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Home My WebLink About95-1003 1No. 18 Common Council Proceedings of the City of Buffalo Regular Meeting, October 3, 1995 Pension Board Meeting , September 29, 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 Mistreat, 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, October 3, 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. Bell, the minutes of the stated meeting held on September 19, 1995 were approved. FROM THE MAYOR No.1 Reappointment of Members to the Buffalo Preservation Board Pursuant to the powers vested in me by Article II, Section 337-3, Part II of the Code of the City of Buffalo, I hereby reappoint, subject to confirmation by Your Honorable Body, the following individuals to the Buffalo Preservation Board: Gwen A. Howard9 Malta PlaceBuffalo, N Y 14201 Gwen Howard is being reappointed for a 3-year term (September 1, 1995 - August 31, 1998). Brian P. Brady A.I.A.6 Linden Ave. Bflo, N Y 14214 Brian Brady is being reappointed for a 3-year term (September 1, 1995 - August 31, 1998). David T. Stieglitz372 Prospect Ave. Bflo., NY 14201 David Stieglitz is being reappointed for a 3-year term (September 1, 1995 August 31, 1998). I hereby certify that the above named individuals are fully qualified for reappointment to the Buffalo Preservation Board. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 2 Appointment of Members to the Examining Board of Plumbers. Pursuant to the provisions of Section 40-A of Article 4 of the General City Law of the State of New York and Section 311, Article 17 of the City Charter, I hereby appoint the below listed individuals as members of the Examining Board of Plumbers: Harold K. Fawcett197 Vermont StreetBuffalo, N.Y. 14213 Mr. Fawcett has been a Master Plumber in the City of Buffalo for 17 years. He is the Business Manager of C.E.F. Enterprises. Mr. Fawcett is a Community Development Contractor. Mr. Fawcett replaces Paul Dellinger who resigned and fills Mr. Dellinger's term - December 31, 1995. Dominic N. Macri11 DallasBuffalo, N.Y. 14220 Dominic Macri is Master Plumber. He worked for the City of Buffalo for 30 years and retired as a Building Superintendent. He also carries a Chief Engineer and Heating license. Mr. Macri is a member of the Ismalia Temple. I hereby certify that the above names individuals are fully qualified for appointment to the Examining Board of Plumbers. Mr. Macri replaces Angelo Frisicaro's term until December 31, 1997. Mr. Frisicaro resigned on May 1, 1995. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 3 Appointment of Members to the War Memorial Stadium Board Pursuant to the powers vested in me by Article 6, Section 4, and new Sections 109-u, 109-v, 109-w and 109-x of the Charter of the City of Buffalo, I hereby appoint the below listed persons as members of the War Memorial Stadium Board: Rev. Matthew Brown23 Herman St. Buffalo, New York 14212 Rev. Brown is filling the unexpired term of Jan Peters, who has resigned. Matthew Brown's term will expire May 15, 1997. Albert (Mickey) Howard215 Peach StreetBuffalo, NY 14204 Mr. Howard is replacing George Johnson whose term expired May 15, 1995. Albert (Mickey) Howard's term will expire May 15, 1996. I hereby certify that the above listed persons are fully qualified to serve as members of the War Memorial Stadium Board. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 4 W. Blatner- Request to Erect a Pole Sign 2480 Delaware Avenue Item No. 94. C.C.P.. 9/19/95 The City Planning Board at its regular meeting held Tuesday. September 26, 1995 considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, the Review of Pole Signs. The applicant seeks to erect an illuminated pole sign which would have a sign face area of 40 square feet and an overall height of 15 feet. The sign will be accessory to an auto repair shop. The sign is located in a C2 zone which permits such signage. 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. RECEIVED AND FILED. No. 5 Canisius College, Request to Erect a Ground Sign at 2121 Main Street Item No. 154, C.C.P., 9/5/95 The City Planning Board at its regular meeting held Tuesday, September 26, 1995 considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, the Review of Ground Signs. The applicant seeks to erect an illuminated ground sign which would have a sign face area of 32 square feet (8 feet by 4 feet) and an overall height of 4 feet. The sign will be accessory to the College's cultural center which had formerly been St. Vincent DePaul R.C. Church. The sign is located in an R2 zone which does not permit freestanding signs. Consequently, the applicant has been given permission to erect the sign by the Zoning Board of Appeals. 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. RECEIVED AND FILED. No. 6 Beneson Capital Co., Request to Expand an Existing Parking Lot, 345 Amherst Street Item No. 161, C.C.P., 9/5/95 The City Planning Board at its regular meeting held Tuesday, September 26, 1995 considered the matter captioned above pursuant to Section 511-68 of the Buffalo Code, the Niagara Coastal Special Review District. The applicant is seeking a restricted use permit for a parking lot addition for Tops Supermarket which has already been built. The following concerns were raised by the Board members: 1) To what extent does the parking addition affect the original approval of the market by Your Honorable Body as predicated on the Environmental Impact Statement which was required under SEQR? Will the unauthorized expansion require a new Environmental Impact Statement to be prepared by the applicant? 2) The parking lot addition resulted in the removal of an undetermined number of mature trees, contrary to applicable provision of the Buffalo Code. What measures will Tops take to remedy the loss of these trees? 3) The parking lot expansion encroached an area along the north bank of Scajaquada Creek that had been set aside for a pedestrian trail. The area remaining for the trail is now unusable by pedestrians or bicyclists without extensive excavation of the creek bank. Will Tops agree to build the pathway as it had done earlier? Given these and other questions, the Planning Board voted to table the matter. The Board also recommends the Your Honorable Body compel the applicant to barricade the illegally created parking area so as to prevent its use by their customers until the matter can be equitably resolved by all interested parties. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMPTROLLER No. 7 Certificate of Necessity Capital Budget Amendment Authorization for Additional Capital Indebtedness We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 359 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the Common Council prior to July 1, 1995 for the ensuing fiscal year, by adding the following item: Dated: Buffalo, NY, September 27, 1995 RECEIVED AND FILED. No. 8 Certificate of Necessity Increased Appropriation North AmeriCare Park - Reserve for Replacements North AmeriCare Park - Building Repairs & Alterations We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in $23,685 the sum of in the estimates for the fiscal year beginning April 1, 1995 is necessary in Appropriation Allotments - North AmeriCare Park to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 420-899002 - Reserve for Replacements not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Dated: Buffalo, NY, September 26, 1995 RECEIVED AND FILED. No. 9 Bond Closeout The City of Buffalo issues bonds to provide funds to finance the costs of various capital projects which are described in the bond resolutions submitted to the Common Council. When we raise capital funds by selling bonds, it is reasonably anticipated that all of the projects will proceed timely and binding commitments for the completion of the projects will be entered into in a timely manner. Proceeds of bonds not expended for the object or purpose for which the bonds were sold must be applied to the payment of principal and interest on such bonds (Local Finance Law - Section 165.00). The Division of Accounting has received a request from the Buffalo School Board to close out the following bond fund account because the project has been canceled. Unencumbered Balance ACCT. # 299 PURPOSE 9/25/95 970-062 Reconstruction of School #71 $ 248,541.82 Restricted for Future Unrestricted for Debt Service Debt Service $165,240.00 $ 83,301.82 Upon favorable action by Your Honorable Body, I will close the bond account and the amount restricted for future debt service will be transferred to the debt service reserve, and the unrestricted amount will be used as a resource for the 1996-97 Capital Debt Service Fund Budget. REFERRED TO THE COMMITTEE ON FINANCE. No. 10 Monthly Overtime Usage Report I am providing the Common Council with the updated Monthly Overtime Usage Report which reflects overtime expenditures for all City departments as of 8-31-95. This report also projects departmental overtime expenditures for the entire fiscal year based on current usage. REFERRED TO THE COMMITTEE ON FINANCE. No. 11 Report of Audit Department of Police Overtime in Central Booking We have reviewed the overtime incurred in the central booking office of the Buffalo Police Department. In the fiscal year ending June 30, 1995 the central booking office incurred overtime costs in the amount of $154,124.64 and also accrued 1,432 hours of compensatory time. This will cost a total of $15,980.41 in future years when the compensatory time is used. This office has 21 employees. It consists of report technicians and telephone operators. The maximum salaries for these employees is $23,588.00. The average wages paid to employees in this department for the fiscal year ending June 30, 1995 was $32,976.00. One employee had gross wages of $43,215.00. The office is staffed 24 hours a day, with three shifts of 8 hours. The department generally schedules a minimum of 4 report technicians and one centrex operator per shift. Currently, the day shift has two telephone operators working Monday through Friday and one on the weekends. Also, there are five report technicians per shift on Tuesday and Wednesday. During the fiscal year ended June 30, 1995 there were 287 sick days taken in this department, or an average of 13.66 days per employee. An employee earns sick time at the rate of 15 days a year. The cost of the sick time was $25,718.85. Since an employee is always called in to fill in for a sick employee at time and a half, the sick days cost $38,578.27 in overtime expense. Also, since an employee is always called in to fill in for an employee using compensatory time at time and a half, the compensatory days cost $23,970.61 in overtime expenses. Approximately $62,548.88 of the $154,124.64 (or 40.58%) in overtime costs were incurred to cover for people on sick leave or on compensatory time off. Currently, the 21 employees in this department earn a total leave time of 333 vacation days and 126 personal days a year. To cover the total number of shifts currently scheduled by the department, and have enough coverage to take care of the scheduling of leave time, this department would require 24 employees. RECOMMENDATIONS: 1. The current schedule which mandates of a minimum of 4 report technicians and one centrex operator per shift is causing 40% of the overtime. Is it necessary to "call in" employees at time and a half to backfill positions? 2. Review the work load to determine if 4 report technicians are necessary on all three shifts. 3. Review the work load to determine if 5 report technicians are necessary on Tuesday and Wednesday. 4. If schedule changes are not possible, then there needs to be an additional 3 employees in this department. This can be accomplished by redeployment of current staff or by hiring new employees to work when other employees are on leave time. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF POLICE AND THE COMMISSIONER OF ADMINISTRATION & FINANCE. No. 12 Req. Info. - Golf Receipts Item #220, C.C.P.,9-19-95 Please be advised that the computerized system implemented to monitor the flow of cash receipts at City-owned golf courses is still under review and will be a major portion of the golf course audit which will be filed with the Common Council within the next few weeks. As this year's golf season nears completion, we expect a complete analysis of the computer system to determine its value to the City including benefits, liabilities (if any) and costs, as well as observations and recommendations associated with the regular audit process. REFERRED TO THE COMMITTEE ON FINANCE. No. 13 Purchase of 1363 Sycamore Ruth Johnson & Iris Kirkwood Item No. 14, C.C.P. 9/5/95 At the request of the Finance Committee the Director of Real Estate met with the proposed purchasers of the above captioned property. After review of the offer made by Ms. Johnson and Ms. Kirkwood, the Committee recommended that the purchasers meet with the Director of Real Estate to try and negotiate a fair and reasonable offer for the property. Ms. Ruth Johnson and Iris Kirkwood have increased their offer to Fifteen Hundred Dollars ($1,500), an increase of Five Hundred Dollars ($500) over their previous offer. Your Honorable Body may recall that the property was appraised by Mr. Dennis Walker, Appraiser, 43 St. Paul Street, Buffalo, New York 14209. He had estimated the fair market value of the property to be Six Thousand Dollars ($6,000). The appraiser had broken down the value of the property estimating the improvements to be worth Forty-Two Hundred Dollars ($4,200) and the land value to be worth Two Thousand Dollars ($2,000). I am once again recommending that Your Honorable Body receive and file the offer of Ms. Ruth Johnson and Iris Kirkwood, since the increase of Five Hundred Dollars ($500) is still well below the appraised market value of the property and the price offered is less than the land value indicated by the appraiser. REFERRED TO THE COMMITTEE ON FINANCE. No. 14 Frank Josker - 384 Broadway Item No. 18, C.C.P. 9/19/95 At the request of the Finance Committee the Director of Real Estate has met with Mr. Frank Josker regarding his interest in acquiring the above captioned property. Please be advised that the Division of Real Estate has worked out the following terms and conditions for Mr. Josker to lease the building for a two year period with an option to purchase: 1. That the term of the lease will be for a two year period. The monthly rental will be Two Hundred Dollars ($200) per month. 2. The lessee has the option to purchase the leased premises, as is, for an amount to be determined by an appraisal. 3. The lessee will make all necessary repairs to bring the property into code compliance, within 6 months, at his own cost and expense. Said improvements made by the purchaser will not be included in the as is appraised value of the property. 4. The lessee will provide the City with an insurance policy holding the City harmless from liability against property damage and bodily injury, in an amount to be determined by the Corporation Counsel. I am recommending that Your Honorable Body approve a lease agreement upon the above terms and conditions. I am further recommending that the Corporation Counsel prepare the necessary agreement for the lease with option to purchase the above property and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 15 Renewal Option Lease Agreement Between the City of Buffalo and West Side Community Services for Use of 161 Vermont Street Item #181, C.C.P. November 15, 1988 Your Honorable Body authorized the lease agreement between the City of Buffalo and West Side Community Services for use of 161 Vermont Street. This ease was for a five (5) year period commencing April 1, 1988 to March 31, 1993, with succeeding one (1) year renewals, with a maximum of nine such renewals. This office has received a request from Ms. Lucy Candelario, Executive Director of West Side Community Services requesting to exercise their option to renew said lease for an additional one year period as stated in their lease agreement. The lessee has fully satisfied and complied with all provisions and terms of the lease. The renewal will be for the period retroactive from April 1, 1995 to March 31, 1996. This is their 3rd renewal option of their lease agreement. The annual rental fee is waived for use of the Center and premises by the West Side Community Services. This Office recommends Your Honorable Body approve the request of West Side Community Services to exercise their option to renew their lease for an additional one year term. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary lease renewal and hat the Mayor be authorized to execute the same. Mr. Pitts moved: That the communication from the Comptroller, dated September 28, 1995, be received and filed; and That the Comptroller be, and he hereby is, authorized to enter into a lease agreement between the City of Buffalo and West Side Community Services, for use of 161 Vermont Street, for a period retroactive from April 1, 1995 to expire on March 31, 1996. The annual rental fee is waived for use of the Center and premises by West Side Community Services. That the Corporation Counsel shall be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED. AYES-13 NOES- 0 No. 16 Interfund Loan Over the last six year, the City has provided loans from the City General Fund to the city, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance those Projects. As of today, we have one request for money to finance a project and we will not re-enter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Funds to the City's Capital Projects Fund in the amount of $218,000 for Reconstruction of Historical Society Building. The loan will he repaid when Bond Anticipation Notes or Bonds are issued. From To Account 100 General 200 Capital Projects 200-402-000 Repayment Date Total BAN/Bond Sale $218.000 Mr. Pitts moved: That the Comptroller be and he hereby is authorized to provide a interfund cash loan from the General Fund to the city's Capital Projects Fund in the amount of $218,000 for reconstruction at the Historical Society Building. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED. AYES-13 NOES- 0 . No. 17 Interfund Loan Over the last six years, the city has provided interfund loans from the City General Fund to the City, Board and Enterprise Capital Projects Funds to implement financing of the capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one for money to finance a project and we will not re-enter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the city's Capital Projects Fund in the amount of $250,000 for Rehabilitation of citywide Playgrounds. The loan will repaid when Bond Anticipation Notes or Bonds are issued. From To Account 100 General 200 Capital Projects 200-717-019 Repayment Date Total BAN/Bond Sale $250,000 Mr. Pitts moved: That the Comptroller be and he hereby is authorized to provide an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $250,000 for Rehabilitation of Citywide Playgrounds. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED. AYES-13 NOES- 0 . FROM THE PRESIDENT OF THE COUNCIL No. 18 Appt. Member-Bd. of Assmt. Review Pursuant to the powers vested in me as President of the Buffalo Common Council, I hereby reappoint Mrs. Camille Gaiter, residing at 278 Parker Avenue, Buffalo, New York to the Board of Assessment Review. She will serve for a 5 year term beginning October 3, 1995. Mr. Pitts moved: That the communication from the Council President, dated September 27, 1995, be received and filed; and That the reappointment of Mrs. Camille Gaiter, 278 Parker Avenue, to the Board of Assessment Review for a five (5) year term beginning October 3, 1995, and expiring October 3, 2000, be, and hereby is confirmed. ADOPTED. FROM THE COMMISSIONER OF ASSESSMENT No. 19 Resources Internat.