant/Dancing Class III License to Gene Vitagliano, proprietor of 325 Fuhrmann (Inside) d/b/a The Pier, 325 Fuhrmann Blvd. PASSED. AYES- 13 NOES- 0. No. 35 Restaurant/Dancing Class III 325 Fuhrmann (Outside) Pursuant to Chapter 150 of the City of Buffalo ordinances, please be advised that I have examined the attached application for Restaurant/ Dancing Class III located at 325 Fuhrmann (Outside) and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant/Dancing Class III is being sought and according to the attached reports from the Fire Department, and the Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Gene Vitagliano. The report from the Police Department recommending Approval is attached hereto for the Pier at 325 Fuhrmann (Outside). This request is submitted for your consideration and whatever action you deem appropriate. Mr. Pitts moved: That the communication from the Department of Public Works dated, May 12, 1995 be received and filed; and That pursuant to Chapter 150 of the Ordinances of the City of Buffalo, the Director of Licenses and Permits is hereby authorized to issue a Restaurant/Dancing Class III License to Gene Vitagliano, proprietor of 325 Fuhrmann (Outside) d/b/a The Pier, 325 Fuhrmann Blvd. PASSED. AYES- 13 NOES- 0. No. 36 Restaurant/Dancing Class III 140 Main Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for Restaurant/ Dancing Class III located at 140 Main and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant/Dancing Class III is being sought and according to the attached reports from the Fire Department and the Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of David Boldt. The report from the Police Department recommending approval is attached hereto for the Aud Club at 140 Main. This request is submitted for your consideration and whatever action you deem appropriate. Mr. Pitts moved: That the Communication from the Commissioner of Public Works dated May 12, 1995 be, and hereby is, received and filed; and that pursuant to Chapter 150 of the Ordinances of the City of Buffalo, the Commissioner of Public Works be, and he hereby is, authorized to grant a Restaurant Dancing Class III license to David Bolt for 140 Main. PASSED. AYES- 13 NOES- 0. No. 37 45 West Chippewa Street Requests Permission to Install Sidewalk Cafe Mr. Michael Wilk, owner of The Concrete Cafe, located at 45 West Chippewa, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The proposed cafe would measure twenty-eight feet (281) in length and project seven feet (71) from the building face into City right-of-way. The Department of Public Works has reviewed Mr. Wilk'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 twenty-eight feet (281) in length or extend more than seven feet (71) 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 I 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 Commissioner of Public Works dated May 25, 1995 be, and hereby is, received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a "mere license" to Mr. Michael Wilk, owner of The Concrete Cafe, located at 45 West Chippewa, to install a sidewalk cafe which would encroach City right-of-way at said address, subject to the conditions as listed in the above communication. PASSED. AYES- 13 NOES- 0. No. 38 622 Main Street Requests Permission to Install Sidewalk Cafe Ms. Sonia F. Badawy, owner of Sue's Deli, located at 622 Main Street, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The proposed cafe would measure fifty-nine and one-half feet (59.51) in length and project ten feet (101) from the building face into City right-of-way. The Department of Public Works has reviewed Ms. Badawy'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 fifty-nine and one-half feet (59.51)in length or extend more than ten feet (101) 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 Commissioner of Public Works, dated May 26, 1995, be received and filed and That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Ms. Sonia F. Badawy, owner of Sue's Deli, located at 622 Main Street, to install a sidewalk cafe which would encroach City right-of-way at said address, subject to the conditions as listed in the above communication. PASSED. AYES- 13 NOES- 0. No. 39 477 Elmwood Avenue Requests Permission to Install Sidewalk Cafe Mr. Joseph Jacobi, owner of Casa DiPizza, located at 477 Elmwood, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The proposed cafe would measure twenty feet (20') in length and project six feet (61) from the building face into City right-of-way. The Department of Public Works has reviewed Mr. Jacobi'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 twenty feet (201) in length or extend more than six feet (61) 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 TX, 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 us an Mr. Pitts moved: That the communication from the Commissioner of Public Works, dated May 23, 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. Joseph Jacobi, owner of Casa DiPizza, located at 477 Elmwood, to install a sidewalk cafe which would encroach City right-of-way at said address, subject to the conditions as listed in the above communication. PASSED. AYES- 13 NOES- 0. No. 40 62 Allen Street Requests Permission to Install Sidewalk Cafe Mr. Robert Curreri and Ms. Paula Danilowicz, owners of Fiddleheads Restaurant, located at 62 Allen Street, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The proposed cafe would measure twenty-six feet (261) in length and project four feet (41) from the building face, three (31) of which will encroach into City right-of-way. The Department of Public Works has reviewed this 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 twenty-six feet (261) in length or extend more than four feet (41) 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. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 41 141 Bidwell Parkway Requests Permission to Install Sidewalk Cafe Mr. Dave Cosentino, owner of Caffe Aroma, located at 141 Bidwell Parkway, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The proposed cafe would measure twenty feet (201) in length and project eight feet (81) from the building face into City right-of-way. The Department of Public Works has reviewed Mr. Cosentino'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 twenty feet (201) in length or extend more than eight feet (81) 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. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 42 Liquor License Applications Item #86, C.C.P. 5/16/95 In regards to Item #86, C.C.P. 5/16/95 applications for Restaurant and Cooked Meat were mailed to BAP Group Inc. d/b/a Win-Mart, 51 Broadway. REFERRED TO THE COMMITTEE ON FINANCE. No. 43 Certificate of Appointment Appointment effective May 11, 1995 in the Department of Public Works, Division of Buildings, Richard A. Sacco, 33 Parkview Place, Buffalo 14210 to the Position of Assistant Building Superintendent, Provisional, at the Intermediate Starting Salary of $33,643. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CIVIL SERVICE COMMISSION. FROM THE COMMISSIONER OF POLICE No. 44 B. Turner - Offer Property Police Dept. This is currently under consideration by The Council Committee on Police Reorganization and the Police Department Administration. REFERRED TO THE COMMITTEE ON FINANCE. No. 45 Fully Executed Drug Interdiction Points of Entry Contract 194-195 Item #82, 01-10-95 For your information, please be advised that the Drug Interdiction/Points of Entry Program Contract between the City of Buffalo and the New York State Division of Criminal Justice Services for the project period December 1, 1994, through November 30, 1995, has been fully executed in the amount of $157,500. As is our standard practice, a copy of this contract is on file in the Department of Administration/Finance (Budget), the Division of Audit/Accounting, and in the Division of Administration/Communications (Buffalo Police Department). We have also notified the Central Grants Office. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. No. 46 Reports of Audits Police Officers and Firefighters Injured In the Line of Duty This report will constitute the Department's response to the Audit of Injured on Duty Police Officers. Recommendation #2 - The Department does bring officers back to work on "light duty" and periodically evaluates their status. The Department has no authorized light duty positions nor should it create them, since the goal is to not have new bargaining unit positions for police officers that does not involve police duty. Recommendation #3 - Constant attention to IOD cases by the department is not possible. This is the very purpose of contracting to medical experts for review of injury cases since that knowledge does not exist within the Department. Recommendation #4 - Confinement checks are done on a random, not a regular, basis because we do not have sufficient personnel to devote to this. We are enlisting supervisors to make periodic checks of personnel. It should be noted that the use of confinement for sick and injured cases is one that has been shown to not only be ineffective but reduces morale and is not in use in most cities. Recommendation #5 - We are unable to transfer IOD cases due to the PBA contract. Recommendation #6 - We would certainly work with the Department of Law on this. Recommendation #7 - Again, the department would cooperate with the Department of Law on this. Recommendation #8 - The department will make sure that the Department of Law is informed on IOD cases. The Department of Law has always been informed about accident cases. Recommendation #9 - The department has little input on the Federal and State Tax laws. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF FIRE No. 47 Personal Leave Time On Holidays Under terms of their employment, members of the Buffalo Fire Department receive forty-eight (48) hours of straight time pay for twelve (12) holidays. They often take personal leave time on these same holidays. I am in agreement with Labor Relations that these practices cannot be changed without negotiating with the firefighters' union. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 48 Firefighters - Injured In The Line of Duty Item No. 16, C.C.P. 05/16/95 In all cases where it is medically possible, injured firefighters are ordered back to work in a light duty status. The Buffalo Fire Department is currently negotiating with firefighters union to develop standards of weight in conjunction with age and height of its members. Most firehouses have been issued exercise and weight training equipment and nationally recognized methods of training have been recommended to help personnel maintain fitness. In addition we are developing a calisthenics program for recommendation to the firefighters. The Deputy Commissioner of Internal Affairs has been particularly alert to the recommendations of the City Comptroller with regard to ILOD (injured in the line of duty). Since the creation of Internal Affairs on July 1, 1995 the UOD rate has dropped by 33%, and the sick rate has dropped by 75%. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 49 Temporary Closing of 2 Firehouses The Commissioner of Fire, under Article 13, Section 263 of the Ordinance and Code of the City of Buffalo, requests approval to close up to two (2) fire companies on each shift for a period of eight (8) months beginning July 1, 1995 for the purpose of reducing overtime. Mr. Pitts moved: That the communication from the Commissioner of Fire, dated May 23, 1995, be received and filed; and That the Commissioner of Fire be, and he hereby is, granted permission to close up to two (2) fire companies on each shift for a period of eight (8) months beginning July 1, 1995 for the purpose of reducing overtime. ADOPTED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS- 12. NOES- ZUCHLEWSKI- 1. FROM THE CORPORATION COUNSEL No. 50 Waiving Interest Charges 998 Clinton Street and 12 Metcalfe Street Item No. 74, C.C.P., 5/2/95 You have asked the Law Department whether the interest charges incurred by Max Brock Co., Inc. ("Brock") for 998 Clinton Street and 12 Metcalfe Street should be waived. Waiving the interest charges would be a gift of public funds pursuant to Article VII, Section 8 of the Constitution of the State of New York. The interest is a debt duly owed to the City of Buffalo. The City could render the interest charges void if there were irregularities in the proceeding that ordered the assessment as set forth in Section 544 of the Charter of the City of Buffalo. However, in this instance, there are no such irregularities. Brock was delinquent in paying the taxes and accordingly accrued interest during that delinquency period. The City of Buffalo was in no way in error in the assessment of these taxes and cannot take responsibility . The interest charges of Max Brock Co., Inc for 998 Clinton Street and 12 Metcalfe Street should not be waived. REFERRED TO THE COMMITTEE ON FINANCE. No. 51 Waiving Towing Charge- Theodore R. Bryant, Sr. Item No. 75, C.C.P., 5/2/95 You have requested a response from the Law Department regarding the request from Mr. Theodore R. Bryant, Sr. to waive towing charges assessed against him. Though we are sympathetic to the plight of Mr. Bryant, the assessment made against him was properly ordered. There are no extraordinary circumstances in this instance to justify waiving the assessment. It would set a precedent exposing the City's finances if a waiver was granted in this instance. The towing charge of Theodore R. Bryant, Sr. should not be waived. RECEIVED AND FILED. No. 52 Weed and Seed Program Please find attached a proposed Agreement between the United States Attorney's Office and the City of Buffalo. The Agreement relates to seizure of real property by the Federal Government as part of the "Weed and Seed" Program. The purpose of the program is to reduce drug activities in neighborhoods. Under the proposed Agreement, the City of Buffalo would maintain the properties during the pendency of seizure proceedings in Federal Court. Thereafter, with the approval of City Departments, title to the properties will be transferred to the City of Buffalo for use in community based activities. The program will involve the Buffalo Police Department, the Department of Inspections and Community Revitalization and the Division of Real Estate. Representatives of these three departments and the Law Department were involved in negotiating the language in the proposed contract. A similar agreement was entered into and implemented by the City and the United States Attorney between 1992-1994. The previous Agreement expired. As a result, a new Agreement is necessary. On behalf of the Police Department, the Department of Inspections and Community Revitalization and the Division of Real Estate, the Law Department requests that your Honorable Body authorize the Mayor and the Police Commissioner to execute the enclosed Agreement on behalf of the City of Buffalo. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 53 231 Mills Street- Offered in Lieu of Taxes Item No. 77, C.C.P., 5/2/95 You have requested a response from the Law Department regarding the offer of Vincent Czerwinski to give up the property at 231 Mills Street in satisfaction of unpaid taxes. The property at 231 Mills Street has been left vacant and subject to vandalism. The property allegedly has been put up for sale without success. Unless the Real Estate Division or the Inspections and Community Revitalization Department has an interest in the property, the Law Department would not recommend accepting the property. The City is already in possession of various properties that are not generating tax revenue. It would only serve to further burden the City's financial status to remove a property from the tax rolls if the City has no planned use for the property. REFERRED TO THE COMMITTEE ON FINANCE. No. 54 Agreement - Payment in Lieu Taxes Stratford Arms Attached for your approval is a contract between the City of Buffalo and Stratford Arms Housing, L. P., for the purpose of rehabilitating and providing low-income housing for veterans. If you have any questions, please feel free to contact the Law Department. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 55 Citywide Playground Renovation Phase 3 - Change Order 1 I am requesting approval for the minor work listed below that was necessitated by field conditions. The Change Order includes an additional 320 sq.ft. of concrete sidewalk and additional topsoil and seed to bury an area of the park where rebar from previous demolition had become exposed creating a hazard. The work was ordered in the field and comes to a total of $640.00. This changes the total contract amount to $18,945. I recommend that Your Honorable Body authorize the city to order the work. Funds for this work are available in Bond Fund 200-717-049. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. FROM THE COMMISSIONER OF STREETS No. 56 Grass & Weed Cutting I am requesting that the following charges assessed against the properties listed below be removed from the Assessment Roll: 251 Memorial Drive - Invoice number ARGO0052 - Owner John Pryn, 90 Bryson Street, Buffalo, New York for $50.00. Upon investigation, our lot supervisor reported the City did not cut this property. It cut a city-owned lot bordering 251 Memorial. 615 North Division Street- Invoice ARBOO583- Owner Michael Ramsey, 611 North Division Street, Buffalo, NY - $50.00. Mr. Ramsey appeared in our office and presented his deed to 615 North Division which he purchased August 23, 1994. This lot was cut July 20, 1994, before he purchased it. Mr. Pitts moved: That the communication from the Commissioner of Street Sanitation dated May 17, 1995 be received and filed; and That the Commissioner of Assessment be and hereby is authorized to cancel the grass cutting charges in the amount of $50.00 at 251 Memorial Drive and $50.00 at 615 North Division Street; and to remove the above charges from the assessment roll. PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 57 Report of Emergency Demolition Bids for Various Locations within the City Due to the very serious and hazardous condition of the buildings located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at.these locations i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on May 3, 1995 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 257 Fox St. front & rear Integrated Waste Special Services Winbreth Cook 139 Harvard Pl.,Bflo.,NY $6,460.00 238 Lathrop Street Ridge Maintenance Robert D. Tillotson 238 Lathrop St.,Bflo.,NY $3,750.00 109 Peach St. & garage Integrated Waste Special Services Robert L. Robinson 157 Humber, Bflo.,NY $4,670.00 89 Wasmuth Street J. Martin Marietta Clay 65 Sable Palm,Depew,NY $3,900.00 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, 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 May 5, 1995, be, received and filed; and That the awards by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Integrated Waste Special Services at a cost of $6,460.00 relating to 257 Fox Street (front and rear); Ridge Maintenance at a cost of $3,750.00 relating to 238 Lathrop Street; Integrated Waste Special Services at a cost of $4,670.00 relating to 109 Peach Street & garage and J. Martin at a cost of $3,900.00 relating to 89 Wasmuth Street, are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said costs shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12. NOES- BELL- 1. No. 58 Report of Emergency Demolition Bid for Various Locations Within the City Due to the very serious and hazardous condition of the buildings located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on May 9, 1995 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 1183 Michigan Avenue Peter DelMonte Demolition James & Icylean Melvin 1220 Fillmore,Bflo.,NY $3,400.00 306 South Park Avenue J. Martin Abduwali Ali Fadel 306 South Park,Bflo.,NY $6,050.00 142 Townsend Street Lebis Enterprises John J. McDonald 332 Mackinaw, Bflo.,NY $5,300.00 128 Whitney Place J. Martin John R. Mogavero 2431 First St.,Grand Island,NY $5,400.00 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully,.request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, 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 May 15, 1995, be, received and filed; and That the awards by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Peter DelMonte Demolition J. at a cost of $3,400.00 relating to 1183 Michigan Avenue; Martin at a cost of $6,050.00 relating to 306 South Park Avenue; Lebis Enterprises at a cost of $5,300.00 relating to 142 Townsend Street and J. Martin at a cost of $5,400.00 relating to 128 Whitney Place, are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000002-00000, and that said costs shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 59 Report of Emergency Demolition Bid - 1112 Sycamore Street Garage Only - City-Owned CCP Item #136, 9/20/94 CCP Item #75, 3/7/95 In CCP Item #136 dated 9/20/94 our department reported the lowest responsible bid of Horizon Construction for the demolition of the above-stated property in the amount of $1,050.00 that was charged to this department's Capital Outlay Account #100-241-085-00-900. In CCP Item #75 dated 3/7/95 our department reported that due to non-performance of the demolition contract for the above-stated property our department is rejecting the bid of Horizon Construction. We also advised your Honorable Body that our department will award this contract to the next lowest bidder which is Peter DelMonte Demolition in the amount of $2,300.00. We requested these costs to be charged to the Special Assessment Fund #500-000-002-00000 due to insufficient funds in our department's Capital Outlay Account #100-241-085-00-900. Sufficient funds are now available in our Capital Outlay Account to cover the costs of $2,300.00. Therefore, we are now requesting approval to charge our Capital Outlay Account #100-241-085-00-900 in the amount of $2,300.00, Peter DelMonte Demolition. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated May 1, 1995, be, received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Peter DelMonte Demolition at a cost of $2,300.00 relating to 11 12 Sycamore Street (Garage Only), is hereby confirmed, ratified and approved, with said cost to be charged against Capital Outlay Account #100-241-085-00-900, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 60 Loan Review Committee Form Rental Rehab. Loans McNerney Property: 25 Marigold Del-Rich Properties: 73 Hill, 73 Victoria, 21 Deerfield, 127 Richlawn I am respectfully requesting your approval for a total of $80,000.00 of HOME Rental Rehab. funds for the Properties located at 25 Marigold, 73 Hill, 73 Victoria, 21 Deerfield and 127 Richlawn. NOTE: These funds will be loaned at $80,000.00 at 4% for 15 years. (see attached BURA item). 9 units: 3 two bedroom 2 three bedroom 3 four bedroom 1 five bedroom REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 61 Liquor License 1108-1110 Elmwood 206 Allen Street Item No. 73, C.C.P. 4/18/95 With regard to the above subject properties please be advised of the following inspection results: 1108-1110 Elmwood: This property was inspected on May 2, 1995 by Building Inspector Art Kostrzewa, whereby on this date he noted this building was approved for use as a sit-in restaurant per card file and building permit #B-67955 dated August 13, 1974. Inspection showed only minor interior violations. A letter of violation was sent to the owner. (copy attached) There are no outstanding court cases pending and no open building permits at this time. 204 Allen St.: This property was inspected on May 2, 1995 by Building Inspector Art Kostrzewa, whereby on this date he noted this building was approved for use per card file and building permit #B 39376, dated November 15, 1983; convert to sit-down restaurant. Site inspection shows both interior and exterior of property are in substantial compliance. There are no outstanding letters of violation, no court cases pending, one open building permit #B 28644 dated May 1, 1995 to install a new bar. This is a multiple dwelling; four units above retail space. Building is monitored by our multiple dwellings section. Last inspection date was April 4, 1995. We trust this will satisfy your inquiry. Should you have any questions please feel free to contact this office. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 62 Wage Assignment/Subrogation Item No. 42, C.C.P. 5/2/95 I have reviewed Comptroller Joel A. Giambra's report "Third Party Claims" dated February 28, 1995. 1 concur with his assessment and recommendations that this is a benefit that was never negotiated with the Bargaining Units and I also believe the practice should be discontinued. To answer the question as to whether discontinuing this practice is a negotiable item, is not an easy yes or no response. Ideally these things should be assessed on an individual basis as to the City's benefit in participating in a third party claim. With that, I would say that, looking at the facts Comptroller Giambra has provided, it has not been beneficial to the City, and therefore it is prudent to discontinue. I would expect the Bargaining Units to counter that argument with a past practice/maintenance of benefits claim. My personal recommendation is to discontinue and argue any grievances and/or charges should they arise. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 63 Parking Mem. Auditorium Item #167 C.C.P. 4/18/95 In response to item #167, C.C.P. 4/18/95 please be advised of the following: Presently the only agencies authorized to ticket a vehicle parked illegally in a handicapped area on a city street are the Police Department, Sheriff's Department and Parking Enforcement Officers. On Aud Event nights the Buffalo Police Traffic Division controls all handicap parking activity. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 64 Personnel Deployment Proposal Item No. 96, CCP, 5/16/95 Councilmember Helfer's proposal is welcomed by the administration, as will be any attempt by Council or others to increase efficiency and reduce cost of service delivery to City residents. That being said, I have two basic comments on Councilmember Helfer's proposal: First, the proposal brings with it many issues that need to be dealt with as part of the collective bargaining process. Labor Relations Director Joos is in the midst of negotiations with Local 264 at the present time; elements of Councilmember Helfer's proposal are contained in the administration's list of negotiating items. I have forwarded a copy of Councilmember Helfer's proposal to Mr. Joos. Second, several of the operational issues raised by the proposal--for instance, the idea of direct hauling waste and assumptions relating to the number of personnel on light duty or workers comp--may present issues for Commissioner LoVallo and should be addressed directly by the Streets Department. I would be pleased to sit on a committee that shall investigate the proposal further. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 65 Certificate of Appointment Appointment effective May 22, 1995 in the Department of Administration and Finance, Division of Parking Enforcement, Patrick Sole Jr., 515 Plymouth Avenue Buffalo 14213, to the Position of Administrative Code Enforcement Officer, Provisional, at the maximum Starting Salary of $25,792. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 66 Community Based Agencies that use City Buildings Item #143 C.C.P. , April 18, 1995 Attached please find a listing of community based agencies that use City buildings. These agencies provide services to residents of the City through the use of Community Development Block Grant funds. Information relative to utility payments made by the City should be addressed by the Department of Public Works while Rental Agreement information can be obtained from the Director of Real Estate. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 67 Request Permission to Sponsor City-wide Substance Abuse Conference and Enter Into Contract with the Buffalo Hilton For Conference location. The City of Buffalo Division of Substance Abuse Services would like to sponsor a City-wide Substance Abuse Conference, entitled: "Substance Abuse Treatment: An Integrated Service Model". This Conference will be held on September 21, 1995 at the Buffalo Hilton Hotel and will attract human service providers throughout Buffalo and Erie County. We are applying for Counseling Education Units in order that Clinicians can be able to gain SAC and CAC credits towards credentialing and re-credentialing. A fee of $30.00 will be charged to each participant to cover the cost of the Conference. There will be no financial obligation to the City. Therefore, we are requesting permission to hold this Conference and to enter into contract with the Buffalo Hilton. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. FROM THE CITY CLERK No. 68 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 834 Abbott Rd. BCG Services, Inc Brian Coseglia REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 69 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- Margaret Quinn, Karen Marshall Inspections and Community Revitalization- Timothy Keenan, Nancy DeMartino Human Resources- Doris Luchey, Reginald Harris RECEIVED AND FILED. No. 70 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: Buffalo Sewer Authority City Planning Board RECEIVED AND FILED. No. 71 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 May 25, 1995 in the Department of Common Council, Rafael Ramos, 42 Philadelphia, Bflo, NY 14207, to the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25 hr. Appointment Effective May 25, 1995 in the Department of Common Council, Salvatore Cicatello, 90 Eckhert St, Buffalo, N.Y. 14207, to the Position of Intern III, Seasonal, at the Flat Starting Salary of $5.00 hr. No. 72 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 AUDIT & CONTROL Appointment effective 5/18/95 in the Department of Audit & Control, Division of Real Estate, Angela Panaro, 462 Parker Avenue, Buffalo, New York 14216 to the position of Laborer I, Seasonal, at the flat starting salary of $6.22 hr. DEPARTMENT OF PUBLIC WORKS Appointment effective May 11,1995 in the Department of Public Works, Division of Engineering, to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $ 6.22 hr. Seth DeAnthony, 158 Colgate, Buffalo, NY 14220 Bernard Scott, 32 St. John's Place, Buffalo, NY 14201 Appointment Effective May 15,1995 in the Department of Public Works, Division of Engineering, Steven Tate, 115 Poultney St., Buffalo, NY 14215, to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $ 6.22 hr. Appointment effective May 22, 1995 in the Department of Public Works, Division of Engineering, Charles E. Tinney, 22 Willowlawn, Buffalo, New York 14214 to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22 hr. Appointment effective May 24, 1995 in the Department of Public Works, Division of Engineering, Christopher E. Joyce, 131 Coolidge Road, Buffalo, NY 14220, to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22 hr. DEPARTMENT OF PARKS Appointment effective May 22,1995 in the Department of Parks, Division of Parks to the Position of Fee Collector, Seasonal, at the Flat Starting Salary of $ 4.94 hr. Amy Lizak, 226 Columbus, Buffalo 14220 Catherine Long, 14 Yale Place, Buffalo 14210 Appointment Effective May 24,1995 in the Department of Parks, Division of Recreation, to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $ 6.92 hr. Norman Anderson, 1050 Ellicott, Buffalo 14209 Willard Anderson, 22 Mulberry, Buffalo 14204 Johnathan Cohill, 82 Oxford, Buffalo 14209 John Fracos, 21 Peoria, Buffalo 14207 Michael Kane, 20 Britt, Buffalo 14220 Daniel Karlinski, 349 Walden, Buffalo 14211 Joseph Marchitte, 430 14th Street, Buffalo 14213 Vincent McCarthy, 26 Sunset, Buffalo 14207 Mary Thomas, 55 1/2 Arkansas, Buffalo 14213 David Rodriquez, 3210 Main St., Buffalo 14214 Appointment effective May 23,1995 in the Department Of Parks, Joseph Kozma, 95 Downing, Buffalo 14220, to the Position of Fee Collector, Seasonal, at the Flat Starting Salary of $ 4.94 hr. Appointment Effective May 15, 1995 in the Department of Parks Jerry Brinkworth, 205 Marine Drive, Buffalo NY 14202 to the Position Of Laborer II ,Seasonal, at the Flat Starting Salary of $6.92 hr. DEPARTMENT OF LAW Appointment Effective May 22, 1995 in the Department of Law, William E. Ganley, 428 Baynes Street, Buffalo, NY 14213, to the Position of Law Clerk Seasonal, at the Flat Starting Salary of $5.85 hr. DEPARTMENT OF HUMAN RESOURCES Appointment effective May 18, 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. Ilham Askia, 127 Richlawn, Buffalo 14215 Harrison Kenner III, 1790 Genesee, Buffalo 14215 Diego Carrasquillo, 53 Oxford, Buffalo 14209 Larry Burgin, 436 Berkshire, Buffalo 14215 Tela Williams, 73 Jewett, Buffalo 14214 Jennifer Nicometi, 89 Hoyt, Buffalo 14213 Appointment effective May 24, 1995 in the Department of Human Resources, Division of Youth, James Singletary Jr., 273 Humboldt, Buffalo 14208, to the Position of Supervisor, Temporary, at the Flat Starting Salary of $5.20 p/h. No. 73 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF PUBLIC WORKS Appointment Effective May 22, 1995 in the Department of Public Works, Division of Water, Louis V. Marinaccio, 420 W. Delavan Avenue, Buffalo 14213, to the Position of Laborer II, Permanent, at the Minimum Starting Salary of $9.85/hr DEPARTMENT OF LAW Appointment Effective May 22, 1995 in the Department of Law, Kathleen E. O'Hara, 33 Days Park, Buffalo, New York 14201, to the Position of Assistant Corporation Counsel II, Permanent, at the Minimum Starting Salary of $45,335. DEPARTMENT OF ADMINISTRATION & FINANCE. Appointment Effective May 25, 1995 in the Department of Administration and Finance, Division of Parking Enforcement, James C. Pliszka, 454 Weimar Street, Buffalo 14206 to the Position of Jr. Traffic Clerk, Provisional, at the Minimum Starting Salary of $20,215. Appointment Effective May 22, 1995 in the Department of Administration and Finance, Division of Parking Enforcement, to the Position of Administrative Code Enforcement Officer Provisional, at the Minimum Starting Salary of $ 22,944. Thomas C. LoTempio, 59 Shoshone Street, Buffalo 14214 Gary Raimondo, 230 Auburn Avenue, Buffalo 14213 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 74 EAST BUFFALO COMM. OWNERSHIP PROJECT INC. Req. Demo 126 Gibson, Item #94, C.C.P. May 17, 1995 The East Buffalo Community Ownership Project (EBCOP) is community based organization committed to preserving existing housing stock and fostering owner occupancy in our service area. EBCOP obtained title to the property at 126 Gibson Street approximately ten months ago, on July 26, 1994. The property was acquired with the goal of rehabilitating the house and renting it to a prospective owner occupant. We hope to accomplish that goal in the near future. Unfortunately, our rehab plans were delayed by the fact that the CDBG Alternative Use Contract we anticipated receiving in September 1994 was not received until January 1995. Subsequent staff shortages in the Division of Community Revitalization further slowed the progress. City inspectors have advised us that the building as a whole is not a candidate for demolition. Currently, the Rehab Construction Analyst assigned to the project is revising the rehab specifications. We hope to receive the final specs shortly so that we can proceed with the rehab. EBCOP is sympathetic to the frustration of Gibson Street residents, especially in light of the fact that 126 Gibson was the site of undesirable activities in past years. Accordingly, we have redoubled our efforts to maintain the property in a clean and secure condition pending the start of rehabilitation. Although we cannot police the property 24 hours a day, we are monitoring it on a regular basis. We have also requested the neighbors' cooperation in informing us if they observe any suspicious activities. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 75 ERIE CO. HEALTH DEPT. Removal of Unregistered Vehicles #210 CCP May 2,1995 The Health Department's concerns with unregistered vehicles is as rodent harborage. Any policy that expedites the removal of unregistered or unlicensed vehicles that are abandoned would assist us in removing these potential rodent harborage. Please call me if I can be of any further assistance. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 76 MARCIA NASCA Purchase Typewriter I would like to submit a bid in the amount of $20.00 for the purchase of a Xerox typewriter that is obsolete and in need of repair. It will be of no use to this Department and will no longer be used. Thank you for your consideration in this matter. Mr. Pitts moved: That the communication from the Division of Buildings dated May 24, 1995, be received and filed; and That the Commissioner of General Services be and he hereby is authorized to sell a Xerox typewriter which is obsolete and no longer used to Marcia A. Nasca in the amount of $20. 00. PASSED. AYES- 13 NOES- 0 No. 77 P. INGLESIA Cancel Loans/Demo Cost-244 Prospect I represent the mother of the above individual, who died of an AIDS related disease on 9/1/94. A copy of his death certificate is attached for your reference. At the time of his death, he was the owner of premises located at 244 Prospect Ave., in the City of Buffalo. Prior to his death, there were loans granted to him by the city to improve the property in the amount of $14,210. Either before, or shortly after his death, the property was destroyed by fire, and was uninsured at the time. Proof of this can be obtained if necessary. On October 26, 1994, his mother Dorothy 1. Derrett, was appointed executor of Scott's estate under Erie County Surrogate file # 94-4683. Following the fire, the residence was apparently demolished by the city, which probably resulted in additional liens against the property, the amounts of which I do not have. The now vacant lot is still in the estate, and we have received a letter from a local church which would like to acquire and develop the property. That letter is also attached for your. reference. We would like to convey the property to this church, but must first somehow make peace with the city regarding these liens. Given the fact that this is now a piece of vacant land at 244 Prospect Avenue, with no insurance to cover the fire loss, and we have a worthwhile non-profit organization which would like to improve it for the good of the community, would the city consider forgiving these obligations so we can give clear title to the church? Thank you for your attention, and we will await your reply. Please call me if anything further is required at this time. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION COUNSEL. No. 78 PARKER BAY CONSULTANTS INC. Delaware Park Casino/Squaw Island Composting Contract - Settlement Agreement We are pleased that we have been able to reach a settlement, subject to the requisite approvals and documentation, as a result of our meeting in your office on Friday, May 19, 1995. At this time we wish to outline the general terms and conditions of the agreement we have reached. We both understand that the actual paperwork required to effectuate the agreement will require the input and involvement of both our legal counsels. Casino Resolution: 1. The City will waive the first three years of full or guaranteed rent or through our Company's fiscal year ends which is September 30, 1995. This will also resolve the first year of the lease in which the rent was to be negotiated since the building could not and was not functional until May 1, 1992. 2. The future rent due the City in years four through fifteen of the lease will be adjusted downward to reflect the City's investment previously identified as $241,000 as provided in the lease agreement. 3. The ten year additional term to continue operations as provided for in the lease shall be approved and effectuated at this time. Future rental payments due the City shall be increased to the mid-point between that to which the City is entitled to under the revised investment level established in Item 2 above and the original amount included in the original lease agreement for guaranteed rent and percentage of sales. 4. Park Casino Corporation, the current operator of the facility and assignee of the lease shall waive all claims against the city of Buffalo for the reduced level of investment and deliver a general release. Concurrent with the resolution of the Delaware Park Casino issue, the Squaw Island Composting Contract will be extended subject to the following terms and conditions: 1. Renewal of the composting contract for a period of five (5) years as provided for under the current contract. 2. The previously submitted renewal terms and conditions presented to the Common Council shall be incorporated by an amendment to the contract and include a waiver of the Cost of Living Increase for one year, the closure of one acre of the landfill as a demonstration of the ability to use recycled materials in the closure projects coordination of operations to facilitate the closure project and other miscellaneous items. 3. The City of Buffalo will purchase from Parker Bay a minimum of 100,000 cubic yards of clean fill at $1.00 per cubic yard stockpiled on Squaw island subject to the following confirmations: a. The City of Buffalo consultant confirms the need for this type of material and the quantity needed. b. The material is tested to ensure it meets the QA/QC requirements of 6NYCRR Part 360 regulations. c. The NYSDEC approves in writing the stockpiling of the materials for use in the closure project. d. The material is stockpiled in accordance with the requirements of the NYSDEC. e. Payment shall be based upon the volume of material in the stockpile as surveyed and measured by Parker Bay and the City of Buffalo. 4. Parker Bay will waive all claims against the City of. Buffalo for the reduced investment level in the Delaware Park Casino and deliver a general release. Having reached the agreement resolving the Casino and Squaw Island, we understand that both our legal counsels will require some time to prepare the necessary documents for review and approval. Accordingly, we respectfully request and understand that the City could agree to a three (3) month extension of the existing Composting Contract. This should be ample time for the preparation of the documentation and agreement for review and approval by the Common Council of the City of Buffalo, the Corporation Counsel and U.S. Bankruptcy Court. Given the nature of the agreements the documentation prepared to date, and the audit by the Comptroller's Office which is underway and close to completion, we believe this matter can be resolved before the Council's August recess and would hope to establish such a time frame for completion of these matters. We are pleased that our firm and the City have been able to resolve our differences in an amicable manner and most importantly, one that we believe offers the City of Buffalo .the potential for significant future savings associated with the Squaw island closure project. We will ensure our availability and that of our legal counsel to meet with you, Corporation Counsel, the Comptroller's Office and the Common Council of the City of Buffalo to answer any questions and prepare the necessary documents to resolve the matter expeditiously. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 79 M. STROJNY Give 16 Fougeron to City I was told by the city department of real estate and housing to write to the City Clerk concerning my property at 16 Fougeron, and the possibility of giving my property back to the city. My property, 16 Fougeron, has been assessed for $1,700 by city department of Assessment. The house had a fire in August of 1994, was demolished and paid off completely in the fall of 1994. I would like to free myself of the property and was wondering if it were possible to give the land back to the city and thus be free of all responsibility, tax, etc. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 80 TCI OF NY, INC. Deduction Of Franchise Fee From "Gross Revenues" As you know, a cable operator may be required under the agreed-upon terms of a franchise to pay a franchise fee of up to 5% of cable operator's gross revenue derived from the operation of its cable system. Under the terms of the franchise with you, we have agreed to pay you the maximum franchise fee of 5%. In calculating its gross revenues, the Company has historically included franchise fees collected by the Company as part of gross revenues. Using this aggregate amount, the 5% franchise fee was applied to calculate the franchise fee payment. As permitted by Commission rules, we have routinely itemized franchise fees on our customers' bills. A recent FCC decision has caused us to notify you regarding our franchise fee payments. In a rate order released in April involving the City of Baltimore, the FCC made clear that a franchise fee should not be included in calculating a cable operator's gross revenues for the purpose of franchise fee calculations. [Excerpts of the FCC's decision are attached for your convenience.] In part the FCC states: If we allowed the franchise fee itself to be subject to a franchise fee ... and if the franchise fee agreement required a five percent assessment -- the maximum under law -- a cable operator could now end up paying more than the maximum franchise fee permitted under the Act ... Therefore, we find that an operator's "gross revenues" do not include the franchise fees it collects from subscribers. (emphasis added.) See United Artist Cable of Baltimore, (DA95-737), at IB(8) (Cab. Serv. Bar., released April 6, 1995). Hence, as a result of the FCC's actions, we will immediately comply with this clarification and revise our calculations accordingly. Franchise fees levied by your community against the Company and collected from our customers will not be included in calculating the Company's gross revenues upon which franchise fees are calculated. With respect to historical payments which have exceeded the 5% limitation, we look forward to discussing them with you. It appears such amounts may need to be refunded to the Company or treated as a pre-payment of the franchise fees which, in addition to the time value of money thereon, may be credited against future franchise payments. Again, we look forward to discussing these issues with you. REFERRED TO THE SPECIAL COMMITTEE ON CATV AND THE CORPORATION COUNSEL. No. 81 U.S. DEPT. OF HUD HUD Loan 400 Elmwood This is in response to your letter to Garry Clugston, Senior Auditor, wherein you requested a review of a HUD loan pertaining to 400 Elmwood Avenue. Since all of our auditors are presently on other priority assignments, we have forwarded your request to the Community Planning and Development Division of the HUD Buffalo Area Office for prompt evaluation. Please be informed that we have requested the Buffalo Area office to provide you with a written response of its evaluation of your request. Thank you for your interest in activities funded by the U. S. Department of Housing and Urban Development. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 82 UNIVERSITY PRESBYTERIAN CHURCH Oppose User Fees The Ruling Session of University Presbyterian Church, 3330 Main Street, Buffalo, NY, 14214, at its stated meeting, May 17, 1995, voted unanimously to go on record in opposition to the imposition of User Fees on churches in the City of Buffalo, as an unconstitutional taxation. Our church and all the churches in the City of Buffalo are dedicated to the needs of the people and of the neighborhoods surrounding us. University Presbyterian Church provides a substantial food pantry, opportunities for day care of children, counseling of persons who are troubled, meetings of Alcoholics Anonymous and mental health groups, participation in community issues for University Heights and for the City of Buffalo. Other churches are similarly active in doing their, "fair share" toward caring for the people and the community. Some years ago our Church and other not for profit groups were charged fees by the Buffalo Sewer Authority. Eventually refunds had to be issued after law suits were decided in support of the nontaxable status of these properties. We are supported by persons who own homes and pay taxes; these fees will place an additional burden on them for the costs charged to their church. It is evident that this imposition of User Fees would then give you the opportunity to increase taxes on homes next year and impose additional User Fees on the church, once this proposal is implemented. We offer our premises as a meeting place for community meetings or forums to seek solutions to the needs of our City. We are in close communication and cooperation with the Gloria Parks University Heights Center for programs and issues affecting this area. RECEIVED AND FILED. No. 83 L. VENTOLA Purchase Metal Cabinet I would like to purchase a metal cabinet, which was slated for the trash, in the amount of $5.00. I checked with the City Clerk and they have no use for it. Mr. Pitts moved: That the communication from L. Ventola dated May 30, 1995, be received and filed; and That the Commissioner of General Services be and he hereby is authorized to sell a metal cabinet slated for the trash to L. Ventola in the amount of $5.00. PASSED. AYES- 13 NOES- 0 No. 84 C. WATKINS Complain-Bldg. Inspector- 140 Box Ave. I own a property located at 140 Box Street. This property was run down, and uninhabital. I worked on this property week days, weekends to comply with the city's housing codes. During this time city inspectors have been citing me for various code violations which I leave corrected with pleasure. While in Housing court Judge Manz stated if I complied with the violations and did the work, I would not need a permit. However I continue to receive code violations from city inspectors. This is harassment. Box Street has a reputation for drug dealings, and drive-by shootings. I felt if I. tried to refurbish this property it would inspire other residents in the area to fix their properties, which it has. recently placed an ad in the Bflo. News stating an East Side Apt. for rent. When they found out it was on Box Street, their reply was no thanks. In closing, if the city is to save this neighborhood; for those residents that need to be cited for various violations please cite them and make them repair their property, However for those trying to comply, let them complete their work in peace without harassment from Inspectors. Again any help in this matter will greatly be appreciated. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. PETITIONS No. 85 C. Coles, tenant, petition to use 3365 Bailey Avenue for a Take Out Restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 86 Fasolino Partnership, owner, petition to use 45 Roberts for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 87 F. Salvo and Others request names of Bakos Blvd. and McCarthy Drive be changed. REFERRED TO THE COMMITTEE ON LEGISLATION. REGULAR COMMITTEES CIVIL SERVICE HON. ROSEMARIE LOTEMPIO CHAIRMAN No. 88 Assistant Auditor That Communication No. 17 May 16, 1995 be received and filed and the permanent appointment of Nancy Hammond stated above at the intermediate salary $27,239.00 effective on May 1, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 89 Appointment Assistant Auditor That Communication No. 18 May 16, 1995 be received and filed and the permanent appointment of Joseph V. Murphy stated above at the intermediate salary $27,239.00 effective on May 2, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 90 Appointment Account Clerk That Communication No. 23 May 16, 1995 be received and filed and the permanent appointment of Daniel Viapiano stated above at the intermediate salary $22,961.00 effective on May 8, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 91 Appointment Teller That Communication No. 81 May 16, 1995 be received and filed and the temporary appointment of Christine Schalberg stated above at the fourth step salary $24,407.00 effective on May 1, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 92 Notices of Appointments Temp./Prov./Perm. (C.Clerk) (Item # 91 CCP May 16, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 93 RFP Process - Renaming Baseball Stadium (Item # 77 CCP May 16, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 94 Renew Compost Contract (Item # 100 CCP May 2. 1995) That the above mentioned item be and the same is hereby received and filed. Mr. Collins moved that the above item be recommitted to the Committee on Finance. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 95 Extend Compost Contract (Item # 101 CCP May 2, 1995) That the above mentioned Item be and the same is hereby received and filed. Mr. Collins moved that the above item be recommitted to the Committee on Finance. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12 NOES- ARTHUR- 1 No. 96 Permission to Enter into Contract for Operation Project Kids (Item No. 54, C.C.P., May 16, 1995) That the Mayor be, and he hereby is, authorized to enter into a sub-agreement with the County of Erie for Operation Project Kids. The County will provide the City with $3,000 to impede the sale of tobacco to minors. PASSED. AYES- 13 NOES- 0 No. 97 Willie James Chapman - Negotiate Sale 1428 Jefferson Avenue (Item No. 79, C.C.P., Apr. 4, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Pitts moved: That the Comptroller be, and he hereby is authorized to negotiate with Mr. Willie James Chapman of 384 Goodyear Avenue, for the private sale of 1428 Jefferson Avenue and report to the Common Council the results of such negotiations. ADOPTED. No. 98 Purchase 10' Strip Hertel/Starin (Item # 7 CCP April 18, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 99 Purchase 10' Strip Hertel/Starin (Item # 19 CCP April 18, 1995) That the above mentioned item be and the same hereby is received and filed. ADOPTED No. 100 Purchase 10" Strip Hertel/Starin Item #28, April 18, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 101 Transfer of Title - Urban Homestead Program 566 Michigan Avenue (Item No. 71, C.C.P, May 16, 1995) That the City-owned property commonly known as 566 Michigan Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is, authorized to execute a deed transferring said property to Bruce Pagels of 570 Michigan Avenue, for the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and the property is maintained in a sanitary manner for at least thirty-six (36) months. PASSED. AYES- 13 NOES- 0 No. 102 Accept Fund Transfer - Street Overlay Program (Item No. 64, C.C.P., May 16, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved that the above item be recommitted to the Committee on Finance. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12 NOES- ARTHUR- 1 No. 103 Bids - Emergency Demolition - 138 Monroe Street (Item No. 53, C.C.P., May 2, 1995) That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to J. Martin at a cost of $3,900.00, relating to 138 Monroe Street, is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 1 13 of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0 No. 104 Bids Sidewalk Construction City Wide 1995 (Item No. 35, C.C.P., May 16, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Construction of Sidewalks - City Wide 1995 to Cemulini-Pecoraro Construction Corporation, the lowest responsible bidder in the amount of $255,113.00 plus approved unit prices not to exceed an additional amount of $44,887.00, for a total encumbrance of $300,000.00; with said cost to be charged against the Capital Projects Fund #200-401-507-00-000. PASSED. AYES- 13 NOES- 0 No. 105 Bids - Kleinhans Music Hall Phase IV (Item No. 36, C.C.P., May 16, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to award contracts for the Restoration and Rehabilitation - Kleinhans Music Hall - Phase IV for General Construction Work to BRD Inc. in the amount of $972,700 Base Bid plus Alternates 1, 2, and 3 for a total of $1,115,675; Electrical Work to Frey Electric in the amount of $38,958.00; Plumbing Work to Gareleck Plumbing in the amount of $53,770.00, the lowest responsible bidders. Funds for this work will be available in CPF 200-402-528. PASSED. AYES- 13 NOES- 0 No. 106 Bids - Broderick Park Concession (Item No. 52, C.C.P., May 16, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the Commissioner of Parks be, and he hereby is, authorized to award a contract for Broderick Park Concession to Mr. Donald Spasiano, the highest responsible bidder in the amount of $30,500.00 for four years. PASSED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12 NOES- ARTHUR- 1 No. 107 Bids - Solid Waste Disposal (Item No. 30, C.C.P., Apr. 18, 1995) (Item No. 127, C.C.P., May 16, 1995) That the above item be, and the same hereby is , returned to the Common Council without recommendation. Mr. Collins moved: That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Solid Waste Disposal to Modern Landfill, Inc., the lowest responsible bidder in the amount of $27.00 per ton, Base Bid B. This authorization is granted subject to the following conditions: 1. That the Plea Agreement, dated March 7, 1995, is approved by the United States District Court of the Western District of New York; 2. That Modern Landfill, Inc. ("Modem") and Steve Washuta comply with the terms of such Plea Agreement; 3. That the New York State Department of Environmental Conservation issue the necessary permit to allow Modern to perform the contract, and provide the Common Council and the Commissioner of Public Works proof of such permit in a timely manner. Funds for this work will be in the 1995/96 Division of Buildings budget 100-402-021-00-574. PASSED. AYES- 13 NOES- 0 No. 108 Bids - Solid Waste Disposal (P.W.) (Item No. 31, C.C.P., May 2, 1995) (Item No. 128, C.C.P., May 16, 1995) That the above item be, and the same hereby is , returned to the Common Council without recommendation. Mr. Collins moved: That the above item be, and the same hereby is, received and filed. ADOPTED. No. 109 American Ref-fuel Co. - Waste Contract Comments (Item No. 129, C.C.P., May 16, 1995) That the above item be, and the same hereby is , returned to the Common Council without recommendation. Mr. Collins moved: That the above item be, and the same hereby is, received and filed. ADOPTED. No. 110 Bids - Solid Waste Disposal Information (C.C.) (Item No. 59, C.C.P., May 16, 1995) That the above item be, and the same hereby is , returned to the Common Council without recommendation. Mr. Collins moved: That the above item be, and the same hereby is, received and filed. ADOPTED. No. 111 Change in Contract - Sludge Discharge to BSA (Item No. 38, C.C.P., May 16, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1 to Kandey Company, Inc., changes resulting in a net increase in the amount of $1,699.42 for work relating to Sludge Discharge Connection to Buffalo Sewer Authority, Contract No. 25, City Contract No. 91792600, as more fully described in the above communication. Funds for this work are available in the Division of Water's 416-982-016-00-000 Capital Project Fund. PASSED. AYES- 13 NOES- 0. No. 112 Change in Contract - Kleinhan's Music Hall Phase III (Item No. 40, C.C.P., May 16, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1 to D.V. Brown & Assoc. C-91763400, changes resulting in a net increase in the amount of $6,011.56 for work relating to the Restoration of Kleinhan's Music Hall, Phase III - Mechanical Contract, as more fully described in the above communication. Funds for this work are available in B/F 200-402-030 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 113 Change in Contract - Construction of Handicap Ramps (Item No. 41, C.C.P., May 16, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1 to L.C.P. Construction Corporation Contract No. 91,788300, changes resulting in a net increase in the amount of $8,844.28 for work relating to the Construction of City Handicapped Ramps 1994/95, as more fully described in the above communication. Funds for this work are available in Bond Fund #200-401-013-00-000 Division of Engineering. PASSED. AYES- 13 NOES- 0. No. 114 Cleaning, etc. Sludge Lagoon Solids (CC) (Item # 60 CCP May 16, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 115 Info. - Delaware Park Road/Path (Item # 129 CCP May 2, 1995) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 116 Delaware Park Road/Jogging Path (Item # 130 CCP May 2, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 117 Repair Costs to Basketball/Tennis Courts (Item # 53 CCP May 16, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 118 NYS Law on Purchases from Handicapped People (Item No. 212, C.C.P., May 2, 1995) That this Common Council requests the Buffalo Commissioners of General Services, Public Works, Fire and Police, the Director of Data Processing, the President of the Board of Education, the Executive Director of the Buffalo Municipal Housing Authority, the General Manager of the Buffalo Sewer Authority, the Director of the Board of Stadium and Memorial Auditorium, the City Clerk and the purchasing agent for the Buffalo Urban Renewal Agency to file reports with the City Clerk regarding their policy and performance relative to purchasing products from the blind and the handicapped; and That this Council requests the Mayor's Office for People with Handicapping Conditions to comment on the city's policies and practices relative to purchasing products from the blind and the handicapped. ADOPTED. No. 119 M. Brock - Refund Interest on Taxes - 998 Clinton (Item # 74 CCP May 2, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 120 Refund Interest on Taxes - 998 Clinton (Item # 21 CCP May 16, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 121 Refund Interest on Taxes - 998 Clinton (Item # 79 CCP May 16, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 122 T. Bryant - Waive Impound/Towing Charges (Item # 75 CCP May 2, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 123 Waive Towing Charges (Item # 80 CCP May 16, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 124 Fire Insurance Coverage - Emergency Demolitions (Item No. 197, C.C.P., Mar. 21, 1995) That this Common Council is provided over the last five years, the number of emergency demolitions due to fire and the cost of such demolitions on homes where there was no fire insurance; and That this Common Council request a report from the Comptroller's office on how much money has been collected on properties that had to be demolished that did not have fire insurance; how much money is outstanding, how much money is anticipated to be collected; how much money the City will never collect; and That this Common Council request the Corporation Counsel to comment on whether or not other municipalities in New York State require fire insurance on all properties; and if legislation on the requirement of mandatory fire insurance on every property can be enacted by this Honorable Body; and That if legislation were to be enacted, a means of certifying that homeowners are indeed carrying Fire Insurance. ADOPTED. No. 125 Fire Ins. - Emergency demos (Item # 15 CCP April 4, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 126 Convention Center - Emergency Financial Situation (Item # 76 CCP April 4, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 127 Update From Water Authority (Item # 23 CCP May 2, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 128 Downtown Office Space Report - May 1995 (Item # 68 CCP May 16, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 129 Monthly Overtime Usage Report (Item # 11 CCP May 16, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 130 Licenses Issued March/April (Item # 24 CCP May 16, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 131 Report of Audit - Wage Assignment/Subrogation (Item # 16 CCP April 4, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 132 Reply to Audit - Wage Assignment/Subrogation (Item # 47 CCP April 18, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 133 Wage Assignment/Subrogation (Item # 42 CCP May 2, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 134 Wage Assignment/Subrogation (Item # 78 CCP May 16, 1995) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 135 Roswell Park - Minority participation Modern. Prog. (Item # 106 CCP May 16, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 136 Memorialize Erie County - 21st Century Landmark Preservation Bond (Item No. 248, C.C.P., May 16, 1995) That this Common Council endorses the Twenty-First Century Landmark Preservation Bond Issue under consideration by Erie County and pledges its support for the projects enumerated in the proposal; and That this Common Council supports a similar bonding program through the City of Buffalo capital program and expands on the County's plan by proposing that a capital program be developed to include $2 million for the Cobblestone Historic District (Crossroads), $1 million for the Central Terminal; and $1 million for the King Urban Life Center; and That the City Clerk certify passage of this resolution and forward copies thereof to the Erie County Legislature and the Erie County Executive. ADOPTED. No. 137 Reply To Liquor License 4/4 (Item # 74 CCP May 16, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12. NOES- ARTHUR- 1. No. 138 Reply To Liquor License 4/18 (Item # 27 CCP May 16, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12 NOES- ARTHUR- 1 No. 139 Reply To Liquor License 5/2 (Item # 22 CCP May 16, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12 NOES- ARTHUR- 1 No. 140 Reply To Liquor License 5/2 (Item # 28 CCP May 16, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12 NOES- ARTHUR- 1 LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 141 Ellicott Lanes, Inc. - Petition to use 25 Manhattan - Pole Sign (Item No. 112, C.C.P., May 16, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That after a public hearing before the Committee on Legislation on May 23, 1995, the petition of Ellicott Lanes, Inc., owner, for permission to use 325 Manhattan for a pole sign be, and hereby is approved. PASSED. AYES- 13 NOES- 0 No. 142 Orazio's, Petition to use 1735 Hertel Avenue - Restaurant Addition (Item No. 113, C.C.P., May 16, 1995) That after a public hearing before the Committee on Legislation on May 23, 1995, the petition of Christopher Ziolkowski, as agent for Orazio's, owner, for permission to use 1735 Hertel Avenue for a restaurant addition be, and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 143 Michael J. Falgiano, Sr., - Petition to Rezone 97-113 Leslie Street Only (Item No. 97, C.C.P., Apr. 18, 1995) That the Common Council of the City of Buffalo does hereby ordain as follows: That that part of the Zoning Ordinances of the City of Buffalo, Section 511-126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a "CM" Commercial District rather than a "R-2" Residential District for the premises known as 97-113 Leslie Street, more particularly described as follows: 97-113 Leslie Street ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of Erie and State of New York, being part of Lot No. 52, Township I 1, Range 7 of the Holland Land Company's Survey and according to a map filed in the Erie County Clerk's Office in Liber 599 of Deeds at page 116 is known as Subdivision Lot numbers eight (8), nine (9), ten (10), eleven (11) and twelve (12) in Block 4, described as follows: BEGINNING at a point in the easterly line of Leslie Street distant one hundred twenty (120) feet southerly from the point of intersection of said easterly line of Leslie Street with the southerly line of East Ferry Street, said point being the northwest corner of said Subdivision Lot No. 8; running thence southerly and along the easterly line of Leslie