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Home My WebLink About95-1114 1No. 21 Common Council Proceedings of the City of Buffalo Regular Meeting, November 14, 1995 MAYOR Hon. Anthony M. Masiello COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL George K. Arthur PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER James W. Pitts COUNCILMEMBERS-AT-LARGE Clifford Bell James W. Pitts Rosemarie LoTempio DISTRICT COUNCIL MEMBERS Alfred T. Coppola Delaware Barbara Miller-Williams - Ellicott David A. Franczyk Fillmore David J. Czajka Lovejoy David A. Collins Masten Carl A. PerIa Jr. Niagara Dale Zuchlewski North Bonnie K. Lockwood South Kevin J. Helfer University REGULAR COMMITTEES CIVIL SERVICE COMMITTEE : Rosemarie LoTempio, Chairman, George K. Arthur, Alfred T. Coppola, Kevin J. Helfer, James W. Pitts, Members CLAIMS COMMITTEE : David A. Franczyk, Chairman, David J. Czajka, Kevin J. Helfer, Bonnie K. Lockwood, Dale Zuchlewski, Members ECONOMIC DEVELOPMENT COMMITTEE: Carl A. Perla, Jr. Chairman, Clifford Bell, David Collins, David A. Franczyk, Kevin J. Helfer, James W. Pitts, Members. FINANCE COMMITTEE: David A. Collins, Chairman, Clifford Bell, David A. Franczyk, Kevin J. Helfer, Barbara Miller-Williams, Members. LEGISLATION COMMITTEE: Alfred Coppola, Chairman, David J. Czajka, Kevin J. Helfer, Rosemarie LoTempio, Carl A. Perla, Jr., Dale Zuchlewski Members RULES COMMITTEE: George K. Arthur, Chairman, Kevin J. Helfer, James W. Pitts, Members URBAN RENEWAL: Clifford Bell, Chairman, Alfred T. Coppola, David J. Czajka, David A. Franczyk, Kevin J. Helfer, Members SPECIAL COMMITTEES SPECIAL COMMITTEE ON CATV: James W. Pitts, Chairman, George K. Arthur, Kevin J. Helfer, Rosemarie LoTempio, Dale Zuchlewski. SPECIAL COMMITTEE ON EDUCATION: Dale Zuchlewski, Chairman, David J. Czajka, Kevin J. Helfer, Rosemarie LoTempio, Carl A. Perla, Jr. SPECIAL COMMITTEE ON TAYLOR LAW IMPASSE: George K. Arthur, Chairman, Alfred T. Coppola, Kevin J. Helfer, Rosemarie LoTempio, James W. Pitts. ERIE BASIN MARNA LEASE COMMITTEE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, Carl A. Perla, Jr. POLICE REORGANIZATION COMMITTEE: David J. Czajka Chairman; George K. Arthur, Clifford Bell, Kevin J. Helfer, Rosemarie LoTempio. TASK FORCES AUDITORIUM AND STADIUM TASK FORCE: James W. Pitts, Chairman, Clifford Bell, Kevin J. Helfer, Bonnie K. Lockwood, Rosemarie LoTempio, Corporation Counsel/Designee, Commissioner of Public Works/Designee, Commissioner of Community Development/Designee, Commissioner of Administration and Finance/Designee, President of Development Downtown. ERIE BASIN MARINA TASK FORCE: James W. Pitts, Chairman, Kevin L. Helfer, Bonnie K. Lockwood, Carl A. Perla, Jr., Comptroller/Designee, Commissioner of Public Works/Designee, President of Slip Renter's Assoc./Designee, Buffalo Sabres/Aud Club. PARKS CONSERVANCY TASK FORCE: David A. Franczyk, Chairman, Kevin J. Helfer, Dale L. Zuchlewski, John Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta, Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Paula Mulligan, Louise Snyder, Rev. Benny Sheppard, Friends of Olmsted designee, Commissioner of Parks/Designee, Commissioner of Public Works/Designee, Commissioner of Community Development/Designee. GREENWAY TASK FORCE: Bonnie Kane-Lockwood, Chairman, James August, Frederick Holman, Barry Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark Mistretta, Thomas Pallas, Philip Snyder, Lorraine Pierro, Cynthia Schwartz, Ann Poole, Suzanne Toomey-Spinks, Dr. Rae Rosen, Margaret Wooster, Jerry Malloy, David P. Comerford, Tammy Barnes, Terry Wherry CARBON MONOXIDE TASK FORCE: David Czajka Chairman, Fred Larson, Matthew Baudo, Paul Mielcarek, David Pierowicz, Phil Haberstro, Mike Rabb, Donna DeCarolisle, Jay Burney, Mark Kubiniec, Yerby Dixon. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL- BUFFALO Tuesday, November 14, 1995 at 2:00 P.M. PRESENT- David Franczyk Acting President of the Council, and Council Members Bell, Collins, Coppola, Czajka, Helfer, Lockwood, LoTempio, Perla, Pitts, Williams and Zuchlewski- 12. ABSENT- George K. Arthur- Acting Mayor- 1. On a motion by Mr. Pitts, seconded by Mr. , the minutes of the stated meeting held on October 31, 1995 were approved. FROM THE MAYOR No. 1 Reappointment of Members to the City Planning Board Pursuant to the powers vested in me Section 316 of the Charter of the City of Buffalo, I hereby reappoint the following members to the City Planning Board: Susan Curran Hoyt 70 North Pearl Street Buffalo, N. Y. 14202 Susan Curran Hoyt's term will expire on October 9, 1998. Donald Champagne 72 Burke Drive Buffalo, N.Y. 14215 Mr. Champagne's term will expire on October 9, 1998. Horace A. Gioia 49 Clarendon Place Buffalo, N.Y. 14209 Mr. Gioia's term will expire on October 9, 1998. I hereby certify that the above named individuals are fully qualified for reappointment to the City Planning Board. REFERRED T0 THE COMMITTEE ON LEGISLATION. No. 2 Re-Appointment of Member to the Buffalo Municipal Housing Authority Pursuant to the powers vested in me by Subdivision 2, Section 30 of the Public Housing Law, I hereby re-appoint Modesto Candelario, residing at 194 14th Street, Buffalo, New York 14213, as a member of the Buffalo Municipal Housing Authority. Mr. Candelario's term will expire on October 19, 2000. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Municipal Housing Authority. REFERRED TO THE COMMITTEE ON LEGISLATION No. 3 Appointment of Member to the Buffalo Board of Parking Pursuant to the powers vested in me by Section 109R of the Charter of the City of Buffalo, I hereby appoint, subject to confirmation by Your Honorable Body, Michael M. Edwards, residing at 621 Eggert Road, Buffalo, New York 14215, to the Buffalo Board of Parking. Michael Edwards is the Executive Director of Buffalo Place, Inc.-Buffalo Place Foundation. Previously, he was Executive Director of the Lackawanna Development Corporation. From December 1986 to February 1989 Michael was Executive Director of the Lower West Side Development Corporation. He has a Masters Degree from the University of Pittsburgh in Public Administration and Finance. He is a member of the International City Manager Association Urban Land Institute. Michael Edwards is filling the unexpired term of Sherrill Colston, who has resigned. His term will expire on March 31, 2001. I hereby certify that the above named individual is fully qualified for appointment to the Buffalo Parking Board. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 4 R. Serra, Request to Erect Two Pole Signs at 196 Franklin Street (Corner W. Huron) Item No. 83, C.C.P., 10/31/95 The City Planning Board at its regular meeting held Wednesday. November 8, 1995 considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to erect two illuminated pole signs which will measure 4 feet by 6 feet (24 square feet) and will measure 24 feet in overall height. The signs will be accessory in nature and will not encroach upon the right-of-way. The site is located in a DO zone which permits such signs and under SEQR the proposed signs are considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed signs with the following conditions: 1) that the applicant provides a landscaped area at the base of each sign, and 2) that the signs shall be no greater than 18 feet in overall height. RECEIVED AND FILED. No. 5 R. Mollot, Request to Establish a Restaurant- 718 Elmwood Avenue Item No. 85, C.C.P. 10/31/95 The City Planning Board at its regular meeting held Wednesday, November 8, 1995 considered the matter captioned above pursuant to Section 511-56 of the Buffalo Code, Restricted Uses in the Elmwood Business District. The applicant seeks to establish a sit-in restaurant which will serve alcoholic beverages. The site had been previously used as a restaurant but is under new ownership. The site is located in the E.B. (Elmwood Business District) which requires that your Honorable Body approve all newly established eating and drinking places. Under SEQR the restaurant is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed restaurant. RECEIVED AND FILED. No. 6 Niagara Frontier Growers, Request Pole Sign at 1443 Clinton Street Item No. 81, C.C.P., 10/31/95 The City Planning Board at its regular meeting held Wednesday, November 8, 1995 considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Review of Pole Signs. The applicant seeks to erect a non-illuminated pole sign which will measure 4 feet by 10 feet (40 square feet) and will measure 14 feet in overall height. The sign will be accessory in nature and will not encroach upon the right-of-way. The sign will be located in an M2 zone which permits such signage and 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 on the condition that it is placed in a landscaped base. RECEIVED AND FILED. No. 7 M. Davis, Request to Rezone 570 Kensington Avenue from R2 to CM Item No. 84, C.C.P., 10/31/95 The City Planning Board at its regular meeting held Wednesday, November 8. 1995 considered the matter captioned above pursuant to Section 511-126 of the Buffalo Code. Amendment to the Zoning Ordinance. The applicant seeks to rezone 15.465 square feet of property which is zoned R2 into a CM zone in order to develop a self service car wash. The site is currently vacant and has been used for illegal dumping of trash. Under SBQR the proposed rezoning is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed rezoning with the following conditions: 1) that no driveway cuts are allowed onto Dewey Avenue, and 2) that the self-service vacuum and trash facilities be located only near the Kensington Avenue street line and not near the street lines of Dewey Avenue or Castle Place. RECEIVED AND FILED. No. 8 Benenson Capital Co., Request to Expand an Existing Parking Lot at 345 Amherst Street Item No. 161, C.C.P., 9/5/95 The City Planning Board at its regular meeting held Wednesday. November 8. 1995 considered the matter captioned above pursuant to Section 511-126 of the Buffalo Code, 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. At previous Planning Board meetings the following concerns were addressed by Board members: 1) to what extent did the parking lot expansion affect your Honorable Body's original Negative Declaration for the project. Specifically, will the new bank created by the expansion adversely impact Scajaquada Creek? 2) What remedy will Tops take to replace the trees which were lost due to the parking lot's expansion? 3) How will the proposed pedestrian and bike trail be accommodated to the new parking configuration? After a presentation given by Tops Market the Planning Board moved to approve the parking lot addition on the following conditions: 1) that the realignment of the pedestrian/bike way as shown on the site plan labeled SP-1 and dated 4/5/95 which was submitted to the City Planning Board meets with the approval of your Honorable Body; 2) that the State Department of Environmental and Conservation approve the new bank configuration of Scajaquada Creek; 3) that Tops will contribute to the City's Tree Fund to compensate for the loss of any trees due to the parking lot expansion and that the number of such trees will be determined by your Honorable Body in concert with interested and involved groups; and lastly. 4) that the Office of the Environment prepare a recommendation for your Honorable Body's consideration. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 9 Fibron Products Inc. Request to erect an Accessory Building at 170 Florida Street (corner Jefferson) Item No. 85, C.C.P., 10/17/95 The City Planning Board at its regular meeting held Wednesday. November 8. 1995 considered the matter captioned above pursuant to Section 511-68.1 of the Buffalo Code, Hamlin Park Overlay Review District. The applicant seeks to erect a 30 foot by 96 foot metal building which will be accessory to the principal use of the site-a wood laminate operation. The site is located in a CM zone which allows such accessory uses but is overlain by the Hamlin Park Overlay District which requires the approval of your Honorable Body. Under SEQR the proposed addition is considered an unlisted action which may be studied through uncoordinated review. Several concerns arose over the placement of the building and its impact on the surrounding urban fabric and the extent in which the building would be screened from view with appropriate vegetation. Given these concerns, the Planning Board voted to approve the proposed addition with the following conditions: 1) that the building be set back from the property line a distance of 5 feet along the Jefferson Avenue street line and that said 5-foot strip should be extended 94 feet along said street line. Similarly, the building shall set back 4 feet from the Florida Street line and that said four-foot strip should be extended to the existing garage on Florida Street; 2) that plantings within the aforementioned strips shall consist of shrubbery planted on 8-foot centers and a minimum of 4-inch caliper trees planted 15 feet to 20 feet on centers. The types of trees and shrubs shall be determined by the applicant in concert with the City Forestry Division. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 10 Diocese of Buffalo, Request to Place a Ground Sign at 1219 Elmwood Avenue Item No. 82, C.C.P., 10/31/95 The City Planning Board at its regular meeting held Wednesday, November 8. 1995 considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Review of Ground Signs. The applicant seeks to erect a non illuminated ground sign which will measure 3 feet by 6 feet (18 square feet) and will measure 6 feet in overall height. The sign will be accessory in nature and will not encroach upon the right-of-way. The site is located in an R1 zone which prohibits such signs, therefore, the applicant must seek permission from the Zoning Board of Appeals as well as your Honorable Body. Lastly, under SEQR the proposed sign is considered a Type II action which does not require further environmental review. The Planning Board voted no objection to the proposed sign. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BUFFALO ARTS COMMISSION No. 11 Permission To Enter Into Agreement Long Term Loan of Verdi Bust to Forest Lawn Cemetery The Buffalo Arts Commission contracted with Roman Bronze to have repairs made to the bust of the Verdi as well as to have a new cast of the Verdi bust made. It is expected that both busts will be delivered to the City of Buffalo in early November. The Federation of Italian American Societies and the Forest Lawn (cemetery) Heritage Foundation have requested that one of the busts be given to the care of Forest Lawn Cemetery on a long term loan basis. The Buffalo Arts Commission respectfully recommends that your Honorable Body approve the attached agreement which allows Forest Lawn Heritage Foundation to display a Verdi bust according to the specifications outlined in the agreement. Thank you for your time and attention and we are always available if you have any questions regarding this matter. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. FROM THE COMPTROLLER No. 12 Certificate of Necessity Transfer of Funds Common Council - Legislative Mayor & Executive - Executive We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $20,000 be transferred and reappropriated from the Common Council Legislative, as set forth below: Dated: Buffalo, NY, October 26, 1995 RECEIVED AND FILED. No. 13 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 two requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve interfund cash loans from the General Fund to the City's Capital Fund in the amount of $1,520,000 for Reconstruction of Michigan Avenue Lift, Bridge and $10,000 for Police Reorganization. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account 100 General 200 Capital Projects 200-401-024 100 General 200 Capital Projects 200-402-013 Payment Date Total B-AN/Bond Sale $1,520,000 BAN/Bond Sale $10,000 Mr. Pitts moved: That the communication from the Comptroller, dated November 8, 1995, be received and filed; and That the Comptroller be, and he hereby is, authorized to make an interfund cash loan from the City General Fund to the City's Capital Projects Fund in the amount of $1,520,000 for Reconstruction of the Michigan Avenue Lift Bridge and $10,000 for Police Reorganization. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED. AYES- 12 NOES- 0 No. 14 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 10-31-95. This report also projects departmental overtime expenditures for the entire fiscal year based on current usage. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION & FINANCE. No. 15 Audited Financial Statements of Buffalo Water Board For Years Ended June 30, 1995 and 1994 With Report of Independent Auditors This is to advise that copies of the Audited Financial Statements and Other Financial Information of the Buffalo Water Board for the years ended June 30, 1995 and 1994 with Report of Independent Auditors, Ernst & Young, LLP, have been distributed to members of the Buffalo Water Board, each Councilmember, the City Clerk, the Mayor, the Comptroller, the Division of Accounting and the Budget Office. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons. REFERRED TO THE COMMITTEE ON FINANCE. No. 16 Department of Neighborhoods, Housing and Inspection Permits Section Monies Not Timely Deposited Item No. 165, C.C.P. 9/5/95 Item No. 130, C.C.P. 10/17/95 My office began an audit of the Department of Neighborhoods, Housing and Inspections (Permit section) on July 10, 1995. This audit will cover the period from July 1, 1989 to June 30, 1995. This audit will be filed with the Common Council in the near future and will address internal control deficiencies and recommendations to improve these deficiencies. On June 23, 1995 my office conducted a cash count of the Permits Office and found $112,283.36 not deposited with the City Treasury. This amount represents mostly checks, money orders, bank drafts, and certified checks, as well as small amount of cash and loose change. We requested that the Permit Office strive to deposit the above funds in the City Treasury and begin to make daily deposits of new funds received in their office. The Permit Office deposited the above money on July 10, 1995 and August 4, 1995, as follows: July 10, 1995 $98,954.90 August 4, 1995 24,502.10 $123,457.00 The total deposited on the two dates noted exceeds the count of June 23, 1995, due to additional backlog received in the interim. The above noted deposits were analyzed, resulting in the following: Deposit of July 10, 1995 No exceptions noted. Deposit of August 4, 1995-resulted in an unreconcilable difference of $642.50. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION & FINANCE, THE COMMISSIONER OF NEIGHBORHOODS & INSPECTIONS AND THE CORPORATION COUNSEL. No. 17 Request to Purchase 956 & 958 Glenwood Item No. 121, C.C.P. 6/27/95 The above mentioned item is a request from Evelyn Whitehead to purchase the vacant lots at 956 & 958 Glenwood. The request is being processed by the Division of Real Estate and the results of negotiations will be filed with your Honorable Body when they have been completed. REFERRED TO THE COMMITTEE ON FINANCE. No. 18 Result of Negotiations 257 East Utica, 121.331 E Purdy Vacant Lot: 30' x 150' Assessed Valuation: $1,800 The Office of the Comptroller, Division of Real Estate, has received a request from Pastor James C. Blackburn, Jr., Greater Hope Baptist Church, 8 Verplanck Street, Buffalo, New York 14208, to purchase the above vacant lot. The Church intends to fence in and use for a recreation area. An independent appraisal of the property was conducted by Peter J. Hart, Appraiser, of Howard P. Schultz, Inc. He has estimated the value of the property to be Six Hundred and Seventy-Five Dollars ($675.00). This represents a sale price of approximately Fifteen Cents (.15) per square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range from Nineteen Cents (.19) per square foot to Twenty-Six (.26) per square foot. The results of our negotiations are that Amanda Monroe, Trustee, of The Greater Hope Baptist Church has offered and agreed to pay Nine Hundred Dollars ($900.00) for the subject property. This represents an offer of Twenty Cents (.20) a square foot for the property. They have also agreed to pay for the cost of the appraisal, recording fees, transfer tax and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 257 East Utica to the Greater Hope Baptist Church in the amount of Nine Hundred Dollars ($900.00). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 19 Result of Negotiations 92 Louisiana, 266.44'S South Vacant Lot: 31' x 37' Assessed Valuation: $1,200 Item No. 27, C.C.P. 6/27/95 The above captioned item is a request from Carmen Calabrese, 31 Troup Street, Buffalo, New York 14210, to purchase the above captioned property, which adjoins his restaurant on Louisiana Street. Mr. Calabrese intends to purchase and use this area to extend his parking for customers. An independent appraisal of the property was conducted by Mr. John Zukowski, Appraiser, Arrow Appraisal Service, 3790 Broadway, Cheektowaga, New York 14227. He has estimated the value of the property to be Two Hundred and Fifty Dollars ($250.00). This represents a sale price of approximately Twenty Cents (.20) a square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range from Sixteen Cents (.16) per square foot to Twenty-Five Cents (.25) per square foot. The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Mr. Carmen Calabrese has agreed and is prepared to pay Two Hundred and Fifty Dollars ($250.00) for the subject property. He has also agreed to pay for the cost of the appraisal, recording fees, transfer tax and cost of the legal description. Therefore, I am recommending that Your Honorable Body approve the sale of 92 Louisiana to Mr. Carmen Calabrese in the amount of Two Hundred and Fifty Dollars ($250.00). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 20 Results of Negotiations 239 & 241 Whitney Vacant Land: 50' x 110' Assessed Valuation: $7,600. Item #17, C.C.P. 9/5/95 The above referenced item is a request from Maritza Figueroa of 235 Whitney Street, Buffalo, New York, to purchase the above captioned property. The above property is adjacent to Ms. Figueroa's home and she intends to fence the property in to expand her yard area. An independent appraisal of the property was conducted by Mr. Thomas Tighe, R.W. Bronstein Appraisers. They have estimated the value of the property to be Six Hundred Dollars ($600). This represents a value of approximately eleven cents ($.11) a square foot. The Division of Real Estate has investigated the sales of similar properties in the area. The sales prices range from Twenty-five cents ($.25) a square foot to Forty-seven cents ($.47) a square foot. The results of our negotiations are that Ms. Maritza Figueroa has agreed and is prepared to pay One Thousand Two Hundred Dollars ($1,200) for the subject property. This represents an offer of Twenty-two cents ($.22) a square foot for the property. She has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 239 and 241 Whitney Street in the amount of One Thousand Two Hundred Dollars ($1,200) to Maritza Figueroa. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF ASSESSMENT No. 21 City Foreclosure Sale October, 1996 In Rem 30 Please be advised that the Department of Assessment will be sending letters to owners of all properties in the City of Buffalo with taxes owing from 1993-94, 1994-95 or prior years, advising the owner that these taxes must be paid in full by February 29, 1996 to avoid being included in the foreclosure list to be filed in March, 1996. It is necessary to include unpaid taxes from 1993-94 and 1994-95 in the next foreclosure, IN REM 30, to keep pace with the new statutes adopted by the state legislature in Chapters 602, 532 and 579 of the Laws of New York of 1993, 1994 and 1995, respectively. These new laws are applicable to taxes that became liens after January 1, 1995 and will require the adoption of a local law. Your honorable body will be receiving information relating to the local law in the near future. This communication is merely to inform you that the letters mentioned above will be sent out this month in case taxpayers in your district contact your respective offices. I am available if further information is needed or if a problem arises. REFERRED TO THE COMMITTEE ON FINANCE. No. 22 Liquor License Request Item #63, C.C.P. 10/31/95 Tax files were reviewed to determine if the individuals and/or corporations applying for a liquor license owe real property tax, newer rent, local assessments or occupancy tax. Please be advised of the following: 71-75 Allen Street, assessed as 494 Franklin and assessed to Delaware-Franklin Partners LP, 1420 Millersport Hwy, Williamsville, NY. Delaware-Franklin Partners LP, is also listed as owning 561 Delaware. For the above listed parcels, tax records show the first installment city tax and sewer rent for 1995-96 is paid. Under the applicant's name of Michael J. Walsh, assessment records show ownership of the following parcels in the City of Buffalo: 57 Kosciuszko, mailing address listed as same 415 Eden and 98 Mendola, mailing address listed an 415 Eden, Buffalo NY. Tax records show the following city tax and sewer rent unpaid as of 11/9/95 on the following: 57 Kosciuszko 98 Mendola 1994-95 City tax and Sewer rent $725.29 $837.97 1995-96 First Installment City Tax 296.05 342.71 1995-96 Sewer Rent 48.25 55.84 Interest on the above parcels computed to 11/30/95. A Collection Division fee of $10.00 has been added where applicable. Our records show the first installment tax and newer rent for 1995-96 is paid for 415 Eden. We do not show ownership in the City of Buffalo under the co-applicant's name of Wende D. Walsh or the business name of Kay Gallagher's. The listed mailing address of co-applicant, Wende D. Walsh, 130 College Street is assessed to Thomas E. Guyden, 130 College St., Buffalo, NY. Tax records show the first installment tax and sewer rent for 1995-96 is paid. For all the above listed parcels the occupancy tax is paid or exempt and there are no local assessments. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 23 Notification Serial #8550 Repeal No Parking on Fourth Street, west side between Carolina Street and a point 110' south NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PTN OF HWY PROHIBITED PERIOD Fourth Street, west side At all times between the south curb line extended of Carolina Street and a point 110' south therefrom This action is being taken as per a request from the Director of Parking Enforcement. Notification Serial #8551 Repeal No Parking on Fourth Street, west side between West Genesee Street and a point 60' north of Waterfront School Circular Driveway NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following. NO PARKING PROHIBITED PTN OF HWY PROHIBITED PERIOD Fourth Street, north and west side At all times between West Genesee Street and a point 60' north of the north curbline extended of the north drive of the circular driveway of the Waterfront School. This action is being taken as per a request from the Director of Parking Enforcement. Notification Serial #8552 Install No Parking on Fourth Street, both sides between Carolina Street and West Genesee Street NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, 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 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PTN HWY PROHIBITED PERIOD Fourth Street, both sides At all times between Carolina Street and West Genesee Street This action is being taken as per a request from the Director of Parking Enforcement. Notification Serial #8553 Repeal of Permissive Parking on Seventh Street, both sides between Court Street and West Genesee Street PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PKG LOCATION PERMISS. PKG DAILY Seventh Street, both sides 2 hour parking between Court Street 8:00 a.m. - 6:00 p.m. and West Genesee Street except Sunday This action is being taken as per a request from the Director of Parking Enforcement. Notification Serial #8554 Install No Parking on Seventh Street between Court Street and West Genesee Street NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, 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 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PTN HWY PROHIBITED PERIOD Seventh Street 6:00 p.m. to 6-.00 a.m. between Court Street and West Genesee Street This action is being taken as per a request from the Director of Parking Enforcement. Notification Serial #8555 Repeal Alternate Parking - Type 11 Seventh Street between West Mohawk Street and Carolina Street NO PARKING (ALTERNATE - TYPE 11) - 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PTN HWY PROHIBITED PERIOD Seventh Street, east side 9:00 a.m. - 4:00 p.m. between West Mohawk Street Thursday, Friday and Carolina Street Seventh Street, west side 9:00 a.m. - 4:00 p.m. between West Mohawk Street Mon., Tues., Wed. and Carolina Street This action is being taken as per a request from the Director of Parking Enforcement. Notification Serial #8556 Install No Parking on Seventh Street between West Mohawk Street and Carolina Street NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, 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 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PTN HWY PROHIBITED PERIOD Seventh Street, west side 6: 