- Accept Gift - Lieu of Taxes - 541 Seneca Item #90, C.C.P. 9/19/95 A review of tax files show the parcel assessed as 541 Seneca in scheduled to be foreclosed by the City of Buffalo on October 23, 1995, on In Rem 29, Serial #11. Assessment records show that Seneca Corridor Industrial Park, Inc. acquired this parcel from Russell Scherrer on February 7, 1992, Liber 10389, Page 359 for $1.00 with the following city taxes and sewer rent unpaid: 1985-86 City Tax $4,827.98 1986-87 City Tax 4,713.10 1987-88 City Tax 7,214.40 1988-89 City Tax 7,327.30 1989-90 City Tax 7,037.08 1990-91 City Tax 7,234.49 1991-92 City Tax/ Sewer Rent 7,998.68 Subsequent to the date of acquisition, the following taxes also remain owing: 1992-93 City Tax and Sewer Rent $9,228.18 1993-94 City Tax and Sewer Rent 7,848.53 1994-95 City Tax and Sewer Rent 6,600.13 1995-96 First Installment 2,622.92 Interest applied on the above figures is computed to 9/30/95. A Collection Division fee of $10.00 has been applied where applicable. A Foreclosure Fee of $325.00 must be paid in addition to the taxes owing to redeem from foreclosure. A review of the Erie County Clerk's records shown Donald L. Summer, Esq., 1300 Statler Towers, 107 Delaware, Buffalo NY, as the agent representing Seneca Corridor Industrial Park, Inc. with no other reference name listed. It is also our understanding that although title in no longer in the name of Russell Scherrer, he does have an interest in this property and is a stockholder in the corporation. According to Matthew Baudo, Director of Housing and Inspections, this property has numerous violations and is in Housing Court. REFERRED TO THE COMMITTEE ON FINANCE. No. 20 Liquor License Request Item #78, C.C.P. 9/19/95 Tax files were reviewed to determine if the individuals and/or corporations applying for a liquor license owe real property tax, sewer rent, local assessments and/or occupancy tax. Please be advised of the following: 1180 Hertel in assessed to Elizabeth Brinkworth, 528 Elmwood Avenue, Buffalo, NY. Assessment records also show the following parcels assessed to Elizabeth or Betty Brinkworth: 1487 Hertel 727 Elmwood Tax records show the following city tax and sewer rent unpaid as of 9/22/95: 1180 Hertel 1487 Hertel 727 Elmwood 1993-94 T ax / Sewer $13,967.53 $27,645.95 $11,231.86 1994-95Tax / Sewer $11,744.55 $23,244.43 $ 9,444.57 1995-96 1st Installment $ 3,923.18 $ 7,939.75 $ 3,362.72 Interest on the above computed to 9/30/95. A Collection Division Fee of $10.00 has been added where applicable. On properties listed there is no local assessment and the occupancy tax is paid. Assessment records show the residence of Elizabeth Brinkworth, 528 Elmwood, assessed to John & Sam Gikas, 522 Elmwood, Buffalo NY. The 1995-96 first installment city tax is paid. The occupancy tax is paid and there is no local assessment. Assessment records show numerous listings under the name Brinkworth; there is no way to determine if there is any connection to Elizabeth Brinkworth. Assessment records do not show ownership in the City of Buffalo under the applicant's name of John Bona III or the Corporation name of JB3, Inc. REFERRED TO THE COMMITTEE ON FINANCE. No. 21 Liquor License Requests Item #120, C.C.P. 9/5/95 Tax files were reviewed to determine if the individuals and/or corporations applying for a liquor license owe real property tax, sewer rent, local assessment and/or occupancy tax. Please be advised of the following: 1. The request to report the status of 2022 Genesee was also included in C.C.P. 7/25/95, Item #119 2022 Genesee is assessed to George I. Gammel and Loretta M. Weiss, 2022 Genesee, Buffalo,NY. our records show the first installment tax for 1995-96 in paid an in the occupancy tax. Assessment records also show the following parcels assessed to George Gammel, 188 Sprenger Ave., Buffalo, NY: 94 Leddy 99 Leddy 100 Leddy The 1995-96 First Installment City tax is paid on all the above parcels. These parcels are exempt from occupancy tax. Assessment records show Loretta Weiss, co-owner of 2022 Genesee, as owner of the following with a mailing address of 445 Dorrance Ave #118, Buffalo NY: 90 Leddy 40 Euclid Tax records show the following City tax and sewer rent unpaid an of September 11,1995: 40 Euclid 1993-94 City Tax and Sewer Rent $1,333.20 1994-95 City Tax and Sewer Rent $1,122.44 1995-96 First Installment City Tax $ 442.75 The occupancy tax is exempted for this parcel 90 Leddy 1993-94 City Tax and Sewer Rent $ 606.33 1994-95 City Tax and Sewer Rent $ 546.90 1995-96 First Installment City Tax $ 222.18 Interest on the above parcels computed to September 30, 1995. A Collection Division fee of $10.00 has been added where applicable. The occupancy tax is owing. There is no local assessment on any of the above parcels Assessment records do not show ownership in the City of Buffalo under the applicant's name of Colleen Joy Krug Owens or the business name of C & R's Blue Haven Tavern. 2. 153 Elmwood, assessed to Oriole Management Inc., 3999 Genesee St., Buffalo , KY. Assessment records also show 161 Elmwood as being assessed to Oriole Management. The first installment and sewer rent for 1995-96 are paid on the above parcels, as is the occupancy tax. There is no local assessment on either parcel. There is no ownership in the City of Buffalo under the applicants name of Christian DiFiglia or the business name of outback,Inc. 3. 1255 Broadway, assessed as 1253 Broadway and assessed to Peter Esch, 274 West Royal Parkway, Williamsville, NY. The first installment of the 1995-96 city tax is paid as is the occupancy tax. There in no local assessment. Assessment records do not show ownership of property in the City of Buffalo under the applicant's name of Arnold Burchalewski or the business name of Toons Saloon, Inc. 4. 414 Pearl, assessed as 416 Pearl and assessed to Garvey Enterprises, 416 Pearl St., Buffalo, NY has the following city tax and sewer rent unpaid as of September 11, 1995: 1993-94 City Tax $14,717.44 1994-95 City Tax and Sewer Rent $12,810.06 1995-96 First Installment City Tax $ 5,094.52 Interest on the above parcels computed to September 30, 1995. A Collection Division fee of $10.00 has been added where applicable. The occupancy tax is paid and there is no local assessment. The applicant, Mark T. Supples, 202 Linwood Ave, Buffalo, NY owns property assessed as 204 Linwood Ave and 33 Virginia PL in the City of Buffalo. The first installment of the 1995-96 city tax is paid on the above parcels as in the occupancy tax and there is no local assessment. Assessment records show no ownership in the City of Buffalo under the corporate name of Tubby Supples, Inc. 5. 1819 Genesee, assessed as 1815 Genesee and assessed to Walford M. Daniels, Jr. and Sarah B. Daniels, 105 Proctor Ave, Buffalo, NY. Assessment records show the 1995-96 first installment city tax unpaid as of September 11, 1995 in the amount of $1,236.73 with interest computed to September 30, 1995 Another property assessed as 105 Proctor and assessed to the above shows the 1995-96 first installment city tax and sewer rent paid. On both of the above parcels the occupancy tax is paid and there is no local assessment. Assessment records show no ownership in the City of Buffalo under the applicant's name of Ahmed A. Mallahi, the business name of East Side Liquors or the former corporate name of Genesee Discount Liquors, Inc. which was previously located at 1819 Genesee St. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 22 Notification Serial #8537 Repeal of Traffic Control Signal at Franklin Street and Virginia Street TRAFFIC CONTROL SIGNALS - REPEAL Whereas, the Department of Public Works - Traffic Section has had an extensive and intensive traffic study of this area performed; and Whereas, this study found that not one of the eleven warrants necessary for the installation of a traffic signal was met as required by Federal and New York State Department of Transportation standards; and Whereas, this traffic control device can be replaced with stop sign control on Virginia Street, which will provide safe traffic control of this intersection in a manner consistent with neighboring streets in this area, and Whereas, the removal of this signal installation will effectively reduce operating and maintenance costs of the City of Buffalo while not jeopardizing the safety of its residents; Therefore 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 (45) days after the first Council meeting at which they appear on the agenda as an item of business. That that part of Section 36 of Chapter 479 of the Ordinances of the City of Buffalo to be amended by repealing therefrom the following: TRAFFIC CONTROL SIGNALS Intersection of Franklin Street and Virginia Street IS HEREBY REPEALED. Notification Serial #8538 Repeal of Traffic Control Signal at Linwood Avenue and Barker Street TRAFFIC CONTROL SIGNALS - REPEAL Whereas, the Department of Public Works - Traffic Section has had an extensive and intensive traffic study of this area performed; and Whereas this study found that not one of the eleven warrants necessary for the installation of a traffic signal was met as required by Federal and New York State Department of Transportation standards; and Whereas this traffic control device can be replaced with stop sign control on Barker Street, which will provide safe traffic control of this intersection in a manner consistent with neighboring streets in this area, and Whereas the removal of this signal installation will effectively reduce operating and maintenance costs of the City of Buffalo while not jeopardizing the safety of its residents; Therefore 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 (45) days after the first Council meeting at which they appear on the agenda as an item of business, That that part of Section 36 of Chapter 479 of the Ordinances of the City of Buffalo be amended by repealing therefrom the following: TRAFFIC CONTROL SIGNALS Intersection of Linwood Avenue and Barker Street IS HEREBY REPEALED, Notification Serial #8539 Install Stop Signs (All-Way) in Perry Street at Illinois Street 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 II of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Perry Street Illinois Street Police Emergency - This action is being taken due to poor visibility and heavy truck traffic resulting from "Crossroads" construction. The stops are to be erected for the duration of "Crossroads" construction and are to be removed upon completion. Notification Serial #8540 Install One-Way Street Direction Canton Alley Southbound from East Oakwood Place to Dewey Avenue ONE WAY STREET DIRECTION - INSTAL L 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 Section 22 of Chapter 479 of Ordinances of the City ONE WAY STREET of Buffalo be supplemented by adding thereto the following: DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Canton Alley southbound from East Oakwood Place to Dewey Avenue This street is being converted to one-way traffic, in conjunction with the closing of Canton Alley from Leroy Avenue to East Oakwood Place, in order to allow safe and efficient egress from East Oakwood Place for emergency, snow removal, and sanitation equipment. Notification Serial #8541 Install No Standing on William Street Triangle, south side from Michigan Avenue to a point 25O' east NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances NO of the City of Buffalo be supplemented by adding thereto the following: STANDING PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD William Street Triangle, south side At all times from Michigan Avenue to a point 250' east Notification Serial #8542 Repeal of No Standing on William Street, south side between Michigan Avenue and Pine Street NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD - DAILY William Street, south side Anytime between Michigan Avenue and Pine Street This action is being taken to provide on-street parking for the recently built homes in this area. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 23 Closure of Canton Alley between Dewey and Leroy Avenue Item No. 210, C.C.P. 11/15/94 This is in response to Common Council Resolution No. 210 of November 15, 1994. Please be advised that the Department of Public Works - Traffic Section has reviewed the proposed closure of Canton Alley between Dewey and Leroy. This department objects to this closure as it would effectively "dead-end" East Oakwood. This action would prevent snow and trash removal and would severely hamper, if not completely eliminate access by emergency vehicles for residents along East Oakwood. However, given the present situation, the Department of Public Works proposes the following solution: 1) Close Canton Alley to vehicular traffic between Leroy and East Oakwood 2) Change the "open" portion of Canton Alley to one-way traffic between East Oakwood and Dewey. This pattern would allow vehicles to travel East Oakwood to Canton Alley and then to Dewey Avenue. It would allow snow/trash removal and access for emergency vehicles. 3) The closure would be accomplished with the use of guard rails across Canton Alley at Leroy and by concrete "Jersey" barrier at East Oakwood. The use of the concrete barrier would allow for access to the "closed" portion of Canton Alley in "emergency" situations. Therefore, the Department of Public Works recommends that Your Honorable Body approve the closure of Canton Alley to vehicular traffic between East Oakwood and Leroy. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 24 Correction of Bond Account to be Charged Painting the Steel Pipe Casing and Pipe Bridge Crossing Scajaquada Expressway Item No. 51, C.C.P. 07/25/95 Per authorization contained in CCP 51, of July 25, 1995, a contract has been awarded to C&A Painting Contractors, Inc., 28 Garden Avenue, West Seneca, New York for the Painting of the Steel Pipe Casing and Pipe Bridge Crossing the Scajaquada Expressway. At the time the report of bids was prepared, the wrong account was listed to which this contract was to be charged. The correct account to be charged for this project is Division of Water's Capital Project Account No. 416-983-015-00-000. Mr. Pitts moved: That the communication from the Department of Public Works, dated September 14, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to correct the account to charge Painting the Steel Pipe Casing and Pipe Bridge Crossing at the Scajaquada Expressway to the Division of Water's Capital Project Account No. 416-983-015-00-000. PASSED. AYES- 13 NOES- 0 No. 25 Report of Bids For the Michigan Avenue Lift Bridge Detour Route Intersection Improvements Item No. 51, C.C.P. 7/26/94 As authorized and directed by your Honorable Body in Item No. 51, C. C.P. 7/26/94, 1 have advertised and received bids on September 6, 1995 for the Michigan Avenue Lift Bridge Detour Route Intersection Improvements Project. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and materials which will be performed. The cost of the work will be based on the actual measured quantities of material entering into the work and may be more or less than the total bid. The following bids were received: Contractor Total Bid Destro Brother Construction $140,112.75 (Low) M. Faigiano Construction Co. $166,793.60 Nichter Construction Co. Inc $172,584.40 M. Passucci Inc $178,237.50 Omer Construction Co. Inc. $192,926.25 Depew Development Inc. $223,129.00 I hereby certify that the lowest responsible bidder for the above project is Destro Brothers Construction, and I respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to the Division of Engineering Bond 200-401-024 in and amount of $140,112.75, plus approved unit prices for an additional amount of $14,011.28 for a total encumbrance of $154,124.03. The engineers estimate for this work is $150,000.00. The above is certified to be a true and correct statement of the bids received. Under the provisions of the General Municipal Law any of the bidders may withdraw his bid if the award of this contract is not by October 20, 1995. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Pitts moved: That the communication from the Department of Public Works, dated ; September 22, 1995, be received and filedand That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Michigan Avenue Lift Bridge Detour Route Intersection Improvements Project to Destro Brothers Construction, the lowest responsible bidder in the amount of $140,112.75, plus approved unit prices for an additional amount of $14,011.28 for a total encumbrance of $154,124.03; with said cost to be charged against the Division of Engineering Bond Fund 200-401-024. PASSED. AYES- 13 NOES- 0 No. 26 Emergency Reconstruction-McKinley Monument Fountain, Pools, Niagara Square. Due to extreme leaking from the eight (8) fountain pools located within McKinley Monument, the Division of Buildings was forced to shut the water off at the monument for this past season. The Division of Buildings and the Buffalo Arts Commission have formulated a method of properly scaling the pools with a flexible membrane. This work, however, must be performed before winter. I have therefore declared this project an emergency. We are recommending the vendor, Patterson-Stevens Inc., who has proposed to install a waterproofing membrane system in the eight (8) pools at a total cost of $32,925.00. This system has a full ten (10) year warranty and funds are available in the Department of Community Development in Account 200-717-063. REFERRED TO THE COMMITTEE ON FINANCE. No. 27 Change in Contract Construction of Small Animal Shelter I hereby submit to Your Honorable Body the following change for the Construction of the Small Animal Shelter, 380 Oak Street - Grand Island Electric, C91794500: 1. Service and branch circuit modifications. Add $ 3,908.96 2. Lighting revisions. Deduct 1,375.53 3. Delete telephone and audio systems. Deduct 2,022.00 4. Delete fire alarm. Deduct 3,200.00 5. Freezer updates. Add 809.39 The foregoing change results in a net decrease in the contract of One Thousand Eight Hundred Seventy Nine and 18/100 Dollars ($1,872.18). Summary: Original Amount of Contract $67,107.00 Amount of This Change (No. 1) Deduct 1,872.18 Revised Amount of Contract $65,234.82 This change could not be foreseen at the time contract was let. Funds for this work will be credited back to 200-402-099. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Pitts moved: That the communication from the Department of Public Works, dated September 20, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1 to Grand Island Electric, changes resulting in a net decrease in the amount of $1,872.18, as more fully described in the above communication, for work relating to the Construction of the Small Animal Shelter, C91794500. Funds to be credited to 200-402-099. PASSED. AYES- 13 NOES- 0 No. 28 Change Order No. 2 Painting the Steel pipe Casing and Pipe Bridge Crossing Scajaquada Expressway City Contract No. 91833800 I hereby submit to your Honorable Body the following Change Order No. 2 with C & A Painting Contractors for work relating to Painting the Steel Pipe Casing and Pipe Bridge Crossing Scajaquada Expressway, City Contract No. 91833800: New Work Item No. 1 Repairs to fence; additional 23 l.f of pipe casing; additional three (3) change bolts Increase: $ 6,572.02 New Work Item No. 2 Additional cold water pressure washer (complete) Increase: $ 3,594.80 Costs have been reviewed by the Department of Public Works and have been found to be fair and equitable. SUMMARY: Original Amount of Contract $66,300.00 Change Order No. 1 - Increase $ 6,630.00 Change Order No. 2 Increase $ 10,166.82 CURRENT AMOUNT OF CONTRACT $ 83,096.82 Funds in the amount of $10,166.82 are available in the Division of Water's 416983-015-00-000 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. Mr. Pitts moved: That the communication from the Department of Public Works, dated September 26, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #2 to C & A Painting Contractors, changes resulting in a net increase in the amount of $10,166.82, as more fully described in the above communication, for work relating to Painting the Steel Pipe Casing and Pipe Bridge Crossing Scajaquada Expressway, City Contract No. 91833800. Funds to be charged to the Division of Water's 416-983-015-00-000 Capital Project Fund. PASSED. AYES- 13 NOES- 0 No. 29 Change in Contract - Change Order No. 1 - Construction of Curb & Sidewalk at Stevenson St. - Seneca St. to North Legion Dr. Destro Brothers Concrete Co., Inc., Group 41393 Contract No. 91810300 Item No. 29 C.C.P., 05/30/95 I hereby submit to your Honorable Body the following item unit price change order to the Contract for the above named project. This change order is necessary to enable us to complete the resurfacing of Stevenson Street resulting from new design grades for the curbing and sidewalk. ADDITIONAL UNIT PRICES Estimated Unit Estimated New Contract Item Descript. Quantity Price cost 04.110 City Fine Top 252.39 tons $45/ton $11,357.55 02.401.5 Cold Mdling - 1-1/2" 2161.1 s.y.$2.25/s.y. $4,862.45 Total Cost Change Order No. 1 $16,220.00 CONTRACT SUMMARY Contract Base Bid $63,780.00 This Change Order No. 1 $16,220.00 Total Contract Amount $80,000.00 Funds for this change order are available in Capital Projects Fund Account #200-401-017-00-000 in the Division of Engineering, Department of Public Works. This work will require no extension of time. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to Destro Brothers Concrete Co., Inc. Mr. Pitts moved: That the communication from the Department of Public Works, dated May 10, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1 to Destro Brothers Concrete Co., Inc., changes resulting in a net increase in the amount of $16,220.00, as more fully described in the above communication, for work relating to the resurfacing of Stevenson Street resulting from new design grades for the curbing and sidewalk, Contract No. 91810300. Funds to be charged to the Capital Projects Fund Account #200-401-017-00-000 in the Division of Engineering, Department of Public Works. PASSED. AYES- 13 NOES- 0 No. 30 718 Elmwood Avenue Requests Permission to Install Sidewalk Cafe Mr. Robert Mollot, owner of Too Taste Restaurant,located at 718 Elmwood Avenue, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The proposed cafe would measure twenty feet (201) in length and project ten feet (101) from the building face into City right-of-way. The Department of Public Works has reviewed Mr. Mollot's application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License,, for installation of said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed twenty feet (201) in length or extend more than ten feet (101) from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of two dollars per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 31 1463 Hertel Avenue Requests Permission to Install Sidewalk Cafe Kin Wah Siu, owner of The Hong Kong Buffet, located at 1463 Hertel Avenue, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The proposed cafe would measure forty feet (401) in length and project eight feet (81) from the building face into City right-of-way. The Department of Public Works has reviewed this application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License,, for installation of said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed forty feet (401) in length or extend more than eight feet (81) from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of two dollars per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 32 O'Shanter Resources, Inc. Niagara Street Former City of Buffalo Animal Shelter 1274 Niagara Street As I am sure the Council is aware, the Department of Public Works has been in negotiations with O'Shanter Resources, Inc., concerning needed repairs to their facility. Said repairs were due to damage caused by the animal shelter. Attached please find a proposal from O'Shanter Resources of which I recommend that the City settle said negotiations for the lump sum of $200,000. I have arranged with Administration & Finance that an amount will be forthcoming when said amount of funds are available. However, I question Item #2 and Item #4. In my experience with the City, payment generally can not be rendered this quickly and I would offer that Item #2 be changed to something similar to "The City shall move expeditiously to forward said payment". In regard to Item #4, only your Honorable Body can determine these dates and I suggest that the approving resolution, if adopted, set said dates. Mr. Pitts moved: That the Commissioner of Public Works and the Corporation Counsel be and hereby are authorized to settle the matter concerning the repairs to 1274 Niagara Street, the former City of Buffalo Animal Shelter, in the amount of $200,000 to O'Shanter Resources, Inc.. as a lump sum payment as expeditiously as reasonably possible. PASSED. AYES- 13 NOES- 0. No. 33 Report of Audit Item No. 22, C.C.P. 9/19/95 I have reviewed the Report of Audit that was filed with Your Honorable Body by the Comptroller. This audit pertains to the cost of the City's solid waste disposal. The cost of disposal accurately reflects the past contracts between the City and various vendors, and the results are acceptable to this department. If you have not already done so, I suggest that you ask for an opinion from the Commissioner of Street Sanitation regarding costs associated with pickup. REFERRED TO THE COMMITTEE ON FINANCE. No. 34 - Consolidate Service with City County Water Authority Item No. 87, C.C.P. 9/19/95 This office continues to work closely with the Erie County Water Authority to determine if any benefits exist to interconnecting our systems. Once we have a hydraulic model established, we will be able to learn much more about this situation. We plan on issuing a Request For Proposals for this model before the end of this year, and we will hopefully have a working model by July 1996. In the meantime we will continue discussions with Erie County Water Authority to see if any beneficial interconnections can be made prior to the model. REFERRED TO THE COMMITTEE ON FINANCE. No. 35 NFTA - Neg. Dec. - Small Boat Harbor Fish Cleaning Station Item No. 145, C.C.P. 9/5/95 Kindly be advised that the Department of Public Works has no involvement in said Item. If you have specific questions, kindly advise and my Department would be more than happy to study same. REFERRED TO THE COMMITTEE ON FINANCE. No. 36 City Hall Cafeteria I have received the attached request from Mariott Corporation requesting an increase in some prices charged in the City Hall Cafeteria. I have reviewed the changes and find them acceptable. I am respectfully requesting your Honorable Body's authorization to approve the new pricing structure. REFERRED TO THE REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. No. 37 Ordinance Amendment; Chapter 441 - Phone Facilities Item No. 169; C.C.P. 09/05/95 The Department Of Public works has reviewed the proposed ordinance amendment of Chapter 441 and has no objection to the context of same. However, it should be noted that C.C.P. No. 169 of September 5, 1995, Section 441-2 (I) refers to "an established from" which is incorrect and should read "an established form". REFERRED TO THE COMMITTEE ON LEGISLATION. No. 38 Certificate of Appointment Appointment Effective October 2, 1995 in the Department of Public Works Division of Water, Kenneth J. Rucinski, 115 Dempster Street, Buffalo, 14206 to the Position of Water Meter Mechanic Helper, Permanent, at the Maximum Starting Salary of $23,481. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 39 Certificate of Appointment Appointment Effective September 25, 1995 in the Department of Police Daniel P. Bohen, 156 McKinley Parkway, Buffalo, New York 14220, to the Position of Crime Analyst, Provisional, at the Maximum Starting Salary of $39,430. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CORPORATION COUNSEL No. 40 Crossroads Arena Project Attached is Requisition No. 10 relating to the Crossroads Arena Project. REFERRED \TO THE AUDITORIUM AND STADIUM TASK FORCE. No. 41 Mowing Private Lot Costs Item No. 218, C.C.P., 9/5/95 You have requested a response from the Law Department regarding the resolution seeking to increase the amount the City charges for mowing privately owned lots. The resolution also seeks an ordinance amendment to allow the City to factor in the costs of caring for a lot when the City computes the price it will use when it sells the property. Chapter 341 of the Code of the City of Buffalo (the "Code") authorizes the Commissioner of Street Sanitation to cut overgrown weeds, brush and grass on privately owned lots. It is within his discretion to engage a private contractor or to assign City personnel to do the work. The costs incurred are then charged to the property owner. Chapter 175 of the Code, which provides the fee for this work, states that the applicable fee is either $52.50 or the actual cost of the work. Under this fee structure, the City may charge the property owner whatever it actually costs the City to perform the work. This would include whatever costs are associated with the City performing the work itself. If the current billing policy only factors in the cost of physically performing the work, the billing policy may be changed to reflect additional indirect costs of the City. The City could adjust the manner in which it calculates the costs to the City. An ordinance amendment is not necessary to effectuate this change. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF STREET SANITATION No. 42 IWS Lease Authorization Item No. 157, C.C.P., 7/25/95 You have requested a response from the Law Department regarding the resolution to rescind the authorization granted to enter into a Lease Agreement with Integrated Waste Services, Inc. ("IWS") to lease the property located at South Park Avenue known as the Truscon Site (the "Lease Agreement"). The resolution seeks to rescind the authorization because IWS rejected the terms of the Lease Agreement as approved by the Common Council in Item No. 157, C.C.P., 7/25/95. Under contract law, an offer is rejected when a counteroffer is made. IWS made a counteroffer upon its submission of a memorandum dated August 24, 1995 to City Engineer David Jaros. The City has not made any formal action to accept the counteroffer from IWS. The authorization previously given by the Common Council may be rescinded because the City offer was rejected, IWS's counteroffer has not been accepted and the Lease Agreement has not been entered into. Passing the rescission resolution would clarify the City's position regarding the proposed Lease Agreement with I\VS. REFERRED TO THE COMMITTEE ON FINANCE. No. 43 Strawberry Island Upper Cut Rear Range Light License Agreement The United States Coast Guard maintains a light on Strawberry Island. The light serves as a navigational aid for boaters. The light has been there for many years. The United States Coast Guard would like to enter into a formal license agreement with the City of Buffalo regarding the placement of this light on Strawberry Island. I have enclosed a copy of the proposed agreement with the United States Coast Guard. The agreement provides that the Coast Guard will pay the City of Buffalo the sum of Five Hundred Dollars ($500.00) per year and will be responsible for maintenance, operation, replacement and repair of the light. The agreement is for one year and may be renewed annually for up to twenty (20) years. The agreement also provides that the City may terminate the agreement at any time on thirty (30) days written notice. The proposed agreement has been reviewed by the Division of Real Estate, the Public Works Department, the Parks Department and the Department of Administration and Finance. The agreement is acceptable to these departments. The Law Department respectfully requests that your Honorable Body authorize the Mayor to sign the proposed Strawberry Island Upper Cut Rear Range Light License Agreement. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 44 Conversion - Court Yard Mall Gambling Casino Item #213, C.C.P. 9/5/95 In response to your request I have forwarded the attached letter to Mr. Carl Paladino, General Manager, 10 Ellicott Square Corp., requesting clarification on the redevelopment plans of the Court Yard Mall. Upon receipt of comments, I will forward them to Your Honorable Body. REFERRED TO THE COMMITTEE ON FINANCE. No. 45 Request to Purchase 4 Broadway for $1.00-Manufacturing Item #142, C.C.P. 9/5/95 The above mentioned property is located in the Pratt-Willert Urban Renewal area which does "allow mixed-use where appropriate". However, the Department of Community Development would need to review site and building plans prior to mailing necessary building permits. Since the property is owned by City of Buffalo, the Division of Real Estate may have comments or recommendations concerning its sale or use. REFERRED TO THE COMMITTEE ON FINANCE. No. 46 Report of Informal Bids Niagara Street Tree Planting & Removals Virginia to Porter The Department of Community Development requested and received the following informal proposals on September 27, 1995, for "Niagara Street Tree Planting & Removals, Virginia to Porter": CONTRACTOR BASE BID DEDUCTUNITUNIT ALTERNATE ADD ADD/DEDUCT NO. 1 NO. 1 NO. 2 Gleason's Nursery, Inc. $7,223 $450 $199 $149 4780 Sheridan Drive Williamsville, New York 14221 Birch Grove Landscaping $8,228 $353 $730 $149 P.O. Box 117 East Aurora, New York 14052 Johnstone Landscape Serv. $12,680 $1,050 $400 $240 2508 Stony Point Road Grand Island, New York 14072 Laguerre Landscaping & Tree Removal No Bid 87 Madison Street Buffalo, New York 14206 Russell's Tree & Shrub Removal No Bid 9810 Transit Road East Amherst, New York 14051 Trumpler Landscape Corp. No Bid 5861 Seneca Street Elma, New York 14059 Deduct Alternate No. 1 was for the elimination of all tree removal work. Unit Add No. 1 was a cost for an extra tree that required concrete removal. Unit Add or Deduct No. 2 was the cost to add or eliminate a tree in a lawn area. The foregoing is a true and correct abstract of all bids received and Gleason's Nursery, Inc., 4780 Sheridan Drive, Williamsville, New York 14221 is the lowest responsible bidder. Funds for this work are available in C.P.A. 200-717-077. I, therefore recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work by Gleason's Nursery, Inc. in the base bid amount of $7,223. REFERRED TO THE COMMITTEE ON FINANCE. No. 47 Beneson Capital Co., Request to Expand an Existing Parking Lot - 345 Amherst Item No. 161, C.C.P., 9/5/95 The Division of Planning concurs with the City Planning Board's recommendation regarding the matter captioned above. As Your Honorable Body is aware, there has been a rash of incidents involving violations of approved restricted use permits. Moreover, many of these violations have occurred in coastal review areas where careful control over development is crucial. Given this, the Planning Board's recommendation to compel Tops to barricade the illegally created parking lot to prevent its use by their customers until the matter can be equitably resolved by all interested parties is prudent and timely. The Division, therefore, recommends that YourHonorable Body adopts this recommendation. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF STREETS No. 48 Salary Grade- Paul Larkin Laborer II Item No. 52, CCP, 9/19/95 On September 11, 1995, I appointed Paul A. Larkin, a permanent Laborer II in the Street Sanitation Department to the temporary position of Motor Equipment Mechanic, at the top of the salary grade for Motor Equipment Mechanic or $25,170. The reason I placed Mr. Larkin at the top of the grade was that Mr. Larkin had been a Motor Equipment Mechanic since 12/26/88. He remained in this position until 7/l/92, and because of the budget crunch, he was placed in a Laborer position in order to keep him on our payroll. During his years as Motor Equipment Mechanic, he had received the four increment steps associated with his title and drastically took a loss of pay when he was appointed to the Laborer class. He has continued to work with the mechanics, under his Laborer title, and this was the first time I was able to return him to his M.E.M. position. Upon filing Certificate of Appointment, the Audit Department notified me that I could not place him at the top of the grade, and I was instructed to place him at the first step, I do not feel this is justified, and I am requesting that the Council override the decision of the Audit Department. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 49 Certificate of Appointment Appointment Effective September 26, 1995 in the Department of Street Sanitation James E. Podkladek, 86 Ridgewood Road, Buffalo, New York 14220, to the Position of Equipment Operator, Permanent, at the Maximum Starting Salary of $25,665. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION No. 50 Monthly Report of Licenses Issued-August 1995 I am respectfully submitting the enclosed report of licenses issued in the month of August by the Division of Housing & Inspections/Licenses. RECEIVED AND FILED. No. 51 Transfer of Title, Urban Homestead Program 57 Oneida Lot Size: 25 x 116 The Department of Inspections and Community Revitalization has surveyed the city-owned lot at 57 Oneida Street; lot size 25 x 116; and it has been determined that the parcel of land is inappropriate for either construction or new housing or the construction of public recreation facilities. Mr. John , 55 Oneida indicated that he will clean, improve, and maintain the lot in the event that he obtain(s) title to the property under the Urban Homestead Program. A letter was sent to Joseph Urbanski of 1622 William St. the other adjacent property owner(s), giving them until March 30, 1995 to express interest in obtaining 57 Oneida Street under the Urban Homestead Program. We have received no response(s). We, therefore, recommend that the city-owned vacant lot be designated as a Homestead Property and be transferred to Mr. John Calhoun on the condition that the property is cleared and improved within six (6) months and the property is maintained in a sanitary manner for at least thirty-six (36) months. REFERRED TO THE COMMITTEE ON FINANCE. No. 52 Buffalo Neighborhood Revitalization Corp. Statement of Work, Revenue Sources & Budget - (1995-1996) Pursuant to Community Development Block Grant Rules and Regulations, Section 570.503 - Agreement with Sub-recipients, and a Master Administrative Agreement, as amended, between BURA and BNRC, the BNRC is hereby submitting for your review/authorization a Statement of Work Revenue Sources and Budget for its fiscal year August 1, 1995 to July 31, 1996 (see attached). Be advised that the Board of Directors of the BNRC approved the budget pursuant of the Corporate By-Laws. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 53 Downtown Special District Vending Site to be added to the 1995 List. Please add site D20 to the original list that was submitted on March 7, 1995. Attached is the completed list for the Downtown Special District Vending sites. Mr. Pitts moved: That the Commissioner of Neighborhoods, Housing and Inspections be and hereby is authorized to add site D20 to the 1995 Downtown Special District Vending Site list as submitted on March 7, 1995 and as described in the above attached item. PASSED AYES- 13 NOES- 0 No. 54 Billiard Parlor-1186 Hertel Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Billiard Parlor License located at 1186 Hertel and find that as to form it is correct. I have caused an investigation into the premises for which said application for a Billiard Parlor License 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 and their approvals are attached hereto for the Rail Beaters located at 1186 Hertel. This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 55 Report of Pre-Demolition Asbestos Removal for Various Properties Please be advised that Pre-Demolition Asbestos bid offers were solicited by our department on September 7, 1995 and that the contract will be awarded to the following lowest responsible bidder: ADDRESS AND OWNER CONTRACTOR/AMT. OF BID 135 Riley Georgian Bay Contracting Jack Crumpton and Ty Edwards $6,496.00 93 Hamlin Rd. Buffalo, NY Please be further advised that our department will solicit bids for the demolition of this building upon completion and acceptance of the removal of the asbestos. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE. No. 56 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 action 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 the ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on September 14, 1995 and the contract will be awarded to the following lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/ AMT. OF BID 266 Loepere Lebis Enterprises City of Buffalo $5,750.00 83 Townsend Eastwood Industries City of Buffalo $6,500.00 110 Locust Alternative Demolition City of Buffalo $6,140.00 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 26, 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 $5,750.00, relating to 266 Loepere; to Eastwood Industries at a cost of $6,500.00 relating to 83 Townsend; and to Alternative Demolition at a cost of $6,140. 00 relating to 110 Locust; are hereby confirmed, ratified and approved, with said cost to be charged against the Capital Outlay Account #100-241-085-00-900. PASSED. AYES- 13 NOES- 0 No. 57 Report of Emergency Demolition Bid 465 and 469 Riley Due to the very serious and hazardous condition of the fire-damaged buildings located at the above-stated addresses, Fire Commissioner Cornelius J. Keane requested that our department bid these properties 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 September 20, 1995 and that the contracts will be awarded to the lowest responsible bidder: ADDRESS AND OWNER CONTRACTOR/AMT. OF BID 465 Riley Eastwood Industries - Tillmus T. Drinks 4,300.00 465 Riley Buffalo, New York 469 Riley Eastwood Industries Zebedee Covington 5,600.00 469 Riley 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 26, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Eastwood Industries at a cost of $4,300.00, relating to 465 Riley, at a cost of $5,600.00, relating to 469 Riley, are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000002-00000, 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. 58 Report of Emergency Demolition Bid-808 Sycamore 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 September 13, 1995 and that the contract will be awarded to the lowest responsible bidder: ADDRESS AND OWNER CONTRACTOR/AMT. OF BID 808 Sycamore Young's Auto and House Wrecking Herman and Ella Jo Johnson $8,390.00 808 Sycamore 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 26, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to Young's Auto and House Wrecking at a cost of $8,390.00, relating to 808 Sycamore, 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. 59 Liquor License Applications Item #120, C.C.P. 9/5/95 In regards to Item #120, C.C.P. 9/5/95, applications for Restaurant, Music have been received for the Outback Inc., 153 Elmwood Avenue. Applications for Restaurant, Music and Coin Controlled Amusement Devices were mailed to Colleen Joy Krug dba C&R's Blue Haven Tavern, 2022 Genesee Street, Toons Saloon, Inc., 1255 Broadway, Mark Supples dba Tubby Supples Inc., 414 Pearl Street. Ahmed A. Mallahi, 1819 Genesee Street was billed for payment of a sign license. REFERRED TO THE COMMITTEE ON FINANCE. No. 60 Liquor License Buffalo Nickel Lounge, Inc., 454 Pearl St. C & R's Blue Haven Tavern, 2022 Genesee Golden Lion Restaurant, 1067 Broadway Bistro 16 Corp., Aka Manny's, 471 Delaware Item No. 119, C.C.P. July 25, 1995 With regard to the above subject requests please be advised of the following inspection results: Buffalo's Nickel Lounge, Inc.- 454 Pearl St.: Legal use has been established per card file and permit #B-03710 dated February 19, 1976. Minor aesthetic work, clean-up and painting are in progress; no permit required for this work. No outstanding letters of violation our court action pending at this time. Owner has applied for City of Buffalo Restaurant License. Property appears to be in substantial compliance. C & R's Blue Haven Tavern, 2022 Genesee: Legal use has been established per card file and building permit #RO-44828 dated September 9, 1947. Minor aesthetic work, clean-up and painting is in progress; no permit required for work. No outstanding letters of violation or court action pending. The new tenant has applied for city licenses. Minor exterior maintenance violations do exist however no action has been taken at this time. Golden Lion Restaurant, 1067 Broadway: Legal use has been established per card file and permit #B-05289 dated May 4, 1990. Interior and exterior appear to be in sub-compliance. Restaurant is currently open, operational and licensed by the city. District Inspector Pat Lonergan wrote the owner for court for failure to obtain Broadway/Fillmore Design Review Board Approval prior to making exterior alterations. Case has been adjourned until September 26, 1995. Bistro 16 Corp., aka Manny's 471 Delaware: Legal use as a restaurant/ supper club has been established per card file. Exterior of building is in substantial compliance. No entry for interior inspection was given at this time. A letter has been sent to the owner requesting an appointment to be scheduled. The computer shows no open building permits, no outstanding letters of violation or court action pending at this time. We trust this will satisfy your inquiry. Should you have any further questions please feel free to contact this office. REFERRED TO THE COMMITTEE ON FINANCE. No. 61 Certificate of Appointment Appointment Effective September 25, 1995 in the Department of Neighborhoods, Housing & Inspections, Division of Housing & Inspections, Ronald Sokolowski, 71 Ashley Street, Buffalo, NY 14212 to the Position of Building Inspector, Permanent, at the Intermediate Starting Salary of $35,019. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 62 Certificate of Appointment Appointment Effective September 25, 1995 in the Department of Neighborhoods, Housing & Inspections, Division of Housing & Inspections, Gene Fronczak, 84 South Pontiac,Buffalo, New York 14206, to the Position of Building Inspector, Permanent, at the Maximum Starting Salary of $36,305. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 63 Info. - Accept Gift in Lieu of Taxes - 541 Seneca (No. 90, C.C.P., 9/19/95) I am in receipt of your letter regarding the property located at 541 Seneca Street. Just prior to our meeting of August 24, you made me aware that you are the current owner of 541 Seneca. At that time, I advised you that, firstly, this property is listed on the City of Buffalo Foreclosure Sale scheduled for October 23. Secondly, there is approximately $71,000 owing in arrear taxes, interest, penalties and In-Rem fees. Lastly, it would cost more than $41,000 to have the property located at 541 Seneca removed from the In-Rem. You expressed several concerns including your inability to pay what is owing at this time, either in its entirety or partially. You also expressed a willingness to work with us. I suggested you forward us a letter which outlines your proposal to remit payment. As Referee for the In-Rem, I am not authorized to make a gift of City of Buffalo funds. Therefore, I have taken the liberty to forward your correspondence to the City Clerk, Charles Michaux, requesting that the Common Council take whatever action they deem necessary. I trust this complies with your request. However, if you have any questions feel free to contact me. REFERRED TO THE COMMITTEE ON FINANCE. No. 64 Integrated Waste Serv.-Lease Truscon Site Item No.225 C.C.P. 9/19/95 I am in support of the proposed redesignation and would support the Council's rescinding of the lease agreement with IWS. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 65 Proposed Work Flow System -Housing Court Fines Item No. 19 C.C.P. 9/19/95 I am in support of the system established for monitoring housing court fines. At present, the City has no means for auditing the amount of fines that are due to it from activity in the City Court building. The proposal will allow the City to calculate the exact dollar amount, to compare it with the funds received and to initiate collections efforts where necessary to ensure payment. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 66 Result Neg. - Comer Elmwood and Virginia Item No.21 C.C.P. 9/19/95 I am in support of this item and recommend that your Honorable Body approve the purchase contract as soon as possible. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 67 W.Schwan-Loc. 282 Purchase Vehicles with HUD Funds Item No.91 C.C.P. 9/19/95 I continue to feel, as I expressed in my earlier communication to your Honorable Body, that the situation demands quick action and that the solution taken by the Administration is the right one. With respect to Mr. Schwan's issues about the number of trucks now in operation and the length of the ladders, I have followed the direction of the Fire Commissioner, who in my mind is the authority on these matters. I would defer any further discussion to Commissioner Keane. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 68 Monies Found in Drawer Item No. 14 C.C.P. 9/19/95 As the Comptroller mentioned in his communication, an organizing meeting was held to give all departments that handle cash the opportunity to respond to the proposed centralization of payments. Several areas expressed concern about going to a complete centralization (at least in the near term), among them the City Clerk's office and the Civil Service Commission. Other areas, though, felt that the change would be fairly easy to accomplish and an improvement. Among these were Licenses and Permits and the Fire Department. We agreed at the meeting to proceed with changing the collection of fees in these areas so that all money was handled by the Treasury. I believe that the change with respect to Licenses and Permits will rectify what was clearly an unacceptable situation. Once we have succeeded with them, we can proceed to look at others. I am in full support of controlling the handling of cash as long as the public is not inconvenienced; in any event, any City function that is handling cash should be following all basic controls as established by the Comptroller and to deposit cash on a timely basis. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 69 D. Zuchlewski-Complaint-Question of Residency-CS Appt Item No.93 C.C.P. 9/19/95 I am in receipt of the letter that Councilmember Zuchlewski received anonymously and have referred it both to the Civil Service Commission and the Parking Violations Bureau. The employee in question has consistently maintained that she lives in the City; as a result of the information received by the Council, though, the Commission will be investigating this claim. I would defer any further action until the conclusion of the Commission's work. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 70 Maintain C.S. List During Hiring Freeze No.212 C.C.P. September 5, 1995. I have been asked by Council member LoTempio to respond to the above referenced resolution. On November 10, 1994 Commissioner Hassett forwarded to your honorable body the Department of Administration and Finance's General Fund Gap Sheet for the first quarter of City Fiscal Year 1994-95. In that communication Commissioner Hassett described the Mayor's plan for addressing the gap. one element of that plan called for "a hiring freeze on all but revenue producing and overtime generating positions." Council member LoTempio is now seeking information on those job titles that were affected by the freeze in order to permit the Civil Service Commission to extend Civil Service lists for those affected titles. As was stated above, the freeze applied to those positions that did not produce revenue and/or generate overtime. Consequently, requests for Personnel Requisition numbers to fill positions were evaluated on a case-by-case basis. That is to say, technically no job titles were frozen, only positions that neither produced revenue nor generated overtime were frozen. It is quite possible that a position of the same title was filled in one department and not in another. For this reason it is difficult to produce a list of frozen titles that should be extended to accomplish the intent of Council member LoTempio's resolution. The only way to produce a list that comes close to approximating what the Council member desires is to compare the list of titles that were submitted for Personnel Requisition numbers during the freeze period (11/10/94 through 6/30/95) to the list of titles that were granted Personnel Requisition numbers; the difference between these lists would approximate a list of frozen titles. Such a list is attached. It should be noted however, that this list could be perceived as discriminatory in at least two ways. First, individuals on lists from which appointments were made could have been denied an appointment because the opening for which they would have been eligible was in a department/division where it was not deemed necessary to fill the position because it neither reduced overtime and/or generated revenue. Second, titles that appear on this list may not have been filled within the time frame of the freeze because the Personnel Requisition may have been received toward the end of the period, thus not allowing sufficient time for the requisition to be processed. In the first instance, a list may not be extended when in fact it should be in order to comply with the intent of the resolution. In the second instance, a list may be extended when it should not be under the intent of the resolution. Finally, it is important to identify one additional shortcoming of the list. That is, there exists the possibility that a department head may not have filed a Personnel Requisition to fill a position knowing that a hiring freeze had been imposed by the Mayor. In this case the title would not appear on the attached list when the Civil Service list for the title should be extended since this situation would be in-line with the intent of the resolution. *TITLES NOT PROCESSED 11/10/94 - 6/30/95 Assistant Engineer Combustion Inspector Associate Account Clerk Junior Engineer Machine Operator Clerk Art Program Aide Heavy Equipment Operator Sr. Account Clerk Stenographer Sr. Account Clerk Mason Jr. Buyer Superintendent Automotive Supplies * Certified Civil Service Lists may or may not exist for these titles. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION No. 71 Certificate of Appointment Appointment effective September 25,1995 in the Department of Human Services, Division of Parks, Andrew Biondo, 338 Breckenbridge, Buffalo 14213, to the Position of Park Utility Worker, Temporary, at the Intermediate Starting Salary of $24,251. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 72 Certificate of Appointment Appointment Effective September 25, 1995 in the Department of Human Services, Parks & Recreation, Division of Substance Abuse Services, Sylvia G. Whittaker, 238 Merrimac, Buffalo 14214, to the Position of Counselor III, Temporary, at the Intermediate Starting Salary of $24,896. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 73 Certificate of Appointment Appointment Effective September 27, 1995 in the Department of Human Services, Parks & Recreation, Division of Substance Abuse Services, Willie E. Johnson, 202 East Amherst St., Buffalo 14214, to the Position of Counselor III, Temporary, at the maximum Starting Salary of $26,483. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CIVIL SERVICE COMMISSION No. 74 D. Zuchlewski-Complaint-Residency C.S. Appt. Item No. 93, CCP, 9/19/95 The Civil Service Commission is in receipt of correspondence relative to the above subject matter and has directed staff to investigate. The Commissioner tabled this item pending staff's report. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BOARD OF EDUCATION No. 75 Elimination Of Bus Passes Item No. 201, CCP, 9/5/95 The Board of Education was faced with many difficult decisions including the layoff or elimination of computer teachers, teacher aides, guidance counselors, attendance teachers, administrators and the elimination of bus passes for students between 1.5 and 2.0 miles. Each and every decision was very troubling, however, they had to be made to balance the budget. The number of children affected by this change is between 1600 and 1800, and the projected savings are between $750,000 and $800,000. Transiency and other factors make it extremely difficult to pinpoint an exact number in the first month. Please note that the Board of Education's $4,975,000 Supplemental Budget Request to the Mayor includes restoring the items mentioned above. RECEIVED AND FILED. No. 76 Uniforms in Buffalo Public Schools Item #202 C.C.P. 9/05/95 The dress code issue is an item which is currently in the Board of Education's Executive Committee and it will be thoroughly reviewed by the Committee and staff. Common Council Members are welcome to attend the Executive Committee meetings to lend their input on this issue. The Board will inform the Council Members as to the date of the meeting regarding dress code. In closing, I find it important to point out that the third Whereas should read: The schools do provide a clean, orderly and organized environment conducive to discipline and learning, etc., etc. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. FROM THE CITY CLERK No. 77 Mayor Reported Out of State I transmit herewith a communication received by me from the Mayor, reporting his absence from the state from Thursday, September 28th, from 8:00 a.m. until Friday, September 29th, 1995 at 11:00 a.m. RECEIVED AND FILED. No. 78 Disposition of City Records The following departments have requested to dispose of City Records as indicated on the attached forms. Based on the information provided I have authorized the disposition of these records in my capacity as City Records Management Officer Insp. & Comm. Revitalization Street Sanitation RECEIVED AND FILED. No.79 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 320 Pearl St. Cell Block Cell Block, Inc. 718 Elmwood Too taste Too Taste, Inc. 1341 Kensington The Stop Inn Deborah Wiggins REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF NEIGHBORHOODS, HOUSING, AND INSPECTIONS. No. 80 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller- Daniel Bohen Public Works- James Jones, Jr. Police- Mary May, Mary Hanley, Kathleen DiSarno, Debra Hornberger Street Sanitation-Anthony Gallo, Jr.., Nicholas Tomasulo, Paul Sullivan, Paul Larkin Human Services, Parks & Rec. - Andrew Biondo RECEIVED AND FILED. No. 81 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: City Planning Board Emergency Medical Services Board RECEIVED AND FILED. No. 82 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 9/19/95 in the Department of Common Council, Lou Ann Loubert 906 Prospect Ave. Buffalo, NY 14213, to the Position of Intern III, Seasonal, at the Flat Starting Salary of $5.00 hr. Appointment Effective September 22, 1995 in the Department of Common Council to the Position of Intern III, Seasonal,at the Flat Starting Salary of $5.00 hr. Katherine Orlando, 105 14th St., Buffalo 14213 Dana M. Taibbi, 757 Prospect Ave., Buffalo,14213 No. 83 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 17, 1995 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, Dale F. Senn, 63 Cushing Ave., Buffalo, 14220 to the Position of Laborer II, seasonal, at the Flat Starting Salary of $6.92. DEPARTMENT OF ASSESSMENT Appointment Effective September 21, 1995 in the Department of Assessment, Warren Galloway, 364 Norfolk Ave #2, Buffalo NY 14215, to the Position of Clerk, Seasonal, at the Flat Starting Salary of $5.20/ Hour. DEPARTMENT OF STREET SANITATION Appointment Effective September 15, 1995 in the Department of Street Sanitation Department, Michael J. Stachoski, 57 Fredro, Buffalo, New York 14206 to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr. Appointment Effective September 18, 1995 in the Department of Street Sanitation, Samuel J. Manganello, 460 Rhode Island Street, Buffalo, New York 14213, to the Position of Laborer II, Seasonal, at the Flat Starting Salary of: $6.92 hr. Appointment Effective September 26, 1995 in the Department of Street Sanitation, Oliver W. Lowe, 103 Welker, Buffalo, New York 14208, to the Position of Laborer II Seasonal, at the Flat Starting Salary of $6.92 hr. DEPARTMENT OF ADMINISTRATION & FINANCE Appointment Effective September 25,1995 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. Shirley A, Montgomery, 347 Northumberland, Buffalo 14215 Margaret M. Otto, 328 Southside Parkway, Buffalo 14210 Appointment effective 9/28/95 in the Department Of Administration and Finance, Division of Parking Enforcement, Joseph A. Provenzano, Jr., 335 Potomac Avenue, Buffalo 14213, to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22 hr. DEPARTMENT OF HUMAN SERVICES Appointment effective September 25,1995 in the Department of Human Services, Division of Recreation, Vincent McCarthy, 26 Sunset, Buffalo 14207 to the Position of Laborer II, Seasonal at the Flat Starting Salary of $6.92 hr. Appointment effective September 25,1995 in the Department of Human Services, Division Of Recreation, Sue Cannan, 178 Fenton, Buffalo 14206, to the Position of Fee Collector, Seasonal, at the Flat Starting Salary of $4.94 hr. Appointment effective September 25,1995 in the Department of Human Services, Division of Recreation, Michael Metz, 179 Fenton, Buffalo 14206, to the Position of Lifeguard, seasonal, at the Flat Starting Salary of $ 5.20 hr. Appointment effective September 25,1995 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. Regina Barrett, 5 Riverview Place, Buffalo 14210 Igor Chell,40 LaForce, Buffalo 14209 No. 84 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF PUBLIC WORKS Appointment Effective October 2, 1995 in the Department of Public Works, Division of Water, Jody J. DiPalma, 333 Norwalk Avenue, Buffalo, 14216 to the Position of Maintenance Assistant, Temporary, at the Minimum Starting Salary of $23,210. DEPARTMENT OF POLICE Appointment Effective September 15, 1995 in the Department of Police, to the Position of Police Officer, Permanent, at the Minimum Starting Salary of $ 30,860. George W. Morlock, 711 Hopkins Street, Buffalo, NY 14220 Mary E. Hanley, 163 Hinman Avenue, Buffalo, New York 14216 Karen M. Quinn, 294 Holly Street, Buffalo, New York 14206 David K. Daniels, 32 East End Avenue, Buffalo, New York 14225 Cedric Littlejohn, 1255 East Ferry Street, Buffalo, NY 14216 Dell W. Storey, 163 Sanders Road - #5, Buffalo, NY 14216 John Williams, 35 Phelps, Buffalo, New York 14214 Efrain Colon, Jr., 1966 Delaware Avenue-#5, Buffalo, NY 14216 Lance R. Russo, 152 Gorton Street, Buffalo, New York 14207 Kevin M. Kennedy, 582 Dorrance Avenue, Buffalo, NY 14218 Ronald J. Clark Jr., 314-15th Street, Buffalo, New York 14213 Pamela L. Mayer, 184 Aldrich Place, Buffalo, New York 14220 Paul M. Lomasney, 632 Norfolk Avenue, Buffalo, NY 14215 Debra A. Hornberger, 320 Downing Street, Buffalo, NY 14220 Emmanuel P. Powell, 38 Northampton St., Buffalo, NY 14209 James D. Hosking, 157 Mariemont Avenue, Buffalo, NY 14220 Anthony J. LaPiana, 530 Linden Avenue, Buffalo, NY 14216 Kathleen M. DiSarno, 48 Folger Street, Buffalo, NY 14220 Frank Dixon, 396 Walden Avenue, Buffalo, New York 14211 Theresa M. Morgan, 26 Culver Road, Buffalo, New York 14220 Patrick M. McDonald, 22 Payson Street, Buffalo, NY 14220 Steven K. Erickson, 35 McLellan Circle, Buffalo, NY 14220 Melissa G. Perez, 242 Dodge Street, Buffalo, New York 14208 Antoinette M. Garbacz, 19 Hirschbeck, Buffalo, New York 14212 Patrick J. Crowley, 20 Narragansett Road, Buffalo, NY 14220 Paul K. Mullen, 180 McKinley Parkway, Buffalo, NY 14220 Mary A. May, 288 McKinley Parkway, Buffalo, New York 14220 Joseph E. Allgood, 297 West Utica Street, Buffalo, NY 14222 Thomas P. English, 84 Woodside Avenue, Buffalo, NY 14220 Steven M. Clark, 230 Keystone Street, Buffalo, New York 14211 James A. Shields, 17 Wisconsin Place, Buffalo, New York 14211 John A. Petricca, 1016 Tifft Street, Buffalo, New York 14220 James C. O'Donnell, 24 Frank Avenue, Buffalo, New York 14210 Appointment Effective September 19, 1995 in the Department of Police, Joseph Paolucci, 100 Bame Avenue, Buffalo, New York 14215, to the Position of Police Officer, Permanent, at the Minimum Starting Salary of $30,860. DEPARTMENT OF NEIGHBORHOODS, HOUSING & INSPECTIONS Appointment Effective September 25, 1995 in the Department of Neighborhoods, Housing & Inspections, Division of Housing & Inspections, to the Position of Building Inspector, Permanent, at the Minimum Starting Salary of $31,179. Charles DiSalvo, 33 North Park Avenue, Buffalo, NY 14216 Robert Felschow, 241 O'Connell St., Buffalo, NY 14210 Kevin Gould, 15 Red Jacket Parkway, Buffalo, New York 14220 Michael O'Neill, 365 Abby Street, Buffalo, New York 14220 William Mara, 499 Bird Avenue, Buffalo, New York 14222 Michael Friona, 115 Woodward, Buffalo, NY 14214 Dwain Laws, 72 Schreck Avenue, Buffalo, NY 14215 Vincent Ferraraccio, 257 Ludington, Buffalo, NY 14206 DEPARTMENT OF HUMAN SERVICE, PARKS & RECREATION Appointment effective October 2,1995 in the Department of Human Services, Division of Parks, David Norris, 52 Euclid, Buffalo 14210, to the Position of Laborer II, Temporary, at the Minimum Starting Salary of $9.85 hr. DEPARTMENT OF ADMINISTRATION & FINANCE. Appointment Effective September 25, 1995 in the Department of Administration and Finance, Division of Parking Enforcement, Lisa Kane, 416 Jersey Street, Buffalo 14213 to the Position of Junior Traffic Clerk, Provisional,at the minimum Starting Salary of $20,215. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 85 Result Neg. - 544 Broadway BEDC Ownership Neighborhood Commercial Land Bank Item #20 C.C.P. 9/19/95 The Buffalo Enterprise Development Corporation does not own and does not have a current interest in the property located at 544 Broadway. It is not included in the Neighborhood Commercial Land Bank. REFERRED TO THE COMMITTEE ON FINANCE. No. 86 BFLO./FT. ERIE BRIDGE AUTHORITY Construction Permits Ammex Duty Free Item #200,CCP-9/5/95 We have received your request for comments and/or recommendations regarding the above referenced item. Our records in this regard are quite extensive and will require some time to fully review. We expect to complete this review prior to the Legislation Committee meeting on September 26, 1995 and we will provide our comments and/or recommendations at the Committee meeting. REFERRED TO THE COMMITTEE ON FINANCE. No. 87 BFLO. PHILHARMONIC ORCHESTRA Restructuring Initiative The purpose of this memorandum is to provide the Common Council with background concerning the financial and operational restructuring which has occurred within the BPO in recent weeks to put into full context on the need for the requested Council action. In order to open the 1995-96 season the BPO needed to secure approximately $450,000 in new cash flow financing. Given the financial condition of the BPO, area financial institutions were reluctant to extend financing to the BPO absent certain conditions. The main conditions established to secure financing were as follows: 1. The BPO creating a 1994-95 operating budget totaling no more than $5,614,000.00, a reduction of approximately $500,000,00 from the 1994-95 budget. 2. Elimination and/or restructuring of certain BPO balance sheet indebtedness which cumulatively totals $3, 300,000. 3. The development of a marketing plan. 4. The retention of a new Executive Director 5. The development of a five (5) year business plan which assures financial stability, 6. Clarification of the BPO status in Kleinhan's Music Hall. In order to meet the conditions by BPO lenders the BPO has taken the following action: 1. Collective Bargaining Agreement - The BPO has entered into a one year collective bargaining agreement with the musicians which reduced the size of the season from 37 to 32 weeks, reduces musician's compensation from $790.00 a week to $720.00 a week, eliminates vacation pay, freezes pension plan contributions and caps the size of the orchestra at 72 musicians, (down from 80), for the 1995-96 season. The new collective bargaining agreement allows the BPO to meet the $5,614,000 operations budget. 2. Forgiveness of Indebtedness - The BPO has negotiated Forgiveness of approximately $800,000 in accumulated indebtedness. This sum has been forgiven by area banks, foundations and other lenders, 3. Restructuring of Indebtedness - The BPO has negotiated restructuring of approximately $1,100,000 indebtedness from an interest beating demand note to a non interest bearing term note. Additionally, the lender has agreed that a percentage of the sums repaid by the BPO will be granted back to the BPO for its endorsement, 4. Market Research Study - In September, the BPO retained Marketing Decisions, Inc. to conduct a market research study. The results of this study are due in October, 1995. 5. Five Year Business Plan - The BPO has developed a five (5) year financial plan which is undergoing review. Completion of the review is scheduled in October 1995, 6. Executive Director Search - The BPO is committed to retain a quality Executive Director who has industry experience. The search process is beginning and a consultant will be retained to assist the search. 7. Corporate Sales Tax Initiative - The BPO Board of Directors is committed to raising $200,000 in new revenue through a corporate ticket tax initiative. Of this sum approximately $115,000 has already been pledged or raised, 8. Kleinhans Rental Arrangement - For 1995-96 the BPO will pay $1.00 in rent to Kleinhans- thereby saving approximately $173,000 in rental income. 9. BPO Long Term Lease During the 1995-96 season the BPO is prepared to enter into a long term lease relationship with Kleinhans Music Management, Inc. which will contain a "non-relocation" clause. 10. Shea's Initiative - During the 1995-96 season, Kleinhans Music Management, Inc. will enter into an agreement with Shea's to manage and market the Kleinhans facility. To date the BPO has received $150,000 in cash flow financing with another $300,000 scheduled for release in October and is contingent upon complete implementation of the entire plan. The BPO needs the appropriate action of the Buffalo Common Council by October 2, 1995. REFERRED TO THE COMMITTEE ON FINANCE. No. 88 R. DiVito Complaint - Lack of Rodent Control I am writing as a concerned resident of Buffalo's lower west side. Daily we are faced with much frustration: garbage, empty (vulnerable) houses, vacant lots, drugs, noise and crime in the midst of children and law abiding citizens. Recently the neighborhood encountered yet one more thing about which to be anxious. The presence of rats and lots of them! I have tried to remedy the situation. In July I made my first calls going through proper channels, i.e. Rodent Control and the Health Department. Then our councilmen's office and the Streets Department, and lastly the Mayor's office. My neighbor and the pastor of my church, Rev. Tony Rigoli also made calls. In the course of this action I came to discover that there was only one exterminator for the whole city working on a very small budget. Today, September 8th, Frank Poincelot (a most cooperative and understanding man) came to my home and inspected and treated the area. It took 8 weeks and the efforts of Leonard Sciolino from Carl Perla's office, and Janet from the Mayor's office to bring the exterminator to our area. I find it appalling that a city of this size has a one man department for such a health and safety hazard. I recommend, as do my neighbors, that your office try to fund this department properly, by reallocation and not by raising taxes. All areas of the city should at least be free from the disease bearing rodents, which now appear to be running roost in epidemic proportion. This issue is of extreme importance to the safety of all who make their homes in Buffalo and remain committed to preserving her dignity. RECEIVED AND FILED. No. 89 KLEINHANS MUSIC HALL MANAGEMENT, INC. Amendment of By-Laws At the request of Mayor Masiello, the Board of Directors of Kleinhans Music Hall Management, Inc. has considered a proposal to amend Article 11 Section I of the By-Laws of Kleinhans Music Hall Management, Inc. by increasing the number of directors of the corporation from nine (9) directors to as many as fifteen (I 5) directors. At the Board of Directors' regularly scheduled meeting on September 21, 1995 a majority of the entire membership of the Board of Directors voted to amend Article 11 of the By-Laws ("Board of Directors") as follows: Section 1. Number. The Board of Directors shall be composed of not less than nine (9) directors nor more than fifteen (15) directors, all of whom shall be of full age, and at least one of whom shall be a citizen of the United States and a resident of the State of New York. [underlined language is new]. This By-Laws amendment is specifically subject to approval by your honorable body pursuant to Article VIII of the By-Laws ("Amendments") which reads as follows: "These by-laws may be altered, amended, or repealed and new by-laws may be adopted by the members at any annual or special meeting by a majority vote of the entire membership or by the board of directors at any regular or special meeting by a majority vote of the whole board; provided, however, that the board of directors shall not make, alter, amend, or repeal any by-law regulating an impending election of directors and provided that neither the members nor the board of directors shall amend, alter, or repeal any of the provisions of Section I of Article I or of Sections 1, 3 or 6 of Article II except with the consent of the City of Buffalo given by its Common Council." Therefore, on behalf of the Board of Directors of Kleinhans Music Hall Management, Inc., I respectfully submit this By-Laws Amendment to your honorable body and request that you approve and ratify the amendment so that it has an effective date of September 27, 1995, the date of the Board's adoption of the amendment. We would appreciate if your honorable body would give this matter immediate consideration at your regularly scheduled meeting on October 3, 1995. Mr. Pitts moved: That the communication from Kleinhans Music Hall Management, Inc., dated September 27, 1995, be received and filed; and That the amendment to Article 11 Section I of the By-Laws of Kleinhans Music Hall Management, Inc. by increasing the number of directors of the corporation from nine (9) directors to as many as fifteen (15) directors, be approved and ratified. ADOPTED. No. 90 J. MAZZA Vacation Pay Counselor III-Division of Substance Abuse I am requesting reimbursement for Vacation time earned prior to my exempt appointment to Deputy Director in the Division of Substance Abuse Services on July 29, 1992. This time was earned while being employed as a Counselor III with Local 650 benefits. Labor Relations has informed me that this Vacation time was not banked at the time of appointment. Therefore, I must now submit a claim requesting payment of this time earned. The amount of Vacation pay is $1,997.78 The breakdown is as follows: Counselor III daily rate $ 92.92 (as of 7/28/92) Vacation time banked x 21.50 (21 days 4 hours) Total Vacation Pay $1,997.78 Attached please find: 1. Attendance record showing Vacation time at time of appointment. 2 Payroll time report showing daily rate for Counselor III position. Your consideration and cooperation is greatly appreciated. REFERRED TO THE COMMITTEE ON CLAIMS. No. 91 O'SHANTER RESOURCES, INC Info-Damages at 1274 Niagara St. My firm is willing to settle the matter of the damage done to our building at 1274 Niagara Street by the city of Buffalo animal shelter tenancy under the following terms and conditions: 1. The city of Buffalo shall pay O'Shanter Resources, a lump sum of $200,000.00 (U.S.) as full and final settlement of O'Shanter Resources' claim. 2. This sum shall be paid no later than October 15, 1995. This offer to settle shall be withdrawn if payment is not received by October 15, 1995. 3. The city of Buffalo acknowledges in agreeing to this arrangement that the sum of $200,000.00 (U.S.) is not an adequate sum money to carry out the repairs caused by the city of Buffalo and thus the former Animal Shelter premises will be left vacant without the repairs being done until such time as a new tenant has been found. The city officials will not require the necessary repairs to be carried out until a user for the space has bee identified. 4. The parties to this agreement shall exchange full and final releases as to their obligations relating to this matter. 5. We understand this matter is on the agenda for the October 3, 1995 council meeting. This officer is open for acceptance until October 4, 1995 and we insist that we have a response indicating Council's disposition of the matter by that date. RECEIVED AND FILED. No. 92 ROSWELL PARK Minority Participation Modernization Program Enclosed please find information regarding minority participation statistics and a current project progress overview. If you have any questions about this report do not hesitate to call our office. Thank you. RECEIVED AND FILED. No. 93 SENTRY PARKING, INC Participation in Bidding City Parking Concessions Congratulations on your recent primary victory in seeking the Presidency of the Common Council. I am sure the City of Buffalo will continue to benefit from your leadership and commitment to fostering economic development in this much expanded position. You may recall that we met in your office on July 12, 1995, regarding Sentry Parking, Inc.'s future participation in bidding on cityowned parking concessions. I appreciated the time you spent with me in my endeavor to provide service to the city. Pursuant to our conversation, the city's corporation counsel was to be queried about what steps could be taken to allow Sentry the opportunity to operate for the City of Buffalo. To date, I have received no further information relative to this matter. I realize how busy you have been with the primary, but I would appreciate knowing what has been determined to this point. Sentry Parking, Inc. is willing and able to participate in cityowned parking concessions. We have the ability to secure all necessary bonds and have been highly competitive in the past. This is a situation that will benefit us, of course, but the city also receives the benefit of having more than one major parking operator in the immediate area. I will telephone your office within a few days and hopefully speak with you once more regarding this issue. Please feel free to contact me personally at (716) 898-5024 in the interim. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE BOARD OF PARKING. No. 94 TCI OF NEW YORK Franchise Agreement Enclosed is a copy of the franchise agreement between the city of Buffalo and TCI of New York.. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 95 TRINITY EPISCOPAL CHURCH Request-Hang Banner-Delaware Ave. I am writing on behalf of the Trinity White Elephant Sale and am seeking permission to hang a banner across Delaware Avenue advertising the event. It is our intention to hang a banner across Delaware Avenue in front of the Trinity Episcopal Church located at 371 Delaware Avenue from October 21st through November 11th, 1995. At the next Common Council meeting, would you kindly issue a resolution granting permission for the installation of said banner, and forward the same to my office? We are familiar with the banner requirements and will purchase the necessary bond before the banner will be hung. Please contact me should you have any questions. Thank you. Mr. Pitts moved: That the communication from Susan A. Williams, representing Trinity Episcopal Church, dated September 21, 1995, be received and filed; and That Trinity Episcopal Church be, and the same hereby are granted permission to hang a banner across Delaware Avenue, from October 21 through November 11, 1995; for their White Elephant Sale, with conditions as determined by the Department of Public Works. PASSED. AYES- 13 NOES- 0 PETITIONS No. 96 Pizza Hut, owner, to Use 2137 Seneca St. for a Sit-in Restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 97 Scott & Maryann Whitbeck, owners, Petition to Use 1744 Hertel for a Sit-in Restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 98 Frank Burgio, tenant, Petition to Use 1264 Hertel for a Sit-in Restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 99 V. Dinkins & O - Favor demolition 72 Peach St. and donation of lots to the Board of Education for use by Futures Academy. REFERRED TO THE COMMITTEE ON FINANCE. No. 100 A. Brooker & O - Parking Problems at 352 and 354 Franklin St. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 101 F. Fabozzi & O - Complaints regarding prostitutes, noise and trash cans at 300 Carolina. REFERRED TO THE COMMITTEE ON LEGISLATION THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS, AND THE COMMISSIONER OF POLICE. REGULAR COMMITTEES CIVIL SERVICE HON. ROSEMARIE LOTEMPIO CHAIRMAN No. 102 Automatic Extension of Police Contract (Item # 106 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 103 PBA - Automatic Extension of Police Contract (Item # 135 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 104 Appoint Director of Division of Planning (Item # 61 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 105 Memorandum of Agreement - Salary Upgrade Water Service Inspector, Local 264 AFSCME, AFL-CIO (Item No. 98, C.C.P., Sept. 5, 1995) That the Memorandum of Agreement upgrading the classification of Water Service Inspector from salary grade 10B to salary grade 15B as listed in the current Collective Bargaining Agreement, effective January 1, 1995, be approved and ratified. PASSED. AYES- 13 NOES- 0 No. 106 Appointment Director of Substance Abuse Services (Item # 103 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 107 Auto Allowance - Eric Schmarder (Item No. 119, C.C.P., Sept. 5, 1995) That Automobile Allowance reimbursement be granted to Mr. Eric Schmarder, an Engineering Aide in the Division of Engineering, pursuant to Local 650 A.F.S.C.M.E., AFL-CIO Agreement. ADOPTED. No. 108 Auto allowance - E. Schmarder (Item # 45 CCP September 19, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 109 J. Mazza - Acting Pay - Deputy Director Substance Abuse (Item # 144 CCP September 5, 1995) That the above mentioned Item be and the same is hereby referred to the Claims committee. ADOPTED No. 110 Acting Pay - J. Mazza (Item # 71 CCP September 19, 1995) That the above mentioned Item be and the same is hereby referred to the Claims Committee. ADOPTED No. 111 Salary Ordinance Amendment 210 - Department of Fire 013 - Support Services 021 - Administrative Services (Item No. 206, C.C.P., Sept. 5, 1995) That the Salary Ordinance Amendment as contained in Item No. 206, C. C. P.,September 5, 1995, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0 No. 112 Appointment Data Processing Equipment Operator That Communication No. 23 September 19, 1995 be received and filed and the permanent appointment of Janet Reyes stated above at the intermediate salary $25,369.00 effective on August 24, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 113 Appointment Plumber That Communication No. 34 September 19, 1995 be received and filed and the temporary appointment of Nicholas Macri stated above at the maximum salary $26,793.00 effective on September 4, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 114 Appointment Account Clerk Typist That Communication No. 35 September 19, 1995 be received and filed and the permanent appointment of Michelle Scibetta stated above at the intermediate salary $21,732.00 effective on September 4, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 115 Appointment Communication Specialist That Communication No. 37 September 19, 1995 be received and filed and the provisional appointment of James Balys stated above at the intermediate salary $25,537.00 effective on August 14, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 116 Appointment Motor Equipment Mechanic That Communication No. 52 September 19, 1995 be received and filed and the temporary appointment of Paul Larkin stated above at the intermediate salary $25,170.00 effective on September 11, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 117 Appointment Heavy Equipment Operator That Communication No. 53 September 19, 1995 be received and filed and the temporary appointment of Anthony Gallo, Jr. stated above at the maximum salary $26,793.00 effective on September 11, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 118 Appointment Stenographer That Communication No. 75 September 19, 1995 be received and filed and the temporary appointment of Cynthia Rose stated above at the intermediate salary $22,368.00 effective on September 15, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 119 Appointment Laborer II That Communication No. 77 September 19, 1995 be received and filed and the permanent appointment of Linda Andersen stated above at the maximum salary $11.20 per hour effective on September 11, 1995 is hereby approved. PASSED. AYES- 13 NOES- 0 No. 120 Notice of Appointments - Temp./Prov./Perm. (Item # 83 CCP September 19, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 121 Salary Ordinance Amendment 21-0 Department of Fire (Item No. 231, C.C.P., Sept. 19, 1995) That the Salary Ordinance Amendment as contained in Item No. 23 1, C. C. P., September 19, 1995, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0 No. 122 Salary Ordinance Amendment 06 - Department of Administration and Finance 4 - Parking Enforcement 022 - Parking Violations Bureau (Item No. 232, C.C.P., Sept. 19, 1995) That the Salary Ordinance Amendment as contained in Item No. 232, C.C.P., September 19, 1995, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0 No. 123 Salary Ordinance Amendment 20-1 Department of Police (Item No. 233, C.C.P., Sept. 19, 1995) That the Salary Ordinance Amendment as contained in Item No. 233, C.C.P., September 19, 1995, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0 No. 124 Salary Ordinance Amendment Enterprise Fund - Water 98-0 Department of Water (Item No. 234, C.C.P., Sept. 19, 1995) That the Salary Ordinance Amendment as contained in Item No. 234, C. C. P., September 19, 1995, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0 FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 125 Transfer funds - Front Park/WS Comm. Serv. (Item # 171 CCP June 13, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 126 Front Park Ice Rink Cap. B.F. Acct. (Item # 21 CCP June 27, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 127 Primera Iglesia Metodista Unida - Cancel Demolition Cost 244 Prospect (Item No. 77, C. C. P., May 30, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the above item be and the same is hereby received and filed. ADOPTED. No. 128 Financial statements - Enterprise Fd.-Stadium (Item # 32 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 129 Recycling Education (Item # 58 CCP June 27, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 130 Prt. Recycling Contract (Item #41 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 131 Req. Update - Prop. Sale Pkg. Ramps (Item # 66 CCP July 11, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 132 Waive Conflict of Interest - B. Slominski (Item # 12 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 133 Valley Community Center Day Care (Item No. 63, C.C.P., July 25, 1995) That this Common Council rescinds the designation of the Department of Public Works as the project coordinator and consents to the designation of the Department of Community Development as the project coordinator for the Valley Community Center Day Care. ADOPTED. No. 134 Contracts-Krehbiel Assoc. & DiDonato (Item # 78 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 135 Buffalo Society of Natural Sciences - Parking Lot (Item No. 127, C.C.P., July 25, 1995) That the above item be and the same is hereby recommitted to the Committee on Finance. ADOPTED. No. 136 Abandonment and Sale of Fulton Street (Item No. 129, C.C.P., July 25, 1995) That the above item be and the same is hereby received and filed. ADOPTED. No. 137 Prop. Pkg. Lot Tracy/Johnson (Item # 48 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 138 D. Carr & 0 - Demolition 72 Peach/Donate to Bd. Ed. (Item # 140 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 139 D. Carr-Demo. 72 Peach/Give to Bd. Ed. (Item # 92 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 140 Info. - 72 Peach (Item # 41 CCP September 19, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 141 Transfer Title 649 Woodlawn (Item # 163 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 142 Transfer Title 649 Woodlawn (Item # 164 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 143 Contract for Modern Landfill (Item No. 244, C.C.P., July 25, 1995) That the Common Council requests the Corporation Counsel to provide an opinion as to whether Modern Landfill has filed any false statements concerning affidavits with bid documents before a final contract is signed; and That the Corporation Counsel determine whether all of the requirements of the plea agreement with Modern Landfill have been met. ADOPTED. No. 144 Contract for Modern Landfill (Item # 59 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 145 Transfer of Funds - Division of Buildings (Item No. 5, 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 and reappropriated from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items, is hereby reappropriated as set forth in the above item. PASSED. AYES- 13 NOES- 0 No. 146 Lease - 493 Michigan Avenue (Item No. 9, C.C.P., Sept. 5, 1995) That the Comptroller be, and hereby is authorized to renew the lease between the City of Buffalo and Mr. Larry Hawkins, Inc. for the lease of 493 Michigan Avenue, for a two year period with an option to buy for Eight Thousand Dollars ($8,000.00); and that the Corporation Counsel be, authorized to prepare the necessary documents for said lease and that the Mayor be authorized to execute the same. PASSED. AYES- 13 NOES- 0 No. 147 Tax Cancellation 1995-96 (Item No. 25, C.C.P., Sept. 5, 1995) That the Comptroller be, and hereby is authorized to prepare a check to be drawn on 81-2 General City Charges, 000-00-802 Tax Adjustment Fund, in favor of the City for the taxes indicated on the list as contained in the above-mentioned item, in the amount of $67,072.78. PASSED. AYES- 13 NOES- 0 No. 148 Permission to Hire Architect/Engineer War Memorial Field House Design (Item No. 64, C.C.P., Sept. 5, 1995) That the Commissioner of Community Development be, and he hereby is authorized to engage the services of a Architectural/Engineering firm for design and construction administration of a field house at the War Memorial Stadium. Funds available at this time consist of approximately $850,000 in City Bonds and a $2,000,000 HUD Special Purpose Grant. PASSED. AYES- 13 NOES- 0 No. 149 Increase Seizure Charges (Item No. 69, C.C.P., Sept. 5, 1995) That the above item be and the same is hereby received and filed. ADOPTED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, WILLIAMS, ZUCHLEWSKI- 12 NOES- PITTS- 1 No. 150 Dog Seizure Fees (Item # 39 CCP September 19, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 151 Increase Dog Seizure Fees (Item # 67 CCP September 19, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No 152 Solicitation of Funds Outreach Shelter for the Homeless, Inc. (Item No. 78, C.C.P., Sept. 5, 1995) That the Commissioner of Neighborhoods, Housing and Inspections be, and hereby is authorized to grant an exemption to Outreach Shelter for the Homeless, Inc. to solicit funds in the City of Buffalo area from August 17, 1995 to September 17, 1995, pursuant to Chapter 316, Article VI of the Code of the City of Buffalo. PASSED. AYES- 13 NOES- 0 No. 153 Sol. Fds. - Outreach (Item # 40 CCP September 19, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 154 Reimbursement of Golf Pass (Item # 104 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 155 Golf Pass Refund Item # 42 CCP September 19, 1995) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 156 Refund Golf Pass (Item #68 CCP September 19, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 157 Adv. Machinery - Offer to purchase 413 E. Delavan (Item # 127 CCP September 5, 1995) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 158 Reply - Offer Purchase 413 E. Delavan (Item # 15 CCP September 19, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 159 P. Green - Buy Back 2570 Bailey for Taxes Owed (Item # 138 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 160 Response P. Green buy back 2570 Bailey (Item #16 CCP September 19, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 161 Cancellation of Grass Cutting Assessment 154 Woodlawn Avenue (Item No. 140, C.C.P., Sep. 5, 1995) That the Common Council approves the cancellation of grass cutting charges in the amount of $100.00 for 1994 and 1995 at 154 Woodlawn Avenue. That the Common Council requests the Commissioner of Assessment to remove the charge from the assessment roll and the Commissioner of Street Sanitation to correct his records to indicate the cancellation of this charge. PASSED. AYES- 13 NOES- 0 No. 162 Roswell Park - Minority Participation - Modern. Program (Item # 151 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 163 Review Police Vet. Holiday Program (Item # 122 CCP September 19, 1995) That the above mentioned Item be and the same is hereby referred to the Civil Service Committee. ADOPTED. No. 164 Review Police Vet. Holiday Program (Item # 123 CCP September 19, 1995) That the above mentioned Item be and the same is hereby referred to the Civil Service Committee. ADOPTED. No. 165 Result Negotiations - 188 Madison (Item # 154 CCP September 19, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 166 Ellicott Dev. Co. - offer to purchase 188 Madison (Item # 176 CCP September 19, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 167 Results of Negotiations - 1363 Sycamore (Item No. 14, C.C.P., Sept. 5, 1995) (Item No. 159, C.C.P., Sept. 19, 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. 168 Downtown Parking Meter Rates (Item No. 214, C.C.P., Sep. 5, 1995) That this Common Council hold a public hearing on parking meter rates prior to the implementation of any rate increases; and That a Downtown Parking Task Force be established comprised of representatives of the downtown business community, the Board of Parking, Buffalo Civic Auto Ramps, Alright Parking, the Council, and the administration; and That this task force be requested to develop a comprehensive strategy for downtown parking that will coordinate on-street and off-street parking in the central business district. ADOPTED. No. 169 Change in Contract - Massachusetts Pumping Station (Item No. 25, C.C.P., Sept. 19, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1 to John W. Danforth Company, changes resulting in a net decrease in the amount of $53,483.00, as more fully described in the above communication, for work relating to Massachusetts Avenue Pumping Station Upgrades - Contract IG, General Construction, City Contract No. 91795400. Funds to be credited to the Division of Water's 416-982-012-00-000. PASSED. AYES- 13 NOES- 0 No. 170 Permission to Hire a Consultant to Address Flagged Conditions (Item No. 30, C.C.P., Sept. 19, 1995) That the Commissioner of Public Works be, and he hereby is authorized 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. This will be a 12-18 month contract, not to exceed $100,000.00; and the funds for this project are available in the Division of Engineering Account No. 200-401-023. Mr. Collins moved that the above item be recommitted to the Committee on Finance. ADOPTED. No. 171 Request Stop Sign Deerfield (Item # 31 CCP September 19, 1995) That the above mentioned Item be and the same is hereby received and filed. Mr. Collins moved that the above item be recommitted to the Committee on Finance. ADOPTED. No. 172 Liquor License Application (Item # 119 CCP July 25, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12 NOES- ARTHUR * * Mr. Arthur voted in the negative on Item Nos. 172 through No. 180 No. 173 Liquor License Application (Item # 27 CCP September 5, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 174 Liquor license (7/25) Item # 51 CCP September 5, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 175 Liquor License (7/25) (Item # 65 CCP September 19, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 176 Liquor License 3250 Bailey (Item # 93 CCP September 5, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 177 Liquor License (6/27) (Item # 94 CCP September 5, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 178 Liquor License Applications (Item # 120 CCP September 5, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 179 Liquor License (9/5) (Item # 28 CCP September 19, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 180 Liquor License Application (Item # 78 CCP September 19, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 181 William Blather - Petition to use 2480 Delaware - Pole Sign (Item No. 94, C.C.P., Sept. 19, 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 to the Committee on Legislation. ADOPTED. No. 182 Canisius College - Petition to use 2021 Main Street - Ground Sign (Item No. 154, C.C.P., Sept. 5, 1995) That after a public hearing before the Committee on Legislation on September 12, 1995, the petition of Canisius College, owner, for permission to use 2021 Main Street for a ground sign be, and hereby is approved. PASSED. AYES- 13 NOES- 0 No. 183 Dominick Caroselli - Petition to Use 930-932 Elmwood Avenue - Sit-in Restaurant (Item No. 155, C.C.P., Sept. 5, 1995) That after a public hearing before the Committee on Legislation on September 25, 1995, the petition of Dominick Caroselli, for permission to use 932 Elmwood Avenue for a sit-in restaurant be, and hereby is approved with the following conditions: 1. No liquor will be served without Common Council approval. 