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HomeMy WebLinkAbout95-0919 1No. Common Council Proceedings of the City of Buffalo Regular Meeting, September 19, 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 CARBON MONOXIDE TASK FORCE: David Czajka Chairman, Fred Larson, Matthew Baudo, Paul Mielcarek, David Pierowicz, Phil Haberstro, Mike Rabb, Donna DeCarolisle, Jay Burney, Mark Kubiniec, Yerby Dixon. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL- BUFFALO Tuesday,September 19, 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 Mr. , the minutes of the stated meeting held on September 5, 1995 were approved. FROM THE MAYOR-EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 1 Socony Vacuum Oil, Request to Use a Portion of a Convenience Store for a Take-Out Restaurant E: at 577 Elmwood Ave. Item No. 158, C.C.P., 9/5/95 The City Planning Board at its regular meeting held Tuesday. September 12. 1995 considered the matter captioned above pursuant to Section 511-56 of the Buffalo Code. Restricted Uses in the Elmwood Business District. The applicant seeks to use a portion of an existing gasoline sales and convenience store as a coffee counter. No tables or seating will be located on the premises. The site is located in the Elmwood Business District which considers eating and drinking places to be restricted uses requiring approval of Your Honorable Body. Under SEQR the proposed facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed facility with the following conditions: 1) that the dumpsters for the facility be screened from view; 2) that accessory parking is screened pursuant to the provisions of the Buffalo Code; and 3) that the freestanding sign currently on the site be sited in a landscaped area. RECEIVED AND FILED. No. 2 University Christian Request to Establish a Social club at 62 Englewood Ave. Item No. 157, C.C.P., 9/5/95 The City Planning Board at its regular meeting held Tuesday, September 12. 1995 considered the matter captioned above pursuant to Article XXVII, Section 511-136 of the Buffalo Code. Use Permit Required for Human Service Facilities. The applicant seeks to establish a regulated human service program in a former church building. The facility will not be a residence and will provide training for mentally handicapped individuals. Facilities providing regulated human services may be established in any R or C zone provided that they are approved by Your Honorable Body via the issuance of a restricted use permit. Under SEQR the proposed facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed facility since an analysis of such uses within one-half mile of the site indicated that there was no evidence of saturation with other human service providers. Moreover, the Board was informed that a public meeting was held between the applicant and area residents and that no opposition to the facility was voiced at that meeting. RECEIVED AND FILED. No. 3 Delaware-Franklin. Request to Convert a Store Into a Sit-In Restaurant at 494 Franklin St. Item No. 159, C.C.P., 9/5/95 The City Planning Board at its regular meeting held Tuesday, September 12. 1995 considered the matter captioned above pursuant to Section 511-57 of the Buffalo Code, Restricted Uses in the Allen Street District. The applicant seeks to convert a former store into a sit-in restaurant consisting of approximately 750 square feet of gross floor area. The site is located in the Allen Street District which considers eating and drinking places to be restricted uses requiring the approval of Your Honorable Body. Five off-street parking places are suggested by the code. These spaces have been provided by an existing parking facility adjacent to the subject property. Under SEQR the proposed facility is considered an unlisted action which may be studied through uncoordinated review. The site is also located in the Allentown Historic District and is currently under review by the Buffalo Preservation Board. The Planning Board voted to approve the proposed restaurant. RECEIVED AND FILED. No. 4 Jamehl Saleh, Request to Erect a Pole Sign at 1421 Main Street Item No. 160, C.C.P., 9/5/95 The City Planning Board at its regular meeting held Tuesday, September 12. 1995 considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code. Review of Pole Signs. The applicant seeks to erect an illuminated pole sign which would have a sign face area of 126 square feet and an overall height of 27 feet. The sign will be accessory to a gasoline/convenience store operation. Although the sign is located in the T.S. (Transit Station) zone, which does not permit freestanding signs, it is allowed under Section 219.4 of the Buffalo Code. Under SEQR the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign with the following conditions: 1) that the sign height be no greater than 20 feet overall height, and 2) that the sign is sited in a landscaped base. RECEIVED AND FILED. No. 5 Harbour Place Marinas, Inc., Request to Enlarge an Existing Outdoor Patio at 2192 Niagara Street Item No. 139, C.C.P., 7/25/95 The City Planning Board at its regular meeting held Tuesday, September 12. 1995 considered the matter captioned above pursuant to Sections 511-68 of the Buffalo Code, the Niagara Coastal Special Review District. The applicant seeks to amend a restricted use permit approved earlier by Your Honorable Body which, among other things allowed for the construction of an outdoor patio. After receiving the restricted use permit for this work, the applicant expanded the cafe area with a 120 square foot triangular addition to the patio which was constructed over a surge channel for an adjacent marina. The Planning Board voted to approve the unauthorized addition on the grounds that it would have approved the patio with the expansion initially, that the outdoor patio is consonant with the City's desire to revitalize its waterfront and that the cafe addition does not obstruct either the surge channel or navigation of ships using the Buffalo River. Lastly, under S.E.Q.R. the addition is considered an unlisted action which may be studied through uncoordinated review. RECEIVED AND FILED. No. 6 R. Scibetta, Request to Convert an Optical Office into a Sit-In Restaurant at 932 Elmwood The City Planning Board at its regular meeting held Tuesday, September 12, 1995 considered the matter captioned above pursuant to Section 511-56 of the Buffalo Code, the Elmwood Business District. The applicant seeks to develop a restaurant at the site captioned above. The proposed development will either utilize an existing optical office or demolish the office and build a new facility. The site is located in the Elmwood Business District which permits such uses provided that they are approved by Your Honorable Body. Under SEQR the proposed development is considered an unlisted action which may be studied through uncoordinated review. In an effort to expedite the development of this important corner, the Planning Board voted to approve both of the development scenarios, since the proposed restaurant would be an improvement to the area. The Board further suggested that whichever development model was chosen the developers should provide adequate screening of the accessory parking along West Delavan and Elmwood Avenues REFERRED TO THE COMMITTEE ON LEGISLATION. No. 7 Brisbane Realty, Request to Erect Illuminated Wall Signs at 395 Main Street Item No. 156, C.C.P., 9/5/95 The City Planning Board at its regular meeting held Tuesday, September 12, 1995 considered the matter captioned above pursuant to Section 511-63 of the Buffalo Code. Downtown Provisions of the Sign Control Overlay District. The applicant seeks to erect three illuminated signs that will be located on the courtyard parapet of the north elevation of the Brisbane Building. The signs will consist of a central sign measuring 5 feet by 13 feet flanked by two signs consisting of 20-inch letters. The total sign area will be approximately 125 square feet. The site is located in the DO zone which permits such signage with the approval of Your Honorable Body. Under SEQR the proposed signs are considered a type two action which does not require further environmental review. The Planning Board voted to approve the proposed signs as presented. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BOARD OF PARKING No. 8 City Parking Rates Item #167, C.C.P., 09/05/95 The Board of Parking agrees with said resolution and has adopted the same. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. FROM THE BOARD OF ETHICS No. 9 Meeting Minutes Present:Hon. H. Buswell Roberts Douglas S. Coppola, Esq. James M. Lanz Charles L. Michaux III Edward D. Peace. Esq. Sister Denise A. Roche Absent: Charles E. Carr The meeting was called to order at 8:50 a.m. by Judge Buswell Roberts, chairperson. A motion was made to approve the minutes of the July 12, 1995 meeting. Mr. Joseph Giambra, Commissioner of Public Works was present at this meeting to respond to his letter to the Board dated May 16, 1995 which was read by Mr. Roberts. Mr. Giambra was asked what the relationship there is between the Buffalo Water Division and the Water Authority. He stated there is a 3 party agreement that also includes a Water Board and explained the responsibilities of each. Mr. Giambra was also asked the procedure of hiring of consultants. He responded that consultants are hired through a contract that is also open to renewal. It is through an open bid process that consultants are hired for a 2 year contract. The Water Authority has the contract with R & D Engineers. He also stated there are a number of bidders for a specific project that consultants write up and is than narrowed down to 4 or 5 firms and is very competitive. Mr. Roberts stated to Mr. Giambra before he left the meeting, the Board would discuss the matter and he would be sent a letter regarding their opinion. The Board of Ethics sees no conflict by the disclosure and it does not appear there is an apparent conflict by the existence of R & D as its consultant. Mr. Roberts will write him. A package was mailed to each Board member by Mr.Charles Michaux containing certain documents. Specific plumbing jobs were performed. Mr. Matthew Baudo, Director of Housing and Inspections brought this to Mr. Edward Peace's attention in his letter dated July, 1995. The issue here is there is a "conflict of interest." Mr. Coppola read the code (Private Interests) regarding this matter and also discussed article 12-24 of the code. It was determined a violation of the code has occurred. Letters will be sent to both Mr.Baudo and Mr. Marconi to appear at the September 5,1995 Board of Ethics meeting. Mr. Peace will send a letter to appear also and let him know that under Section 12-25 the Board is going to begin a hearing process and has the authority to recommend disciplinary action. He will be informed of his rights to have counsel present at this meeting also. It was suggested that Mr. Baudo and Mr. Marconi arrive here at 9:00 a.m. and at 9:30 a.m. to scatter their meeting with the Board. The letter from Mr. Michael McCarthy, Counsel for Bura, was reviewed by the Board.. The Board stated it cannot express an opinion to the letter without further facts and information. Mr. Roberts will write him to ask for additional, detailed facts before the Board can act. The meeting was adjourned at 9:50 a.m. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMPTROLLER No. 10 Certificate of Necessity Transfer of Funds- Common Council 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 $9,000 be transferred and reappropriated from the Common Council, as set forth below: Dated: Buffalo, NY, September 12, 1995 RECEIVED AND FILED. No. 11 Certificate of Necessity Transfer of Funds-North AmeriCare Park We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary $15,000 that the sum of be transferred and reappropriated from the North AmeriCare Park accounts for Insurance & Surety Bonds and Seasonal Services, as set forth below: The amount to be transferred represents 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, September 12,1995 RECEIVED AND FILED. No. 12 Interfund Loans Certain federal and state aided programs require a cash advance with the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount listed below as needed, subject to your approval. Loan is payable at date of reimbursement. From To Grant Repay. Date Total 100 General 610-503-297-00-000 Dec. 1995 $15,202.00 Title: Senior Citizens Wellness Grant 100 General 620-503-298-00-000 March 1996 $15,000.00 Title - Senior Services Grant Mr. Pitts moved: That the communication from the Comptroller, dated September 13, 1995 be, received and filed; and That the Comptroller be, and he hereby is, authorized to make an interfund cash loan to be made in the maximum amount listed in the above-communication. The loans are payable at date of reimbursement. PASSED. AYES- 13 NOES- 0 No. 13 Easement - Children's Hospital Hodge Street The Office of the Comptroller, Division of Real Estate, has received a copy of a right-of-way easement agreement from the Corporation Counsel's office for review and recommendation. Children's Hospital owns the adjoining parcel and plans to construct a medical office building on Hodge Street across from its main campus. The hospital needs the easement to comply with City building codes and ordinances. I have been advised that Children's Hospital has received or will be receiving approval from both the City Planning and Zoning Board for the construction of the facility. I am recommending that Your Honorable Body approve the easement agreement, the one that is presented to you by the Corporation Counsel. I am further recommending that the Mayor be authorized to execute the easement agreement. RECEIVED AND FILED. No. 14 Monies Found In Drawer Item #165, C.C.P. 9/5/95 In a letter of November 24, 1994 to Mayor Masiello, my office recommended (as part of the re-engineering study and process) that the Administration adopt a centralized workflow of all cash payments and checks from citizens for services. The centralization of payments was to include documents, permits, licenses, etc. On December 21, 1994, my office made a public announcement of the proposed centralized workflow for all checks and cash payments at which time I said that "... not only does this centralization proposal prevent loss of revenue, tighten internal controls of receipts and provide for increased earnings on deposits, but also maintains convenience while speeding up the process for our citizens...". On July 21, 1995, prior to any checks being found in the desk drawer in the Building Permits section, I sent a letter to Commissioner Hassett of Administration & Finance requesting a task force be established to facilitate a centralized payment process in City Hall. In that letter I warned "...we have recently completed spot audits of various departments receiving cash and have found that legal tender, in some situations, is not being deposited with the City Treasury in a timely fashion. In addition, our audit of the Building Permits section was scheduled prior to any checks being found in any desk drawer. On August 24, 1995, a meeting was held with members of the Budget Office, Treasury, City Clerk's Office, Neighborhood Housing & Inspections, Audit & Control and other departments that process cash or checks for services throughout City Hall. It was determined that the license and permit functions would be the first to externalize their payment procedures to the Treasurer's Office. Attached is a "proposed workflow" to serve as the basic document to formalize this procedure. My office anticipates additional meetings with the other affected departments to enact formal procedures and scheduled implementation of the centralized payment system contingent upon system re-programming and Treasury staffing requirements. We have notified all City departments and divisions which receive cash and/or checks for services that their responsibility is to record and deposit these payments with the City Treasury in a timely fashion, preferably at the close of each business day. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 15 Response Offer to Purchase 413 East Delavan Item No. 127, C.C.P. 9/5/95 The above referenced item is a letter from Mr. Gordan J. Gray from Advanced Machinery Sales, LTD., requesting to purchase the above captioned property. They are acquiring the adjacent property at 129 & 131 Mohican Avenue. The reason for acquiring the property is to allow for future growth and to provide direct access to East Delavan Avenue for their trucks. The property at 413 East Delavan consists of a vacant parcel of land having 427' of frontage on East Delavan and a depth of 110'. The Division of Real Estate received a request from Advanced Machinery Sales, LTD. in July and has already begun to process their request as a private sale. The Division of Real Estate will file results of negotiations with Your Honorable Body for review when they have been completed. REFERRED TO THE COMMITTEE ON FINANCE. No. 16 Response - Percy Green - Buy Back 2570 Bailey Avenue For Taxes Owed Item No. 138, C.C.P. 9/5/95 The above referenced item is a letter from Mr. Percy Green who lives at 84 Olympic Avenue, Buffalo, New York to buy back property that was struck to the County of Erie in the June in-rem foreclosure. As of this date the County of Erie has not yet deeded the property to the City of Buffalo for disposition. The property consists of a two and one-half story frame building having a commercial store front with apartments and a two car garage, all of which are situated on a lot having a frontage of 301 and a depth of 110'. The property is in fair condition and vacant. As Your Honorable Body is aware, it has been the City policy not to sell tax foreclosed properties back to a former owner. The reasons for this policy are both technical and legal in nature. This Department and the Law Department have consistently advised Your Honorable Body against the practice of selling tax foreclosed properties back to the former owner. The most recent request and my response against such practice can be found in Item No. 15, C.C.P. 7/11/95, which is currently before the Committee on Finance. Therefore, I am recommending that Your Honorable Body refuse the request of Mr. Green to reacquire the tax foreclosed property. REFERRED TO THE COMMITTEE ON FINANCE. No. 17 Response - Donate 858 & 864 Main Street - Africana Research Museum Item No. 128, C.C.P. 9/5/95 The above item is a letter from Same Pittee-Polkah Toe, Founder and President, Africana Research Museum, requesting that the City donate the properties located at 858 & 864 Main Street. They intend to renovate the two buildings and operate a multi-purpose museum and other cultural programs at the site. Please be advised that the Division of Real Estate has received numerous requests to acquire the two properties. The Division of Real Estate and the Dept. of Community Development are preparing Requests For Proposals for the redevelopment of 858 & 864 Main Street. The Africana Research Museum is one of the parties that have expressed an interest in the properties and will be offered the opportunity to respond to the RFP. The results of the RFP will be filed with Your Honorable Body by the Division of Real Estate and the Department of Community Development for review and approval. REFERRED TO THE COMMITTEE ON FINANCE. No. 18 Response - F. Josker - 384 Broadway For One Dollar Item No. 142, C.C.P. 9/5/95 The above referenced item was referred to the Committee on Finance and this office for comment and/or recommendations. The item is a letter from Mr. Frank F. Josker, requesting to purchase the property at 384 Broadway for One Dollar. The property consists of a three story brick building situated on a lot having a frontage of 501 and a depth of 1281. There is approximately 15,000 square foot of gross floor area and the property is in fair condition. In mid July the Director of Real Estate and a member of my staff met with Mr. Josker regarding his interest in acquiring 384 Broadway. At that time Mr. Josker outlined his intended use and plans for the building. Two options for acquiring the property were made available to Mr. Josker. The first was a out right purchase with the purchase price to be established by an appraisal. The second was a lease of the building with an option to purchase. Also, Mr. Josker was directed to various City and County agencies to assists him with the financing for the purchase of the building and start up of his business. We did receive a call from Mr. Josker shortly after and were advised that he had been in contact with the various agencies and is pursuing the financing for this business venture. I asked the Director of Real Estate to contact Mr. Josker and follow up on the previous discussions and negotiations for the acquisition of the above property. I am recommending that Your Honorable Body authorize this Department to continue negotiations and report back to Your Honorable Body the final results of negotiations. REFERRED TO THE COMMITTEE ON FINANCE. No. 19 Proposed "Work Flow" System-Housing Court Fines Attached is the "proposed work flow" for monitoring Housing Court Fines. We will begin to work with the. Inspection office to implement the system with implementation planned for mid-November. Please distribute the work flow to your affected employees and update internal procedures as you deem necessary. If you have any questions, please feel free to call me. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF NEIGHBORHOODS AND HOUSING INSPECTIONS E ON AND THE COMMISSIONER OF ADMINISTRATION. AND FINANCE. No. 20 Result of Negotiations 544 Broadway, East Corner of Jefferson Vacant Lot: 90' x 72' EL, 92' WL Assessed Valuation: $5,600 Item No. 26, C.C.P. 6/27/95 In the above referenced Item, Your Honorable Body authorized the Comptroller's Office, Division of Real Estate, to negotiate a private sale with Mr. Terry White of 241 Bissell Avenue, Buffalo, New York to purchase the above captioned City-owned property. Mr. White would like to purchase this property for customer off-street parking for his business located at 566 & 554 Broadway. An independent appraisal of the property was conducted by Mr. Chester Zukowski, Appraiser, Arrow Appraisal Service, Inc., 3790 Broadway, Cheektowaga, New York 14227. He has estimated the fair market value of the property to be Fifty-Seven Hundred Dollars ($5,700.00) or approximately Eighty Cents (.80) a 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 Thirty-Eight Cents (.38) a square foot to One Dollar and Thirty-Eight Cents ($1.38) per square foot. The results of our negotiations are that Mr. Terry White has agreed and is prepared to pay Forty-Seven Hundred Dollars ($4,700) for the vacant land. This represents approximately an offer of Sixty-Five Cents (.65) per square foot. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees, cost of the legal description and apply for all permits that are required for the construction of a parking lot. As a matter of disclosure, please be advised that Mr. White is in the employment of the City of Buffalo, as a City Firefighter. He has complied with all the requirements and procedures for the acquisition of the vacant lot. Although the offer is somewhat below the appraised value, I am recommending that Your Honorable Body approve the offer of Mr. White for the following reasons: The property has been in the City's inventory since 1987 and there have been no serious offers for the property; the price offered falls within the range of value for similar properties recently sold; and the construction of a parking lot will improve the block between Jefferson and Madison Avenues. Therefore, I am recommending that Your Honorable Body approve the sale of 544 Broadway to Mr. Terry White in the amount of Forty-Seven Hundred Dollars ($4,700). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE AND THE BUFFALO ENTERPRISE DEVELOPMENT CORPORATION No. 21 Results of Negotiations Corner of Elmwood & Virginia Item #228, C.C.P. 4/4/95 In the above referenced item Your Honorable Body authorized the Corporation Counsel and the Comptroller to finalize the negotiations and prepare final agreement for the purchase of the above captioned property. Attached is the purchase agreement prepared by the Corporation Counsel for your review and final approval. The purchase price is Five Hundred Seventy-Five Thousand Dollars ($575,000.). The bond funds for the purchase were approved by the Common Council in 1994. The bond was sold 12/l/94 and funds are available in Bond Fund Account 200-402-023. I am recommending that Your Honorable Body approve the purchase agreement between Painter's District Council No. 4 Apprentice Fund - Painter's District Council No. 4 Inc. and the City of Buffalo. I am further recommending that the Corporation Counsel be authorized to prepare the necessary documents for the acquisition of title. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 22 Report of Audit-Department of Public Works Refuse Contracts In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Department of Public Works Audit Report concerning refuse contracts for the period July 1, 1990 to June 30, 1995. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 23 Certificate of Appointment Appointment effective 8/24/95 in the Department of Audit & Control Division of Date Processing, Janet Reyes, 242 Gorton St., Buffalo, NY 14207 to the position of Date Processing Equipment Operator, Permanent, at the Intermediate Starting Salary of $25,369. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 24 Notification Serial #8536 Install Stop Signs (All-Way) in Eugene Avenue at Ramsdell Avenue STOP SIGNS (ALL-WAY) - 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 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Eugene Avenue Ramsdell Avenue This action is being taken due to the accident history at this location. RECEIVED AND FILED. No. 25 Change Order No. 1 - Massachusetts Pumping Station Upgrades - Contract No. 1 City Contract No. 91795400 I hereby submit to your Honorable Body the following Change Order No. I with John W. Danforth Company for work relating to Massachusetts Avenue Pumping Station Upgrades - Contract No. I G, General Construction, City Contract No. 91795400: Pump repairs and shaft sleeve upgrade for pump No. 4 Increase: $3,420.00 Motor repairs by Monarch Electric to pump No. 4 Increase: $8,101.00 Item No. 1 - eliminate requirement to use O.E.M. parts or pump rehabilitation Decrease: 80,000.00 Item No. 2 - repair concrete pedestals for pumps Increase: $4,865.00 Item No. 3 - provide new flex couplings for pump spool pieces I I increase: $7,588.00 Item No. 4 - provide additional pipe saddles for tunnel piping Increase: $2,707.00 Item No. 5 - emergency repairs to Pump #3 cone valve Increase: $1,234.00 Item No. 6 - Provide 24" blind flange for pump #4 Increase: $ 983.00 Item No. 7 - Provide extra work to the water tunnel #4 Increase: $8,129.00 Item No. 8 - Eliminate mechanical split seal for Pump 94 and provide credit for parts not replaced on Pump #2 Decrease: $10,510.00 Costs have been reviewed by the Department of Public Works and the Consulting Engineer and have been found to be fair and equitable. SUMMARY: Original Amount of Contract $ 1,459,900.00 Amount of Change Order No. 1 - Decrease $ 53,483.00 CURRENT AMOUNT OF CONTRACT $1,406,417.00 Funds in the amount of $53,483.00 are to be credited to the Division of Water's 416-982-012-00-000 Capital Project Fund. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 26 Permission to Reimburse State of New York Bailey Avenue - Dingens Street to William Street I hereby request permission from your Honorable Body to reimburse the State of New York, Department of Transportation, in the amount of $640,499.38 for relocation of waterlines and hydrants presently located on the State right-of-way in Bailey Avenue from Dingens Street to William Street. The cost for the installation as a betterment for waterlines, hydrants and appurtenances is based on contract items by state contractor. Funds for this work are available in the Division of Water's 416-983-001 Capital Projects account. Mr. Pitts moved: That the communication from the Department of Public Works, dated September 13, 1995, be received and filed, and That the Commissioner of Public Works be, and he hereby is, authorized to reimburse the State of New York, Department of Transportation, in the amount of $640,499.38 for relocation of waterlines and hydrants presently located on the State right-of-way in Bailey Avenue from Dingens Street to William Street. Funds to be charged to the Division of 'Water's 416-983-001 Capital Projects account. PASSED. AYES- 13 NOES- 0 No. 27 City Sponsorship of Canadiana Item No. 130, C.C.P. 9/5/95 You have asked this Department to respond to the referenced Item regarding the City's sponsorship of the SS Canadiana. It has always been our concern, and still remains so, that the grant requires the City to be solely responsible for this project. What is of most concern is that the City would be responsible for maintaining the project in the future. This concerns me greatly because the funding available from the grant is not enough to complete the entire project and it leaves us with a vessel that is not secure, and once again, according to the grant, we are responsible to maintain it. We hope this information is beneficial to your discussions on this matter. REFERRED TO THE COMMITTEE ON FINANCE. No. 28 Liquor License Requests Item No. 120, C.C.P.,9/5/95 The referenced Item was submitted to this Department for a response. Effective July 1, 1995, the Division of Licenses was transferred to the Department of Neighborhoods, Housing and Inspections. There is therefore no pertinent information to be provided by the Department of Public Works. REFERRED TO THE COMMITTEE ON FINANCE. No. 29 Requests-Electrical Services- City Hall All Department, Division, Board, or Authority Heads Please be advised that effective immediately, all requests for electrical service in the City Hall building, must be previously approved by my office. This included such requests as replacing Air Conditioners or adding service to supply heaters or copy machines. If an appliance is previously purchased, I cannot guarantee installation of said appliance if the appliance does not comply with current "Energy Conservation Guidelines". RECEIVED AND FILED. No. 30 Permission to Hire a Consultant to Address Flagged Conditions I hereby request permission from Your Honorable Body to authorize the Commissioner of Public Works to enter into an agreement with a Consultant Engineer to perform the necessary design, inspection and load-rating work required to address flagged conditions assessed by the New York State Department of Transportation. Biannually the State inspects all bridges in the City of Buffalo and flags any conditions that are in need of repair. After the repair design is complete, we will get a minimum of three (3) informal bids from contractors to do the necessary repairs and report the results of the informal bids to the Common Council. Therefore, the Commissioner of Public Works is asking your permission to hire a Consultant on a 12-18 month contract, not to exceed $100,000.00, to do this work. Funds for this work are available in the Division of Engineering Account No. 200-401-023. REFERRED TO HE COMMITTEE ON FINANCE. No. 31 Request for Stop Signs Deerfield Avenue at Mapleridge Avenue Item No. 230 C,C.P. 07/25/95 This is in response to C. C.P. No. 230 of July 25, 1995 regarding the aforementioned subject. An investigation by my department into the need for all-way stop control at Deerfield and Mapleridge Avenues has yielded the following: 1 . New York State Department of Transportation standards state that the occurrence within a twelve (I 2) month period of five (5) or more reported accidents would warrant the installation of "multi-way" stop control. Our records indicate that the accident history at this location does not satisfy this warrant. 2. In addition, New York State standards also say that a stop sign should not be used for speed control. Proliferation of multi-way stops may only compound the problem. Pedestrians experience a "false sense of security" in anticipation of vehicles coming to a complete stop; however, these vehicles may "roll thru" or even ignore these stop signs. It appears that the problem isn't stop signs or lack of such, but speed limits and control. Consequently, in September of 1994 my department installed a 30 mph Speed Limit sign along Deerfield Avenue and by copy of this communication to Police Commissioner Kerlikowske, I will ask that his department monitor and enforce these speed limits. We believe the actions taken above will alleviate the problems detailed in the resolution of July 25, 1995. REFERRED TO THE COMMITTEE ON FINANCE. No. 32 25 West Utica Street; Handicap Ramp Within City Right-of-Way Mr. Frank Falkowski of the Western New York Veterans Housing Administration, located at 25 West Utica Street, has requested permission to install a handicap ramp which would encroach City right-of-way at said address. The proposed ramp would measure approximately twenty-eight feet (281) in length and project five and one-half feet (5.51) from the building face into City right-of-way. The Department of Public Works has reviewed Mr. Falkowski's request pursuant to Chapter 413-59.1 (Handicapped Access Ramps) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond and certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage out of the construction, maintenance, use and removal of said ramp. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 33 Public Easement Portion of Dillon Street Item No. 242, C.C.P. 5/16/95 In regards to this item, attached please find a Department of Public Works update dated September 8, 1995 concerning this issue. As outlined, my Department has numerous questions and concerns about this abandonment/easement and I respectfully request that my Department be included in all negotiations. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 34 Certificate of Appointment Appointment Effective September 4, 1995 in the Department of Public Works Division of Buildings Nicholas Macri, 5 Dallas Road, Buffalo 14220, to the Position of Plumber, Temporary,at the Maximum Starting Salary of $26,793. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 35 Certificate of Appointment Appointment Effective September 4, 1995 in the Department of Public Works Division of Buildings, Michelle M. Scibetta, 777 Prospect Avenue, Buffalo 14213 to the Position of Account Clerk Typist, Permanent, at the Intermediate Starting Salary of $21,732. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 36 Kay Block Club- Complaints-Speeding Vehicles Item #163 CCP Sept. 5, 1995 This has been referred to BPD Traffic Unit for radar enforcement. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF FIRE No. 37 Certificate of Appointment Appointment Effective 8/14/95 in the Department of Fire James Balys, 112 Milford Street, Buffalo 14220, to the Position of Communication Specialist, Provisional, at the Intermediate Starting Salary of $25,537. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CORPORATION COUNSEL No. 38 Crossroads Arena Project Attached are Requisition Nos. 1, 2, 3, 4 and 5 relating to the Crossroads Arena Project REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE. No. 39 Small Animal Control Fees Item No. 69 C.C.P., 9/5/95 You have requested a response from the Law Department regarding whether the fees charged by the City for the seizure of dogs may be raised. The present fees are insufficient to cover the costs incurred by the Department of Street Sanitation ("DSS"). Pursuant to section 78-12 of the Code of the City of Buffalo (the "Code"), the fees for the seizure of dogs are governed by Article 7 of the Agriculture and Markets Law ("A&M"). Section 1 18 of the A&M has set the current fee being utilized by the DSS. However, subdivision 4 of section 1 18 provides that the fees set forth by the section may be set in any amount by the municipality by local law or ordinance. The fee schedule currently used is not enumerated in Chapter 175 of the Code. If the Common Council does wish to enact a change, an ordinance amendment would be required to list the fee in the Code. It is within the power of the Common Council of the City of Buffalo to change the fees charged for the seizure of dogs. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF STREET SANITATION. No. 40 Outreach Shelter for the Homeless, Inc. Solicitation of Funds Item No. 78, C.C.P., 9/5/95 You have requested a response from the Law Department regarding the application of the Outreach Shelter for the Homeless, Inc. ("Outreach") to solicit funds in the City of Buffalo. The Common Council is concerned that the organization does not have tax exempt status as described in the Internal Revenue Code section 501 (c) (3). After reviewing Outreach's application and its supporting documentation, the Law Department finds that Outreach does have the appropriate tax exempt status. The Law Department recommends granting Outreach's application to solicit funds in the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE. No. 41 Info-72 Peach Street Item No. 140, C.C.P., 7/25/95 Item No. 92, C.C.P., 9/5/95 You have requested a response from the Law Department regarding the petition from various members of the community advocating that the house at 72 Peach Street be demolished and the property be donated to the Board of Education. The property at 72 Peach Street was demolished on July 24, 1995, after the petition was received by the City. The property owner, Mr. Juan Sharp, consented to the City demolishing the property. He has an agreement with the City to pay back those costs and has not defaulted on those payments at this time. Before the City can accept the property as a donation, the title must be free and clear. All back taxes, water and sewer bills and any liens, including the City's demolition lien, must be satisfied. Since Mr. Sharp has just entered into the demolition agreement with the City, title to the property is not clear at this time. Once he has satisfied the lien, assuming all other outstanding debts on the property are paid and the property is clear of any environmental contamination, Mr. Sharp may donate the property to the Board of Education, if he so desires. As this is private property, the City cannot compel Mr. Sharp to donate it to the Board of Education. REFERRED TO THE COMMITTEE ON FINANCE. No. 42 Golf Pass Refund Item No. 104, C.C.P., 9/5/95 You have requested a response from the Law Department regarding the request of Guido Quatrani to refund the cost of the Senior Resident Golf Pass he purchased from the City of Buffalo. Mr. Quatrani possesses a New York State Access Pass, which allows holders to use area park facilities free of charge, subject to certain restrictions. Access Pass holders were limited to play golf between the hours of Noon to 4:00 PM. The Common Council and the former Parks Department amended the guidelines to allow Access Pass holders to play in the morning hours, along with other changes in the fee schedule and playing guidelines. Shortly before the change, Mr. Quatrani purchased a Senior Resident Golf Pass so that he could play in the morning hours. He is seeking a refund because if he had waited two weeks before purchasing the Resident Pass, he could have played for free. Though it is unfortunate that Mr. Quatrani made purchased the pass under these circumstances, the Law Department cannot recommend providing the refund. The City of Buffalo ' has established a no refund policy for all seasonal recreation passes. It is clearly marked on the Senior Resident Golf Pass that Mr. Quatrani purchased that no refunds are given. Despite the change in circumstances, the City must stand by its policies. Granting the refund could make a case for anyone else seeking a refund due to the poor timing of their purchase. It is the recommendation of the Law Department that the Common Council should not refund the cost of the Senior Resident Golf Pass purchased by Guido Quatrani. REFERRED TO THE COMMITTEE ON FINANCE No. 43 City of Buffalo Parking Rates Item No. 167, C.C.P., 9/5/95 Opinion No. 95-51 You have requested an opinion from the Law Department regarding whether the Board of Parking may establish a schedule of charges for City owned parking ramps and lots in the City of Buffalo. Pursuant to the section 109-s of the Charter of the City of Buffalo (the "Charter"), the Board of Parking is authorized to set, subject to the approval of the Common Council, a schedule of charges for the use of City owned parking ramps and lots. Buffalo Civic Auto Ramps, Inc. ("BCAR") has operated City owned parking ramps and lots on a non-profit basis for the Board of Parking since the early 1950's pursuant to various agreements. The Restated Consolidated Lease Agreement made as of July 1, 1989, and as amended as of March 1, 1990 governed the management of the parking ramps and lots until it expired by its terms on June 30, 1994. BCAR continued to operate the parking ramps and lots as a holdover tenant until the 1995 Management Agreement was entered into between the City and BCAR. In Item No. 113, C.C.P., 11/1/94, the Common Council approved the 1995 Management Agreement with BCAR. Paragraph 5 of the Management Agreement states, "Parking rates for the Parking Facilities shall be established by BCAR from time to time, subject to the approval of the Board of Parking of the City." In authorizing the 1995 Management Agreement, the Common Council gave the Board of Parking the authority to fix the parking rates. Further action by the Common Council to set the rates is not required under the 1995 Management Agreement. Although the 1995 Management Agreement expired by its own terms on June 30, 1995, BCAR has continued to operate the parking ramps and lots as a holdover tenant in the same way it did when the previous lease expired on June 30, 1994. The terms and conditions of the 1995 Management Agreement will continue to govern the operations of the parking ramps and lots until such time as a new agreement is entered into with BCAR or until the ramps and lots are surrendered to the City and alternative arrangements for their management and operation have been made. REFERRED TO THE COMMITTEE ON FINANCE. No. 44 Mackiewicz v. City of Buffalo Claims Committee Agenda Schedule A, #6 The Hon. George K. Arthur has requested that the Law Department provide further information concerning the proposed settlement of the above-referenced case, which has been forwarded from the Claims Committee to the full Council for approval on September 19, 1995. First, the Department was asked whether the defect which caused the accident has been repaired. Please be advised that the sidewalk involved was replaced after the accident in conjunction with the reconstruction of Broadway by New York State. Secondly, there was some question as to whether the Law Department intended to sue Niagara Mohawk, whose vault apparently caused the uneven sidewalk. This Department is currently reviewing the available theories against Niagara Mohawk in this case and in a case involving a prior falldown at the same location (Bialek v. City of Buffalo). If that review indicates a suit against Niagara Mohawk is justified and likely to be successful, the Department does intend to commence an action for monies paid out in this settlement and the prior case. Further details concerning the considerations involved in the decision to file suit have been forwarded to President Arthur in a confidential, attorney-client privileged document. As a final determination regarding a suit against Niagara Mohawk has not been made, the Department requests that the Council's approval of this settlement not be made contingent upon the filing of such a suit. RECEIVED AND FILED. No. 45 Eric Schmarder Auto Allowance Item No. 119, C.C.P., 9/5/95 You have requested a response from the Law Department regarding the reimbursement of Eric Schmarder, an Engineering Aide in the Division of Engineering. Mr. Schmarder has been authorized by the Commissioner of Public Works to use his personal vehicle on City business. Mr. Schmarder is a member of Local 650. Pursuant to Article XVI of the Agreement between the City of Buffalo, New York and Local 650 American Federation of State, County, and Municipal Employees AFL-CIO, dated July 1, 1992 to June 30, 1995 (the "Agreement"), employees who use their personal vehicles on City business will be reimbursed at the rate of $9.00 per day. This benefit is only available to employees authorized by the City. It also states, "Under no circumstances shall this authorized payment be withheld." The Law Department recommends approving Auto Allowance reimbursement for Eric Schmarder. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 46 Maintaining Civil Service Lists During Hiring Freeze Item No. 212, C.C.P., 9/5/95 Opinion No. 95-52 You have requested an opinion from the Law Department concerning a resolution which requests the Civil Service Commission to extend the expiration date of certain Civil Service eligible lists. Specifically, the resolution requests the Commission to extend the expiration of all present Civil Service lists by six months to compensate for a hiring freeze which was in effect for a portion of the 1994-95 fiscal year. Section 56 of the New York State Civil Service Law provides that: "..the duration of eligible lists established on or before December thirty-first, nineteen hundred ninety-six, shall be fixed at not less than one nor more than four years; provided that, except for lists promulgated for police officer positions in jurisdictions other than the city of New York, in the event that a restriction against the filling of vacancies exists in any jurisdiction, the state civil service department or municipal commission having jurisdiction shall, in the discretion of the department or commission, extend the duration of any such eligible list for a period equal to the length of such restriction against the filling of vacancies. Restriction against the filling of vacancies shall mean any policy, whether by executive order or otherwise, which prevents or limits the filling of vacancies in a title for which such a list has been promulgated." Therefore, the Civil Service Commission may in its discretion, extend the expiration of eligible lists for a period equal to the length of the hiring freeze. Information concerning dates of the hiring freeze and the positions affected would have to be provided to the Commission. Any extensions granted by the Commission could not be applied to the police officer eligible list. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 47 Allendale Theater Phase III EQBA 203 Allen Street SEQR Negative Declaration A Negative Declaration for the above referenced project is hereby filed with Your Honorable Body in accordance with Section 617.10 (a) (2)of the New York State Environmental Quality Review Act. If you should have any questions, please contact Mr. Gregory J.Bernas, Assistant Environmental Program Coordinator of the Division of Planning. 901 City Hall, Buffalo, New York, 14202, telephone number is (716) 851-5083. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 48 Brisbane Realty - Use 395 Main St. Wall Sign Item #156, C.C.P. September 5, 1995 In reference to the aforementioned item, the Buffalo Preservation Board has no jurisdiction in this matter. The structure is not located within a local historic district, therefore, the Board has no purview over the type, size or color of the proposed sign. The Board is advised that the colors used in the sign are Hunt's Corporate colors. If you have any questions please contact Thomas W. Marchese. at 851-5029. RECEIVED AND FILED. No. 49 Citywide Playground Renovations I hereby request permission to take bids for the above; and have asked for and received the following bids for Citywide Playground renovations on September 13, 1995: COMPANY BASE BID Gleason's Nursery $122,140 American Paving $159,280 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid, and therefore, Gleason's Nursery, 4780 Sheridan Drive, Williamsville, New York 14221, is the lowest responsible bidder in accordance with the plans and specifications in the amount of $122,140. I recommend that Your Honorable Body authorize the city to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 200-717-019. Mr. Pitts moved: That the Commissioner of Community Development be authorized to amend Citywide Playground Renovations contracts to Gleason's Nursery, 4780 Sheridan Drive, Williamsville, New York 14221, the lowest responsible bidder, in the amount of $122,140. Funds for this work are available in Bond Fund Account #200-717-019. PASSED. AYES- 13 NOES- 0 No. 50 Cazenovia Park Master Plan Permission to Hire Consultant We are requesting permission of Your Honorable Body to hire consultant to develop a master plan for Cazenovia Park and subsequently develop plans, specifications and estimate for park renovations and improvements. Funds for this work are available in Bond Fund Account 200-717-051. Mr. Pitts moved: That the communication from the Department of Community Development dated, September 13, 1995 be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to hire a consultant to develop a master plan for Cazenovia Park to develop plans, specifications and estimates for park renovations and improvements. Funds for this project are available in Bond Fund 200-717-051. PASSED. AYES- 13 NOES- 0 FROM THE COMMISSIONER OF STREETS No. 51 Cancel Assmt.Cutting Grass and Weeds If the Honorable Body could have the following properties removed from the assessment roll. 193 Myrtle - Invoice number ARGO0093 94. Owner Jose Hernandez at 336 Fillmore ave., Buffalo, NY 14206 for $50.00. Upon investigation by our supervisor, he reported to us that the City of Buffalo did not cut this property but rather the city lot located behind 193 Myrtle. 154 Woodlawn - Invoice number ARGO0151 94. Owner James and Drucill Hemphill at 115 East Utica Buffalo, NY 14209 for $50.00. Upon investigation, our supervisor reported to us the City did not cut the property located at 154 Woodlawn, but rather a property located next to it. Mr. Pitts moved: That the communication from the Department of Street Sanitation, dated September 12, 1995, be received and filed; and That the Common Council approves the cancellation of grass cutting charges in the amount of $50.00 at 193 Myrtle, Invoice Number AR600093 94; and That the Common Council approves the cancellation of grass cutting charges in the amount of $50.00 at 154 Woodlawn, Invoice Number ARGO0151 94; and That the Common Council requests the Commissioner of Assessment to remove the charges from the assessment rolls and the Commissioner of Street Sanitation to correct his records to indicate the cancellation of these charges. PASSED. AYES- 13 NOES- 0 No. 52 Certificate of Appointment Appointment Effective September 11, 1995 in the Department of Street Sanitation Paul A. Larkin, 5069 Electric Avenue, Hamburg, NY 14075, to the Position of Motor Equipment Mechanic, Temporary, at the Intermediate Starting Salary of $25,170. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 53 Certificate of Appointment Appointment Effective September 11, 1995 in the Department of Street Sanitation Anthony P. Gallo, Jr., 26 Tioga Street, Buffalo, New York 14216, to the Position of Heavy Equipment Operator, Temporary, at the maximum Starting Salary of $26,793. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION No. 54 Cancellation of a Collection Agency Bond It is hereby certified that the following bond is hereby canceled as of June 21, 1995 because First Collect, Inc. has replaced this bond with a new bond. Bond Principal: First Collect, Inc. By: The St. Paul Surety Amount: $5,000 Bond# 400HL4600 Said bond described is hereby released and canceled as to future liability in accordance with the provisions of Section 47 of the Charter as amended. RECEIVED AND FILED. No. 55 Restaurant/Dancing Class III 282 Amherst 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 282 Amherst and find that as to form it is correct. I have caused an investigation into the premised 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 Marjorie L. Solazzo. The report from the Police Department recommending approval is attached hereto for Casa Bianco at 282 Amherst. This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 56 Report of Emergency Demolition Bids for Various Locations 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 August 22, 1995 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS/OWNER CONTRACTOR AND DOLLAR AMOUNT OF BID 210 Bissell Alternative Demo. Thomas J. Grillo $7,950.00 2435 Bailey Buffalo, New York 242 Bissell Lebis Enterprises Corrie L. Sayles $5,70,0.00 137 Brunswick Blvd. Buffalo, New York Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated September 1, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Alternative Demo. at a cost of $7,950.00, relating to 210 Bissell, to Lebis Enterprises at a cost of $5,700.00, relating to 242 Bissell, are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0 No. 57 Report of Emergency Demolition Bids-317 Bissell Due to the very serious and hazardous condition of the building located at the below-stated property, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these location i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on August 22, 1995 and the contract will be awarded to the following lowest responsible bidder: ADDRESS AND OWNER CONTRACTOR AND DOLLAR AMOUNT OF BID 317 Bissell Lebis Enterprises City of Buffalo $5,900.00 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 this project be charged to this department's Capital Outlay Account #100-241-085-00-900. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated September 1, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to Lebis Enterprises at a cost of $5,900.00 relating to 317 Bissell; is hereby confirmed, ratified and approved, with said cost to be charged to the Capital Outlay Account #100-241-085-00-900. PASSED. AYES- 13 NOES- 0 No. 58 Report of Emergency Demolition Bids for Various Locations 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 August 30, 1995 and the contracts will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR AND DOLLAR AMOUNT OF BID 14 Elsie Place Ridge Maintenance City of Buffalo $5,900.00 Aggregate Bid: Ridge Maintenance 56 Nevada $5,500.00 76 Nevada 4,900.00 City of Buffalo $10,400.00 TOTAL AGGREGATE BID 50 Montana J. Martin City of Buffalo $6,890.00, Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included it the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of this project be charged to this department's Capital Outlay Account #100-241-085-00-900. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated September 5, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Ridge Maintenance at a cost of $5,900.00 relating to 14 Elsie Place; and at aggregate bids at a cost of $5,500.00 relating to 56 Nevada; at a cost of $4,900.00 relating to 76 Nevada; and to J. Martin at a cost of $6,890.00 relating to 50 Montana; are hereby confirmed, ratified and approved, with said cost to be charged to the Capital Outlay Account #100-241-085-00-900. PASSED. AYES- 13 NOES- 0 No. 59 Report of Emergency Demolition Bids For Various Addresses 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 August 22, 1995 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR AND DOLLAR AMOUNT OF BID 48 Gittere Lebis Enterprises MaryJane and Richard $6,000.00 Zbaczyniak 5153 Electric Ave. Hamburg, NY 14075 43 St. Louis & Garage J. Martin Lavern C. Phillips $6,700.00 1071 Klein Rd. Williamsville, NY 14221 207 Rodney J. Martin Lavern C. Phillips $6,900.00 1071 Klein Rd. Williamsville, NY 14221 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 Neighborhoods, Housing and Inspections, dated September 1, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Lebis Enterprises at a cost of $6,000.00, relating to 48 Gittere, to J. Martin at a cost of $6,700.00, relating to 43 St. Louis & Garage, at a cost of $6,900.00, relating to 207 Rodney, are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0 No.60 Report of Emergency Demolition Bid-290 Jewett Due to the very serious and hazardous condition of the fire-damaged building located at the above-stated address, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i--e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised therefore, that offers to demolish were solicited on August 24, 1995 and that the contract will be awarded to the lowest responsible bidder: ADDRESS AND OWNER CONTRACTOR AND DOLLAR AMOUNT OF BID 290 Jewett Leonard K. Ross Eastwood Industries PO Box 1103 $14,444.00 Buffalo, New York We therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provisions of Chapter 113 of the Ordinance. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated September 1, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to Eastwood Industries at a cost of $14,444.00, relating to 290 Jewett, 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 II 3 of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0 No. 61 Report of Emergency Demolition Bid-130 Prospect Due to the very serious and hazardous condition of the fire-damaged building located at the above-stated address, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on June 21, 1995 and that the contract will be awarded to Lebis Enterprises. ADDRESS AND OWNER CONTRACTOR AND DOLLAR AMOUNT OF BID 130 Prospect Lebis Enterprises Jamie & Jenny Millio $8,800.00 130 Prospect Avenue Buffalo, New York Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the projects 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 Neighborhoods, Housing and Inspections, dated August 30, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to Lebis Enterprises at a cost of $8,800.00, relating to 130 Prospect, is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0 No. 62 Report of Emergency Demolition Bids for Various Locations 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 August 30, 1995 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR AND DOLLAR AMOUNT OF BID 211 Prospect Young's Auto & Housewrecking Lynn R. Surgalla c/o J. C. Gnelid $7,800.00 3380 Sheridan Dr. #279 Amherst, New York 222 Prospect Young's Auto & Housewrecking Francis R. Randolph 191 Mackinaw Street $7,800.00 Buffalo, New York 328 Glenwood & Garage J. Martin Sandra A. Bynum $8,900.00 324 Glenwood Avenue Buffalo, New York 127 Courtland Alternative Demolition Samuel & Robin Williams $5,100.00 127 Courtland Buffalo, New York Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated September 5, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Young's Auto & Housewrecking at a cost of $7,800.00, relating to 211 Prospect, at a cost of $7,800.00, relating to 222 J. Prospect, to Martin at a cost of $8,900.00, relating to 328 Glenwood & Garage, and to Alternative Demolition at a cost of $5, 1 00.00, relating to 127 Courtland, are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0 No. 63 Report of Emergency Demolition Bid-98 Spruce Street Due to the very serious and hazardous condition of the fire-damaged building located at the above-stated address, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e. in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on August 29, 1995 and that the contract will be awarded to the lowest responsible bidder: ADDRESS AND OWNER CONTRACTOR AND DOLLAR AMOUNT OF BID 98 Spruce Street Lebis Enterprises James T. Hemphill $8,900.00 115 East Utica Street Buffalo, New York Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated September 5, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to Lebis Enterprises at a cost of $8,900.00, relating to 98 Spruce 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 II 3 of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0 No. 64 Report of Emergency Demolition Bid-57 Sycamore Street Due to the very serious and hazardous condition of the fire-damaged building located at the above-stated address, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on August 30, 1995 and that the contract will be awarded to the lowest responsible bidder: ADDRESS AND OWNER CONTRACTOR AND DOLLAR AMOUNT OF BID 77 Sycamore Street Peter DelMonte Demolition Mabel W. Tate 9,700.00 P.O. Box 668 Buffalo, New York Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated September 5, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to Peter DelMonte Demolition at a cost of $9,700.00, relating to 57 Sycamore Street, is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0 No. 65 Liquor License Applications Item #119, C.C.P. 7/25/95 In regards to Item #119, C.C.P. 7/25/95, applications for Restaurant, Music and Coin Controlled Amusement Devices were mailed to Buffalo Nickel Lounge, Inc. 454 Pearl Street, Colleen Joy Krug dba C & R's Blue Haven Tavern 2022 Genesee Street and Bistro 16 dba Manny's 471 Delaware Avenue. An application for a Restaurant has been received from Seng Vong Kongphet dba Golden Lion Restaurant at 1067 Broadway. REFERRED TO THE COMMITTEE ON FINANCE. No. 66 Operating Eng. Exam Item No. 195, CCP, 6/27/95 in response to your letter dated august 28, 1995, I have enclosed the following information as requested: 1. A copy of the city of Buffalo ordinance chapter 94 2. A list of all engineers who took an examination under Mr. Moffett's direction 3. The total number of exams given by Mr. Moffett 4. Lists of candidates that were sent exam notification form letters, as required by the city of Buffalo Ordinance Chapter 94, section 94-17(a) REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND CORPORATION COUNSEL. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 67 Request. Increase. Dog Seizure Fees No.69 C.C.P. September 5, 1995. This is in response to your referral of the item referenced above. The department of Administration and Finance supports the Commissioner of Street Sanitation's request for an increase in small animal control fees provided that the new fees accord with the goal of cost recovery. I am assured by the Streets' Commissioner that the new fees are consistent with his costs and I understand that he will furnish this information to your honorable body. I trust this response addresses your referral satisfactorily. If further information is required please advise. REFERRED TO THE COMMITTEE ON FINANCE. No. 68 Reimbursement for Golf Pass Item 104 C.C.P. September 5, 1995. This is in response to your referral of the item referenced above. Given the peculiarities of Mr. Quatrani's situation, the department of Administration and Finance does not object to a reimbursement of golf pass fees in this instance. I trust this response addresses your referral. If further information is required please advise. REFERRED TO THE COMMITTEE ON FINANCE No. 69 Establish Installment Payment Plan - Property Taxes No.210 C.C.P. September 5, 1995. This is in response to your referral of the item referenced above. The department of Administration and Finance supports Council 'member LoTempio's initiative with the following modifications, First, the installment plan should be limited to four (4) quarterly payments, as opposed to monthly payments, to reduce the administrative burden on city departments and second, the installment plan's availability should be limited to those who do not owe back taxes. I trust this response addresses your inquiry. If further information is required please advise. REFERRED TO THE COMMITTEE ON FINANCE. No. 70 Ruth Block - Request for Reinstatement of Time Item No. 131, C.C.P. 09/05/95) There is a well established process for the Granting of paid time off work due to a work related illness or injury; the New York State Workman's Compensation Law. If you review the documents Ms. Block submitted to this Honorable Body, you will find that the employee's claim was not denied upon a review to the evidence, but rather, that case was closed due to the failure of Ms. Block to present her medical records to the Workman's Compensation Board. I will strongly advise against the Common Council granting paid time off to any employee when they fail to, or are unsuccessful in, making their case to the State Workman's Compensation Board. It is my hope that this communication answers the concerns of the Honorable City of Buffalo Common Council. REFERRED TO THE COMMITTEE ON CIVIL SERVICE No 71 Acting Pay - Joseph M. Mazza No.144 C.C.P. September 5, 1995. This is in response to your referral of the item referenced above. Upon referencing the City Charter, Article 14-a, Section 285.12-a "Duties and Powers of the Deputy Director" the department of Administration and Finance believes that Mr. Mazza has a claim to acting pay since it is nowhere specified that the Deputy Director shall assume the duties of the Director in the absence of same. However, I believe that the Charter, and all applicable job descriptions, should be amended to prevent occurrences of this kind in the future. It is my belief that all exempt titles of Director and Deputy Director should be required to assume the duties of their immediate supervisors without additional remuneration in a supervisors absence. I will be working with the Civil Service Commission to modify all applicable job descriptions in the hope that this situation can be prevented in the future, once this process is complete, the appropriate Local Laws will be forwarded to your honorable body for consideration. I trust this response addresses your referral satisfactorily. If further information is required please advise. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 72 Maintain Civil Service Lists During Hiring Freeze Item #212 C.C.P. 9/5/95) I would defer any response on this item to the Buffalo and/or New York State Civil Service Commission. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 73 Involve Department Heads in Labor Contract Negotiations Item No. 219, C.C.P. 09/05/95 Please accept this communication in reaction to resolution 000653; RE: Involve Department Heads in Labor Contract Negotiations. On or about January 9th, 1995, memorandum from this office went out to all Commissioners, Department Heads, and Division Directors advising them that contract negotiations would be beginning later this year. That memorandum stated its purpose was "to solicit your thoughts, specific proposals, contract modifications and other matters which you feel are important to these negotiations". The memo went on to state, "because of your leadership roles, we felt it important to seek your expertise in this process". Many responses were received by this office, Many more departments did not respond at all. I personally met with some Commissioners to discuss possible proposals. At least two Commissioners were invited to make presentations at negotiation sessions. One Commissioner later declined, stating that he was no longer interested in pursuing the proposal. I stand ready to give advice, updates, formulate proposals, and allow for the participation in the negotiation process as the Negotiation Ground Rules and labor law will allow. It is my hope that this communication satisfies the request for information made by the Honorable Body of the City of Buffalo Common Council. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION No. 74 Friendship Festival - Use LaSalle Park 1996 Festival Item No. 137 C.C.P. September 5, 1995 I have been asked to respond to the above-referenced communication. The city of Buffalo has participated in the Friendship Festival for the past nine years. When the Department of Human Services, Parks and Recreation received a copy of this same communication, and in anticipation of a 10th Anniversary Celebration of the Friendship Festival, we reserved July 4th, to 7th, 1996 for an international celebration. As of this date, it is too early to advise your Honorable Body of any specific plans for this popular event. REFERRED TO THE COMMITTEE ON FINANCE. No. 75 Certificate of Appointment Appointment Effective September 15, 1995 in the Department of Human Services, Parks & Recreation Division of Substance Abuse Services, Cynthia Rose, 137 Mills St. Buffalo 14212, to the Position of Stenographer, Temporary,at the Intermediate Starting Salary of $22,368. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CIVIL SERVICE COMMISSION No. 76 Maintain Civil Service List During Hiring Freeze Item 112, CCP, 9/5/95 In accordance with the provisions of Section 56 of the Civil Service Law, "Establishment and duration of eligible lists", be advised the Civil Service Commission may in its discretion extend the duration of any eligible list for a period equal to the length of the hiring freeze. Information concerning the dates of the hiring freeze and the eligible lists to be effective must be submitted to the Commission for their review. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No. 77 Certificate of Appointment Appointment Effective September 1,1995 in the Department of City Clerk Linda Andersen, 2047 Niagara St., Buffalo, NY 14207, to the Position of Laborer II,Permanent, at the maximum Starting Salary of $11.20 per hr.. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 78 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 1680 Elmwood Alberta Hollis REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS No. 79 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: Mayor/-Mayor Executive- Colleen Cummings Human Services, Parks, Recreation- Kelli Grady, JoAnn O'Grady Police- Robert Rosenwie Fire- Pamela Mayer RECEIVED AND FILED. No. 80 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 Municipal Housing Authority Zoning Board of Appeals RECEIVED AND FILED. No. 81 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 September 11, 1995 in the Department of Common Council Rafael Ramos, 42 Philadelphia St., Buffalo, NY14207, to the Position of Intern III, Seasonal,at the Flat Starting Salary of $5.00 hr. Appointment Effective September 13, 1995 in the Department of City Clerk Bryon Daniels, 46 Kerns Ave., Buffalo, 14211 to the Position of Intern III, Seasonal, at the Flat Starting Salary of $5.00 hr. Appointment Effective 9/8/95 in the Department of Common Council, Cathy J. Phillips 138 McKinley Pkwy. Buffalo, NY 14220, to the Position of Intern V, Seasonal, at the Flat Starting Salary of $8.00 hr. No. 82 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF STADIUM & AUDITORIUM Appointment Effective September 12, 1995 in the Department of Stadium & Auditorium Division of Memorial Auditorium, to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $ 6.22 hr .Walter Griffin, 1039 Smith St., Buffalo, 14212 Appointment Effective September 11, 1995 in the Department of Stadium & Auditorium Division of Memorial Auditorium, to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22 hr. Sharon Campbell, 147 Marine Dr., Buffalo, 14202 Michael Campisi, 88 Arkansas, Buffalo, 14213 Larry Caver, Jr., 49 Jersey St., Buffalo, 14201 James Cummings, 58 Good St., Buffalo, 14220 Ronald Czworka, 126 Hartwell Rd., Buffalo, 14216 Ben Davis, 112 Carl St., Buffalo, 14215 Charles Davis, 146 Northampton St., Buffalo, 14209 Janet Davis, 50 High St., Buffalo, 14212 Jason Durante, 116 Plymouth St., Buffalo, 14201 Sharon Elliott, 56 Centennial Walk, Buffalo, 14201 Jane Fields, 196 Butler St., Buffalo, 14208 Clinton Foster, 804 Humboldt, Buffalo, 14211 Maria Hernandez, 294 Trenton St., Buffalo, 14201 Timothy Hollander, 367 Elmwood Ave., Buffalo, 14222 H. Dennis Hooper, 56 Richfield Ave., Buffalo, 14220 Salvatore LoDestro, 854 Richmond Ave., Buffalo, 14222 Mark Lorenzo, 726 West St., Buffalo, 14213 Christopher Lozo, 56 Richfield Ave., Buffalo, 14220 Anthony Marinaccio, 49 Vanderbilt St., Buffalo, 14206 Brian McCarthy, 19 Macamley St., Buffalo, 14220 Kurt McGowan, 8 Fields St., Buffalo, 14210 Charles Mims, 409 Monroe Ave., Buffalo, 14212 Gary Moore, 488 4th St., Buffalo, 14208 Ronald Morgan, 155 Krettner St., Buffalo, 14206 Rory Newton, 279 Loring St., Buffalo, 14214 Peter Nigrelli, 160 Bloomfield Ave., Buffalo, 14220 Terrance O'Rourke Jr., 346 Villa St., Buffalo, 14216 James O'Sullivan, 1553 Hertel Ave., Buffalo, 14216 William Orr Jr., 135 Kenefick Ave., Buffalo, 14220 Joseph Owcarz, 142 Bradley St., Buffalo, 14213 John Palamara, 31 Commonwealth Ave., Buffalo, 14216 Walter Polak, 67 Koons St., Buffalo, 14212 William Pujols, 295 Plymouth Ave., Buffalo, 14213 Reynaldo Santana, Jr., 312 Vermont St., Buffalo, 14213 Christian Simcoe, 58 Ideal St., Buffalo, 14206 Darlene Swenton, 42 Philadelphia St., Buffalo, 14207 Steven Thompson, 49 Castle St., Buffalo, 14214 Edward Tooles, 26 Rose St., Buffalo, 14204 Dennis Vitale, 143 Saranac Ave., Buffalo, 14216 Franklin Washington, 365 Dartmouth Ave., Buffalo, 14215 Daniel Wilson, 49 Carlyle Ave., Buffalo, 14220 Appointment Effective September 11, 1995 in the Department of Stadium & Auditorium, Division of Memorial Auditorium to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $ 6.92 hr. Denise Bell, 205 Glenwood Ave., Buffalo, 14209 James Delmont, 106 Hartwell Rd., Buffalo, 14216 Ann DiStefano, 1016 Amherst Apt.C 9, Buffalo, 14216 Zanny Harper, 318 Leroy St., Buffalo, 14214 Norris Mays, 416 Winslow Ave., Buffalo, 14211 Mary McCarthy, 19 Macamley Ave., Buffalo, 14220 M.T. McNeal, 791 Sycamore Ave., Buffalo, 14212 Michael Naples, 1 Traymore Ave., Buffalo, 14216 James Ortwein, 190 Herkimer St., Buffalo, 14213 Gregory Palamara, 186 Saranac Ave., Buffalo, 14216 Arlene Simpson, 42 Riverside Ave., Buffalo, 14207 DEPARTMENT OF AUDIT & CONTROL Appointment Effective September 12, 1995 in the Department of Audit and Control Division of Real Estate to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $ 6.22 hr. Stephen F. Gatti, 177 York Street, Buffalo, New York 14213 DEPARTMENT OF STREET SANITATION Appointment Effective September 4, 1995 in the Department of Street Sanitation to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr. Peter J. Aramini, 351 Gold Street, Buffalo, N.Y. 14206 Appointment Effective September 12, 1995 in the Department of Street Sanitation to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $ 6.92 per hour Russell A. Cottone, 56 Manchester Place, Buffalo, New York 14213 DEPARTMENT OF ADMINISTRATION & FINANCE. Appointment Effective September 11, 1995 in the Department of Administration and Finance, Division of parking Enforcement, to the Position of Clerk Seasonal, at the Flat Starting Salary of $5.20 hr. Crosby Ford, 46 Edna Place, Buffalo 14209 DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION Appointment Effective September 7, 1995 in the Department of Human Services, Parks & Recreation, Division of Youth, to the Position of Youth Court Program Coordinator, Temporary, at the Flat Starting Salary of $37,500. Lamont E. Burley, Sr., 59 Campbell Road, Buffalo, 14215 Appointment effective September 6 1995 in the Department of Human Services, Division of Recreation, to the Position of Fee Collector, Seasonal, at the Flat Starting Salary of $ 4.94 hr. MaryAnn Burvid, 128 Sheffield, Buffalo 14220 Appointment effective September 11, 1995 in the Department of Human Services, Division of Recreation, to the Position of Fee Collector, Seasonal, at the Flat Starting Salary of $4.94 hr. Karen Chwalinski, 285 Abbott, Buffalo 14220 Kristy Ernest, 91 Milburn, Buffalo 14212 Jamie Gabmonte, 139 Kamper, Buffalo 14210 Melissa Mule, 47 Marine Drive, Buffalo 14204 Kevin Murphy, 21 Turner, Buffalo 14220 Appointment effective September 12,1995 in the Department of Human Services,Division of Recreation to the Position of Fee Collector, Seasonal, at the Flat Starting Salary of $4.94 hr. Kelly Gallivan, 196 Villa, Buffalo 14216 Appointment effective September 11,1995 in the Department of Human Services Division Of Recreation to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr. Nancy Grzebielucha, 68 Crescent Avenue, Buffalo 14214 Kevin Hayes, 795 Mckinley Parkway, Buffalo 14220 Appointment effective September 11,1995 in the Department of Human Services Division of Recreation, to the Position of Lifeguard, Seasonal, at the Flat Starting Salary of $5.20 hr. David White, 147 William, Buffalo 14206 Stephen Zipp, 220 Columbus, Buffalo 14220 Brozyna Jacob, 324 Benzinger, Buffalo 14206 Jeffrey Dziedzic, 16 Glenn, Buffalo 14206 Michael Karlinski, 349 Walden, Buffalo 14211 Jean Kersten, 38 Athol, Buffalo 14220 Erika Ryan, 757 West Avenue, Buffalo 14213 Paul Szablicki, 32 Pomona, Buffalo 14210 Appointment effective September 11,1995 in the Department of Human Services Division of Recreation, to the Position of Special Services Instructor I,Temporary,at the Flat Starting Salary of $6.50 hr. Edward Cudmore, 184 Esser, Buffalo 14207 Daniel Karlinski, 349 Walden, Buffalo 14211 Appointment effective September 11,1995 in the Department of Human Services Division of Recreation, to the Position of Supervising Lifeguard, Temporary,at the Flat Starting Salary of $ 5.98 hr. Juan Feliciano, 17 West Avenue, Buffalo 14201 Kathleen Kinney, 1776 William, Buffalo 14206 No. 83 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 ASSESSMENT Appointment Effective September 5, 1995 in the Department of Assessment to the Position of Account Clerk, Permanent, at the Minimum Starting Salary of $21,126. Ann M. Baudo, 477 Colvin Ave., Buffalo NY 14216 Appointment Effective September 11, 1995 in the Department of Assessment to the Position of Account Clerk, Temporary, at the Minimum Starting Salary of $21,126. Sandra B. Roessler, 202 Sprenger St., Buffalo NY 14211 DEPARTMENT OF ADMINISTRATION & FINANCE Appointment effective 9/14/95 in the Department of Administration & Finance, Division of Treasury, To the Position of Chief Teller, Permanent, at the Minimum Starting Salary of $25,659.00. Margaret Malkinski, 121 Brinton, Buffalo, N.Y. 14214 DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION Appointment Effective September 1, 1995 in the Department of Human Services, Parks & Recreation, Division of Substance Abuse Services, to the Position of Typist, Temporary, at the Minimum Starting Salary of $20,215. Mary K. Adamski, 337 Bristol St., Buffalo 14208 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 84 BUFFALO OLMSTEAD PARKS CONSERVANCY Adopt-a-Park Agreement (Item No. 178, C.C.P., July 25, 1995) We are requesting Common Council approval for a minor change in the recently approved Adopt-a-Park Agreement. After consultation with Mike Risman of the Corporation Counsel's office, we are requesting that the Agreement be modified in the following manner: Replace #11 with the following language: The Conservancy shall indemnify and hold harmless the City, their officers, agents and employees, from and against all claims, damages and losses arising out of or resulting from the negligent action of Conservancy employees, officers or agents, acting within the scope of their employment. The City shall indemnify and hold harmless the Conservancy, its directors, officers, and agents, from any and all claims, damages and loses arising out of or resulting from the negligent action of the City, their agents and employees, acting within the scope of their employment. This change will create consistency with the Buffalo Olmsted Parks Conservancy Agreement which was also approved by the Council in June. Thank you for filing this change. RECEIVED AND FILED No. 85 Compeer West, Inc. Program to Erect Banner Across Delaware Avenue The Board of Directors of Compeer West, Inc. is requesting permission from the Buffalo Common Council to place a banner across Delaware Avenue. The banner will announce a fund-raising event for Compeer. Lawley Insurance will provide a certificate of insurance for the banner for $1,000,000.00. The sign will read: "GO ONE ON ONE" WITH COMPEER, MIKE BILLONI & HOWARD SIMON, NOVEMBER 2ND, 12:00 PM AT THE STATLER BALLROOM, 883-3331. Compeer, a private not for profit agency, matches volunteers from the community in one-to-one relationships with children in counseling who have emotional problems, are abused, neglected or are homeless and adults experiencing emotional problems or mental illness. The Compeer program is based upon the simple premise that friendship is the best medicine and that children need role models - adults they can trust who will not hurt them. Compeer volunteers fill the gap between the clinical services provided by mental health agencies and the lack of adequate support systems by family and friends. We would like the banner to go up October 15, across Delaware near Niagara Square. I appreciate your help. Please call me if you need anymore information. Mr. Pitts moved: That Compeer West, Inc. be and hereby is authorized to place a banner across Delaware Avenue near Niagara Square on October 15 through November 3, 1995 in relation to their fund-raising event, subject to the provision of adequate insurance and any conditions set by the Corporation Counsel and Department of Public Works. PASSED Ayes-13 Noes-0 No. 86 C. MUCCIACCIO Complaint-Parking on Spaulding I purchased a home at 83 Spaulding Ave., Buffalo, NY on Oct. 26, 1994. This home went thru New York State subsided housing and the Division of Community Revitalization from City Hall, Bflo,NY. My complaint has to do with the driveway. I cannot use this driveway after 4 o'clock p.m. The street that this house is on is a one-way street. After 4:00 pm there is parking on both sides of the street. The street is narrow, only about 15 feet across, when cars are parked across from my driveway and in front and back of my driveway on the same side as the house. I have a hard time getting in and out. I have a Toyota Corolla auto and I cannot use the driveway all the time. When my family comes to visit with their vans, etc., they cannot use my driveway. The civil engineers should not have placed the driveway their. (sic) The builders, Phil Atkins, says its the city who told him to place it their. (sic). This is written notice that I am unhappy and I feel the City needs to fix this problem. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMMISSIONER OF NEIGHBORHOODS AND HOUSING INSPECTIONS AND THE COMMISSIONER OF PUBLIC WORKS. No. 87 ERIE CO. WATER AUTHORITY Consolidation - County/City Services The Erie County Water Authority and the City Department of Public Works have had quite a few discussions about cooperation and some planning discussions about system coordination since we last talked. We haven't had any discussions about consolidation simply because we are not at a point in which we can yet intelligently discuss whether or not that makes sense. We have identified the points at which our systems touch at which we can install interconnections at low cost. We have examined some joint purchasing options (initially in the area of treatment chemicals). We have discussed the use of the Water Authority's contract for geographic information systems development as a possible vehicle for developing automated maps for the Division of Water and we have discussed the steps that the City has to undertake in order to determine what kind of system coordination makes sense. A record search of maps both at the Erie County Water Authority and at the City Division of Water have turned up seven locations at which the City and Authority systems can be interconnected at relatively low cost. These are locations at which our pipes run next to each other, where there may have been a connection in the past or (in one case) where a one-way connection still exists. With two exceptions, the pipes that ran next to each other are small (typically eight inch) and would be useful for providing emergency supplies in smaller areas but would not provide large flows. In the case of the two larger mains, a significant amount of water could be transferred but not enough to supply either county on more than a regional basis. The next step is not to build the connections but to develop a modeling capability that shows what would happen if the interconnections were built, how much water could be transferred and under what circumstances that would be useful. The City is in the process of developing an RFP to build a hydraulic model to help it in capital budget planning. This hydraulic model would be able to supply the answers to these questions when built and calibrated. The Commissioner of Public Works tells me that estimated constructed time is slightly over a year from contract execution. Building the model is the next step. The Water Authority has such a model and has scheduled interconnection analysis for late this year. We know that the large interconnection at Texas and Lang was originally designed to provide water to Cheektowaga, Lancaster and Depew during the peak summer season. I think we can reasonably assume that it would still have a beneficial effect in that area if used. What we don't know is exactly how best to use it and under what circumstances it should be used. Except in emergencies, we are not short of supply nor do we experience low pressures in that area. The Authority has initiated conversations with treatment chemical users on the Niagara Frontier leading we hope will be the development of single bidding of these chemicals by the County sewage plants, the Buffalo Sewer Authority, the Buffalo Division of Water, the Erie County Water Authority and the Town of Tonawanda Water Department. Because the County does not have authority to buy from other agencies, the County has become the default lead agency in this process. All of the other agencies have the authority to buy from the County and the County has no authority to buy from them. They however do not have the staff to handle coordination. So the Authority will coordinate and the County will take bids. We have already bid powdered activated carbon and plan shortly to bid chlorine and caustic soda. By putting everyone's needs in one pot, we should be able to get large quantity discounts. While bids have been let, everyone at the moment has contracts covering various periods. Therefore, they will join in and use these bids only as their present contracts terminate. It will take several years before all agencies are actually purchasing off of the same contract. Until then discounts will be more modest. The Water Authority over flew the entire County of Erie taking aerial photographs when it began to prepare for developing its base map. The City Division of Water is interested in using these aerial photographs to improve its mapping system. Electronic mapping (developing base maps on the computer) is usually no more expensive than developing a new set of mylar based maps and has the advantage that it is easier and cheaper to update as changes occur. The Authority has a very advantageous price from its contractor for aerial photograph conversion to computer based maps. The Authority has offered to allow the City to use this contract and the contractor is agreeable. The Division of Water is still discussing how this proposal fits into their priorities and it is not yet clear whether the mapping is high enough priority at the moment so that a contract amendment will be worked out with Woolpert, the Authority's contractor, or whether automated mapping is still a ways off for the Water Division. Just as the City and Authority are delaying letting a contract to complete the interconnections until after we are able to accurately calculate the effects, we are also deferring the discussion on finding new and strategic points at which to interconnect our systems with the eventual idea of coordinated operation until we can accurately calculate our needs and our ability to provide each other water. This in turn depends upon the City's completion of its hydraulic model project. To be realistic, we feel that those discussions are between 18 months and two years in the future. All in all, the City and the Authority have made good progress. The real payoff in merger would come if our systems could be interconnected sufficiently to eliminate the need for one of the three treatment plants which we jointly operate. Certainly this could not be done without laying a good deal of interconnecting pipe. Until we both have hydraulic modeling capabilities and can devote a serious amount of time to study (a year or perhaps even two), I don't think we can answer the question of whether a plant can be eliminated. The only alternative to this kind of gradual approach would be a merger of management teams and single management of the two operations maintaining different rate structures. Merging management teams would not produce any great savings for the City as the City's management team is already smaller than it should be. We do think that there are some short term savings to be achieved over the next few years, but they lie principally in joint ventures for which we don't merger. Future areas that we can foresee include joint purchasing of a wider range of items, possible sharing of computer systems, training and management control systems and joint planning for the future. I hope this helps. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, THE COMPTROLLER AND THE WATER AUTHORITY. No. 88 NYSDOT Removal - Abandoned R.R. Structures - Rte. 5 The completed work on this contract was accepted by this department on July 19, 1995. The state will resume maintenance of the highway. All intersecting public roads, highways or streets not on the state highway system shall be maintained by the agency or local unit of government having jurisdiction beyond the outside edge of shoulder, curb line, or back of ditch of the state highway across the intersection. All existing sanitary sewers and other sewers not deemed to be a part of the project by the commissioner, all watermains, hydrants and other municipally or privately owned facilities within the limits of the highway R.O.W. which remain in service unchanged, and all such facilities relocated or protected as part of the work performed under this contract, whether crossing, located as part of the work performed under this contract, whether crossing, located within or adjacent to the R.O.W. shall be maintained by the municipality or agency owning or having control and jurisdiction thereof at no cost or expense to the state. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. No. 89 PRAYER & PRAISE FELLOWSHIP Denial of Certificate of Occupancy 221 Linwood Ave., Buffalo, New York. A church as defined in Webster's Elementary Dictionary(Copyrighted 1935 by G & C Merriam Co.) is a building for public worship esp. Christian worship. Or, a religious service held in such a building. In the Bob Jones University Christian Student Dictionary, church is defined as all past, present, and future believers in Jesus Christ as Saviour: eg. Christ "loved the church and gave himself for it". It also defines a church as a local Christian congregation such as the church of Ephesus or a building used for religious services. Just such services are held at 221 Linwood Ave. on a daily basis. During the last seven or so years of attending church services and bible studies at Prayer & Praise, my family and I have learned what it takes to be a true disciple of Christ. Such teachings have included how to be Godly parents and spouses, raising children in the admonition of the Lord, and laying our lives down for our fellow man. In other words, being imitators of Christ. In light of what is happening in homes all over Buffalo, such as divorce, drug use, child neglect and abuse, and overall rebellion against God and His Word, the need for such teachings is very evident. It's only through THE CHURCH of Jesus Christ that is, the believers such as us, that anything is going to change. I am truly sorry a Certificate of Occupancy has been denied. It is a sorry day in America when a church, and that is exactly what Prayer and Praise Fellowship is, cannot help those they choose to help. May God bless all of you, especially those of you who voted against our certificate. For "as you do to the least of these," so you have done unto Christ himself. RECEIVED AND FILED No. 91 W. SCHWAN Local 282 - Purchase of 5 Vehicles with HUD Funds Item No. 131, C.C.P., 7/25/95 I have been asked by David Donnelly, Local 282's President, to respond to Commissioner Hassett's correspondence to the Council dated August 31, 1995. Enclosed please find copy of my correspondence to Michael Merrill of HUD dated August 22, 1995 with attachment. The letter, in part, responds to Commissioner Hassett's correspondence to the Council. More importantly, however, the said letter addresses legal issues as well as serious safety considerations. In addition to what is set forth in the enclosed letter with attachment, I note the following. First, HUD has, to date, not responded to my August 22, 1995 correspondence. I have been advised, however, that waiver may not be granted since the City has not established there is an emergency that compels the immediate purchase of the five fire vehicles in issue as distinguished from need for additional fire apparatus. Thus, whether the location of the houses where the proposed trucks will be stationed meets HUD income requirements may well be irrelevant. Second, contrary to Commissioner Hassett's assertion, the Council has not approved funding for the fire apparatus in issue. Any approval of the Year 21 application for federal block grant funds is entirely separate and distinct from any prior approval for the purchase of the specific vehicles in issue. I fail to see how the Council could have approved the specific vehicles in issue since when the alleged approval was given neither the City nor the Council knew of the need for the said vehicles or their existence. Third, contrary to Commissioner Hassett's assertion, the City is not currently operating with five fewer trucks than needed. Even if it were, there is a more fundamental problem. Why ought the City purchase 75 foot aerial ladders when the single 75 foot aerial laddercurrently in use is worthless, as stated by Captain Mogavero, in many rescue operations. Almost every knowledgeable Buffalo Fire Department officer is against the purchase of 75 foot ladders for many of the same reasons noted by Captain Mogavero. If money is to be spent for the purchase of needed fire apparatus then the money ought be spent wisely - for equipment that can be fully utilized for the purposes intended. Finally, Mr. Donnelly has been advised from a number of sources including contacts in other departments that fire apparatus suited for Buffalo can be obtained in short order. He has expressed his willingness to cooperate in securing said alternative vehicles. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 92 D.SPASIANO Reduce Rent - Concession - Broderick Park The River Cafe In 1995 I was awarded the concession contract for Broderick Park located at the foot of West Ferry Street as a result of the competitive bidding process. Mr. Daniel Kruez of the office of Community Development and Commissioner Daniel Durawa have been extremely helpful and have shown great enthusiasm and support of my business endeavor throughout my first season of operation. The city-owned concession facility at Broderick Park is a brand new building funded by a H.U.D. grant. Unfortunately, the building was not ready for occupancy until the last weekend in May. Therefore, I was not able to conduct business during the months of April and May, with the exception of the last five days of May. In light of the foregoing, I respectfully request a reduction in rent to reflect the loss of approximately two months of business. Since my $6,000.00 bid for the first season of operation was based upon a six-month season to run from April through September, I request that the rent be reduced by $2,000.00 to a total of $4,000.00. Thank you for your consideration of this request and for giving me the opportunity to do business in the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION AND THE CORPORATION COUNSEL No. 93 D. ZUCHLEWSKI Complaint - Question Of Residency Civil Service Appointment I am enclosing a letter my office received anonymously in the mail. I would appreciate it if you would file this letter for the next Common Council Meeting. If you have any questions regarding this matter, please feel free to contact my office. Thank you in advance for your cooperation on this matter. I am, REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE CIVIL SERVICE COMMISSION AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. PETITIONS No. 94 William Blatner, owner, Petition to use 2480 Delaware for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 95 Camellia General Provisions Co., Inc., Petition to Rzn. 1321-1341 Genesee St., 60-88 Roetzer St. from C-2 and R-2 to M-2 for Expansion of manufacture/processing/ packaging of meat products and parking. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. REGULAR COMMITTEES CLAIMS A. FRANCZYK HON. DAVID CHAIRMAN No. 96 Claims Committee Report Compromise And Settlement Of Actions For Personal Injury That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A 1 Barbara J. Casey $4,500.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES - 13 NOES -0 No. 97 Personal Injury A 2. Dorothy C. Darlak (c/o Utica Mutual Insurance) Check should be made payable to Saperston & Day, P.C. $ 1,003.27 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Franczyk moved: The approval of the claim of Dorothy C. Darlak in the amount of $1,003.27 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, hereinabove names, in the amounts set opposite their names and delivered to them upon the delivery of the proper releases where indicated. PASSED AYES - 13 NOES - 0 No. 98 Compromise And Settlement Of Actions For Personal Injury That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A 3. Darrell Davenport $ 750.00 A 4. Glenn E. Fluman and Snyder & Michalski, As Attorneys $ 1,500.00 A 5. David S. Krzeminski and Patrick Granger, Esq. $15,000.00 A 6. Joyce Mackiewicz and Fried & Klawon , As Attorneys $13,500.00 A 7. Darryl Murphy $ 2,500.00 A 8. Pauline Wyzykowski $ 2,500.00 A 9. Jeffrey Dunbar $18,000.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES - 13 NOES - 0 No. 99 Property Damage That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B 1. Alden Harwood Please see Confidential Attorney Work Product, Page 10 for the description. $ 950.00 B 2. McDonald Adult Home Please see Confidential Attorney Work Product, Page I 1 for the description. $4,500.00 B 3. Henry Patterson Please see Confidential Attorney Work Product, Page 12 for the description. $1,100.00 B 4. Julian Willock Please see Confidential Attorney Work Product, Page 13 for the description. $ 800.00 B 5. Ronald Zaprzal Claim for payment for a pair of eyeglasses lost in the line of duty in the Police Department. $ 139.00 B 6. Robert J. Zucarelli Claim for clothing and books that were damaged in the line of duty in the Department of Street Sanitation. $ 179.77 B 7 Eugene Schmitt Claim for a broken window on a 1988 Chevrolet Beretta. The Mayor' s Impact Team was cleaning up on Wasmuth Street. In the process of cutting the grass, a stone was accidentally propelled into the window of the vehicle breaking it. $ 236.30 That checks be drawn on the account of 81-2 General City Charges 100-812-000-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 13 NOES - 0 * Mr. Bell voted in the negative on Item B5 only. No. 100 Miscellaneous Reimbursement That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claim be paid: C 1 Geraldine and Daniel Horrigan This is a claim for reimbursement for prescriptions paid by claimants for 1991 and 1992. $394.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES - 13 NOES - 0 No. 101 Miscellaneous Payroll That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claim be paid: D 1 Madeline Schiavone This is a claim for a prorated longevity payment for a retired Junior Traffic Clerk who retired on November 29, 1992. $174.66 That checks be drawn on the account of 81-2 General City Charges Fund No. 81300809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, hereinabove named, in the amounts set opposite their names and delivered to them upon the delivery of the proper releases where indicated. PASSES AYES - 13 NOES - 0 No. 102 Miscellaneous Invoice That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: E 1. Eugene R. Beckstein Claim for payment of a prior fiscal year invoice for court reporting services rendered to the Department of Law regarding Kemp Vs. The City of Buffalo. $ 1,602.00 E 2. Matthew Bender Company, Inc. Claim for payment of prior fiscal year Invoice #46962784 for services rendered to the Department of Law. $ 224.10 E 3. Buffalo Crushed Stone Claim for payment of prior fiscal year Invoice #79120 for services rendered to the Department of Public Works, Division of Engineering. $ 171.99 E 4. Buffalo Small Animal Veterinary Services, Inc. Claim for payment of a prior fiscal year invoice for veterinary services rendered to the Police Department from June 1, 1995 to June 30, 1995, Account #8514591. $ 1,000.00 E 5. Buyers & Kaczor Reporting Services Claim for payment of prior fiscal year Invoice #008673 for court reporting services rendered to the Department of Law regarding Coronado and McNeill Vs. The City of Buffalo. $ 232.30 E 6. Cleve Hill Drug Company Claim for payment of a prior fiscal year invoice for services rendered to Police Officer Marcus Dixon in August and September of 1994. $ 321.36 E 7. DeCarlo Corporation Claim for payment of Invoice #DO519950282 for an emergency enclosure at 38 Harmonia Street which was ordered by the Police and Fire Departments. $ 864.00 E 8. Denall, Vitrano & Associates Claim for payment of prior fiscal year Invoices #31933, #31934, #31935 and #31877 for Court reporting services rendered to the Department of Law. $ 557.75 E 9. DePaolo-Crosby Reporting Services, Inc. Claim for payment of prior fiscal Invoice #1 18434 for court reporting services rendered to the Department of Law. $ 308.75 E 10. Dana Edward Eischen Claim for payment of a prior fiscal year invoice for services rendered to Labor Relations for a grievance arbitration hearing regarding Case #G95-16 on June 9, 1995. $ 1,373.90 E 11. Ferguson Electric Construction Company, Inc. Claim for payment of prior fiscal year invoice #00224D for services rendered to the Department of Public Works, Division of Buildings on December 31, 1993. $ 1,646.00 E 12. FSG Industries, Inc. Claim for payment of prior fiscal year Invoice #403197800 for services rendered to the Fire Department in May and June 1995. $ 1,088.74 E 13. Huntington Laboratories, Inc. Claim for payment of prior fiscal year Invoice #6099857 for services rendered to the Fire Department on October 28, 1994. $ 300.90 E 14. Lancaster Stone Products Claim for payment of prior fiscal year Invoice #33787 for services rendered to the Department of Public Works, Division of Engineering on September 20 & 21 1994. $ 3,575.52 E 15. Landy Jacobs and Associates, Inc. Claim for payment of prior fiscal year Invoice #9506-111 for services rendered to the Department of Law during the month of June 1995. $ 9,177.00 E 16. Dean R. Nelson Claim for payment of prior fiscal year Invoice #P-4109-DRN for transcripts of a PERB hearing for an improper practice charge regarding Case #U-16454 (PBA) rendered to Labor Relations. $ 224.25 E 17. New York State Department of Taxation & Finance Claim for payment of prior fiscal year Invoice #H950621015W for services rendered to the Department of Public Works, Division of Engineering at the Erie Basin Marina. $ 210.45 E 18. Stuart M. Pohl Claim for payment of a prior fiscal year invoice for services rendered to Labor Relations for a Grievance Arbitration Hearing regarding Case No. G93-208. $ 508.00 E 19. Sue Ann Simonin Claim for payment of prior fiscal year Invoice #5358 for court reporting services rendered to the Department of Law regarding Vetter Vs. The City of Buffalo on April 13, 1995. $ 182.45 E 20. West Publishing Corporation Claim for payment of prior fiscal year Invoice #75445 for Westlaw charges to the Department of Law from June 1, 1995 to June 30, 1995. $ 702.79 E 21. West Publishing Corporation Claim for payment of prior fiscal year Invoices #79333750, #79310815, #79371719, #79390720, #79409368 and #79443618 for book publications for the month of June to the Department of Law. $ 234.75 E 22. Miriam Winokur Claim for payment of a prior fiscal year invoice for Arbitrator/Mediator services rendered to the Department of Law regarding PERB Case No. A94-534. $ 256.38 E 23. Frank J. Zamboni & Company, Inc. Claim for payment of prior fiscal year Invoice #43082 for services rendered to Inventory & Stores. $ 246.47 There are no Insurance Companies involved in the settlement of the above claims. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES - 13 NOES -0 No. 103 Report to the Claims Committee That, upon the recommendation of the Common Council, the following claims be paid: F I. Joseph and Theresa Borgesi Claim is for damage to the roof, electrical wires and driveway at 168 Folger Street as the result of a City owned tree falling on November 6, 1994. $ 1,575.25 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES - 13 NOES - 0 No. 104 Report to the Claims Committee F 2. Salvatore Howard Mr. Howard had tools stolen from his locker at the Broadway Garage, 197 Broadway on April 18, 1995 in the amount of $250 and on May 5, 1995 in the amount of $129.55 plus $20 for a heavy duty lock. $399.55 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Franczyk moved: That the claim of Salvatore Howard in the amount of $399.55 be denied. ADOPTED AYES - BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, WILLIAMS, ZUCHLEWSKI - 11 NOES - ARTHUR, PITTS - 2 No. 105 Report to the Claims Committee That, upon the recommendation of the Common Council, the following claim be paid: F 3. Doris Simmons Ms. Simmons' claim involves repair to the roof at 146 Kenefick under a government sponsored 312 Loan Program supervised by the City. $ 1,100.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES - 13 NOES - 0 CIVIL SERVICE HON. ROSEMARIE LOTEMPIO CHAIRMAN No. 106 Residency Waiver - Comm. (Item # 70 CCP March 8, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 107 Residency Waivers - Info. (Item # 76 CCP June 27, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 108 Pay Agreement - Residency Waiver Request (Item # 209 CCP April 4, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 109 Pay Agreement Residency Waiver (Item # 66 CCP April 18, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 110 Pay Agreement - Residency Waiver (CSC) (Item # 70 CCP April 18, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 111 Residency - Asst. Director Stadium Oper. (Item # 112 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 112 Verify Address - Comm. of NHI (Item # 110 September 5, 1995 CCP) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 113 Operating Engineer Exam (Item # 111 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 114 Appointment Computer Programmer That Communication No. 34 July 25, 1995 be received and filed and the permanent appointment of Kenneth Barnes stated above at the intermediate salary $32,357.00 effective on July 7, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 115 Appointment Senior Operations Communications Coordinator That Communication No. 35 July 25, 1995 be received and filed and the provisional appointment of Mark Colern stated above at the intermediate salary $27,874.00 effective on July 17, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 116 Appointment Administrative Assistant That Communication No. 36 July 25, 1995 be received and filed and the permanent appointment of Pamela Grzebielucha stated above at the intermediate salary $29,154.00 effective on July 10, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 117 Appointment Account Clerk Typist That Communication No. 38 July 25, 1995 be received and filed and the permanent appointment of Loretta Rose stated above at the intermediate salary $21,732.00 effective on July 17, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 118 Appointment Heavy Equipment Operator-Water That Communication No. 67 July 25, 1995 be received and filed and the permanent appointment of Paul Bugman stated above at the intermediate salary $25,524.00 effective on July 31, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 119 Appointment Pumping Plant Operator That Communication No. 68 July 25, 1995 be received and filed and the provisional appointment of Michael Wolasz stated above at the maximum salary $35,000.00 effective on July 17, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 120 Appointment Laborer I That Communication No. 71 July 25, 1995 be received and filed and the permanent appointment of Carmello Puzzella stated above at the intermediate salary $20,654.00 effective on July 3, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 121 Appointment Head Exterminator That Communication No. 92 July 25, 1995 be received and filed and the provisional appointment of Frank Poincelot stated above at the maximum salary $28,102.00 effective on July 10, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 122 Review Police Vet. Holiday Program (Item # 108 CCP July 25, 1995) That the above mentioned Item be and the same is hereby referred to the Committee on Finance. ADOPTED. No. 123 Review Police Vet. Holiday Program (Item # 101 CCP September 5, 1995) That the above mentioned Item be and the same is hereby referred to the Committee on Finance. ADOPTED. No. 124 Notices of Appointment (Item # 125 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 125 Salary Ordinance Amendment 98 - Department of Water 011 - Inspection and Meter Reading (Item No. 240, C.C.P., July 25, 1995) That the Salary Ordinance Amendment as contained in Item No. 240, C.C.P., July 25, 1995, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0 No. 126 Salary Ordinance Amendment 98 - Department of Police 1 - Police Administration 012 - Patrol Services (Item No. 241, C.C.P., July 25, 1995) That the Salary Ordinance Amendment as contained in Item No. 241, C.C.P., July 25, 1995, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0 No. 127 Appt. Director Employee & Training (Item # 3 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 128 Appointment Assistant Auditor