00 p. m. - 7: 00 a. m. from a point 183' north Monday to Friday and of West Mohawk Street at all times on to Carolina Street Saturday and Sunday Seventh Street, west side 7:00 a.m. - 6:00 p.m. between West Mohawk Street Monday to Friday and Carolina Street This action is being taken as per a request from the Director of Parking Enforcement. Notification Serial #8557 Install No Parking on Busti Avenue, both sides from Carolina Street to southeasterly Dead End NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, 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 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PTN HWY PROHIBITED PERIOD Busti Avenue, both sides At all times from Carolina Street to southeasterly Dead End This action is being taken as per a request from the Director of Parking Enforcement. Notification Serial #8558 Repeal of Permissive Parking Virginia St., North Side between Ellicott and Michigan Streets PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following. Permissive Parking PERMISSIVE PKG LOCATION PERMISS. PKG-DAILY Virginia Street 2 hour parking (north side) 7:00 a.m. - 7:00 p.m. between Ellicott Street except Sunday and Michigan Street This action is being taken in order to provide for all day metered parking in this area at the request of the Director of Parking Enforcement. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 24 Second Extension of Contract City Contract No. 91810000 Col. Ward Pumping Station Indoor Air Quality Upgrades In accordance with the terms of the contract between the City of Buffalo and BH Refrigeration, Inc., City Contract No. 91810000, Col. Ward Pumping Station Indoor Air Quality Upgrades, the work called for in this contract was scheduled to be completed by August 28, 1995. An extension of contract was granted to November 1, 1995. The contractor has requested a second extension of time in this contract due to the long delivery time for the equipment associated with this contract. Accordingly, I have granted a second extension of time in the contract with BH Refrigeration, Inc. The new completion date for this contract is November 30, 1995. REFERRED TO THE COMMITTEE ON FINANCE. No. 25 Contract Extension CID Refuse Service, Inc. Item No. 30, C.C.P. 9/5/95 In Item No. 30, C.C.P. 9/5/95, Your Honorable Body authorized the extension of our contract with CID Refuse Service, Inc., for the disposal of recyclable materials from September 1995 to December 31, 1995. The contract was extended at a cost to the City of $0 per ton. CID Refuse Service, Inc., has submitted the attached proposal for a five-year extension of this contract. For the first year of the extension CID Refuse Service, Inc., will pay to the City a sum of $10 per ton for all recyclable materials received. After the first year, the contract price will return to the current fee of $0 per ton. In addition, they have offered to pay the City $2.50 per ton for each ton in excess of the recyclable materials delivered in calendar year 1995. CID also proposes to pay the City $2,000 per year to be used for an education program on recycling. They will also sponsor a recycling education program in Buffalo Public Schools. During the term of this contract should any other municipality within the County of Erie contract with CID Refuse Service, Inc., for similar service that is deemed to be a better contract than that received by the City, our contract will be modified accordingly to reflect the better terms. I have looked at contracts that other municipalities currently have, and I feel that the offer presented here at least equals the best contract in this area. I, therefore, respectfully request Your Honorable Body's authorization to extend the contract for disposal of refuse materials with CID Refuse Service, Inc., for a period of five years commencing on the date of your approval. Due to a contractual obligation to CID's wholesale purchaser, they have informed us that the City must accept or reject this offer prior to December 1st, 1995. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION COUNSEL. No. 26 Suspension of Work Cleaning and Lining Watermains Amherst/Starin/Hertel Avenue City Contract No. 91825500 Please be advised this office has received a request from Kandey Company, Inc. for a suspension of work on the Cleaning and Lining Watermains - Amherst/Starin/Hertel Avenue Project, City Contract No. 91825500. This suspension was requested due to the forthcoming cold weather which would not make it feasible to maintain the temporary by-pass piping required for this project. Accordingly, I have granted a suspension of work on this project from November 30, 1995 until March 20, 1996. This suspension will not require any additional contract time but will reschedule the completion date of this project to May 25, 1996. This communication is for your information only. REFERRED TO THE COMMITTEE ON FINANCE. No. 27 Permission to Engage the Services of a Consultant Engineer for Design and Construction of Crossroads Streets, Phase I, Group No. 364 I hereby request Your Honorable Body's permission to engage the services of a consultant engineer to prepare plans, specifications, receive bids, and construction inspection for the reconstruction of the following streets; Main Street From South Park Avenue to Scott Street Perry Street From Main Street to Washington Street South Park Ave. From Main Street to Mississippi Street Illinois Street From Perry Street to South Park Avenue Mississippi From Perry Street to South Park Avenue Funds for the planning are available in the reserve for Capital Project Account. We anticipate construction funding will be approved in the 1995-1996 capital improvement budget and will be available when bonds are sold. REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE. No. 28 Permission to Prepare Specifications and Advertise Proposals for the Purchase of Traffic Engineering Equipment I hereby request permission from Your Honorable Body to prepare specifications and advertise for sealed proposals for the items specified below. 1. Purchase of Traffic Signal equipment 1995-96 2. Purchase of Traffic Sign equipment 1995-96 3. Purchase of Pavement Marking materials 1995-96 Funds for this project will be available in capital budget fund #200-401-507-00-000. REFERRED TO THE COMMITTEE ON FINANCE. No. 29 Louisiana Street Bridge over Conrail Maintenance Painting I hereby request permission from Your Honorable Body to authorize the Commissioner of Public Works to hire a consultant to prepare plans and specifications and advertise for sealed proposals for maintenance painting on the Louisiana Street Bridge over Conrail. Funds for this work are available in the Division of Engineering Bond Account No. 200-401-023. Therefore, I respectfully request Your Honorable Body allow the Commissioner of Public Works to move forward with this project. The account number identified in CCP No.'s 37, 2-7-95 and 116, 2-21-95, was incorrect. It should have read 200-401-023 and not 200-401-003. Mr. Pitts moved: That the communication from the Department of Public Works dated, November 9, 1995 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to correct the account number to read 200-401-023 for the Louisiana Street Bridge over Conrail Maintenance Painting project as approved in Item No. 37, C.C.P., Feb. 7, 1995 and Item No. 116, C.C.P., Feb. 21, 1995. PASSED. AYES- 12 NOES- 0 No. 30 Report of Bids Asbestos Abatement 118 E. Utica Street I advertised for on October 24, 1995 and received the following sealed proposals which were publicly opened and read on November 2, 1995: Aria Contracting Corp. $19,346.00 Arric Corp. $ 43,000.00 Frontier Insulation $85,000.00 Modern Environmental No Bid I hereby certify that the foregoing is a true and correct statement of all bids received and that Aria Contracting Corp., in the amount of Nineteen Thousand Three Hundred Forty Six and 00/100 Dollars ($19,346.