2. A single strip of blue neon will be placed on the Elmwood Avenue and Delavan Avenue side. 3. A stockade fence will be erected along the rear property line. 4. A dumpster will be placed close to the building and away from the rear property line. 5. Any conditions set by the Planning Board 6. Landscaping shall conform as shown on the site plan dated September 5, 1995, revised September 27, 1995. PASSED. AYES- 13 NOES- 0 No. 184 Use 932 Elmwood (Item # 6 CCP September 19, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 185 Use 395 Main Street (Item # 7 CCP September 19, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 186 Use 500 Bailey (Item # 8 CCP June 13, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 187 Grace McGroder - Petition to use 1005 Elmwood - Sit-in Restaurant and Store Item No. 125, C.C.P., June 27, 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 denied. ADOPTED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, WILLIAMS, ZUCHLEWSKI- 12 NOES- PITTS- 1 No. 188 Use 1005 Elmwood (Item # 6 CCP July 11, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 189 Amend City Ordinance Section 511-88, Temporary Dwellings (Item No. 163, C.C.P., June 13, 1995) That this Common Council recognizes that the spirit of City Ordinance Section 511-88, Temporary Dwellings, has been violated by some property owners and requests that the Corporation Counsel prepare an amendment to that ordinance deleting the six-month provision and any other ambiguous language, which presently allows the storage of recreational vehicles on the owner's premises without benefit of cover; and That City Ordinance Section 511-93, Storage of Motor Vehicles, be amended to comply with the amendments put forth in Section 511-88. ADOPTED. No. 190 Info- Implement Bureau of Administration Adjudication (Item # 1.07 CCP July 25, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 191 Appointment of Member to the Buffalo Sewer Authority (Item No. 2, C.C.P., Sept. 5, 1995) That the appointment of John D. Kennedy, 27 Arundel Road, Buffalo, New York 14216 as a member of the Buffalo Sewer Authority for a term expiring June 30, 1997, be, and hereby is confirmed. ADOPTED. No. 192 Kay Block Club - Complaints - Speeding Vehicles (Item # 36 CCP September 19, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 193 Ordinance Amendment Chapter 511 - Zoning (Item No. 203, C.C.P., Sept. 5, 1995) That the Ordinance Amendment as contained in Item No. 203, C.C.P.,September 5, 1995, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0 No. 194 City Parking Rates (Item # 8 CCP September 19, 1995) That the above mentioned Item be and the same is hereby referred to the Finance Committee. ADOPTED. No. 195 Meeting Minutes (Item # 9 CCP September 19, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 196 Encroach Handicap Ramp - 25 West Utica Street (Item No. 32, C.C.P., Sept. 19, 1995) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Frank Falkowski of the Western New York Veterans Housing Administration, located at 25 West Utica Street, to install a handicap ramp 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 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 ($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 ramp. PASSED. AYES- 13 NOES- 0 No. 197 Restaurant/Dancing Class III - 282 Amherst (Item No. 55, C.C.P., Sept. 19, 1995) That pursuant to Chapter 150 of the Ordinances of the City of Buffalo, the Director of Neighborhoods, Housing and Inspections be, and he hereby is authorized to issue a Restaurant/Dancing Class III License to Majorie L. Solazzo, proprietor of Casa Bianco at 282 Amherst, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0 No. 198 911 Calls (Item # 224 CCP September 19, 1995) That the above mentioned Item be and the same is hereby referred to the Special Committee on Police Reorganization. ADOPTED. 199 Hearing - 911 Calls (Item # 229 CCP September 19, 1995) That the above mentioned Item be and the same is hereby referred to the Special Committee on Police Reorganization. ADOPTED. No. 200 Hearing - 911 Calls (Item # 236 CCP September 19, 1995) That the above mentioned Item be and the same is hereby referred to the Special Committee on Police Reorganization. ADOPTED. No. 201 Notification Serial #8533 Install Alternate Parking - Type 11 Pine Street between Broadway and William Street (Item No. 28, C.C.P., Sept. 5, 1995) (Item No. 194, C.C.P., Sept. 19, 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 is hereby received and filed. ADOPTED. ECONOMIC DEVELOPMENT HON. CARL A. PERLA JR. CHAIRMAN No. 202 BEDC - 95-96 Budget (Item # 133 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 203 N.Y. S. Department of Economic Development Boundary Amendment for the Buffalo Economic Development Zone (Item No. 148, C.C.P., Sep. 5, 1995) That this Common Council approves the amendment, effective August 7, 1995, to the boundary description for the Buffalo Economic Development Zone, as more fully described in the above-mentioned item. PASSED. AYES- 13 NOES- 0 No. 204 Allendale Theater Phase III EQBA 203 Allen Street - SEQR Negative Declaration (Item No. 47, C.C.P., Sep. 19, 1995) That a Negative Declaration for the above-referenced project is hereby filed in accordance with Section 617.10 (a) (2) of the New York State Environmental Quality Review Act. PASSED. AYES- BELL, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 10 NOES- ARTHUR, COLLINS, COPPOLA- 3 RESOLUTIONS No. 205 By: Mr. Arthur and Mr. Collins Trailblazing Signage for Sheridan Avenue as "Mt. Olive Way" Whereas: A request has been presented to the Common Council proposing the renaming of Sheridan Avenue in the City of Buffalo to "Mt. Olive Way"; and Whereas: Residents of Sheridan Avenue, both in favor of this proposal or opposed to it, have appeared before the Common Council at a public hearing stating support or opposition to the proposed renaming; and Whereas: Those in favor of the renaming of the street propose it as a tribute to the Mt. Olive Baptist Church, while those opposing do not want to be burdened by the inconveniences associated with a street name change; and Whereas: To prevent any controversy and hard feelings in the community, a compromise must be reached which will satisfy all parties; Whereas: One compromise to the situation would be to designate the street as Mt. Olive Way without formally changing the name of Sheridan Avenue. This can be accomplished by installing trailblazing signs above existing Sheridan Avenue signage; Now, Therefore, Be It Resolved: That the Common Council request the Department of Public Works to install trailblazing signs that read "Mt. Olive Way" above existing Sheridan Avenue signage. PASSED. AYES- 13 NOES- 0 No. 206 By: Mr. Collins Capital Budget Amendment Addition to Capital Program 1995-96 That pursuant to section 359 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 1995-96 be and the same is hereby amended by adding the following item under the heading: 200 Capital Projects Construction of New Firehouse $1,800,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 207 By: Mr. Collins Increased Appropriation North AmeriCare Park - Reserve for Replacements North AmeriCare Park - Building Repairs & Alterations That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - North AmeriCare Park be and the same hereby is increased in the sum of $23,685. That, the comptroller be and hereby is authorized and directed to transfer the sum of $23,685 from 420-899-002 - Reserve for Replacements to meet this increased appropriation as set forth below: To: 420 Enterprise Fund 61 - Stadium and Auditorium 1 - North AmeriCare Park 031 - Operation and Maintenance 560 - Building Repairs & Alterations $23,685 PASSED. AYES- 13 NOES- 0. No. 208 By: Mr. Coppola Permission for Banner - Community Unity Day Whereas: The National Conference of Christians & Jews is celebrating Community Unity Day on October 22, 1995, to bring together all segments of our cultural and ethnic communities, suburbanites as well as city dwellers; and Whereas: This event will take place in the Elmwood Museum District between 12:30 and 5:00 PM, and is sponsored by The National Conference in cooperation with Albright Knox Art Gallery, The Burchfield-Penney Art Center, The Buffalo and Erie County Historical Society, Buffalo State College, Erie Community College, University at Buffalo, D'Youville College, Western New York Schools and the West Side Business & Taxpayers' Association; and Whereas: The organizers would like permission to hang a banner advertising this worthwhile event across Elmwood Avenue at the West Delavan intersection in a location deemed suitable by the Department of Public Works. Now Therefore Be It Resolved that This Common Council grants permission to the organizers of Community Unity Day, to be held on October 22, 1995, to hang a banner across Elmwood Avenue at the West Delavan intersection in a location deemed suitable by the Department of Public works providing the banner meets all requirements of all pertinent city departments and violates no existing laws or ordinances. PASSED. AYES- 13 NOES- 0 No. 209 By: Mr. Coppola Request Unions Update Regarding Health Care Coverage Whereas: It would be beneficial for this Common Council to be updated on health care coverage alternatives being explored by city unions as a means of helping the city save money. Now Therefore Be It Resolved that The City Clerk send a certified copy of this resolution to all union officials with a request that this Common Council be updated on health care coverage alternatives being explored as a means of helping the city save money. ADOPTED. No. 210 By: Mr. Coppola Request Information from Assessment Whereas: In response to Resolution No. 194, March 21, 1995, Report Results of Assessment Grievances, the Department of Assessment provided this Common Council with the results of this year's grievance process for both residential and commercial properties; and Whereas: A further response from the Department of Assessment, item No. 15, May 2, 1995, reported reductions to bank assessments made this year and Whereas: As noted in the Wholly Exempt Books in the Assessors Office, several banks have taken advantage of Erie County Industrial Development Agency's incentive program, which allows them a tax-exempt status for developing in the city as long as the title of the bank includes ECIDA; and Whereas: While, commercial development certainly should be encouraged because we need to increase our tax base, this incentive should not be applied to corporate entities such as local banks as they have incentive enough to develop because of consumer demand; and Whereas: One local bank, which has been listed in the Wholly Exempt Books since at least 1987 had been assessed for $25 million but had its assessment lowered to $23 Million, yet receives the 100% exemption and Whereas: The City of Buffalo's incentive for homeowners who make improvements on their property consists of increasing their taxes, i.e. restoring a dilapidated garage increases one's assessment by at least $5,000 while demolishing the same structure reduces that same assessment by only $500 and Whereas: It appears that homeowners in the City of Buffalo have been subsidizing the banks rather than the ECIDA or the City. Now Therefore Be It Resolved that This Common Council requests that the Department of Assessment submit a list of every bank located within the city limits that has taken advantage of an exempt status whether it be through the ECIDA or the City, itself, from 1987 through the current year. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY. No. 211 By: Mr. Coppola Memorialize NYS Legislature - Create Sales Tax-Free Zone in Downtown Buffalo Whereas: Downtown Buffalo is in need of revitalization due to the loss of business to the malls and suburbs; and Whereas: It might be beneficial to create a sales tax-free zone in Downtown Buffalo to encourage businesses to establish locations in the downtown area already defined by Buffalo Place boundaries. Now Therefore Be It Resolved that This Common Council requests that the New York State Legislature permit the City of Buffalo to create a sales tax-free zone by waiving any sales tax collected in the downtown area already defined by Buffalo Place boundaries. ADOPTED. AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, PERLA, WILLIAMS, ZUCHLEWSKI- 10 NOES- LOCKWOOD, LOTEMPIO, PITTS- 3 No. 212 By: Mr. Coppola Status of News Stand at Hertel and Delaware Whereas: The management of the news stand located on the city right-of-way on Hertel Avenue at Delaware has been operating for several months at this location without a written agreement detailing rent and insurance coverage; and Whereas: As of this date, neither the Department of Public Works or Law Department have been successful in getting a response from the management, and Whereas: The news stand was closed temporarily during a narcotics investigation involving an area priest and the stand management; and Whereas: The city is losing revenue and has no proof of proper insurance to hold it harmless in case of injury or damage. Now Therefore Be It Resolved that This Common Council requests that the Department of Public Works and Corporation Counsel obtain a contract within ten days detailing the rental agreement and insurance coverage for the news stand located on the city right-of-way on Hertel Avenue at Delaware or begin eviction proceedings. REFERRED TO COMMITTEE ON FINANCE, CORPORATION COUNSEL AND COMMISSIONER OF PUBLIC WORKS. No. 213 By: Messrs. Coppola, Zuchlewski, Helfer and Mrs. Williams Permission Erect Banners for the 1995 Annual X Ball at Networks Night Club Whereas: Mr. Don D'Angelo, designer and host of the 1995 Annual X Ball, wishes to hang 7 banners at 7 different locations, located on Hertel, Elmwood, Main, W. Chippewa Streets and Niagara Square, which will read "The X Ball."; and Whereas: The banners will be hung on Hertel Ave. light standards numbered 1556. Elmwood Ave. light standards numbered 554 and 1015. Main St. light standards numbered 3168 across to 3175. W. Chippewa number 42 and in Niagara Square light standards numbered 9 across to 63 and 3 across to 34. The banners will be hung immediately upon this Councils approval, until the day after the Ball which is Sunday, November 5, 1995; and Whereas: An insurance policy, naming D'Angelo Design the insured in the amount of one million dollars will be furnished prior to installation and will be in effect for the period the banners are hanging; and Now Therefore Be It Resolved That: Design be granted permission to hang said banners at the aforementioned locations, for the time period stated, upon satisfaction of conditions set forth by the Department of Public Works. Mr. Zuchlewski made a motion to delete 1015 Elmwood Avenue from the locations in which to erect a banner for the 1995 Annual X Ball. Seconded by Mrs. LoTempio. PASSED. AYES- 13 NOES- 0 No. 214 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. Francine Benedict Claim for loss of garbage can at 1796 William St. $12.00 2. Ramona L. Chandler Claim for refund of Peddler's License #3123 which was issued in error. $63.00 3. Carl G. Eddy Claim for loss of three (3) garbage cans at 27 Churchill Street. $30.00 4. David and Cheryl Gilbert P/N/G of Chadra W. Gilbert Claim for personal belongings missing from the check desk at Schiller Park Swimming Pool. $49.00 5. Hanes Supply, Inc. Claim for payment of prior fiscal year Invoice #104726 for services rendered to the City of Buffalo for a crimping tool on December 1, 1994. $40.00 6. Anthony Russo Claim for personal effects and cash missing from Police Headquarters after arrest $45.00 7. Samuel Sciria Claim for damage to hubcap when PVB wrongfully booted valid handicapped vehicle parked on Franklin Street across from the Convention Center. $51.25 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES- 13 NOES- 0 No. 215 By: Ms. Lockwood Request Corporation Counsel To Prepare Greenway System Ordinance Whereas: At its meeting of July 25, 1995, this Common Council adopted the Greenway System report ( #85 C.C.P., April 18, 1995) that was prepared by the Council's Greenway Task Force; and Whereas: This report included a draft ordinance amendment that would set in place the legal framework for the Greenway System; Now, Therefore, Be It Resolved That: This Common Council requests the Corporation Counsel to review the draft ordinance amendment included in the Greenway Task Force report, amend it so that it can be approved as to form and legal content, and file the resulting ordinance amendment with the Council. ADOPTED. No. 216 By: Mrs. LoTempio SALARY ORDINANCE AMENDMENT 06 - Department of Administration and Finance 4 - Parking Enforcement 13 - Parking Meters and Enforcement and 06 - Department of Administration and Finance 2 - Administrative adjudication 001 - Administrative Services 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 062-001 Department of Administration and Finance - Administrative Adjudication - Administrative Services and 064-013 Department of Administration and Finance - Parking Enforcement - Parking Meters and Enforcement, which reads: 064-013 1 Coordinator of Administrative Adjudication $31,715 is hereby amended to read: 062-001 1 Director of Administrative Adjudication $53,248 062-001 1 Asst. Dir. of Administrative Adjudicaation $31,864 - $37,229 We, Eva Hassett, Commissioner of Administration and Finance and James B. Milroy, Director of the Budget, hereby certify that the elimination of one (1) Coordinator of Administrative Adjudication from the Division of Parking Enforcement and the addition of one (1) Director of Administrative Adjudication and one (1) Assistant Director of Administrative Adjudication to the Division of Administrative Adjudication 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. Eva M. Hassett Commissioner of Administration and Finance James B. Milroy Director of the Budget Approved as to Form Edward D. Peace Corporation Counsel Mr. Pitts moved to approve the above item. Seconded by Mrs. LoTempio. LOST AYES - COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS - 8 NOES - ARTHUR, BELL, COLLINS, WILLIAMS, ZUCHLEWSKI - 5 Mr. Zuchlewski made a motion to reconsider said item, strike the immediate passage clause, and refer this item to the Committee on Civil Service ADOPTED No. 217 By: Mrs. LoTempio Salary Ordinance Amendment 70 - Department of Street Sanitation 0 - Streets 032 - Building & Fleet Maintenance The Common Council of the City of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to 70-0-032 Department of Street Sanitation - Streets- Building & Fleet Maintenance is hereby amended by adding thereto: 2 Welders $23,260 - $26,231 It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Vincent J. LoVallo, Commissioner of Street Sanitation and James B. Milroy, Director of the Budget, hereby certify that the addition of two Welder to Building & Fleet Maintenance in the Department of Street Sanitation 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 PASSED. AYES- 13 NOES- 0 No. 218 By: Mr. Perla Buffalo Philharmonic Orchestra Whereas: The City of Buffalo on May 3, 1993 pursuant to the provisions of Item No. 20 CCP created authorization for the City of Buffalo to