That Communication No. 21 September 5, 1995 be received and filed and the permanent appointment of Christine Petschke stated above at the intermediate salary $29,294.00 effective on August 14, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 129 Appointment Paralegal Assistant That Communication No. 22 September 5, 1995 be received and filed and the permanent appointment of Kathleen Palka stated above at the maximum salary $32,416.00 effective on August 28, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 130 Appointment Senior Typist That Communication No. 52 September 5, 1995 be received and filed and the permanent appointment of Diane Gartz stated above at the intermediate salary $23,284.00 effective on July 31, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 131 Appointment Assistant Administrator (Engineering) That Communication No. 53 September 5, 1995 be received and filed and the permanent appointment of Charles Masi stated above at the maximum salary $41,594.00 effective on July 28, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 132 Appointment Stock Clerk That Communication No. 54 September 5, 1995 be received and filed and the permanent appointment of Paul O'Hern stated above at the maximum salary $23,588.00 effective on July 31, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 133 Appointment Junior Engineer That Communication No. 55 September 5, 1995 be received and filed and the provisional appointment of William Moss stated above at the maximum salary $32,395.00 effective on July 26, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 134 Appointment Water Meter Mechanic That Communication No. 56 September 5, 1995 be received and filed and the permanent appointment of Wayne Frost stated above at the intermediate salary $24,251.00 effective on July 31, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 135 Appointment Account Clerk-Typist That Communication No. 57 September 5, 1995 be received and filed and the permanent appointment of Karen Ford stated above at the intermediate salary $21,732.00 effective on July 25, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 136 Appointment Animal Shelter Attendant That Communication No. 70 September 5, 1995 be received and filed and the provisional appointment of Charles Loubert stated above at the intermediate salary $24,941.00 effective on August 25, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 137 Appointment Equipment Operator That Communication No. 71 September 5, 1995 be received and filed and the permanent appointment of Mark D. Hill and Philip Sbriglia stated above at the intermediate salary $24,251.00 effective on August 23, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 138 Appointment Equipment Operator That Communication No. 72 September 5, 1995 be received and filed and the permanent appointment of Daniel Tattenbaum stated above at the maximum salary $25,665.00 effective on August 23, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 139 Appointment Heavy Equipment Operator That Communication No. 73 September 5, 1995 be received and filed and the permanent appointment of Michael Bavaro, Sr. and Mark Harber stated above at the maximum salary $26,793.00 effective on August 14, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 140 Appointment Building Inspector That Communication No. 95 September 5, 1995 be received and filed and the permanent appointment of Thomas Brodfuehrer stated above at the intermediate salary $32,459.00 effective on August 30, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 141 Incentive Program City Employees (Item # 97 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 142 Appointment Coordinator of Lighted School House Program That Communication No. 106 September 5, 1995 be received and filed and the permanent appointment of Dexter Frank stated above at the intermediate salary $28,353.00 effective on August 2, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 143 Appointment Assistant Coordinator of LSHP That Communication No. 107 September 5, 1995 be received and filed and the provisional appointment of Kelly Buczkowski stated above at the intermediate salary $25,104.00 effective on August 29, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 144 Appointment Park Utility Worker That Communication No. 109 September 5, 1995 be received and filed and the temporary appointment of Mark Graci stated above at the intermediate salary $24,251.00 effective on August 28, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 145 Notice of Appts. Temp/Prov./Perm. (Item # 126 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 146 Salary Ordinance Amendment 01 - Common Council 1 - Division of City Clerk 001 - City Clerk (Item No. 205, C.C.P., Sept. 5, 1995) That the Salary Ordinance Amendment as contained in Item No. 205, C.C.P., September 5, 1995, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0 FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 147 Review Bflo. Pol. Vet's Holiday Prog. (Item # 10 CCP July 11, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 148 Dept. of Navy - Lease 0 Porter Ave. (Item # 12 CCP July 11, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 Proposed Lease - U.S. Navy - Use 0 Porter Avenue (Item No. 80, C.C.P., July 25, 1995) That the Comptroller be and he hereby is authorized to enter into a Lease Agreement with the U. S. Department of the Navy to use the City-owned property at 0 Porter Avenue for government purposes, with conditions as set by the Corporation Counsel and the Department of Public Works. That the Corporation Counsel shall review the agreement and that the Mayor be authorized to execute the same. PASSED. AYES- 13 NOES- 0. No. 150 S. Anderson - US Govt. Use Land Adj. Naval/Mar. Ctr. (Item # 129 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 151 Permission to Prepare Plans/Specifications for Street Resurfacing (Item No. 27, C.C.P., July 11, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to prepare plans and specifications and to advertise for sealed proposals for street resurfacing contracts on various streets as specified in the above-mentioned item. Funds for this project are available in Division of Engineering, Capital Projects Fund No. 200-401-507-00-000. PASSED. AYES- 13 NOES- 0 No. 152 Monthly Overtime Report (Item # 21 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 153 Composting Contract (Item # 25 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 154 Results of Negotiations - 188 Madison (Item No. 30, C.C.P., July 25, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs.Williams moved that the above item be recommitted to the Committee on Finance. ADOPTED. No. 155 Results of Negotiations - Portion of 124 Tacoma (Item No. 31, C.C.P., July 25, 1995) That the offer of Mrs. Roslyn Storms of 217 Hartwell and Mr. David Gallagher of 2507 Delaware Avenue, in the sum of $1,000.00 (One Thousand Dollars) or $500.00 (Five Hundred Dollars) for each half, to purchase the property described as approximately 46' x 55' to Mrs. Roslyn Storms in the amount of $500.00 (Five Hundred Dollars) and 46' x 55' to Mr. David Gallagher in the amount of $500.00 (Five Hundred Dollars) a/k/a 124 Tacoma, be and hereby are accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of titles and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser. PASSED. AYES-13 NOES- 0 No. 156 Results of Negotiations - 144 Doat (Item No. 10, C.C.P., Sept. 5, 1995 That the offer of Mr. Stephen Green, of 148 Doat Street, in the sum of $750.00 (Seven Hundred and Fifty Dollars) to purchase the property described as 144 Doat Street, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon 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. 157 Results of Negotiations - 1554 Genesee (Item No. 11, C.C.P., Sept. 5, 1995) That the offer of Mr. Lawrence Charles 111, of 145 Hastings Avenue, in the sum of $5,500.00 (Five Thousand and Five Hundred Dollars) to purchase the property described as 1554 Genesee Street, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon 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. 158 Results of Negotiations - 1256 & 1262 Jefferson Avenue (Item No. 12, C.C.P., Sept. 5, 1995) That the offer of Bishop LeRoy Anderson, Church of God in Christ, I St Jurisdiction Western New York, 1088 Delaware Avenue, in the sum of $6,800 (Six Thousand and Eight Hundred Dollars) to purchase the property described as 1256 Jefferson Avenue and in the amount of $700.00 (Seven Hundred Dollars) for the vacant lot at 1262 Jefferson Avenue, be and hereby are accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. PASSED. AYES-13 NOES- 0 No. 159 Results of Negotiations - 1363 Sycamore (Item No. 14, C.C.P., Sept. 5, 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. No. 160 Report Licenses Issued - May & June (Item # 39 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 161 Odors Squaw Island (Item # 40 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 162 NYSDEC - Squaw Island (Item # 133 CCP July 25, 1995) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 163 Squaw Island Lease (Item # 82 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 164 Bids - Michigan Avenue Lift Bridge Deck (Item No. 44, C.C.P., July 25, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Deck Replacement of the Michigan Avenue Lift Bridge, to Gateway Welding, Inc., the lowest responsible bidder in the amount of $779,000.00 for the base bid plus approved unit prices for an additional $83,900.00 for a total encumbrance of $839,000.00, with said cost to be charged against the Engineering Bond Fund 200-401-024. PASSED. AYES-13 NOES- 0 No. 165 Permission to Hire a Contractor to Repair Stairs and Railings (Item No. 53, C.C.P., July 25, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to hire a contractor for the repair to stairs and railings on City of Buffalo right-of-way. Funds for this project are available in Division of Engineering Bond Fund No. 200-401-023. PASSED. AYES-13 NOES- 0 No. 166 Parker Bay Consult. - Solid Waste Contr. (Item # 74 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 167 Bids - Kleinhans Music Hall - Asbestos Removal Phase IV (Item No. 35, C.C.P., Sept. 5, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to award a contract to Aria Corp., in the amount of $1,680.00, for Kleinhans Music Hall, Asbestos Removal Phase IV at Fan Room #1. Funds to be charged to B/F 200-402-528 Division of Buildings. PASSED. AYES- 13 NOES- -0 No. 168 Change in Contract - Asbestos Abatement Kleinhans Music Hall - Phase IV Work (Item No. 37, C.C.P., Sept. 5, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1 to Aria Corp., changes resulting in a net increase in the amount of $3,850.00, as more fully described in the above communication, for work relating to Kleinhans Music Hall - Phase IV, Contract No. 11393170. Funds to be charged to B/F 200-402-528. PASSED. AYES- 13 NOES- 0 No. 169 Change in Contract - Inhibitor Feed Facilities (Item No. 38, C.C.P., Sept. 5, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1, to BRD, Inc. changes resulting in a net increase in the amount of $121,495.00, as more fully described in the above communication, for work relating to Kleinhans Music Hall - Phase IV, Contract No. 91819400. Funds to be charged to B/F 200-402-528. PASSED. AYES-13 NOES- 0 No. 170 Change in Contract - Pool Reconstruction 1995 (Item No. 39, C.C.P., Sept. 5, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #3 to NuMarco, Inc., changes resulting in a net increase in the amount of $6,431.06, as more fully described in the above communication, for work relating to Pool Reconstruction 1995, Contract No. 91806000. Funds to be charged to B/F 200-402-063. PASSED. AYES-13 NOES- 0 No. 171 Permission to Prepare Plans/Specifications for Replacement of Pavement, Curbs and Sidewalk Repairs (Item No. 41, C.C.P., Sept. 5, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to prepare plans and specifications and advertise for bids for the replacement of pavement, curbs and sidewalks to various areas in the City as specified in the above-mentioned item. Funds for this project are available in Division of Water's 416-983-017-00-000 Capital Projects. PASSED. AYES-13 NOES- 0 No. 172 Permission to Reimburse N.Y. S. for Broadway Avenue Waterline - Bailey Avenue to Harlem Road (Item No. 42, C.C.P., Sept. 5, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to reimburse the State of New York, Department of Transportation, in the amount of $78,000.00 for waterline work associated with Broadway Avenue from Bailey Avenue to Harlem Road. Funds for this project are available in Division of Water's 416-983-001-00-000 Capital Projects account. PASSED. AYES-13 NOES- 0 No. 173 Aid to Law Enforcement Grant Program Renewal 1995-96 (Item No. 58, C.C.P., Sept. 5, 1995) That the Mayor be, and he hereby is, authorized to renew the Aid to Law Enforcement Grant Program between the City and the New York State Department of Criminal Justice Services for the period April 1, 1995 through March 31, 1996. Under this agreement, the State will provide the City of Buffalo with $652,998 to enhance the arrest and conviction of offenders who commit violent felonies and/or who otherwise fall under the definition of career criminal because of their previous arrest history. That this authorization is given retroactively as of September 1, 1995. That the Comptroller be authorized to provide for an inter-fund cash loan in the amount of $64,147 as cash advance for all non-personnel expenses (which are listed in the grant narrative budget attached to the above item) until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant program. PASSED. AYES-13 NOES- 0 No. 174 Increase in Contract - 1168-1170 Broadway Electrical Construction (Item No. 63, C.C.P., Sept. 5, 1995) That the Commissioner of Community Development be, and he hereby is, authorized to issue a change order to Weydman Electric, Inc., changes resulting in a net increase in the amount of $17,625.00, as more fully described in the above communication, for work relating to Electrical Construction, for renovations at the Neighborhood Information Center, 1168-1170 Broadway, Contract No. 91799500. Funds to be charged to B/F 200-717-070. PASSED. AYES-13 NOES- 0 No. 175 Transfer of Funds - Buildings (Item No. 171, C.C.P., Sept. 5, 1995) That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller, the sum of $47,000 be and the same is hereby transferred from the Reserve for Capital Improvements said sum is hereby reappropriated as set forth in the above item. PASSED. AYES-13 NOES- 0 No. 176 Ellicott Development Co. - Offer to Purchase 188 Madison (Item No. 136, C.C.P., Sept. 5, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. Williams moved that the above item be recommitted to the Committee on Finance. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 177 Gulley's Restaurant - Petition to use 2192 Niagara Street - Outdoor Patio (Item No. 139, C.C.P., July 25, 1995) That after a public hearing before the Committee on Legislation on September 12, 1995, the petition of Gulley's Restaurant, Harbour Place Marinas Inc., owner, for permission to use 2192 Niagara Street for an outdoor patio be, and hereby is approved. PASSED. AYES-13 NOES- 0 No. 178 University Christian - Petition to use 62-66 Englewood - Social Center (Item No. 157, C.C.P., Sept. 5, 1995) That after a public hearing before the Committee on Legislation on September 12, 1995, University Christian, owner, for permission to use 62-66 Englewood for a non-profit social center be, and hereby is approved. PASSED. AYES-13 NOES- 0 No. 179 Socony Vacuum Oil - Petition to use 577 Elmwood Avenue - Store/Gas/Restaurant (Item No. 158, C.C.P., Sept. 5, 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 September 12, 1995, the petition of Socony Vacuum Oil, owner, for permission to use 577 Elmwood Avenue for a store, take-out restaurant and gas station be, and hereby approved subject to the following conditions: 1) That no sit in restaurant be established on the site. 2) That landscaping be provided on all three (3) corners of the boundary line, including two (2) trees along Lexington Avenue and onetree on Elmwood Avenue. 3) That the conditions set by the City Planning Board also be complied with. PASSED. AYES-13 NOES- 0 No. 180 Delaware-Franklin - Petition to use 494 Franklin Street - Sit-in Restaurant (Item No. 159, C.C.P., Sept. 5, 1995) That after a public hearing before the Committee on Legislation on September 12, 1995, the petition of Delaware-Franklin, owner, for permission to use 494 Franklin Street for a sit-in restaurant be, and hereby is approved. PASSED. AYES-13 NOES- 0 No. 181 Jamel M. Saleh - Petition to Use 1407 Main street - Pole Sign (Item No. 160, C.C.P., Sept. 5, 1995) That after a public hearing before the Committee on Legislation on September 12, 1995, the petition of Jamel M. Saleh (corrected petition of Sun Ship Communications for use of 1420 Main St.), for permission to use 1407 Main Street for a pole sign be, and hereby is approved on the conditions that the sign is 20 feet high and that landscaping is provided around the base of the sign. PASSED. AYES-13 NOES- 0 No. 182 Gulley's use 2192 Niagara (Item # 62 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 183 NYS Dept. State-Army Corps Eng./Gulley's (Item # 149 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 184 9274 Group, Inc. - Petition to use 2141 Fillmore Avenue - Pole Sign (CP Bd.) (Item No. 100, C.C.P., July 11, 1995) (Item No. 5, C.C.P., July 25, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That the above item be, and the same hereby is received and filed. ADOPTED. No. 185 9274 Group, Inc. - Petition to use 2141 Fillmore Avenue - Pole Sign (Item No. 100, C.C.P., July 11, 1995) (Item No. 194, C.C.P., July 25, 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 September 12, 1995, the petition of 9274 Group, Inc., owner, for permission to use 2141 Fillmore Avenue for a pole sign be, and hereby is approved. PASSED. AYES-ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, WILLIAMS, ZUCHLEWSKI- 12 NOES-PITTS -1 No. 186 Rite Aid of NY - Petition to use 350 Niagara Street - Pole Sign (CP Bd.) (Item No. 101, C.C.P., July 11, 1995) (Item No. 6, C.C.P., July 25, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That the above item be, and the same hereby is received and filed. ADOPTED. AYES-BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, WILLIAMS, ZUCHLEWSKI- 11 NOES-ARTHUR, PITTS-2 No. 187 Rite Aid of New York Inc. - Petition to use 350 Niagara Street - Pole Sign (Item No. 101, C.C.P., July 11, 1995) (Item No. 195, C.C.P., July 25, 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 September 12, 1995, the petition of Rite Aid of New York Inc., owner, for permission to use 350 Niagara Street for a pole sign be, and hereby is approved. PASSED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, WILLIAMS, ZUCHLEWSKI - 11 NOES - ARTHUR, PITTS - 2 No. 188 Prevent Spread Box Arch. (Item # 11 CCP July 25, 1995) That the above mentioned Item be and the same is hereby referred to the Design Review Task Force. ADOPTED. No. 189 Housing Court remain open/summer(Judge Amodeo) (Item # 76 CCP July 11, 1995) That the above mentioned Item be and the sane is hereby received and filed. ADOPTED. No. 190 Casino Gambling Referendum (Item # 77 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 191 J. Mansfield - Opp. Casino Gambling (Item # 132 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 192 Clyde Watkins - Claim of Harassment by Building Inspectors - 140 Box Street (Item No. 84, C.C.P., May 30, 1995) (Item No. 153, C.C.P., July 25, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That the above item be, and the same hereby is received and filed. ADOPTED. No. 193 Clyde Watkins - Claim of Harassment by Building Inspectors - 140 Box Street (NHI) (Item No. 84, C.C.P., May 30, 1995) (Item No. 214, C. C. P., July 25, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That the above item be, and the same hereby is received and filed. ADOPTED. No. 194 Notification Serial #8533 Install Alternate Parking - Type 11 Pine Street between Broadway and William Street (Item No. 28, C.C.P., Sept. 5, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That the above item be recommitted. ADOPTED. No. 195 Encroach Awning - 2969 Main Street (Item No. 44, C.C.P., Sept. 5, 1995) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Joseph Zielinski, R.A., of William L. Long Associates, acting as agent for Crisis Services, Inc., located at 2969 Main Street, to install an awning which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) 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 awning. PASSED. AYES-13 NOES- 0 No.196 Encroachment - NFTA Bus Shelters (Item No. 45, C.C.P., Sept. 5, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to issue a "mere license" to Mr. Gordon W. Foster, Manager of Service Planning for the Niagara Frontier Transportation Authority (NFTA), to install six bus shelters within city right-of-way at the addresses listed in the above communication, subject to the following conditions. 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the bus shelters be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Engineering. 3. That the applicant be responsible for maintenance of all bus shelters as long as they remain within City right-of-way. 4. That the applicant supply the City of Buffalo with a $5,000.00 (five thousand dollar) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said bus shelters. PASSED. AYES-13 NOES- 0 No. 197 Encroachments - 189 Van Rensselaer Street (Item No. 46, C.C.P., Sept. 5, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to issue a "mere license" to Mr. Joseph P. Giusiano, P.E., Facility Manager of Graphic Controls, located at 189 Van Rensselaer Street, for several existing encroachments on Exchange Street and at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2.. That the encroachments were installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a $5,000.00 (five thousand dollar) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said entranceways and/or concrete stairs. PASSED. AYES-13 NOES- 0 No. 198 Encroachment - 3268 Main Street - Sidewalk Cafe (Item No. 47, C.C.P., Sept. 5, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to issue a "mere license" to Mr. James D. Gaurino, owner of the Coffee Bean Cafe, located at 3268 Main Street, to install a sidewalk cafe which would encroach city right-of-way at said address, subject to the following conditions. 