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for the work are in B/F 200-402-040 - Division of Buildings. Estimate for this work was $40,000.00. Mr. Pitts moved: That the communication from the Department of Public Works, dated November 2, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Asbestos Abatement to Aria Contracting Corp., the lowest responsible bidder in the amount of $19,346.00; with said cost to be charged against the B/F 200-402-040 Division of Buildings. PASSED. AYES- 12 NOES- 0 No. 31 Report of Bids Painting - Louisiana Street Bridge Item No. 116, C.C.P. 02/21/95 As authorized and directed by your Honorable Body in Item No. 116, C.C.P. 02/21/95, I have advertised and received bids on June 21, 1995 for the Painting of the Louisiana Street Bridge. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and materials which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be more or less than the total bid. The following bids were received: Contractor Total Bid RW Painting Inc. $ 47,950.00 (Low) Amherst Painting $ 48,740.00 Global Contracting & Painting Inc. $ 51,000,00 C&A Painting $ 58,500.00 Atlas Painting & Sheeting Corp. $ 64,000.00 KM Bahas Co.Inc. $ 64,400.00 Eric Interstate Contractors Inc. $109,900.00 Marine Steel Painting Corp, $169,000.00 I hereby certify that the lowest responsible bidder for the above project is R W Painting Inc., and I respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to the Division of Engineering Bond Fund 200-401-023 in an amount of $47,950.00. plus approved unit prices for an additional amount of $4,795.00 for a total encumbrance of $52,745.00, The engineers estimate for this work is $50,000.00. The above is certified to be a true and correct statement of the bids received. Under the provisions of the General Municipal Law any of the bidders may withdraw his bid if the award of this contract is not made by August 7, 1995. Individual bid submissions are available in our office for inspection and copies are available upon request. The account number identified in CCP No. 49, 6-27-95, was incorrect. It should have read 200-401-023 and not 200-401-003. Mr. Pitts moved: That the communication from the Department of Public Works dated, November 9, 1995 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to correct the account number to read 200-401-023 for the Louisiana Street Bridge over Conrail Maintenance Painting project as approved in Item No. 49, C.C.P., June 27, 1995. PASSED. AYES- 12 NOES- 0 No. 32 Report of Bids For the Michigan Avenue Lift Bridge Structural Painting Contract Item No. 51, C. C.P. 7/26/94 As authorized and directed by your Honorable Body in Item No. 5 1, C. C.P. 7/26/94, I have advertised and received bids on November 8, 1995 for the Michigan Avenue Lift Bridge Structural Painting Contract. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and materials which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be more or less than the total bid. Unit Price The following bids were received: Incr.-Base Contractor Total Bid Alternate 1 Bid Only Marine Steel Painting Corp. $449,000 $599,000 $493,900 (LOW) Atlas Painting/Sheeting Corp. $460,000 $500,000 $506,000 Allied Coating Inc. $677,000 $260,000 $744,700 Amherst Painting Inc. $848,400 $387,000 $933,240 Erie Interstate Cont. Inc. $892,000 $290,000 $981,200 Erie Painting/Maint. Inc. $945,500 $750,000 $1,040,050 Amstar of WNY, Inc. $1,100,000 $1,000,000 $1,210,000 In accepting the base bid only, I hereby certify that the lowest responsible bidder for the above project is Marine Steel Painting Corp., and I respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to the Division of Engineering Bond Fund 200-401-024 in an amount of $449,000.00, plus approved unit prices for an additional amount of $44,900.00 for a total encumbrance of $493,900.00. The engineers estimate for this work is $750,000.00. The above is certified to be a true and correct statement of the bids received. Under the provisions of the General Municipal Law any of the bidders may withdraw his bid if the award of this contract is not made by December 22, 1995. Individual bid submissions are available in our office for inspection and copies are available upon request. REFERRED TO THE COMMITTEE ON FINANCE. No. 33 Report of Bids For the Michigan Avenue Lift Bridge - Structural Steel Contract Item No. 51, C. C.P. 7/26/94 As authorized and directed by your Honorable Body in Item No. 5 1, C. C.P. 7/26/94, 1 have advertised and received bids on November 8, 1995 for the Michigan Avenue Lift Bridge Structural Steel Contract. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and materials which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be more or less than the total bid. The following bids were received: Unit Price Add Deduct Incr.-Base Total Bid Alternate lA Alternate 2A Bid Only Gateway Welding Services Inc., $474,000.00 $122,000.00 $1.00 $521,400 (Low) Conctractors. Welding of WNY Inc. $479,675.00 $22,600.00 $400.00 $527,642.50 Eric Interstate Construction Co. Inc. $672,280.00 None None $739,508.00 In accepting the base bid hereby certify that the lowest responsible bidder for the above project is Gateway Welding Services Inc., and I respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to the Division of Engineering Bond Fund 200-401-024 in an amount of $474,000.00, plus approved unit prices for an additional amount of $47,400.00 for a total encumbrance of $521,400.00. The engineers estimate for this work is $400,000.00. The above is certified to be a true and correct statement of the bids received. Under the provisions of the General Municipal Law any of the bidders may withdraw his bid if the award of this contract is not made by December 22, 1995. Individual bid submissions are available in our office for inspection and copies are available upon request. REFERRED TO THE COMMITTEE ON FINANCE. No. 34 Change in Contract Interior Renovations Police Headquarters I hereby submit to Your Honorable Body the following changes for the Interior Renovations, Police Headquarters, 74 Franklin Street, Wilsandra Construction Co., Inc. -Order #1 1401660. 1. Completely renovate room directly adjacent to rooms currently being renovated as per Police Department request Add $ 4,797.00 2. Remove two (2) doors and frames, close openings with metal studs and drywall. Add 1,345.00 3. Furnish and install additional electrical outlets and install all new wire mold throughout rooms. Add 858.00 The foregoing changes result in a net increase in the contract of Seven Thousand and 001100 Dollars ($7,000.00). Summary: Original Amount of Contract $17,777.00 Amount of This Change (No. 1) 7,000.00 Revised Amount of Contract $24,777.