implement a 5% surcharge on the sale of tickets in City owned facilities including Kleinhan's Music Hall, and Whereas: Kleinhans Music Management, Inc. as lessee of Kleinhans Music Hall is responsible directly or through its agents for the collection and remittance to the City of Buffalo of the ticket surcharge on events held at Kleinhans Music Management, Inc.; and Whereas: The City of Buffalo has a substantial investment in tile restoration of Kleinhans Music Hall; and Whereas: The City of Buffalo has an interest in the continued operation of the Buffalo Philharmonic Orchestra the principal tenant of the facility; and Whereas: The Buffalo Philharmonic Orchestra has and continues to experience financial difficulties and is in the process of restructuring its operations to ensure its financial stability; and Whereas: The City of Buffalo desires to assist the Buffalo Philharmonic Orchestra in order to assure its long term financial stability. Now Therefore Be It Resolved ThatKleinhans Music Management, Inc. shall not be required to remit to the City of Buffalo certain ticket tax surcharge proceeds totaling approximately One Hundred Twenty-Two Thousand ($122,000.00) Dollars collected prior to the 1995-96 City of Buffalo fiscal year. Be It Further Resolved That The Buffalo Philharmonic Orchestra Society, Inc. shall be entitled to retain said ticket tax surcharge proceeds totaling approximately One Hundred Twenty-Two Thousand ($122,000.00) Dollars collected prior to 1995-96 City of Buffalo fiscal year, such funds to be utilized for general operating assistance. Finally Be It Resolved That The utilization of such funds shall be contingent upon the development of a Buffalo Philharmonic Orchestra restructuring initiative to be submitted to the Common Council. REFERRED TO THE COMMITTEE ON FINANCE. No. 219 By: Mr. Pitts Establish Task Force on "Living Wage" Whereas: There are many people throughout our community, and in fact, throughout the nation, who are among a group classified as the 'working poor' because they simply do not earn enough to make ends meet; and Whereas: Many of these people are minimum wage earners in part time or temporary positions. They are in a difficult, "Catch 22" position -- they earn enough to be ineligible for many public assistance programs, but not enough to be self sufficient. In fact, the motivation to work may be diminished because the potential standard of living may be better as a recipient of public assistance. It has been estimated that "compensation" for welfare recipients approximates $7.00 per hour, while those working in minimum and low wage jobs earn between $4.50 and $6.00 per hour; and Whereas: As one attempt to remedy this problem, some communities, including Baltimore, Maryland, have initiated programs whereby employees of companies having service and professional contracts with the city are paid a "living wage", that is, an hourly rate which would enable the employee to earn enough to exceed poverty level income. This "living wage" hourly rate is established by local legislation and differs from the federally established minimum wage and from 'prevailing wage' clauses in contracts; and Whereas: While there is no doubt that there are costs associated with the "living wage" program, the benefits include a work force with less turnover, increased morale and self esteem among workers, more money flowing in to the local economy, and a reduction in social service expenditures. Additionally, preliminary analysis of the Baltimore 'living wage' legislation indicates that even though the provision is limited to city contracts, the private sector wage levels are increasing as a result of competition in the marketplace; and Whereas: Exploration of a "living wage" program for the City of Buffalo is a worthwhile endeavor; Now, Therefore, Be It Resolved: That this Common Council establish a task force to study the issue of a "living wage" program /legislation in the City of Buffalo; and Be It Further Resolved: That this task force include representatives from the following: Area Labor Unions Department of Administration and Finance Common Council Corporation Counsel The Coalition for Economic Justice. ADOPTED. No. 220 By: Mr. Pitts Permission To Erect Banners-1995 Girl Scout Cookie Sale Whereas: The Girl Scout Council of Buffalo and Erie County would like to publicize their 1995 Girl Scout Cookie Sale by placing several banners in the Buffalo area, and; Whereas: The organizers are seeking permission to erect a banner at Delaware Avenue and Gates Circle, at Niagara Square, at Elmwood Avenue and Bidwell Street, at Hertel and Colvin Avenues and at Main and Leroy Streets, and; Whereas: The organizers anticipate hanging these banners (35' 1/2" tall and 19'8" Across) on or about October 1, and remove them no later than November 15, and; Now, Therefore Be It Resolved That: This Common Council grant permission to the Girl Scouts of Buffalo and Erie County to advertise their 1995 Girl Scout Cookie Sale by erecting a banner at Delaware and Gates Circle, at Niagara Square, at Elmwood Avenue and Bidwell Street, at Hertel and Colvin Avenues and Main and Leroy Streets, provided the banners meet all pertinent city departments and violate no existing laws or ordinances. Mr. Zuchlewski made a motion to delete the corner of Elmwood and Bidwell from the locations to erect banners from the 1995 Girl Scout Cookie Sale. Seconded by Mr. Czajka. PASSED. AYES- 13 NOES- 0 No. 221 By: Mr. Pitts State Grant-In-Aid For Household Hazardous Waste Collection Program Resolution authorizing the filing of an application and entering into a State Contract for a State Grant-In-Aid for Household Hazardous Waste Collection Programs, under the appropriate Laws of New York State. Whereas, Chapter 610 of the Laws of 1993 provides State assistance for Local Government Household Hazardous Waste Collection Programs; and Whereas, the City of Buffalo, hereinafter called the MUNICIPALITY, has examined and duly considered Chapter 610 of the Laws of 1993 of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws; and Whereas, it is necessary that a contract by and between the New York State Department of Environmental Conservation, hereinafter called the DEPARTMENT, and the MUNICIPALITY be executed for such State assistance; Now, Therefore, Be It Resolved By the Common Council of the City of Buffalo: 1 . That the filing of an application in the form required by the State of New York and in conformity with Chapter 610 of the Laws of 1993 and rules and regulations promulgated thereunder is hereby authorized, including all understandings and assurances contained in said application. 2. That the Commissioner of Public Works is hereby directed and authorized as the official representative of the MUNICIPALITY to sign said application, to provide to the DEPARTMENT such information as may be required and to sign the resulting contract, if said application is approved by the DEPARTMENT. 3. That the MUNICIPALITY agrees that it will fund its portion of the cost of said Household Hazardous Waste Collection Program. 4. That one certified original and four (4) copies of this Resolution be prepared and sent to the DIRECTOR, DIVISION OF SOLID & HAZARDOUS MATERIALS, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, 50 WOLF ROAD, ALBANY, NEW YORK 12233-7250, accompanied by one original and two copies of the complete grant application package. 5. That this Resolution shall take effect immediately. PASSED. AYES- 13 NOES- 0 No. 222 By: Mr. Pitts One-Month Extension For TCI Whereas: Earlier this year negotiations between the City of Buffalo and TCI of New York reached a stalemate on re-franchising discussions due to the cable company's reluctance to negotiate in good faith; and Whereas: Among the key unresolved issues were Public, Educational, and Governmental Access funding, the development of an institutional network, and the re-establishment of a senior citizen discount; and Whereas: In April, this Council voted to authorize the Corporation Counsel to initiate termination proceedings against TCI if there was no agreement on a new franchise agreement by the end of September 1995 (Res. 219, C.C.P. April 8, 1995); and Whereas: On September 28, 1995 the Council's Special CATV Committee held a public hearing to discuss the impasse in negotiations, and among those in attendance was William Finneran, the Chairman of the New York State Commission on Cable Television; and Whereas: During the hearing, Chairman Finneran requested that the deadline for an agreement be extended for one more month, during which time he would personally take an active role to help finalize the re-franchising; and Whereas: There was general consensus that the deadline should be extended to the end of October 1995, and that if there is no agreement by that time then the City would move to terminate its contractual relationship with TCI of New York. Now, Therefore Be It Resolved: That this Common Council extends the deadline for TCI of New York to reach an agreement for a new franchise agreement with the City of Buffalo to October 3 1, 1995; and Be It Further Resolved: That if there is not agreement by that time, the Corporation Counsel be authorized to terminate TCI's contract with the City of Buffalo. ADOPTED. No. 223 By: Mr. Zuchlewski Request Information on Curfew Whereas: The Common Council passed a curfew ordinance which went into effect January 1, 1994; and Whereas: The ordinance contains a sunset clause which provides the Council with the option of renewing the legislation or allowing it to expire at the end of the stated period; and Whereas: The sunset provision of this ordinance has already been amended by this body, extending the curfew until January 1, 1996; and Whereas: When the curfew was renewed for the additional year, there was very little information for the Council to review since the ordinance had only been enforced for a portion of its first year; and Whereas: Before this body decides on whether the curfew should be extended, it needs to review the effectiveness of the current ordinance by reviewing statistics and reports for the past 1 1/2 years; Now, Therefore, Be It Resolved: That the Common Council request the Commissioner of Police to file a report of all statistical information relating to the curfew ordinance including the number of violations, actions taken by the police, fines or other penalties, the number of repeat offenders, whether the curfew has been effective in controlling drinking or drug parties or other offensive youth activities, and the overall effectiveness of the curfew. Now, Therefore, Be It Resolved: That this report be filed by the next stated Common Council meeting. ADOPTED. No. 224 By: Mr. Zuchlewski Procedures to Transfer Bennett Beach Whereas: For a number of years, there has been discussion about transferring the city-owned Bennett Beach to the County of Erie; and Whereas: Such an action would not only relieve the City of a significant financial burden, it would help ensure that this tremendous local resource will be fully and properly utilized; and Whereas: It is important for the City to prepare itself for whatever actions will be necessary should the negotiations to transfer the property to the county be fruitful; Now, Therefore Be It Resolved: That the Corporation Counsel be requested to report, in detail, on what specific procedures would have to be followed for the City of Buffalo to transfer Bennett Beach to the County of Erie. ADOPTED. No. 225 By: Mr. Zuchlewski Ordinance Amendment Chapter 511 -Zoning The Common Council of the City of Buffalo does hereby ordain as follows: That Section 511-4 of Chapter 511 of the Code of the City of Buffalo be amended to read as follows: C BODY RUB ESTABLISHMENT - A commercial establishment which provides as a substantial or significant portion of its business. body rubs upon the public or massages without a license as required by Article 155 of the New York Education Law or its successors, [C.] D SUBSTANTIAL OR SIGNIFICANT PORTION - Ten percent (10%) or more of its goods on display; ten percent (10%) or more of the area of the store which is accessible by the public in which good are displayed, sold or stored; ten percent (10%) or more of its inventory; (or] ten percent (10%) or more of the number of items on hand for sale or rent at retail or wholesale from premises which are also open to the public; ten percent (10%) or more of the services provided by the establishment consists of body rubs or unlicensed massages, or ten percent (10%) or more of the floor area of the establishment in which services to the public are provided consist of rooms or cubicles in which body rubs are provided. [D.] E. SPECIFIED SEXUAL ACTIVITIES: (1) Human genitals in a state of sexual stimulation or arousal. (2) Acts of human masturbation, sexual intercourse or sodomy. (3) Fondling or other erotic touching of human genitals pubic region, buttocks or female breasts. [E.] F. SPECIFIED ANATOMICAL AREAS: (1) Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the areola. (2) Human mate genitals in a discernibly turgid state, even if completely and opaquely covered. That Section 511-95 of Chapter 511 of the Code of the City of Buffalo be amended to read as follows: 511-95. Adult uses- uses subject to special regulation. A. Adult uses: adult bookstores, adult motion-picture theaters, including adult video stores,[and] commercial establishments offering private visual presentations, or commercial establishments offering body rubs, as defined in 511-4 of this chapter, and exotic cabarets as defined in 511-4 of this chapter. (1) It shall be unlawful to hereafter establish any adult bookstore, adult motion-picture theater, including adult video stores, commercial establishments offering private visual presentations. commercial than a CM or M-zoned district, within seven hundred fifty (750) feet of another adult use or within five hundred (500) feet of any R-zoned district or any church, school, playground, child care center, public park or community center, even if such adult use is located or proposed to be located within a CM or M-zoned district. The word "establish" means to operate such an adult use as the owner of premises wherein such use is contained or as the lessee of premises wherein such use is contained or as an employee of the owner or operator of an adult use so established. (3) Adult use permit. No person, firm or corporation shall continue or engage in the business of operating an adult bookstore, adult motion picture theater, including adult video stores, commercial establishments offering private visual presentations, commercial establishments offering body rubs or exotic cabaret in the City of Buffalo without an adult use permit issued by the Director of [Licenses] Housing and Inspections after written application, duly verified, has been made therefor, upon a form provided by said Director. Said application shall give the name and address of said applicant, the location of the premises whereon said adult use is or is to be operated and such other information as the Director of [Licenses] Housing and Inspections shall require. (4) Enforcement. Both the Director of [Licenses] Housing and Inspections and the Commissioner of Police shall have the authority to inspect the premises during operating hours and to enforce the provisions of this section. Failure to comply with the requirements of this section may constitute grounds for the suspension, revocation or non-renewal of licenses issued by the city to operate such an establishment. B. Severability. If any word, clause, sentence, paragraph, subsection, or part of this section included in this Article now or through supplementation, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the word, clause, sentence, paragraph, subsection, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. 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. 226 By: Mr. Zuchlewski Saturday in the Parkway-Octoberfest[Halloween) Whereas: The City of Buffalo and Forever Elmwood will be sponsoring a family event which will take place in Bidwell Parkway, and Whereas: This Octoberfest/Halloween function will be held on Saturday, October 21 st from 12:00 - 6:00 pm, and Whereas: To publicize the event, the committee would like to have permission to hang two (2) banners on Elmwood Avenue, and Whereas: One banner would be on Elmwood Avenue at Bidwell Parkway and hang from pole 946 to pole 95 1. The second banner would be on Elmwood Avenue at Hodge and hang from pole 162 to pole 468, and Whereas: The Saturday in the Parkway-Octoberfest/Halloween Committee would like to hang these banners on Monday, October 9th until Monday, October 23rd, and Now, Therefore, Be it Resolved: That the committee of Saturday in the Parkway-Octoberfest/Halloween is granted permission to hang both banners on Elmwood Avenue at the above specified localities from October 9th until October 23rd. PASSED. AYES- 13 NOES- 0 No. 227 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 Project "Jump Start" By Councilmember Zuchlewski Felicitation for Lillie P.W. Stephens By Councilmember Pitts In Memoriam for Vincent Arnone By Councilmember Perla ADOPTED. UNFINISHED BUSINESS No. 228 Bond Res. - $720,000 - Reconstr. Streets (Item #215, C.C.P. Sept 19, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Collins CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Coppola PASSED. AYES- 13 NOES- 0 No. 229 Bond Res. - $1,080,000 - Reconstr. Bridges (Item #216, C.C.P. Sept 19, 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. Franczyk. PASSED. AYES- 13 NOES- 0 No. 230 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, October 10, 1995 9:30 A.M. Finance Tuesday, October 10, 1995 - following Civil Service Legislation Tuesday, October 10, 1995 2:00 PM Econ. Development Wednesday, October 11, 1995, 10:00 AM U.R. Agency Com. Wednesday, October 11, 1995 following Ec. Dev. Ancillary Committees Police Reorganization Wed., October 11, 1995 2:00 PM Rm. 1417 No. 231 Adjournment On a motion by Mr. Pitts, Seconded by Mrs. Lockwood the Council adjourned at 3:25 P.M. CHARLES L. MICHAUX, III CITY CLERK Board of Police and Fire Pension Proceedings #8 Mayor's Office - 201 City Hall September 29, 1995 Present: Anthony M. Masiello, Mayor; R. Michael McNamara, Deputy Comptroller-2 Absent- George K. Arthur, Council President-1 The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of August 1995 amounting to $27,458.95 and for the month of September 1995 amounting to $28,238.39, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. No. 2 The following annuitant has been canceled from the Fire Pension Payroll: Agnes Hoff Died 7/25/95 Edward O'Mara Died 8/7/95 Florence Vantine Died 8/9/95 Received and Filed No. 3 Mr. Masiello moved to approve the application of M. Eleanor O'Mara for a widow's pension effective 8/18/95 in the amount of $660.00 per month on account of the death of her husband, Edward O'Mara, a member of the Fire Pension Fund, who died on 8/7/95. Adopted Ayes-2. Noes-0. No. 4 Mr. McNamara moved to receive and file the quarterly report of disbursement for the Police and Fire Pension Fund for the quarter ended June 30, 1995. Received and Filed No. 5 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of August 1995 amounting to $31,027.64 and for the month of September 1995 amounting to $31,027.64, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. No. 6 The following annuitant has been canceled from the Police Pension Payroll: Lanore Coffey Died 7/15/95 Received and Filed No. 7 On motion by Mr. Arthur, the City of Buffalo Police and Fire Pension Board adjourned at 11:10 a.m.