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 thirty-six feet (36') in length or extend more than six and one-half feet (6.5') 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 an annual fee of two dollars ($2.00) per square foot of City right-of-way occupied by the encroachment 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 $5,000.00 (five thousand dollar) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. PASSED. AYES-13 NOES- 0 No. 199 Joint City/County Research Project (Item #115 CCP September 5, 1995) That the above mentioned Item be and the same is hereby referred to the Council President. ADOPTED. No. 200 Independent Living Center Restr. use Human Svc. Fac. (Item #141 CCP September 5, 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. 201 LDA - Thruway Ind. Park - Fr.. Sam's Pocket Bread Hearing (Item No. 65, C.C.P. 9/5/95) 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- Mary Ann DeMarco Fr. Sam Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Franczyk. CARRIED. Mr.Pitts moved: Whereas, the Buffalo Urban Renewal Agency has duly designated Father Sam's Pocket Bread 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, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and Now, Therefore, Be It Resolved: 1. That Father Sam's Pocket Bread 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 a 4.2 acre parcel in Thruway Industrial Park - Phase II. 2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to Father Sam's Pocket Bread 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. 202 LDA - Woodlawn Hsg. - Unique Hsg. Hearing (Item No. 75, C.C.P. 9/5/95) 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 Lou Malucci Greg Brown, Pres. Unique Hsg. USA Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Collins CARRIED. Mr. Collins moved that: Whereas, the Buffalo Urban Renewal Agency (herein referred to as the 'Agency") has duly designated Unique Housing Concept 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, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and Now, Therefore, Be It Resolved: (1) That Unique Housing Concept 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 Woodlawn Heights New Housing Project. (2) That the Mayor of the City of Buffalo and 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- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12 NOES- FRANCZYK- 1 No. 203 LDA - Woodlawn Hsg. - Regency Homes Hearing (Item No. 76, C.C.P. 9/5/95) 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 - Lou Malucci Lou DiBenedetti Mr. Pitts now moved that the hearing be closed. Seconded by Mrs. Lockwood. CARRIED. Mr. Collins moved that: Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated Regency Homes 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, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and Now, Therefore, Be It Resolved: (1) That Regency Homes 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 Woodlawn Heights New Housing Project. (2) That the Mayor of the City of Buffalo and 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. 204 Early Entry Agreement - Woodlawn/Regency (Item # 194 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 205 Outstanding L.D.A.'s (Item # 91 CCP July 26, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 206 Status - Outstanding LDA's (Item # 60 CCP October 4, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 207 Terminate Outstanding LDA's (Item # 166 CCP February 21, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 208 Audit of Fed./State/County Grants (Item # 7 CCP May 2, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 209 Lower West Side Plan (Item No. 4, C.C.P., June 27, 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. 210 BEDC Sale of 437 Genesee Street Neighborhood Commercial Land Bank (Item No. 126, C.C.P., July 25, 1995) That the offer of Ms. Mary Vance-Boyd of 439 Genesee Street, in the sum of $2,500.00 (Two Thousand Five Hundred Dollars) to purchase the property described as 437 Genesee Street, be and hereby is approved; and That the Buffalo Enterprise Development Corporation ("BEDC") 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 BEDC deposit the proceeds in a trust fund to maintain and market the remaining parcels and to acquire added parcels from the City, as per the Agreement. PASSED. AYES- 13 NOES - 0 No. 211 CDBG - Conflict of Interest Waiver (Item # 96 CCP September 5, 1995), That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 212 By: Mr. Arthur Ordinance Amendment Chapter 361 -Records The Common Council of the City of Buffalo does hereby ordain as follows: That Section 361-8 of Chapter 361 of the Code of the City of Buffalo be amended to read as follows: (17) For the correction of replacement death certificates issued to funeral directors, It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. Approved as to form Edward Peace Corporation Counsel Note: Matter underlined is new. PASSED. AYES- 13 NOES- 0 No. 213 By: Mr. Arthur Ordinance Amendment Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 361 of Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows: Chapter 361, Records Fee 361-8 For the correction of replacement death $2.00 per copy certificates issued to funeral directors It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. Approved as to form Edward Peace Corporation Counsel Note: Matter underlined is new PASSED. AYES- ARTHUR, BELL, COLLINS, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12 NOES- COPPOLA- 1 No. 214 By: Mr. Bell Preserving Area Around Cobblestone District Whereas: This Council has designated the Cobblestone Historic District in order to preserve an area that has important lessons to teach about Buffalo's past and Buffalo's future; and Whereas: The Council Cobblestone Committee is working to produce design guidelines for the district and to articulate the conditions necessary for the success of the district; and Whereas: In order for the Cobblestone District to succeed it must be part of a larger area that supports the district and provides a compatible context; and Whereas: There is much moving and shaking currently taking place in the Crossroads area and it is important that activity be carefully considered in light of its impact on the Cobblestone District and the Inner Harbor; Now, Therefore, Be It Resolved That: This Council designates the area bounded by Exchange Street, Main, the Buffalo River and Michigan Avenue as the Cobblestone Review Area; and Be It Further Resolved That: With the exception of the Crossroads Arena project, a moratorium is hereby placed on public projects, and on the sale of public land, in the Review Area ; and Be It Further Resolved That: Before the Cobblestone design guidelines are adopted by the city, the Council empowers the City Planning Board to examine plans for projects in the Review Area for their compatibility with the Cobblestone District; and Be It Finally Resolved That: The Law Department be requested to develop an ordinance amendment that will formalize the role of the Planning Board in reviewing projects in the Review Area for their compatibility with the Cobblestone District. REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE, THE COMMISSIONER OF COMMUNITY DEVELOPMENT, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL. No. 215 By: Mr. Collins: Bond Resolution $720,000 Bonds Local Match Reconstruction of Streets Account 200-401-027 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $720,000 General Improvement Bonds of said City to finance the City's local share of the cost of the reconstruction of various streets in the City, at the estimated total cost of $720,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Seven Hundred Twenty Thousand Dollars ($720,000), 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 City's local share of the cost of reconstruction of various streets in the City. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $720,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Local Match Reconstruction of Streets, 1995-96", Bond Authorization Account No. 200-401-027, and shall be used for the class of objects or purposes 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 $720,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated:. (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00a. 20. of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may , be contested only if. (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Sept. 19, 1995 LAID ON TABLE. No. 216 By: Mr. Collins: Bond Resolution $1,080,000 Bonds Local Match Reconstruction of Bridges Account 200-401-027 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,080,000 General Improvement Bonds of said City to finance the City's local share of the cost of the reconstruction of various bridges in the City, at the estimated total cost of $1,080,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Eighty Thousand Dollars ($1,080,000), 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 City's local share of the cost of reconstruction of various bridges in the City. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,080,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Local Match Reconstruction of Streets, 1995-96", Bond Authorization Account No. 200-401-027, and shall be used for the class of objects or purposes 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 $1,080,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated:. (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00a. 10. of the Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Sept. 19, 1995 LAID ON THE TABLE. No. 217 By: Mr. Collins Transfer of Funds Common Council 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 $9,000 be and the same is hereby transferred from the Common Council and said sum is hereby reappropriated as set forth below: From: 100 General Fund 010 - Common Council 008 - Councilmember Helfer 110 - Salaries - Regular $9,000 To: 100 General Fund 010 - Common Council 001 - Legislative 112 - Temporary Services $9,000 PASSED. AYES- 13 NOES- 0 No. 218 By: Mr. Collins Transfer of Funds North AmeriCare Park 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 $15,000 be and the same is hereby transferred from the North AmeriCare Park accounts for Insurance & Surety Bonds and Seasonal Services and said sums are hereby reappropriated as set forth below: From: 420 Enterprise Fund - North AmeriCare Park 61 - Stadium and Auditorium 1 -North AmeriCare Park 031 - Operation and Maintenance 582 - Insurance & Surety Bonds $ 5,000 112 - Seasonal Services $10,000 To: 420 Enterprise Fund - North AmeriCare Park 813 - Fringe Benefits 172 - Workers' Compensation & Death Award $15,000 PASSED. AYES- 13 NOES- 0 No. 219 By Mr. Collins Discharge Committee on Finance Tax Exemption for Redevelopment of Towers 4 & 7 Ellicott Mall Redevelopment Project Item No. 168, CCP, Sept. 5, 1995 Whereas, the above item is currently tabled in the Finance Committee and Whereas, it is no longer necessary for this item to be considered by that Committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Committee from further consideration of this item, and the item is now before the Common Council for its consideration. CARRIED. Mr. Pitts moved: A tax exemption for the Projects be and hereby is approved as follows: Specifically, and as permitted by Private Housing Finance Law Articles 5, 11, 18 and/or 18-A, the real property, buildings and owners would be granted a complete exemption from local and municipal taxes including school taxes. There would be a payment in lieu of City and County taxes in the aggregate base annual amount of $50 for each unit or $3,350 for each project. Such exemption would be subject to the following conditions: a. That the Projects be redeveloped by the owners in accord with the provisions of Private Housing Finance Law Articles 5,11,19 and/or 18-A and such redevelopment by completed by 12/31/97. b). That the Projects be undertaken by a company formed under Article 5 of the Private Housing Finance Law or by a limited partnership of which at least one general partner is a corporation formed under Article 11 of the Private Housing Finance Law. c. That the Projects be used, upon completion, for low-income housing in accord with Private Housing Finance Law Articles 5, 11, 18 and/or 18-A for the term of the tax exemption and be maintained in compliance with applicable City Building Codes. d. That said exemptions shall operate and continue for the period of the property's use in accord with said Private Housing Finance Law Articles 5, 11, 18 and/or 18-A, but in no event for a period of more than forty(40) years. e. That said base annual amount be adjusted by the Commissioner of Neighborhoods, Housing and Inspections after seventeen (17) years and them again every five (5) years thereafter proportionate to increases in rents and expenses of the property, provided, however, in no event shall the taxes be adjusted below the base annual amount. f. That Ellicott Mall Partnership, as the owner of the property, and its successors provide to the Commissioner of Assessment and to the Commissioner of Neighborhoods, Housing and Inspections an annual certification of the property's continued use in accord with Private Housing Finance Law Articles 5, 11, 18 and/or 18-1 and a copy of such annual audit and report as may be required by the State of New York pursuant to any such applicable Articles. PASSED. AYES- 13 NOES - 0 No. 220 By: Mr. Coppola Request Information on Golf Receipts Whereas: The City of Buffalo Parks Department installed a new computerized system at city-owned golf courses; and Whereas: The purpose of this new system was to control receipts and course usage; and Whereas: It would be beneficial for this Council to know if the new system was successful this summer. Now Therefore Be It Resolved that This Common Council requests that the Commissioner of Human Services, Parks and Recreation submit a report detailing the success, or lack thereof, of the new system in controlling receipts and course usage- the report should also detail any financial benefits including original cost and warranty. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF HUMAN SERVICES, PARKS & RECREATION AND THE COMPTROLLER. No. 221 By: Mr. Coppola Permission to Hang Banner - 4th Annual 5K Run Whereas: St. Mary's School for the Deaf will be hosting its 4th Annual 5k Run on Sunday, September 24, 1995; and Whereas: This annual race will kick-off a week-long schedule of events celebrating Deaf Awareness Week, September 24-30; and Whereas: St. Mary's School would like permission to hang a banner advertising the 5K Run across Main Street between poles #2384 to #2385. Now Therefore Be It Resolved that this Common Council grants permission to St. Mary's School for the Deaf to erect a banner advertising its 4th Annual 5K Run across Main Street between poles #2384 and 2385 providing the banner meets all requirements of all pertinent city departments and violates no existing laws or ordinances. PASSED. AYES-13 NOES- 0 No. 222 By: Mr. Coppola Request Update on Lead Testing, BMHA Whereas: The majority of the buildings in the Buffalo Municipal Housing Authority were built prior to the 1960's and have antiquated water systems; and Whereas: There is great concern about the lead content in drinking water, especially with the number of young children housed in these buildings; and Whereas: Testing has been conducted recently, and this Common Council should be informed of the latest test results for lead in the water systems of the BMHA. Now Therefore Be It Resolved that This Common Council requests the latest test results for lead in the water systems of the Buffalo Municipal Housing Authority. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 223 By: Mr. Coppola Request Update on CNG Whereas: It was recently reported that the University at Buffalo and Town of Amherst will build a natural gas fueling station next year; and Whereas: This joint effort has been made possible by a $250,000 grant from the NYS Energy Research Development Authority; and Whereas: It is a proven fact that compressed natural gas is a cleaner fuel than gasoline, thus reducing dangerous exhaust emissions and maintenance costs; and Whereas: The City of Buffalo has converted some vehicles to CNG, but does not have its own fueling station. Now Therefore Be It Resolved that this Common Council requests that the Commissioner of General Services explore the possibility of a similar grant from the NYS Energy Research Development Authority to install a natural gas fueling station in the City of Buffalo for city-owned vehicles; and also inform this body of current usage by city vehicles. ADOPTED. No. 224 By: Messrs.. Coppola , Arthur, Perla and Mrs. Williams 911 Calls Whereas: For years, the Buffalo Police Department has encouraged city residents to call 911 for all problems whether emergency or non-emergency; and Whereas: It has been disclosed that the Buffalo Police Department has been arbitrarily canceling non-emergency calls for the past several months without prior notification to our citizens or an alternate system for complaints-, and Whereas: City residents have always been encouraged to call 911 to document persistent problems such as suspected drug sales, prostitution, prowler or suspicious person, tenant problems in an absentee landlord's building, youth gang problems, loud noise such as music, party, or barking dog, etc, and this documentation has been very useful to Council Members and community associations when dealing with neighborhood problems; and Whereas: It appears that the decision to cancel these calls was made before an alternate system could be developed, which seems somewhat backwards and has impacted negatively on the quality of life in the City of Buffalo; and it also explains the increase in complaints to this Council from frustrated City residents and Police Officers, alike, on the lack of response from the Department over the past few months; and Whereas: The City of Buffalo is facing a major PR problem as it is with the adverse publicity associated with crime, and this recent disclosure does nothing to add to our credibility while raising questions about the criteria used to determine the priority status of a call and who does the prioritizing. Now Therefore Be It Resolved that This Common Council requests that the Commissioner of Police immediately submit a report to this Council detailing his new policy on canceling what are considered non-emergency calls, the methods used to prioritize all calls to the 911 system, and what his department plans on doing to deal with non-emergency calls. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 225 By: Mr. Czajka Integrated Waste Services, Inc - Lease of Truscon Site Whereas: In Item No. 157, C.C.P., July 25, 1995, the Common Council authorized the City to enter into a Lease Agreement with Integrated Waste Services, Inc. ("IWS") to lease the property located on South Park Avenue known as the Truscon Site (the "Lease Agreement"); and Whereas: Paragraph 9 of the Lease Agreement states IWS will relinquish the site within thirty (30) days if the City has an offer of purchase for the Truscon Site; and Whereas: IWS rejected the Lease Agreement proposed by the City by proposing alternate terms to the approved Lease Agreement in a memorandum dated August 24, 1995 to City Engineer David Jaros from IWS Environmental Manager Vincent J. Grandinetti; and Whereas: IWS has not yet taken possession of the property- and Whereas: The City has received a request to be named redeveloper for the property from a qualified developer; and Whereas: It is anticipated that a land disposition agreement for the property will be approved in the near future and the proposed redeveloper has stated that construction on the development must begin before December of this year. Now Therefore Be It Resolved: That this Common Council does hereby rescind the authorization given in Resolution No 157, C.C.P, July 25, 1995 to enter into the Lease Agreement with Integrated Waste Services, Inc. because Integrated Waste Services, Inc. has rejected the City's original offer and by rescinding the offer authorized by Resolution No. 157, C.C.P. July 25,1995 prior to its acceptance by IWS and the consummation of the Lease Agreement, the City can avoid the necessity of exercising its rights under Paragraph 9 of the Lease Agreement. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, THE CORPORATION COUNSEL AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 226 By: Mr. Franczyk Appointment to Conservancy Board Whereas: The Buffalo Olmsted Parks Conservancy was created to improve Buffalo's Olmsted Parks system in partnership with the Parks Department and City of Buffalo, Whereas: Buffalo attorney Margery Miller has long been active in volunteering her time and efforts to improve Buffalo's Olmsted Parks; Now Therefore Be It Resolved: That the Common Council appoint Margery Miller of 296 Huntington Street, Buffalo 14214, to the Buffalo Olmsted Parks Conservancy Board of Directors. ADOPTED. No. 227 By: Mr. Franczyk Amend Adopt-a-Park Agreement Whereas: The Common Council recently approved an Adopt-a-Park Agreement between the City of Buffalo and the Olmsted Parks Conservancy; and, Whereas: The Agreement should be modified to create consistency with the Olmsted Parks Conservancy Agreement; Now Therefore Be It Resolved: That this Common Council replace paragraph #11 of the Adopt-a-Park agreement with the following language: The Conservancy shall indemnify and hold harmless the City, their officers, agents and employees, from and against all claims, damages and losses arising out of or resulting from the negligent action of Conservancy employees, officers or agents, acting within the scope of their employment. The City shall indemnify and harmless the Conservancy, its directors, officers, and agents from any and all claims, damages and losses arising out of or resulting from the negligent action of the City, their agents and employees, acting within the scope of their employment. ADOPTED. No. 228 By: Mr. Franczyk Payment of Certain Small Claims Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the subject claims are eligible for consideration under the said procedure; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof; Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law: 1. AT&T Claim for payment of prior fiscal year Invoices for services rendered to the Police Department for May 24, 1995 and June 15, 1995. $ 16.23 2. Black & Decker (U.S.) Inc. Claim for prior fiscal year Invoice #008-34236 for services rendered to the Department of Public Works, Division of Engineering. $ 9.10 3. Rosalind Brown Claim for expenses incurred by claimant for a 1992 Honda vehicle that was wrongfully towed by the City. $ 96.00 4. Gunda Collins Claim for loss of garbage cans at 112 Wingate Avenue. $ 23.50 5. Marilyn Craig Claim for loss of seven (7,) garbage cans at 336 Esser Avenue. $ 50.00 6. Anthony House Claim for loss of garbage can at 300 Highgate Avenue. $ 10.00 7. David S. Kelm Claim for loss of garbage can at 18 Minton Street. $ 9.00 8. David & Jason Miller Claim for damage to a 1986 Pontiac Firebird on Delaware Avenue, Gates Circle. An orange cone fell from the back of a City Garbage Truck damaging the vehicle. $ 78.03 9. Joy Morreale Claim for the cost of a stolen starter jacket that was recovered by the Police Department and given to the wrong person. $ 70.00 10. Shirlene Morrow Claim for loss of garbage cans at 78 Timon Street. $ 14.50 11. Mary Stachowski Claim for loss of garbage cans at 32 Hayden Street. $ 14.50 12. Raymond J. Trudnowski Claim for loss of garbage can at 152 Military Road. $ 10.00 13. John A. Villafranca, Court Reporter Claim for payment of a prior fiscal year invoice for services rendered to the Department of Law regarding Johnson Vs. City. $ 64.75 14. John A. Pitts Claim for loss of garbage can at 97 Wilkes Avenue. $ 10.00 15. Queen City Pure Water Claim for payment of prior fiscal year Invoices #30545, #33453 and #30144 for services rendered to the Department of Public Works, Division of Engineering. $ $ 28.50 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES - 13 NOES- 0 No. 229 By: Mr. Franczyk Public Hearing on 911 System Whereas: Crime is generally regarded as Buffalo's problem "Number One"; and, Whereas: Citizens largely rely on the 911 system to report crime and disturbances in their neighborhoods. Citizens in fact, told by law enforcement officials to call the 911 system ; and, Whereas: Although the 911 system is argued to be reserved for large scale emergencies, people rely on 911 for a whole host of problems which impact on their quality of life; and Whereas: Trivial calls should not ideally "clog" the 911 circuit, but other calls of an arguably "less serious" nature should not be ignored; and Whereas: It has been reported in the media that many 911 calls have been routinely ignored this summer, fostering frustration and distrust between law enforcement, the city and the citizenry; and Whereas: So-called quality of life calls, such loud noise and music and other disturbances, cannot be categorized as "trivial" and in many case merit a quick police response; and Whereas: Some neighborhood problems simply can't wait for weeks until a community police officer is assigned to investigate, as alluded to by the police department hierarchy; and Whereas: The flight out of Buffalo could accelerate if people believe that their 911 calls will be ignored, as they have been this past summer; Now Therefore Be It Resolved: That this Common Council conduct a public hearing where citizens can air their views of the 911 system, as well as the police department, to offer an explanation. Be It Further Resoled: That block clubs and community groups throughout the city be invited as well as the police department, the P.B.A. and any other interested parties. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE. No. 230 By : Mrs. Lockwood: Restricted Use Permit for Martial Arts Supply and Knife Store Whereas: The Iron Circle "Macho Shop," a Martial Arts Supply and Knife Store, is currently operating at 2091 Seneca Street; and Whereas: At this time there is no City license or zoning requirement restricting this type of store - front operation and no Common Council review required: and Whereas: There is no mechanism requirement in the City of Buffalo that would require a police check on the owners of such a store, unless there are second hand items being sold. Now Therefore Be It Resolved: That the Corporation Counsel report to this Council as to the methods of regulating such facilities which include, but are not limited to, licensing, permitting and Council approval. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 231 By: Mrs. LoTempio Salary Ordinance Amendment 21-0 Department Of Fire The Common Council of the City of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 21 -0 Department of Fire under the subheading "013 - Support Services" is hereby amended by adding thereto: Pursuant to Article XVII of the collective bargaining agreement with Buffalo Professional Firefighters Association, Inc., Local 282, the Commissioner of Fire may, as necessary, transfer, in their respective ranks, officers who are receiving benefits required under the provisions of Section 207-a of the General Municipal Law, to this function for the period of time that such officers are receiving these benefits. The numbers of officers in each rank shall be determined by the number who are receiving benefits at that time and the ranks and salaries shall read as follows: Firefighter (207-a, only) $30,860 - 41,723 Assistant Fire Alarm Dispatcher (207-a, only) 45,693 Fire Lieutenant (207-a, only) 48,310 Fire Alarm Dispatcher (207-a, only) 49,714 Fire Captain (207-a, only) 50,763 Battalion Chief (207-a, only) 55,349 Division Fire Chief (207-a, only) 60,906 We, CORNELIUS J. KEANE, Commissioner of Fire and JAMES B. MILROY, Director of the Budget, hereby certify that the addition of the above positions is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 232 By: Mrs. Lotempio Salary Ordinance Amendment 06 - Department of Administration and Finance 4 - Parking Enforcement 022 - Parking Violations Bureau The Common Council of the City of Buffalo does hereby ordain as follows: That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to 064-022 Department of Administration and Finance - Parking Enforcement Parking Violations Bureau, which reads: 1 Clerk $20,215 - $22,420 is hereby amended to read: 3 Clerk $20,215 - $22,420 We, Eva Hassett, Commissioner of Administration and Finance and James B. Milroy, Director of the Budget, hereby certify that the addition of two (2) Clerks is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above position, containing statements of the duties of such position, have been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. Approved as to Form Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 233 By: Mrs. LoTempio Salary Ordinance Amendment 20-1 Department Of Police The Common Council of the City of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 20-1 Department of Police under the subheading "011 - Detective Bureau" which reads: Detail of Chief of Homicide, Assistant Chief of Detectives, Detective Sergeant and Detective. Any member of the police force, who is qualified by rank pursuant to law, may be detailed by the Commissioner of Police as Chief of Homicide, Assistant Chief of Detectives, Detective Sergeant, or Detective, and any such detail may be revoked by the Commissioner of Police at any time. The maximum number of such details herein authorized and the rate of compensation payable to each member of the police force while so detailed shall be respectively as follows: 1 Chief of Homicide at the rate of $55,349 per annum. 4 Assistant Chiefs of Detectives at the rate of $51,719 per annum. 6 Detective Sergeants at the rate of $45,234 per annum. 82 Detectives at the rate of $43,248 per annum. is hereby amended to read: Detail of Chief of Homicide, Assistant Chief of Detectives, Detective Sergeant and Detective. Any member of the police force, who is qualified by rank pursuant to law, may be detailed by the Commissioner of Police as Chief of Homicide, Assistant Chief of Detectives, Detective Sergeant, or Detective, and any such detail may be revoked by the Commissioner of Police at any time. The maximum number of such details herein authorized and the rate of compensation payable to each member of the police force while so detailed shall be respectively as follows: 1 Chief of Homicide at the rate of $55,349 per annum. 5 Assistant Chiefs of Detectives at the rate of $51,71 9 per annum. 6 Detective Sergeants at the rate of $45,234 per annum. 82 Detectives at the rate of $43,248 per annum. We, R. GIL KERLIKOWSKE, Commissioner of Police and JAMES B. MILROY, Director of the Budget, hereby certify that the creation of one (1) Assistant Chief of Detectives position is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the amount set forth in the foregoing ordinance. APPROVED AS TO FORM Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 234 By: Mrs. LoTempio Salary Ordinance Amendment Enterprise Fund - Water 98-0 Department Of Water The Common Council of the City of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 98-0 Department of Water under the subheading "011 - Inspection and Meter Reading" is hereby amended by adding thereto: 1 Water Service Inspector (J. Berebko, only) $22,266 - 24,914 We, JOSEPH N. GIAMBRA, Commissioner of Public Works and JAMES B. MILROY, Director of the Budget, hereby certify that the creation of one (1) Water Service Worker (J. Berebko, only) position is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 235 By: Mr. Pitts Medicare Whereas: 1995 is the 30th Anniversary of Medicare; and Whereas: The U.S. Congress in 1965 made a bi-partisan commitment to offer needed medical assistance to our older citizens; and Whereas: Congress is currently considering legislation that will largely reverse that commitment by requiring Medicare beneficiaries to spend $2,750 more, out of pocket, on health care; limit their ability to choose their own doctor, allow insurance companies to tell doctors how to practice medicine, jeopardize the long term safety net of older citizens; and will result in the layoff of thousands of WNY health care workers whose services are direly needed; and Whereas: Congress is also considering legislation that will cut Medicaid benefits; and Whereas: One-half of the proposed deficit reduction savings in this legislation will come from Medicare and Medicaid, while tax breaks are being increased for the rich; and Whereas: While the Buffalo Common Council recognizes that health care in this country is in crisis, we believe increased out-of-pocket costs and reduced benefits will only worsen the crisis. Now Therefor Be It Resolved That: The Buffalo Common Council joins with the broad-based community coalition WNYers United Against Cuts in Medicare and Medicaid in celebrating the 30th Anniversary of Medicare on September 11, 1995. Be It Further Resolved That: The Common Council joins the coalition in urging Congress members LaFalce, Paxon, Quinn, Slaughter and Houghton to vote proposed cuts in Medicare and Medicaid. Be It Finally Resolved That: The Buffalo Common Council communicate to the WNY Congressional Delegation its belief that comprehensive reform in the health care system is the only valid means of addressing the crisis in Medicare and Medicaid. ADOPTED. No. 236 By: Mr. Pitts Public Hearing - 911 Calls Whereas: According to a newspaper report, thousands of calls to the 91 1 system are being ignored by the Buffalo Police Department; and Whereas: Police officials claim that the 911 calls which go unanswered are non-emergency calls for matters such as loud music and dogs barking or matters that should not have been reported to the Police; and Whereas: The main reason that the 911 system is flooded with too many calls for non-emergency situations is the fact that calls to Precinct houses are not accepted by police personnel even if the call is not urgent, and individuals are instructed to call 91 1 for all police matters regardless of whether it is an emergency or not; and Whereas: Regardless of whether the 911 call is an emergency or non-emergency matter, residents expect and deserve police response; and Whereas: Without giving any details, the Police Commissioner intends to develop an alternative system for reporting matters that are not considered emergencies; and Whereas: One of the most difficult aspects of developing a new system is determining how to differentiate and categorize emergency vs non-emergency calls, how the information will be distributed to the proper division, what kind of response to expect, and how to educate the public; and Whereas: The department should investigate the feasibility of establishing a Non-Emergency Hotline using Police Community Service Officers to respond to calls for service which are determined to be less urgent cases; Now, Therefore, Be It Resolved: That the Common Council conduct a Public Hearing at 7:00 P.M. on Thursday, September 21, 1995 in the Common Council Chamber to: 1. discuss problems relative to the current 91 1 system; 2. ask the Police Commissioner for details of his alternative non-emergency call system and his thoughts on the feasibility of using Community Service Officers to respond to such cases; 3. solicit the views of the community regarding the current 91 1 system, ways to improve the system, and their ideas for a establishing a new non-emergency call system; and Be It Further Resolved: That the Commissioner of Police and the Commissioner of the Erie County Central Police Services provide computer reports since January 1, 1995 for all calls to the 911 system detailing the date and time of each call, the corresponding time of response, or the time when the complaint was canceled from the system; Be It Finally Resolved: That the City Clerk forward certified copies of this resolution to the Commissioner of Police, the Commissioner of the Erie County Central Police Services, and the Police Benevolent Association. Mr. Pitts moved that the hearing notice be adopted and the balance of the item be referred to the Committee on Legislation. ADOPTED No. 237 By Mr. Pitts Permission to Hang Pole Banners Whereas: Solid Grounds at 431 Elmwood Avenue will sponsor the "Solid Grounds Coffee Jam" on September 29, 1995; and Whereas: Proceeds from this event will benefit the Pediatric AIDS Unit at the Children's' Hospital of Buffalo; and Whereas: The organizers would like permission to hang a banner off light pole #423, adjacent to Solid Grounds, near the southeast comer of Elmwood and Bryant, to promote this event; and Whereas: Permission has already been obtained to use a light pole in the parking lot of the Rite Aid at 424 Elmwood Avenue to support one end of the banner; and Now, Therefore Be It Resolved: This Common Council grants permission to the organizers of "Solid Grounds Coffee Jam" to hang a pole banner off light pole #423, subject to any conditions that may be imposed by the Corporation Counsel and Department of Public Works. PASSED AYES- 13 NOES- 0 No. 238 By: Mr. Pitts Rescind Grass Cutting Charges At 232 And 236 Sycamore Whereas: The City charged Andy Johnson owner of 259 Sycamore Street for grass cutting at 232 and 236 Sycamore Street; and Whereas: Mr. Johnson attests that he has always cut his own grass; and Whereas: Mr. Johnson has consistently tried to straighten this out annual mistake. Now, Therefore Be It Resolved: That this Common Council approves the waiver of grass cutting charges at 232 and 236 Sycamore Street. PASSED. AYES- 13 NOES- 0 No. 239 By: Mr. Pitts Repairs At Erie County Historical Society Whereas: The Erie County Historical Society has initiated needed repairs to its building; and Whereas: The repairs and renovations include a new roof and exhibit space which has accommodated two new exhibits during the past year,- and Whereas: The Historical Society has utilized monies from its budget in order to accommodate the timeliness of scheduling; and Whereas: Monies for the repairs were originally to be provided through a City Bond Fund. An agreement with the Department of Public Works was developed to reimburse the Historical Society once the repairs were Finalized; and Whereas: The Historical Society will provide a complete accounting of expenditures to the City. Now, Therefore Be It Resolved: That the Common Council approves the reimbursement of capital expenditures to the Erie County Historical Society out of Bond Account #200-402-060. PASSED. AYES- 13 NOES- 0 No. 240 By: Mr. Zuchlewski Ordinance Amendment Chapter 78 -Animals The Common Council of the City of Buffalo does hereby ordain as follows: That Section 78-12 of the Code of the City of Buffalo be amended to read as follows: 78-12. Seizure, redemption periods and impoundment fees. The seizure of dogs, the redemption periods and the impoundment fees shall be governed by [and as provided in] Article 7 of the Agriculture and Markets Law of the State of New York and as provided in Chapter 175, Fees. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. PASSED. AYES - 13 NOES- 0 No. 241 By: Mr. Zuchlewski Ordinance Amendment The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 78 of Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows: Chapter 78, Animals 78-12, seizure and impoundment of dogs First Seizure $25.00 Second Seizure $50.00 plus $5.00 per day Third and Subsequent Seizures within one year of the First Seizure $75.00 plus $5.00 per day It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter underlined is new. PASSED AYES- ARTHUR, BELL, COLLINS, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12 NOES- COPPOLA- 1 No. 242 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 Floyd Lisinski By Councilmember Czajka Felicitation for Bishop Charles McCoy By Councilmember Pitts ADOPTED. No. 243 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: Robert Marshall, Jr.. Monique R. Sullivan Mary B. Reid ADOPTED No. 244 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: Robert J. Meldrum Frank L. Poincelot Susan Majewski ADOPTED. UNFINISHED BUSINESS No. 245 Bond Res. - $50,000 Mech. Service Garage (Item #174, C.C.P. Sept 5, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Collins PASSED. AYES-13 NOES- 0 No. 246 Bond Res. - $54,000 - Reconstruct Walk - Elmwood (Item #175, C.C.P. Sept 5, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES-13 NOES- 0 No. 247 Bond Res. - $54,000 - Reconstr. Curbs, etc. - So. Bflo. (Item #176, C.C.P. Sept 5, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES - 13 NOES- 0 No. 248 Bond Res. - $54,000 - Reconstr. Curbs, etc. - Univ. Dist. (Item #177, C.C.P. Sept 5, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Collins PASSED. AYES - 13 NOES- 0 No. 249 Bond Res. - $70,000 - Adm. Bldg. - Zoo (Item #178, C.C.P. Sept 5, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES - 13 NOES- 0 No. 250 Bond Res. - $84,000 - Streets Ellicott Dist. (Item #179, C.C.P. Sept 5, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES - 13 NOES- 0 No. 251 Bond Res. - $100,000 - Constr. Handicap Access (Item #180, C.C.P. Sept 5, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES - 13 NOES- 0 No. 252 Bond Res. - $100,000 - Reconstr. Bridges, etc. (Item #181, C.C.P. Sept 5, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES-13 NOES- 0 No. 253 Bond Res. - $100,000 - Kleinhans (Item #182, C.C.P. Sept 5, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES - 13 NOES- 0 No. 254 Bond Res. - $100,000 - Porter Ave. Exit Ramp (Item #183, C.C.P. Sept 5, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES - 13 NOES- 0 No. 255 Bond Res. - $154,000 - Reconstr. Machnica Ctr. (Item #184, C.C.P. Sept 5, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES-13 NOES- 0 No. 256 Bond Res. - $154,000 - Reconstr. St., etc. - Delaware Dist. (Item #185, C.C.P. Sept 5, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES-13 NOES- 0 No. 257 Bond Res. - $163,000 - Reconstr. PAL Ctr. (Item #186, C.C.P. Sept 5, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES-13 NOES- 0 No. 258 Bond Res. - $350,000 - Reconstr. City Court (Item #187, C.C.P. Sept 5, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES - 13 NOES- 0 No. 259 Bond Res. - $350,000 - Reconstr. Curbs Elmwood Item #188, C.C.P. Sept 5, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES - 13 NOES- 0 No. 260 Bond Res. - $435,000 - Reconstr. Fire Stations (Item #189, C.C.P. Sept 5, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES - 13 NOES- 0 No. 261 Bond Res. - $500,000 -Neigh. Redev. Site Prog. (Item #190, C.C.P. Sept 5, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES - 13 NOES- 0 No. 262 Bond Res. - $2,000,000 - Reconstr. Sts. - Crossroads (Item #191, C.C.P. Sept 5, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Collins. PASSED. AYES - 13 NOES- 0 No. 263 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, September 26, 1995 9:30 A.M. Finance Tuesday, September 26, 1995 - following Civil Serv. Legislation Thursday, September 21, 1995 7:00 PM Tuesday, September 26, 1995 2:00 PM Ec.. Dev. Wednesday, September 27, 1995, 10:00 AM U.Renew. Agency Wednesday, September 27, 1995 following Ec. Dev. Ancillary Committees Carbon Monoxide Task Force Thursday, September 21, 1995 10:00 AM Rm. 1417 Special Education Monday, September 25, 1995 1:00 PM Rm 1417 Special Comm. on CATV Thursday, September 28, 1995 7:00 PM No. 264 Adjournment On a motion by Mr. Pitts, seconded by Mr. Bell, the Council adjourned at 3:30 P.M. Charles L. Michaux, III City Clerk