Street, one hundred fifty-four (154) feet to the intersection of said easterly line of Leslie Street with the southerly line of said Subdivision Lot No. 12; thence easterly and along the southerly line of said Subdivision Lot No. 12 about one hundred eight and fifty-seven hundredths (108.57) feet to the southeasterly comer of said Subdivision Lot No. 12; running thence northerly and along the easterly line of said subdivision lot nos. 12, 11, 10, 9 and 8 about one hundred fifty-four (154) feet to the northeasterly comer of said Subdivision Lot No. 8 about one hundred eight and fifty-seven hundredths (108.57) feet to the easterly line of Leslie Street at the point or place of beginning. Petition to rezone 66 Kilhoffer Street, be and hereby is denied. This rezoning shall be effective providing the following condition is met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. That this Common Council finds this action to be an Unlisted Action under the S.E.Q.R. Act and adopts petitioner's findings such that no further environmental review is It is hereby certified, pursuant to Section 34 of the Charter that the immediate passage of the foregoing ordinance is necessary. Approved as to Form Edward Peace Corporation Counsel PASSED. AYES- 13 NOES- 0 No. 144 Michael Falgiano, Petition to Rezone 97-113 Leslie Street (Item No. 63, C.C.P., May 16, 1995) That "Michael Falgiano - Petition to rezone 97-113 Leslie Street" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment Form (EAF) on this item which has been completed by the applicant (Part I) and by the City Planning Board (Part II); and Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part 11 and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration. ADOPTED. No. 145 Rezone 97 Leslie (Item # 5 CCP May 16, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 146 IWS - Use 327 Ganson - Rock Crusher (Item # 98 CCP February 7, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 147 Use 327 Ganson (Item # 4 CCP May 2, 1995) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 148 Restaurant/Dancing Class IV License 667 Grant Street (Item No. 26, C.C.P., May 16, 1995) That pursuant to Chapter 150 of the Ordinances of the City of Buffalo, the Director of Licenses and Permits is hereby authorized to issue a Restaurant/Dancing Class IV License to Fortunato Cirillo, proprietor of Fat Cats, at 667 Grant Street, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0 No. 149 Notification Serials #8508-8510 Repeal No Turn on Red Niagara Street, etc. (Item No. 30, C.C.P., May 16, 1995) That the Notification Serial Nos. 8508 & 8509, be received and filed; except that Notification Serial No. 85 1 0 be denied. Pursuant to Subdivision 3 of Section 33 of Chapter 479 of the Ordinances of the City of Buffalo, the following changes to the traffic ordinances (Chapter 479 of City Code) is hereby denied and disapproved: PROHIBITED PORTION HWY PROHIBITED PERIOD Hertel Avenue, north side At all times from Parkside Avenue to a point 140' west therefrom ADOPTED. No. 150 Use of Portion of Bird Avenue for Parking (Item No. 14, C.C.P., May 2, 1995) That the Comptroller be, and he hereby is authorized to negotiate with Mr. Peter Gervace and Mr. Michael Geiger, for an agreement to use that portion of Bird Avenue (a Paper Street) between Niagara Street and the former New York Central Railroad tracks for additional parking for the restaurant they are constructing at 1520-1526 Niagara Street and report to the Common Council the results of such negotiations. ADOPTED. No. 151 Use Prtn. Bird for Parking (Item # 4 CCP May 16, 1995) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 152 Use Prtn. Bird for Parking (Item # 58 CCP May 16, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 153 Stop Sign - Eller and Yonkers (Item # 51 CCP May 16, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 154 Low Cost Power Incentives (Item # 87 CCP March 21, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 155 NYS Pwr. Authority - Low Cost Power Incentives (Item # 139 CCP March 21, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 156 1995 State of the Environment Report (Item # 8 CCP May 16, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 157 Include Fillmore Avenue in Greenway System (Item No. 207, C.C.P., May 2, 1995) That this Common Council request that the Waterfront Greenway System Plan be amended to "complete the necklace" by including Fillmore Avenue south of Best Street to South Park Avenue as a Road Bike Lane and Greenway Trail, which will effectively create a circle joining the system together. PASSED. AYES- 13 NOES- 0. No. 158 Greenway T.F. - Include Fillmore in Greenway Sys. (Item # 95 CCP May 16, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 159 Ban Use of Imports/Substitutes for Chlorofluoro-carbons (Item No. 230, C.C.P., May 16, 1995) That this Common Council requests that the Corporation Counsel draft legislation making it illegal in the City of Buffalo to use imports and potentially dangerous substitutes in place of chlorofluorocarbons in refrigerators and car and home air-conditioning units. ADOPTED. No. 160 Appointment of Member - Buffalo Municipal Housing Authority (Item No. 1, C.C.P., May 16, 1995) That the appointment of Sherill Colston, 333 Parker Avenue, Buffalo, 14214, as a member of the Buffalo Municipal Housing Authority, for a term effective immediately and will expire October 19, 1997, be and hereby is confirmed. ADOPTED. No. 161 SEQR Neg. Decl. - Firehouse Elm/Virginia (Item # 26 CCP April 18, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. ECONOMIC DEVELOPMENT HON. CARL A. PERLA JR. CHAIRMAN No. 162 LDA Walden Heights Housing Hearing (Item No. 69, C.C.P. 5/16/95) That the above item be and the same is returned to the Common Council without recommendation. 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. Perla, the item is properly before the Common Council, and the hearing be opened. CARRIED. Appearances Louis Malucci- Community Revitalization Marge Thielman Hastriter- Neighborhood Activist Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Czajka. CARRIED. Mr. Perla now moved that: Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated M.J. Peterson/Forbes Housing, Co., James Management, Co. and Marrano Marc Equity Corporation and/or other legal entity to be formed as qualified-and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and Whereas, BURA and Redeveloper desire to amend said LDA to Reduce the Purchase Price of the Property from Thirteen Thousand Dollars ($13,000.00) per building lot to Eleven Thousand Dollars ($11,000.00), Now, Therefore Be It Resolved, in consideration of the premises and the mutual obligation of the parties hereto, each of them does hereby covenant and agree with the other to amend the LDA as follows: 1.) Amend Section 1 of said LDA to reduce the Purchase Price to Eleven Thousand Dollars ($11,000.00) per building lot. 2.) Amend Section 9 to include the following: E. Site and title work to be Performed by the Redeveloper. The Redeveloper agrees that it is responsible for the completion of the following: a. Significant surface debris has been dumped on the site and must be removed before transfer of property to the Redeveloper. Once the Redeveloper is in title to the property it will be their responsibility to insure the site is clear of any surface debris. b. Site drainage to the rear of the sublots must be installed to prevent the possibility of flooding of the backyards of the homes to be constructed. c. A fence must be installed along the easterly boundary of the property where the storm drainage area is located on the Town of Cheektowaga side as a security fence and a berm must be constructed to screen the drainage site from the housing project. d. Cost of survey and title work. 3.) That M.J. Peterson/Forbes Housing, Co., James Management, Co. and Marrano Marc Equity Corporation and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for the Walden Heights New Housing Project in the Community Wide Urban Renewal Demonstration Program Area. 4.) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES- 13 NOES- 0 No. 163 LDA B.N.R.C. Redevelopment Hearing (Item No. 701 C.C.P. 5/16/95) That the above item be and the same is returned to the Common Council without recommendation. 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. Perla, the item is properly before the Common Council, and the hearing be opened. CARRIED. Appearances - Louis Malucci, Community Revitalization Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Czajka. CARRIED. Mr. Perla now moved that: Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated Buffalo Neighborhood Revitaliation Corporation and/or other legal entity to be formed as a qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and Now, Therefore, Be It Resolved: (1) That Buffalo Neighborhood Revitalization Corporation other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for the City Property Rehabilitation Program Phase I in the Community Wide Urban Renewal Demonstration Program Area. (2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency and the Mayor of the City of Buffalo is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. (3) That the final, negotiated rehabilitation contracts and all costs shall be presented to the Common Council, before the final property transfer, for their final approval. PASSED. AYES- BELL, COLLINS, COPPOLA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS- 10 NOES- ARTHUR, CZAJKA, ZUCHLEWSKI- 3 No. 164 Draft Consolidated Plan (Item # 3 CCP May 16, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 165 James Management - Request City Acquire/Demolish 104 Glenwood (Item No. 83, 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 moved that the above item be recommitted to the Committee on Economic Development. ADOPTED. No. 166 City Acquire/Demolish 104 Glenwood (Item # 40 CCP April 18, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 167 Identify BURA Resources (Item # 65 CCP May 16, 1995) That the above mentioned Item be and the same is hereby referred to Urban Renewal Agency Committee. ADOPTED. RESOLUTIONS No. 168 By: Mr. Arthur CITY OF BUFFALO LOCAL LAW NO (1995) INTRODUCTORY NO. 12 (1995) A LOCAL LAW amending section four hundred sixty-six of article twenty-five of the charter of the city of Buffalo, in relation to police and fire pensions. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That subsections one through nine and subsection fourteen of section four hundred sixty-six of article twenty-five of the charter of the city of Buffalo, adopted pursuant to law, be amended to read as follows: Sec. 466. Amount of Pension. Pensions shall be paid in equal monthly installments as follows: (1) To a member retired pursuant to subdivision one of section four hundred sixty-three or subdivision one of section four hundred sixty-four, a sum equal to one-half of such member's salary or compensation received at the time of his retirement, but not less than (eight hundred thirty-five] eight hundred eighty-five dollars per month. (2) To a member retired after this local law takes effect solely by reason of twenty-five years of service, a sum equal to one-half of such member's salary or compensation received at the time of his retirement but not less than (eight hundred thirty-five] eight hundred eighty-five dollars per month. (3) To a member retired pursuant to subdivision four of section four hundred sixty-four, a sum equal to one-half of such member's salary or compensation received at the time of his retirement but not less than [eight hundred thirty-five] eight hundred eighty-five dollars per month. (4) To a member retired pursuant to subdivision five of section four hundred sixty-four, a pension shall be granted upon the conditions and at the rate applicable to said member on the day preceding his receipt of said notice of discharge or demotion but not less than [eight hundred thirty-five] eight hundred eighty-five dollars per month. (5) To a member retired by reason of having reached the age of seventy years, a sum equal to one-half of such member's salary or compensation received at the time of his retirement but not less than [eight hundred thirty-five] eight hundred eighty-five dollars per month. (6) To any member retired on account of injury, disease or disability and who has completed ten or more years of service, a sum equal to one-half of such member's salary or compensation received at the time of his retirement but not less than [eight hundred thirty- five] eight hundred eighty-five dollars per month. (7) To the widow of any member heretofore or hereafter killed in the discharge of his duty in said department, a sum in monthly installments equal to his salary or compensation for one year at the rate paid him at the time of his death and after the first year the sum of [six hundred ten] six hundred sixty dollars per month. (8) To the widow of any member who dies or has heretofore died as a result of injury received in the discharge of his duty in said department, a sum in monthly installments equal to his salary or compensation for one year at the rate paid him at the time of his death and thereafter the sum of [six hundred ten] six hundred sixty dollars per month until her death or remarriage. (9) To the widow of a member who dies or has heretofore died while in service or after retirement, a sum of [six hundred ten] hundred sixty dollars per month during her lifetime or until her remarriage. (14) In addition to any payments provided in subdivisions one, two, three, four, five and six of this section, there shall be paid to a member an annual pension total of the pension amount as prescribed on June thirty nineteen hundred ninety-[four] five, plus an additional amount of [twenty-five] fifty dollars per month. Section 2. This local law shall be effective July 1, 1995, but shall be subject to the reallocation provisions of section forty-one of the charter of the city of Buffalo to provide an appropriation in the budget to fund the expenditure. APPROVED AS TO FORM Edward Peace Corporation Counsel Note: Matter in brackets [ ] to be deleted, matter underline is new. LAID ON THE TABLE. No. 169 By: Messrs. Arthur and Pitts Ordinance Amendment Chapter 511 - Zoning Change to R4 District The Common Council of the City of Buffalo does hereby ordain as follows: That Section 511-20 of Chapter 511 of the Code of the City of Buffalo be amended to read as follows: 511-20(C). Nonprofit institution for charitable, religious, cultural or civic purposes, subject to that part of 511-12H regarding institutions primarily for contagious disease patients, mental patients, epileptics, drug or liquor addicts, the insane or feebleminded or for penal or correctional purposes, but not including the handling, repairing, processing, keeping or displaying of any merchandise or the rendering of merchandising services on the premises. Regulated human service facility uses subject to Article XXVII of this Chapter shall only be permitted upon compliance with the requirements contained in Article XXVII of this Chapter. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in ( ) brackets to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 170 By: Messrs. Arthur and Pitts Ordinance Amendment Chapter 511 - Zoning-Restricted Use Permit Hearing The Common Council of the City of Buffalo does hereby ordain as follows: That Section 511-55 of Chapter 511 of the Code of the City of Buffalo be amended to read as follows: 511-55(B) Notice and hearing. The Common Council shall publish a notice in a newspaper of general circulation in the City of Buffalo setting forth the name of the applicant, the location and owner of the property, the use [purposes] proposed and the time and place of a public hearing to be held by the Committee on Legislation no sooner that five (5) business days after the day of publication. Upon an application for a restricted use permit for a Human Service Facility pursuant to Article XXVII of this Chapter, the City Clerk shall also serve ten (10) days notice of the time, place and object of such hearing upon all owners and occupants of properties having a frontage on both sides of the public highway or highways within four hundred (400) feet in both directions along such highway or highways from the nearest side line, or nearest side line extended, of the premises to be considered for such use and also upon the owners and occupants of all properties located within fifty (50) feet of the rear or side line of any premises for which such use is proposed, Such notice shall also indicate that the use permit application is available for public inspection at the City Clerk's Office prior to such hearing. The City Clerk shall make available for public inspection prior to such hearing the use permit application for a Human Service Facility. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 171 By: Messrs. Arthur and Pitts Ordinance Amendment Chapter 511 -Zoning, Use Permit Requirement The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 511 of the Code of the City of Buffalo be amended to add a new Article XXVII to read as follows: ARTICLE XXVII Restricted Use Permit 511-136 Use Permit required for Human Service Facilities. A. Legislative Findings and Intent. It is recognized that human service facilities exist in locations throughout the City of Buffalo. It is further recognized that there exists a concentration of such facilities in certain areas of the City despite application of the current Zoning Ordinances of the City of Buffalo. The continuing placement of such facilities in areas which are already over-concentrated serves to defeat the community integration goals of these facilities and may alter the nature and character of affected areas to the detriment of both the users of such facilities and the community in general. Further regulation is therefore necessary to balance the interests of the users of such facilities and the community in general. B. Regulated Uses. Effective July 1, 1995, any public or private facility established to provide human services or assistance of a charitable, religious, cultural, civic or social nature, including but not limited to, food pantries, soup kitchens, substance abuse community or residential treatment facilities, walk-in or drop-in centers, counseling centers, detention centers, temporary or short term shelters, residential treatment facilities established for penal or correctional purposes, or similar facilities, shall be permitted in any R or C District, provided that such use is approved individually by the Common Council after application in accordance with the requirements of this Article and upon the issuance of a restricted use permit pursuant to Section 511-55 of this Chapter. The restricted use permit requirements of this Article shall apply to regulated uses existing prior to the effective date of this Article which are enlarged or extended after the effective date of this Article. C. Application for Restricted Use Permit. In addition to the requirements under Section 511-55 of this Chapter, applicants proposing to establish regulated uses as described in Subsection B of this Article, or any combination thereof, shall submit to the Common Council and the City Planning Board a detailed description of the proposed use, including but not limited to, an estimation of the number of individuals to be served at the facility over a stated time period, the number of residents to be housed, the activities and programs anticipated at the facility, the hours of operation and the degree of supervision at the facility. The Common Council and the City Planning Board may also require other information as may reasonably be required to ascertain the impact of the proposed facility on public safety, health and welfare. D. Standards. In addition to a consideration of the effect of the proposed use on the public health, safety, aesthetics or general welfare as authorized under Section 511-55(D) of this Chapter, including but not limited to, the impact upon traffic patterns, municipal services, and noise, the Common Council may authorize and direct the denial of the issuance of the restricted use permit because to do so would result in such a concentration of the facilities described in Subsection B of this Article in the area in proximity to the site proposed by the applicant that the nature and character of the area would be substantially altered. In no event shall a regulated use be permitted where it is established that five (5) percent of the land uses within a half-mile radius of the proposed site are uses regulated under this Article, or similar uses. E. Conditions on restricted use permits. The Common Council shall attach to such permit such conditions as are necessary or desirable in its judgment to ensure the compatibility of the proposed use with surrounding property and overall development of the community and other restrictions pursuant to Section 511-55(D) of this Chapter. Such conditions shall be expressly set forth in the resolution authorizing the restricted use permit and in the permit therefor. Violation of such conditions shall be a violation of this Chapter. The compliance and revocation provisions contained in Sections 511-55(E) and 511-55(F) shall be applicable to restricted use permits issued pursuant to this Article in addition to the general penalty provisions contained in Buffalo Code Section 1-15 and any other penalty allowed under applicable law. Nothing contained herein shall preclude the Common Council from making reasonable accommodations in rules, policies, practices or services, as are necessary to allow the users of a regulated facility to use and enjoy such facility. F. Abandonment of use. All restricted use permits issued under this Article shall expire and terminate upon the cessation or abandonment of the permitted use for a one-year period. G. Termination. (1) All restricted use permits hereinafter issued shall be deemed to be personal to the holder and shall terminate upon the transfer of title or ownership of the property or change of operator, tenant or occupant or a change of use. H. Exemption. The requirements of this Article shall not apply to hospitals, sanatoriums or other institutions governed by Section 511-12(H) of this Chapter. The requirements of this Article shall not apply to those facilities whose site selection is comprehensively regulated by State or Federal law and when such regulation is intended to preempt local regulation of site locations as contained in this Article. I. Effective Date and Expiration. This Article shall take effect on July 1, 1995 and shall expire on July 1, 1997. J. Severability. If any word, clause, sentence, paragraph, subsection, section or part of this Article included in this Article now or through supplementation, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the word, clause, sentence, paragraph, subsection, section or part thereof directly involved in the controversy in which such judgment shall have been rendered, APPROVED AS TO FORM Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION. No. 172 By: Mr. Collins Transfer of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $5,000 be and the same is hereby transferred from the Reserve for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $5,000 To: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $5,000 From: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $5,000 To: 200 Capital Projects 40-2 - Division of Buildings 081 - Reconstr. of Delaware Park Labor Center $5,000 PASSED. AYES- 13 NOES- 0. No. 173 By: Mr. Collins Transfer of Funds Department of Assessment Department of Assessment - 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 $5,661 be and the same is hereby transferred from the Department of Assessment and said sum is hereby reappropriated as set forth below: From: 100 General Fund 090 - Department of Assessment 001 - Assessment 598 - Freeze Account $3,300 580 - Non-Professional Services $1,799 540 - Printing and Bidding $ 300 536 - Advertising $ 262 Total $5,661 To: 100 General Fund 090 - Department of Assessment 085 - Exempt Items 982 - Operating Equipment $ 5,661 PASSED. AYES- 13 NOES- 0. No. 174 By: Mr. Collins Transfer of Funds Department of Fire - Fire Headquarters and Station House Maintenance Department of Fire - Servicing Automotive Equipment 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 $7,850 be and the same is hereby transferred from the Department of Fire - Fire Headquarters and Station House Maintenance and said sum is hereby reappropriated as set forth below: From: 100 General Fund 210 - Department of Fire 031 - Fire Headquarters and Station House Maintenance 598 - Freeze Account (530) $7,850 To: 100 General Fund 210 - Department of Fire 032 - Servicing Automotive Equipment 573 - Engineering and Technical Services $2,000 451 - Automotive Repair Supplies $5,000 530 - Laundry and Towel Service $ 850 PASSED. AYES- 13 NOES- 0. No. 175 By: Mr. Collins Transfer of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $35,000 be and the same is hereby transferred from the Reserve for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $35,000 To: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $35,000 From: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $35,000 To: 200 Capital Projects 40-2 - Division of Buildings 529 - Reconstruction & Repair of Roberto Clemente Center $35,000 PASSED. AYES- 13 NOES- 0. No. 176 By: Mr. Collins Transfer of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $135,000 be and the same is hereby transferred from the Reserve for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $135,000 To: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $135,000 From: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $135,000 To: 200 Capital Projects 40-2 - Division of Buildings 530 - Repairs to Leased Animal Shelter $135,000 PASSED. AYES- 13 NOES- 0. No. 177 By: Mr. Collins Increased Appropriation Department of Public Works - Buildings, Revenues, Miscellaneous Department of Public Works - Division of Buildings That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and tile Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - 402 - Department of Public Works, Division of Buildings- 021 - Administrative Services 560 - Building Repairs & Alterations, be and the same hereby is increased in the sum of $60,727. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: Revenue City 100 General Fund 402 - Division of Buildings 402 - City Revenue 90000 - Miscellaneous $60,727 To meet the Increased Appropriation as set forth below: 100 - General Fund 40 - Department of Public Works 2 - Division of Buildings 021 - Administrative Services 560 - Building Repairs & Alterations $60,727 PASSED. AYES- 13 NOES- 0. No. 178 By: Mr. Collins Increased Appropriation County Revenue - Erie County Sales Tax Various Departments, General City Charges 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 - Various departments be and the same is hereby increased in the sum of $3,689,580 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 $3,689,580 To meet the increased appropriation as set forth below: 100 General Fund 08-0 Department of Law 001 - Corporation Counsel Purchase of Services 583 - Unclassified $40,000 10-4 Division of Inventory & Stores 001 - Inventory Management Materials & Supplies 452 - Fuel & Lubricants 40,000 Purchase of Services 541 - Postage 30,400 20-3 Department of Police - Patrol Services 002 - Patrol Personal Services 110 - Salaries - Regular 1,322,470 21-0 Department of Fire 01 1 - Firefighting Services Personal Services 110 - Salaries - Regular 1,521,710 81-2 Miscellaneous Charges 809 - Judgement & Claims Prior Years' 100,000 81-3 Fringe Benefits 128 - Duty Disability - Regular 300,000 156 - Social Security System 200,000 81-9 Exempt Items 842 Reserve for Capital Improvements 135,000 Total $2,689,580 PASSED. AYES- 13 NOES- 0. No. 179 By: Mr. Collins Bond Resolution $380,000 Bonds Machnica Community Center Reconstruction & Expansion Account 200-402-059 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $380,000 General Improvement Bonds of said City, to finance the cost of the partial reconstruction of and construction of additions to the Machnica Community Center, at the estimated maximum cost of $380,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of $380,000, pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the partial reconstruction of and construction of additions to the Machnica Community Center, located at 1799 Clinton Street in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $380,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1994-95, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction & Expansion of Machnica Center, 1994-95, Bond Authorization Account No. 200-402-059, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $380,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. ii. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.12.(a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: May 30, 1995 LAID ON THE TABLE. No. 180 By: Mr. Collins Resolution Amending Appendix A to the Financing Agreement and Approving a Representations Agreement in Connection with the Issuance and Sale of Series 1995 Bonds Whereas: Pursuant to Section 1048-i of Title 2-B of the Public Authorities Law of the State of New York, the City of Buffalo (the "City"), the Buffalo Municipal Water Finance Authority (the "Authority") and the Buffalo Water Board (the "Board") entered into a Financing Agreement dated as of September 24, 1992, as amended (the "Financing Agreement"); and Whereas: Pursuant to Section 2.1 of the Financing Agreement, the Authority agreed to use its best efforts to finance all or a part of the costs of the projects described in Appendix A to the Financing Agreement; and Whereas: Appendix A to the Financing Agreement also contains a breakdown of the anticipated use of the proceeds of the bonds of the Authority to be issued to finance said projects; and Whereas: Pursuant to Section 2.1 of the Financing Agreement, Appendix A to the Financing Agreement may, from time to time, upon approval by resolution of the City, the Authority and the Board, be amended to add a project or to delete or change project listed thereon or to change the scope of costs of the Project listed thereon; and Whereas: The Authority proposes to issue its revenue bonds (the "Series 1995 Bonds") to finance certain additional costs of projects as specified herein; and Whereas: The additional projects to be financed from the proceeds of the Series 1995 Bonds will constitute "construction or placement of minor structures accessory or appurtenant to existing facilities," "extension of utility distribution facilities to serve new or altered single or two-family residential structures or to render services to approved subdivision," or "replacement of a facility, in kind," each of which is a "Type 11" action under the State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law ("SEQR"); and Whereas: The Common Council desires to further amend the Financing Agreement to authorize certain additional projects, subject to further approval by the Common Council; and Whereas: The Authority, the Board and the City have agreed to amend Appendix A to the Financing Agreement as set forth below; and Whereas: In connection with the issuance and sale of the Series 1995 Bonds by the Authority there has been presented to this Common Council a form of Agreement as to Representations and Warranties (the "Representations Agreement") ; and Now, Therefore, Be It Resolved That: The Common Council hereby approves the form and substance of the addendum to Appendix A to the Financing Agreement consisting of the " 1995 Addendum to Appendix A Anticipated Use of Bond Process and the " 1995 Addendum to Appendix A-1 Capital Project Plan" (collectively, the "Addendum") a copy of which is attached to this resolution and which is hereby incorporated herein by reference; provided, however, that the projects identified as part of the Addendum other than the projects identified under the caption "94-95" shall be subject to further approval by the Common Council of the proposed Capital Budget for the applicable fiscal year, and provided further that such approval shall be subject to any required review under SEQRA; And Be It Further Resolved That: The form and substance of the Representations Agreement is hereby approved with such changes as the Corporation Counsel may deem appropriate, necessary and convenient; And Be It Further Resolved That: The amendment of the Financing Agreement by appending the Addendum is hereby approved; And Be It Further Resolved That: The Mayor is hereby authorized and directed to execute and deliver on behalf of the City the Addendum and the Representations Agreement in substantially the form presented to this meeting, with such changes, variations, omissions and insertions as the Corporation Counsel shall approve, and the execution thereof by the Mayor shall constitute conclusive evidence of such approval; And Be It Further Resolved That: The members, officers, employees and agents of the City are hereby authorized and directed for and in the name of and on behalf of the City to do all acts and things required or provided by the provisions of the Financing Agreement, as amended by the Addendum, and the Representations Agreement, and to do all further acts and things as may be necessary or, in the opinion of the member, officer, employee or agent acting, desirable and proper to effect the purposes of the foregoing resolution and/or to cause compliance by the City with all of the terms, covenants and provisions of the Financing Agreement, as so amended (including the Acquisition Agreement and Operation Agreement incorporated therein), binding on the City. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 181 By: Mr. Coppola 1995 Greater Buffalo Italian Heritage Whereas: The North Buffalo Community Development Corp., the Hertel-North Buffalo Business Assn., Inc., and the West Side Business and Taxpayers Assn., Inc. have requested permission to again jointly conduct the Greater Buffalo Italian Heritage and Food Festival from July 12, 1995 through July 16, 1995, on Hertel Avenue; and Whereas: These groups are also requesting that Hertel Avenue be closed to vehicular traffic between Crestwood and Tennyson Avenues during the above dates, and that cross-streets between Colvin and Delaware, and also Linden and Tacoma Avenues between Colvin and Delaware, be designated Festival areas; and Whereas: This festival will be a major expression of Italian Heritage which includes culture, customs and foods, and will once again attract people from hundreds of miles away. Now, Therefore, Be It Resolved that The North Buffalo Community Development Corp., the Hertel-North Buffalo Business Assn., Inc., and the West Side Business and Taxpayers Assn., Inc. are hereby granted permission to jointly conduct the 1995 Greater Buffalo Italian Heritage and Food Festival subject to the following conditions: (A) The Festival shall be conducted on Hertel Avenue from July 12 through July 16, 1995, between the hours of 10:00 am and 10:00 pm with Monday, July 10 from 6:00 pm and Tuesday, July 11 to be used only as set-up days, and Monday, July 17, 1995, to be used only as a breakdown day with traffic to recommence by noon of that day; (B) Hertel Avenue, between Crestwood and Tennyson Avenues, shall be closed to vehicular and bicycle traffic, and dogs and other animals shall also be prohibited, during the Festival. In addition, cross streets bounded by Colvin, Linden, Delaware and Tacoma Avenues, including those boundary streets, shall be part of the Festival Area subject to its rules and regulations. Permittees, with the cooperation of and at the direction of the Police Department, will furnish and locate barriers to be placed at the beginning time of the Festival and to be removed at the ending of the Festival; (C) That the City-owned Residential Area parking Lot, located behind 1180 Hertel, shall be closed to general use and shall be reserved solely for those residents of Hertel Avenue residing within the Festival area, and this restriction shall be enforced strictly by the City and Festival Committee; (D) That the Festival Committee be, and hereby is, authorized to erect appropriate banners and fittings on street lamp posts on Hertel Avenue from the easterly side of Colvin to the westerly side of Delaware, and a banner across Hertel at Tennyson and at Crestwood, all within conditions specified by the Department of Public Works. (E) Permittees shall furnish to the City of Buffalo proper liability insurance as determined by the Special Events Committee and the Corporation Counsel. (F) Permittees shall assure complete responsibility for removing barriers, pennants, decorations, barricades, stands, equipment and any trash or debris in the area arising out of the Festival. (F) Permittees shall assume complete responsibility for conducting the Festival in compliance with all the laws and ordinances applicable, and with all directives of the various City departments, including Police, Fire, Street Sanitation, Transportation and Public Works. (G) Permission is hereby granted for the above under such terms and conditions so as to protect the interests of the City of Buffalo, as set forth by the Special Events Committee. PASSED. AYES- 13 NOES- 0. No. 182 By: Mr. Coppola Slow Street Pilot Project Whereas: The residents of Ashland Avenue between Lexington and West Ferry, and Highland Avenue between Elmwood and Norwood, have requested that their streets be used as a "Slow Street" pilot project; and Whereas: The Department of Public Works, after meeting with this council member and resident representatives, has agreed to a one-year pilot project and will work with residents on design, construction, and implementation; and Whereas: The project will commence on or about July 1, 1995, with the construction of pavement neck-downs at the four corners of Ashland and Highland Avenues to reduce the size of the intersection thus forcing traffic proceeding into the intersection to move through a narrower spot, which in turn focuses more attention and an attendant reduction in speed; and Whereas: The project will be reviewed at the end of one year to determine the need to continue the project on a permanent basis; and Whereas: The "Slow Street" is a concept that has been successfully implemented in cities through the nation and promotes safe, pleasant conditions for residents, motorists, bicyclists, and pedestrians alike. Therefore Be It Resolved that This Common Council hereby directs the Department of Public Works to commence a "Slow Street" pilot project at the intersection of Ashland and Highland Avenues on or about July 1, 1995, by creating pavement neck-downs at the four corners of the intersection. The creation of the neckdowns will in no way affect the city rights-of-way, and are subject to the approval of the Fire and Street Sanitation Departments, and will be reviewed at the end of one year to determine the need to continue the project on a permanent basis. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF FIRE AND THE COMMISSIONER OF STREET SANITATION. No. 183 By: Mr. Coppola Pastors' for Peace 5th Friendshipment Whereas: Last November, the Western New York community experienced Pastors' for Peace 4th US Friendshipment as over 260 tons of humanitarian aid crossed the Peace Bridge into Canada; and Whereas: Pastors' for Peace is sponsoring the 5th Friendshipment Caravan, with the caravan traveling 12 different routes through 100 cities to converge on Washington, DC, for a massive demonstration against the embargo June 17th; and Whereas: The entire caravan will then proceed to Buffalo where it will cross the Peace Bridge on June 23rd on its way to the Martin Luther King, Jr., Memorial Center in Havana, Cuba; and Whereas: The 5th Friendshipment Caravan further highlights the need for improving policy towards Cuba rather than current US policy or the proposal by Sen. Jesse Helms and Rep. Dan Burton, which seeks an international embargo to further isolate Cuba by attempting to impose the US-Cuba policy on the rest of the world; and Whereas: The citizens of Buffalo consistently exhibit empathy and caring for those persons in our world who suffer for lack of needed medical supplies and other necessities of life. Now Therefore Be It Resolved that this Common Council of the City of Buffalo welcomes the Pastors' for Peace 5th Friendshipment Caravan to the City of Buffalo and supports its mission of supplying medical supplies and other necessities of life to the people of Cuba; and Be It Further Resolved that the need for the 5th Friendshipment Caravan further highlights the deprivation of the people of Cuba and the need for improving policy towards Cuba rather than the current policy or the isolationist proposal by Sen. Jesse Helms and Rep. Dan Burton; therefore, this Common Council of the City of Buffalo requests that the City Clerk send a certified copy of this resolution to the President of the United States, Senators Moynihan and D'Amato, and Congressmen Paxon, LaFalce, and Quinn. ADOPTED. No. 184 By: Mr. Coppola: Rezoning Norwood & Ashland Avenue Whereas, The City of Buffalo recognizes that strong neighborhoods are essential to the maintenance of the existing quality of life and are a major contribution to the future growth and development of the City of Buffalo as an attractive place to live; and Whereas, Norwood Avenue bounded by Summer Street on the south and Lafayette Avenue on the north, Ashland Avenue bounded by Summer Street on the south and Forest Avenue on the north and Richmond Avenue bounded by Symphony Circle on the south and Colonial Circle on the north constitutes a vital, attractive residential area within the City of Buffalo which deserves and requires assistance to maintain its strong residential character; and Whereas, The streets that intersect Richmond Avenue, Norwood Avenue and Ashland Avenue in an east/west direction between Richmond and Elmwood Avenue, form an integral part of this residential area; and Whereas, When this area was originally zoned R-3, the population size and demographics of the City of Buffalo were expected to be much larger than present today; and Whereas, Due to the fact that the population is not as large as anticipated when the prior zoning ordinance was enacted in 195 1, the densities called for in an R-3 district are not needed for this residential area; and Whereas, The overwhelming use of properties in this district is consistent with R-2 zoning; and Whereas, A change of zoning to R-2 in this district would better reflect the City's long range plan to maintain and improve this district as an important residential neighborhood in the City; Now Therefore Be It Resolved: That the Zoning Map and Zoning Ordinances of the City of Buffalo be amended to include as an R-2 classification those properties currently classified as R-3, in the residential area consisting of Norwood Avenue bounded by Summer Street on the south and Lafayette Avenue on the north, Ashland Avenue bounded by Summer Street on the south and Forest Avenue on the north, Richmond Avenue between Symphony Circle and Colonial Circle, and the streets that intersect Richmond Avenue, Norwood Avenue and Ashland Avenue in an east/west direction between Richmond and Elmwood Avenues, as shown on the map attached to this resolution; and Be It Further Resolved, That it is the intent of this resolution that no heretofore permitted and existing use of the properties within the aforesaid residential area shall be affected by or subject to reclassification by this amendment to the Zoning Map and Zoning Ordinance, and that the effect of the amendment shall be prospective from the date of adoption; and it is further Resolved, That this proposed amendment shall be referred to the Committee on Legislation and the City Planning Board pursuant to Section 511 (126) of the Zoning Ordinances of the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL. No. 185 By: Mr. Franczyk City of Buffalo Home Rule Request Regarding the Discontinuance and Conveyance of Certain Land, the Site of Former School 25, Used As Park Land Whereas: The land in the City of Buffalo, the former site of School 25, located at the comer of Lewis and Lyman Streets, was reconveyed to the City of Buffalo by the Buffalo Board of Education in 1967, and Whereas: After said conveyance in 1967, the school building was demolished but the school playground remained in use, although never formally dedicated as parkland, and was maintained without the use of state or federal funds; and Whereas: Upon the dedication and opening of Franczyk Park, located on Lewis Street, across from the playground, the use of the playground was discontinued, and has been discontinued for ten years or more, and the land has remained vacant, unimproved, and unused for parkland or recreational use in all that time; and Whereas: The Polish Community Center, Inc., a not-for-profit corporation, providing human services programs, has been designated developer of the site former School 25 at Lewis and Lyman Streets to construct housing for low income senior and disabled persons; and Whereas: This Body has approved conveyance of the site to the designated developer for good and fair consideration for the purpose of constructing housing for low income senior citizens and disabled tenants on the property; and Whereas: Special state legislative authorization named S. 4389 and A. 7437 has been set forth and passed in the Senate and Assembly by Hon. William Stachowski and Hon. Francis Pordum hat is necessary to ratify the discontinuance and conveyance of the land at the intersection of Lewis and Lyman Streets, the site of the former School 25; Now Therefore, Be It Resolved: That this Common Council hereby memorialize the joint authorization of New York State's Senate and Assembly by confirming the Home Rule Request set forth in S. 4389 and A. 7437 to discontinue use as park lands the site formerly known as School 25; and Be It Also Resolved That: The City Clerk return the approved and signed necessary State forms to the Senate Home Rule Counsel in securing the aforementioned Home Rule Request. ADOPTED, No. 186 By: Messers. Helfer and Zuchlewski Establish Direct Haul Task Force Whereas: A proposal has been put forth regarding the possibility of using direct haul to dispose of solid waste; and Whereas: If it could be implemented, this concept could produce a significant savings for the city of Buffalo; Now, Therefore Be It Resolved: That the Common Council appoint a task force and charge it with examining the possibility of the city direct hauling some or all of its solid waste and report its findings to this Honorable Body; and Be It Further Resolved: That this task force be comprise of the following members: * Councilmember Kevin Helfer * Councilmember Bonnie Kane Lockwood * Councilmember Barbara Miller-Williams * Councilmember Date Zuchlewski * Comptroller Joel Giambra * Commissioner Eva Hassett * Commissioner Vincent LoVallo REFERRED TO THE COUNCIL PRESIDENT. No. 187 By Mr. Lockwood NYS Golf Access Pass(es) Used at City Courses Whereas: The Common Council adopted the revised golf fee schedule for the 1995 season; and Whereas: The fee schedule, as adopted, included a restriction on the times the New York State Access Pass would be accepted at City golf courses; and Whereas: The present restriction limits free golfing from Noon - 4 p.m. Monday - Friday to those whose disabling conditions qualified them for the N.Y.S. Access Pass; and Whereas: This has proven to be a hardship to the N.Y.S. Access Pass holders; and Whereas: The County of Erie permits N.Y.S. Access Pass holders to golf free Monday - Friday with no hour limitations. Now, Therefore Be ft Resolved: That this Common Council amend the 1995 golf fee schedule to allow the N.Y.S. Access Pass holder to use the pass Monday - Friday with no hour restriction. ADOPTED. No. 188 By: Messrs. Perla and Coppola Permission To Erect Banner For Buffalo Philharmonic Orchestra Whereas: The Buffalo Philharmonic Orchestra, 71 Symphony Circle, wishes to hang one banner, between two light standards located on Elmwood Avenue and Hodge Street, which will read "Come See The Buffalo Philharmonic Orchestra at Artpark '95, call 1-800-659-PARK' Whereas: The banner will be hung on approximately June 9th between Elmwood Avenue light standard number 468 and Hodge Street light standard number 162 and continue to hang through the month of August; and Whereas: An insurance policy, naming the city as insured will be in effect for the period the banner is hanging, in accordance with the city charter; and Now, Therefore Be It Resolved That: The Buffalo Philharmonic Orchestra be granted permission to erect said banner at the aforementioned location, for the time period stated, upon satisfaction of conditions set forth by the Department of Public Works. PASSED. AYES- 13 NOES- 0 No. 189 By: Mr. Pitts "Art Voice" Banner Whereas: "Art Voice" a local publication is sponsoring a Block Party on Sunday, June 25,1995. This gala event will bring sparkle and energy to Chippewa Street; and Whereas: The Party will be heralded far and wide, Fittingly, a banner should be erected to announce the occasion. Now, Therefore Be It Resolved: That the Common Council approve the placement of a banner at Niagara Square subject to conditions established by the Corporation counsel and Department of Public Works. PASSED. AYES- 13 NOES- 0. No. 190 By: Mr. Pitts City of Buffalo Local Law No. (1995) Introductory No. 11 (1995) A LOCAL LAW amending section thirty-nine of the Charter of the City of Buffalo in relation to budget procedures. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That the third and fourth paragraphs of section thirty-nine of article three of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: Sec. 39. Action on Budget. If no additions are made by the council, the budget, as passed by it, shall be deemed to have been adopted without any action of the mayor; if, however, the budget as passed by the council contains any such additions, it must be presented by the city clerk to the mayor on or before the twenty-eighth day of May, nineteen hundred ninety-two, and on or before the twenty-second day of May of each succeeding year for his consideration of such additions. If the mayor approves all the additions, he shall affix his signature to a statement thereof and return the budget and such statement to the city clerk. The budget, including the additions as part thereof, shall then be deemed to have been adopted. The mayor may object to any one or more or such added items and in such case shall append to the budget a statement of the added items to which he objects with the reasons for his objections and shall return the budget with his objections to the city clerk who shall present the same to the council at its next stated or special meeting. The council shall thereupon enter the objections upon its journal and proceed to reconsider the additions so objected to. If upon such reconsideration two-thirds of all the members constituting the council vote to approve such additions, or any of them, notwithstanding the objections of the mayor, the budget with the additions so approved, together with any additions not so objected to by the mayor, shall be deemed to have been adopted. If the budget with additions is not returned by the mayor to the city clerk with his objections within [ten] twenty-two days in the year nineteen hundred ninety-five. and within ten days each succeeding year- after its presentation to him, it shall be deemed to have been adopted. If a budget has not been adopted, as herein provided, on or before the [fifteenth] twentieth day of June, nineteen hundred (ninety-two] ninety-five and the eighth day of June of each succeeding year, then the budget, as submitted by the mayor, including all additions to which he has failed to object, shall be the budget for the ensuing fiscal year. Section 2. This local law shall take effect immediately. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this Local Law is necessary. ANTHONY M. MASIELLO Mayor APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets to be deleted; matter underlined is new. PASSED. AYES- 13 NOES- 0. No. 191 By: Mr. Pitts Resolution to Amend Year 20 CDBG Program Whereas, the Department of Housing and Urban Development requires that a grantee must amend its final statement when allocations for activities are being increased or reduced, and; Whereas, prior to amending its financial statement, the grantee shall provide citizens with reasonable notice of and opportunity to comment on (5 days) a proposed change in its use of funds, and; Whereas, the entire $150,000 in Year 20 Community Development Block Grant funds allocated for improvements and maintenance at the War Memorial Stadium complex was placed in the Public Improvements line, and; Whereas, the major portion of the War Memorial funding was always intended for administrative costs for the planning and scheduling of events and subsequent clean-up of the facility and; Whereas, the William-Emslie YMCA has agreed in principal to act as the not-for-profit organization to facilitate the delivery of human services at the War Memorial complex. THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO: That the "Final Statement of Objectives and Projected Use of Funds" be amended to provide $106,982 in additional human service funding to the YMCA for the War Memorial Stadium facility. Said funds are to be reallocated from the Year 20 War Memorial Stadium public improvements line, BE IT FURTHER RESOLVED: a) That the Mayor of the City of Buffalo, as the official representative of the grantee, be authorized to execute and file the herein described amendment to the Final Statement of Objectives and Projected Uses of Funds with the Department of Housing and Urban Development on behalf of the City of Buffalo. b) That the Mayor is further authorized to provide such additional information and furnish such documents as may be required by the Department of Housing and Urban Development. c) That the Mayor is further authorized to execute such contracts or agreements as my be necessary for the HUD funds applied for, to execute and file requisitions for funds and to act as the authorized representative of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 192 By: Mr. Pitts Invite Electric Car Maker to Locate in Buffalo Whereas: The Buffalo News recently reported that the Suntera Electric Chariot Company, a Hawaiian maker of electric cars, is looking for a location to build a plant capable of assembling 10,000 of their three wheeled minicars a year; and Whereas: This company's product fits well with the Green Gold Economic Development Strategy, which calls for Buffalo's development efforts to be directed toward companies that are producing solutions to the world's environmental problems; and Whereas: Suntera is reportedly looking at locating in Detroit, Boston, Fort Lauderdale, Phoenix, Saginaw and Seattle; and Whereas: Buffalo could be a much better location for this company because our city offers the following: A forward looking city government that understands the need for the environmental solutions industry and is committed to supporting their efforts and helping to solve their problems; A city government that is making extraordinary efforts of its own to solve local environmental problems and provide opportunities for environmental advances; A chance for companies and analysts to be at the center of planning and benefiting from an annual Green Gold conference that will advance the understanding and development of environmental solutions; The focused attention of local development officials, universities and the business and banking community in providing locations, workers, market support and infrastructure; A fantastic border location central to the important markets of New York, Toronto, Detroit, Cleveland, Pittsburgh, Chicago and Montreal; Cheap hydropower; A city image that can lend credibility to a corporation's image. Buffalo's honest, blue collar image can fuel a great marketing campaign; A skilled and committed labor force; A community in need of corporate headquarters which would be appreciated and could have a real impact if they located here; Proximity to the auto industry - both locally and regionally; Extensive brownfields ready for redevelopment when assessed and cleaned up properly; A glut of prime waterfront locations - soon to be connected to the entire waterfront by the Waterfront Greenway System; Inexpensive and architecturally wonderful housing; A good school system - an Environmental Solutions Technology magnet high school could be developed; Population attitude - strong environmental movement here that will support the environmental solutions industry; Now Therefore, be It Resolved That: This Common Council invites the Suntera Electric Chariot Company to consider locating in Buffalo, NY and extends an invitation to Suntera Chief Executive, Tony Locricchio, to visit our city of Good Neighbors to discuss moving his operation here; and Be It Further Resolved That: The City Clerk be directed to send certified copies of this resolution to Mr. Locricchio, to mayor Anthony Masiello, Erie County Executive, Dennis Gorski, the Greater Buffalo Partnership, the Erie County Industrial Development Agency, and the Buffalo Urban Renewal Agency. ADOPTED. No. 193 By: Mr. Pitts Rescind Sign Permit - Marine Bank Whereas: Marine Midland Bank is a member of the Hong Kong Shanghai Bank Group; and Whereas: The Bank recently discontinued the use of the familiar sailing ship logo, adopting the corporate "bow tie" logo of HSBC; and Whereas: This new corporate logo is prominently displayed on all four sides of the top of the local headquarters at One Marine Midland Center; and Whereas: While the use of a bow tie is an admirable, fashionable, tasteful, and potentially trend-setting statement, the placement of a giant bow the logo at the top of the city's tallest building has been the source of numerous complaints; and Whereas: The City of Buffalo has regulatory authority concerning placement of signage in the City, particularly in specifically designated areas such as the South Ellicott Urban Renewal Area and Waterfront Redevelopment Area; and Whereas: The necessary permits to place the signs were issued to Marine, but it is unclear as to whether mitigating circumstances such as location in a special district were evaluated; Now, Therefore, Be It Resolved: That this Common Council direct the Corporation Counsel, the Public Works Department, and the Division of Planning to report to this Council on the regulations regarding placement of the signage atop the Marine Center; and Be It Further Resolved: That any and all procedures required to mandate the immediate removal of the signage be initiated should it be determined that any regulations were not specifically adhered to. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF COMMUNITY DEVELOPMENT, THE CORPORATION COUNSEL AND MARINE MIDLAND BANK. No. 194 By: Mr. Pitts Repair Water Main at 218 Madison St. Whereas: On May 11, 1995 a City of Buffalo Sanitation truck, while picking up trash, broke the water box at 218 Madison St.; and Whereas: The water began leaking into the street immediately and the owner of 218 Madison St. called the Water Division and reported the incident; and Whereas: The Water Division is now threatening to turn off the owner's water service until repairs are made, even though the owner is clearly not responsible and cannot afford to pay for the repairs; Now, Therefore Be It Resolved: That this Common Council request that the Commissioner of Public Works not turn off the water service at 21 8 Madison St.; and Be It Further Resolved: That this Honorable Body also request that the Commissioner of Public Works cause the water leak at 218 Madison St. to be repaired at the expense of the Water Division. ADOPTED. No. 195 By: Mrs. Williams Appointment of Legislative Assistant Now, Therefore, Be It Resolved: That the Common Council does hereby appoint Ernest Johnson, 481 Adams St., Buffalo, NY, to the position of Legislative Assistant to Council member, effective May 15, 1995. ADOPTED. No. 196 By: Mrs. Williams Repeal Permissive Parking-Washington between Virginia and Main Streets Whereas: Pollack Printing, located at 877 Main Street between Carlton and Virginia Streets, has experienced an ongoing parking problem since 1993; and Whereas: Since that time, parking meters have been installed on Main Street and recently, Parking Enforcement Officers began marking the tires of cars parked on Washington Street since it is posted as a two hour parking limit zone. When the employees would move their cars, the officers came and marked the tires again; and Whereas: The City's Administration recognizes that there is a parking problem but has been unsuccessful in locating off-street parking from neighboring businesses for employees of Pollack Printing; Now, Therefore Be It Resolved: That the Department of Public Works Division of Engineering, in conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, repeal existing Permissive parking provisions on Washington Street, between Virginia and Main Streets to allow parking for more than two hours at a time. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 197 By: Mrs. Williams Ordinance Amendment Chapter 254 -Junk Dealers and Pawnbrokers The Common Council of the City of Buffalo does hereby ordain as follows: That Section 254-7 of the Code of the City of Buffalo be amended to read as follows: 254-7. Television repair exempted. The licensing requirements of 254-2, 254-3, 254-4 and 254-5 of this chapter shall not be applicable to television technicians or television apprentices or any other persons required to comply with the licensing provisions of [Chapter 444, Television Repair] Chapter 143- Consumer Electronics Installation and Repair. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 198 By: Mr. Zuchlewski Payment in Lieu of Medical Coverage Program for Retirees Whereas: on October 18, 1983 the City of Buffalo decided to extend the payment in lieu of medical coverage program to city retirees and, Whereas: the adoption of this program allowed retired city workers whose spouses had duplicate medical coverage to accept the in lieu of payments at substantial savings to the city and, Whereas: many employees who retire from the city start new jobs where they receive medical benefits, but are unable to quality for the in lieu of payments because the program is restricted to retirees whose spouses have alternate insurance, Now, Therefore, Be It Resolved: that the Common Council instruct the Division of Labor Relations to permit waiver of medical benefits by any retiree who has alternative coverage from any source whatsoever. PASSED. AYES- 13 NOES- 0. No. 199 By: Mr. Zuchlewski Banners -"The William S. Paley Collection" Whereas: The Albright-Knox Art Gallery will be promoting the display of "The William S. Paley Collection", and Whereas: The collection will be on display at the Gallery from July 22nd through October I st, and Whereas: The Marketing Coordinator of Albright-Knox Art Gallery would like permission to install street banners to promote this collection, and Whereas: This request would be for the months of July, August and September, and Whereas: The requested localities of these banners is on Elmwood near Forest from light pole #1 138 and attached to the light pole directly across the street and in Niagara Square attached to light pole #34 to light pole #3, and Now, Therefore, Be it Resolved: That the Albright-Knox Art Gallery be granted permission to hang both banners across the aforementioned localities during the months of July, August and September. PASSED. AYES- 13 NOES- 0. No. 200 By: Mr. Zuchlewski Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Latoya Davis By Councilmember Arthur and Collins Felicitation for Buffalo Alumnae Chapter of Delta Sigma Theta Sorority, Inc. By Councilmember Arthur and Williams Felicitation for Dr. Sylvia Faulk by Councilmember Pitts and Williams Felicitation for Margaret Sabir-Gillette By Councilmember Collins and Arthur Felicitation for Rev. Mark Edward Blue By Councilmember Arthur and Collins ADOPTED. No. 210 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: Diane D. Tardibuono Hope Hoetzer-Cook Theresa Wiechec Mario Alaimo Daniel A. Rusin David F. Satdak Frank J. Bifulco Heather L. Watson Keith G. Tyson Anthony J. Mirusso David L. Penna Victoria Spagnoli Dolores H. Leahy Bruno V. Stra Virlee Townsel Alexandra Rivas Sandra Becker Gaetan A DiBiasio Doreen M. Gates Grace Campanella James A. Brem Philip Lowrey ADOPTED. No. 202 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: Gary F. Nelson Ernest L. Johnson Thomas J. Hryvniak E. Jennifer Lee Mary E. Walck ADOPTED. UNFINISHED BUSINESS No. 203 L.L. lntro. No. 2 - Police/Fire Pension (No. 52, C.C.P., May 22, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Franczyk. CARRIED. Mr. Pitts now moved that the above item be received and filed. Seconded by Mr. Bell. ADOPTED. No. 204 L.L. Intro. No. 4 - Duties - Director of Buildings (No. 53, C.C.P., May 22, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved the approval of the above item. Seconded by Mr. Collins. PASSED. AYES- 13 NOES- 0 No. 205 L.L. Intro. No. 5 - Eliminate Parks Dept. (No. 54, C.C.P., May 22, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell CARRIED. Mr. Pitts now moved the approval of the above item. Seconded by Mr. Collins. PASSED. AYES- 13 NOES- 0 No. 206 L.L. lntro. No. 6 - Div. Employ/Training (No. 55, C.C.P., May 22, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved the approval of the above item. Seconded by Mr. Collins. PASSED. AYES- 13 NOES- 0 NO. 207 L.L. lntro. No. 7 - Neigh./Hsg./Insp. (No. 56, C.C.P., May 22, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved the approval of the above item. Seconded by Mr. Bell. PASSED. AYES- 13 NOES- 0 No. 208 L.L. lntro. No. 9 - Dept. Human Serv./Parks (Com. 58, C.C.P., May 22, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved the approval of the above item. Seconded by Mr. Collins. PASSED. AYES- 13 NOES- 0 No. 209 L.L. Intro. No. 10 -Div. of Urban Affairs (Com. 59, C.C.P., May 22, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved the approval of the above item. Seconded by Mr. Bell. PASSED. AYES- 13 NOES- 0 No. 210 Announcement Of Committee Meetings The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Civil Service Tuesday, June 6, 1995 9:30 A.M. Finance Tuesday, June 6, 1995 - following Civil Legislation Tuesday, June 6, 1995 2:00 PM Economic Dev. Wednesday, June 7, 1995, 10:00 AM U. R. Agency Wed., June 7, 1995 following Ec. Dev. Ancillary Committees False Alarm Control Team Wed, 5/31/95, 9:00 AM Rm. 1417 Special Legislation Comt. Wed, 5/31/95, 2:00 PM Rm. 1417 No. 211 Adjournment On a motion by Mr. Pitts, Seconded by Mr. Czajka the Council adjourned at 3:45 P.M. CHARLES L. MICHAUX, III CITY CLERK Board of Police and Fire Pension Proceedings #5 Council President's Office - 1315 City Hall May 25,1995 Present- George K. Arthur, Council President; R. Michael McNamara, Deputy Comptroller-2 Absent: Anthony M. Masiello, Mayor-1 The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of May 1 995 amounting to $27,397.42 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. No. 2 The following annuitants were canceled from the roll: Arthur Bond Died April 24,1995 Received and Filed. No. 3 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of May 1995 amounting to $29,487.64, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. No. 4 On motion by Mr. Arthur, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.