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-513 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Pitts moved: That the communication from the Department of Public Works, dated November 1, 1995, be received and filed- and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1 to Wilsandra Construction Co., Inc., changes resulting in a net increase in the amount of $7,000.00, as more fully described in the above communication, for work relating to the Interior Renovations, Police Headquarters, Order #1 1401660. Funds to be charged to the B/F 200-402-513 Division of Buildings. PASSED. AYES- 12 NOES- 0 No. 35 Change in Contract Restoration and Rehabilitation Kleinhans Music Hall Phase IV I hereby submit to Your Honorable Body the following changes for the Restoration and Rehabilitation, Phase IV, Kleinhans Music Hall - Plumbing Work, A. Gareleck & Sons, Inc. , C #91819300. 1 . Rough waste vent and water for mezzanine urinals and floor drain. Add $ 6,726.00 2. Relocate two (2) lavatories from backstage Dressing Room. Add 407.00 3. Furnish and install 3" floor drain and trap primer in Men's Lounge Toilet Room. Add 557.00 The foregoing changes result in a net increase in the contract of Seven Thousand Six Hundred Ninety and 00/1 00 Dollars ($7,690.00). Summary: Original Amount of Contract $53,770.00 Amount of This Change (No. 1) 7,690.00 Revised Amount of Contract $61,460.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in CPF 200-402-528 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 36 Change Order No. 1 - Massachusetts Pumping Station Upgrades, Contract No. 1E - Electrical Construction I hereby submit to your Honorable Body the following Change Order No. I with Frey Electric Construction Company for work relating to Massachusetts Pumping Station Upgrades, Contract No. IE, Electrical Construction, City Contract No. 91796300: New Work Item No. 1 Repair of tunnel wiring at the Massachusetts Avenue Pumping Station for all four tunnels. Increase: $11,628.00 Costs have been reviewed by the Department of Public Works and have been found to be fair and equitable. SUMMARY: Original Amount of Contract $ 314,620.00 Change Order No. 1 - Increase $ 11,628.00 CURRENT AMOUNT OF CONTRACT $ 326,248.00 Funds in the amount of $ 11,628.00 are available in the Division of Water's 416982-012-00-000 Capital Projects Fund I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 37 Change Order No. 2 - Massachusetts Avenue Pumping Station Upgrades Contract No. 1G - General Construction I hereby submit to your Honorable Body the following Change Order No. 2 with John W. Danforth Company for work relating to Massachusetts Avenue Pumping Station Upgrades, Contract No. 1 G - General Construction, City Contract No. 91795400: New Work Item No. 1 Purchase pumps, hoses, flanges and fittings for submersible pumps needed for the dewatering of the tunnel. Increase: $11,184.00 Costs have been reviewed by the Department of Public Works and have been found to be fair and equitable. SUMMARY: Original Amount of Contract $ 1,459,900.00 Change Order No. 1 - Decrease $ 53,483.00 Change Order No. 2 - Increase $ 11,184.00 CURRENT AMOUNT OF CONTRACT $ 1,417,601.00 Funds in the amount of $11,184.00 are available in the Division of Water's 416982-012-00-000 Capital Projects Account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 38 Change Order No. 2 - Waterline Replacement Amherst and Linden Streets City Contract No. 91755300 I hereby submit to your Honorable Body the following Change Order No. 2 with Nichter Construction Company for work relating to Waterline Replacement - Amherst and Linden Streets, City Contract No. 91755300: Work Item No. 01.300 Engineer's Office Contract called for six months rental. Seven months of rental actually used. Increase: $ 1,100.00 Work Item No. 09.104 Ductile Iron Pipe 4" Contract called for 40 l.f. of 4" ductile iron pipe. 35.50 I.f. of pipe actually used. Decrease: $ 28.35 Work Item No. 09.106 Ductile Iron Pipe 6" Contract called for 260 I.f. of 6" ductile iron pipe. 295.48 I.f. of pipe actually used. Increase: $ 629.77 Work Item No. 09.108 Ductile Iron Pipe 8" Contract called for 5,020 I.f. of 8" ductile iron pipe. 4,766.75 I.f. of pipe actually used. Decrease: $ 14,536.55 Work Item No. 09.112 Ductile Iron Pipe 12" Contract called for 3,360 l.f. of 12" ductile iron pipe. 3,191.55 I.f. of pipe actually used. Decrease: $ 11,682.01 Work Item No. 09.410 Waterline Pipe Specials Contract called for 5,000 lbs. 10,710 lbs. actually used. Increase: $ 6,281.00 Work Item No. 09.504 Water Valves & Boxes 4" Contract called for four 4" water valves & boxes to be installed. Two were actually installed. Decrease: $ 680.00 Work Item No. 09.506 Water Valves & Boxes 6" Contract called for thirty-eight 6" water valves & boxes to be installed. 34 were actually installed. Decrease: $ 1,548.00 Work Item No. 09.508 Water Valves & Boxes 8" Contract called for five 8" water valves and boxes to be installed. Seven were actually installed. Increase: $ 1,012.00 Work Item No. 09.710 Corporation Stop/Tap Contract called for two hundred and forty-five corporation stops/taps to be installed. 192 were actually installed. Decrease: $ 3,233.00 Work Item No. 09.720 Curb Stops Contract called for 220 curb stops to be installed. 185 were actually installed. Decrease: $ 630.00 Work Item No. 09.740 Water Service Pipe Contract called for 5,500 l.f. of pipe. 5,086.32 I.f. of pipe was installed. Decrease: $ 10,342.00 Work Item No. 09.745 Water Service Pipe Reconn. Contract called for 220 each to be installed. Six were actually installed. Decrease: $ 235.40 Work Item No. 09.814 Water Service Box Complete Contract called for 220 each to be installed. 186 water service boxes were actually installed. Decrease: $ 1,275.00 Work Item No. 09.910 Install Fire Hydrants Contract called for 16 fire hydrants to be installed. 18 were actually installed. Increase: $ 572.00 Work Item No. 2 - Service Cuts Linden Contract called for 35 cuts to be made. 41 were actually made. Increase: $ 11,002.11 New Work Item No. 4 Delaware & Linden 16" G.V. Replacement Increase: $ 8,540.25 New Work Item No. 5 Colvin - 16" G.V. Replacement Increase: $ 6,065.75 New Work Item No. 6 Excavate service at 595 Linden Avenue Increase: $ 304.21 Costs have been reviewed by the Department of Public Works and have been found to be fair and equitable. SUMMARY: Original Amount of Contract $ 768,405.00 Change Order No. 1 - Increase $ 135,537.43 Change Order No. 2 - Decrease $ 8,683.22 CURRENT AMOUNT OF CONTRACT $ 895,259.21 Funds in the amount of $ 8,683.22 are to be credited to the Division of Water's 416-982-003-00-000 Capital Project Account. 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 October 30, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue Change Order No. 1 to Nichter Construction Company, changes resulting in a net increase in the amount of $135,537.43, and Change Order No. 2 for changes resulting in a net decrease in the amount of $8,683.22, as more fully described in the above communication, for work relating to Waterline Replacement - Amherst and Linden Streets, City Contract No. 91755300. Funds to be credited to the Division of Water's 416-982-003-00-000 Capital Project Account. PASSED. AYES- 12 NOES- 0 No. 39 Change Order No. 1 Watermain Replacement - Peter, Bush, Howell, Germain Streets City Contract No. 91770100 I hereby submit to your Honorable Body the following Change Order No. I with Nichter Construction Company, Inc. for work relating to Watermain Replacement - Peter, Bush, Howell and Germain Streets, City Contract No. 917701 00: Work Item No. 01.300 Engineer's Office Contract called for five months rental. Six months of rental. Increase: $ 1,100.00 Work Item No. 09.104 Ductile Iron Pipe 4" Contract called for 10 I.f. of pipe. 4.25 I.f. of pipe was actually used. Decrease: $ 36.22 Work Item No. 09.106 Ductile Iron Pipe 6" Contract called for 100 I.f. of pipe. 102.50 I.f. of pipe was actually used. Increase: $ 40.50 Work Item No. 09.108 Ductile Iron Pipe 8" Contract called for 5,120 I.f. of pipe. 293.50 I.f. of pipe was actually used. Decrease: $ 16,905.60 Work Item No. 09.31606 Tapping Sleeve Contract called for 8 tapping sleeves and G.V. 6" x 6". Only 4 were actually used. Decrease: $ 5,146.00 Work Item No. 09.410 Waterline Pipe Specials Contract called for 2,200 lbs. 2,024 lbs. were actually used. Decrease: $ 193.60 Work Item No. 09.506 Water Valves & Boxes 6" Contract called for 10 each. 11 water valves and 6" boxes were actually used. Increase: $ 387.20 Work Item No. 09.508 Water Valves & Boxes 8" Contract called for 5 each. 8 water valves and 8" boxes were actually used. Increase: $ 1,518.00 Work Item No. 09.7 1 0 Corporation Stop/Tap Contract called for 260 corporation stops/taps. 255 were actually used. Decrease: $ 295.00 Work Item No. 09.720 Curb Stops Contract called for 235 curb stops. 255 were actually used. Increase: $ 360.00 Work Item No. 09.740 Water Service Pipe Contract called for 5,800 l.f. of water service pipe. Only 4,992.50 l.f. was used. Decrease: $ 20,187.50 Work Item No. 09.745 Water Service Pipe Reconn. Contract called for 25 each. No reconnections were used. Decrease: $ 5,575.00 Work Item No. 09.814 Water Service Box Complete Contract called for 235 water service boxes. 255 were actually used. Increase: $ 760.00 New Work Item No. 1 Fire hydrant - Germain and Amherst. Addition to contract. Increase: $ 1,312.20 Costs have been reviewed by the Department of Public Works and have been found to be fair and equitable. SUMMARY: Original Amount of Contract $ 518,085.00 Change Order No. 1 - Decrease $ 42,861.02 CURRENT AMOUNT OF CONTRACT $ 475,223.98 Funds in the amount of $42,861.02 are to be credited to the Division of Water's 416-982005-00-000 Capital Projects 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 November 9, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1 to Nichter Construction Company, Inc., changes resulting in a net decrease in the amount of $42,861.02, as more fully described in the above communication, for work relating to the Watermain Replacement - Peter, Bush, Howell and Germain Streets, City Contract No. 91770100. Funds to be charged to the Division of Water's 416-982-005-00-000 Capital Projects Fund. PASSED. AYES- 12 NOES- 0 No. 40 Procedure For Installation of Curb Cuts (Item No. 175; C.C.P. 10/31/95) The Department of Public Works Standard Specifications specify: "The surface of all sidewalk ramps shall be stable, firm, and slip resistant. A coarse broom finish perpendicular to the ramp slop is acceptable on cement concrete curb ramps". The above resolution calls for grooves, indentations or bumps, all unacceptable to this department, for the following reasons: 1. Grooves and indentations have been used and discontinued. A. Fill with water and freeze during the winter months. B. Become a tripping hazard, especially for women in high heels. 2. Bumps: A. Tripping hazard for pedestrian traffic B. Contrary to the purpose of wheel chair ramps Sidewalk ramps were designed for wheel chair use and this department, the State of New York, and the Federal Government have not been able to come up with a specification that will work for all persons with disabilities. REFERRED TO THE COMMITTEE ON FINANCE. No. 41 Certificate of Appointment Appointment Effective November 6, 1995 in the Department of Public Works, Division of Buildings Christopher J. Maggio, 301 Potomac Avenue, Buffalo 14213 to the Position of Mason, Provisional, at the Intermediate Starting Salary of $26,024. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 42 Checks Received Item No. 104, C.C.P. 2/2/88 Per C.C.P., No. 104 of February 2, 1988, hereto, please find copies of the following checks: 8155-00101621 $ 3314.40 8155-00101614 1561.80 8155-00101632 2132.62 8155-00101624 1702.80 8155-00101623 4713.60 8155-00101663 142.50 8155-00101658 589.20 8155-00101660 585.60 8155-00101686 1732.30 8155-00101691 6633.60 8155-00101685 5924.10 Total Deposit $ 29,032.52 The above referenced property has been administratively forfeited by the Drug Enforcement Administration. (DEA). These checks were received by this Department and duly deposited in the Trust & Agency Account, 610-200-217-00-300. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. No. 43 Request Salary Ordinance Amendment For 1 Report Technician We are requesting the addition of 1 Report Technician to our budget line for account number 20-1-011 - Detective Bureau. The reason we are asking for this position is because we have been advised by the FBI that they will reimburse the Department for this position. They will not exceed $12.00 per hour, as per the attached agreement. The salary range for a Report Technician is $21,126 $23,588. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE COMMISSIONER OF ADMINISTRATION & FINANCE. FROM THE COMMISSIONER OF FIRE No. 44 Calls To Peace Bridge Authority Attached is a list of calls made to the Buffalo Fire Department regarding the Peace Bridge Authority - I Peace Bridge. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CORPORATION COUNSEL No. 45 Waive Demo Costs 62 Edna Place Item No. 187, C.C.P., 10/31/95 Opinion No. 95-58 You have requested an opinion from the Law Department regarding the City of Buffalo's ability to waive the demolition costs charged to the owner of 62 Edna Place. 62 Edna Place was destroyed by a fire, which started in the vacant property at 60 Edna Place. The owner of 62 Edna Place, an indigent and blind senior citizen, does not have fire insurance and cannot afford to pay the City's demolition charge. The demolition charge assessed against the owner of 62 Edna Place is charged pursuant to Section 113-3 of the Code of the City of Buffalo. This charge is a legally incurred debt owed to the City of Buffalo. Waiving the charges without receiving adequate consideration would be an illegal gift of public funds in violation of the Constitution of the State of New York, Article VIII, Section 1. Public funds cannot be used solely to create a benefit for a private citizen. There is no public purpose to serve in waiving the demolition charge. The City cannot waive the demolition charges for 62 Edna Place because to do so would be a gift of public funds. It is unfortunate that the owner of 62 Edna Place did not have fire insurance. However, the City cannot afford to waive demolition charges for every citizen who lacks insurance. Although the City is self insured, it is not the insurer of people who do not purchase insurance to protect their assets. To waive the demolition charges in a case like this would invite anyone who did not carry insurance to ask the City to cover their loss and could encourage people not to purchase insurance. REFERRED TO THE COMMITTEE ON FINANCE. No. 46 Procedures to Transfer Bennett Beach Item No. 224, C.C.P., 10/3/95 Item No. 31, C.C.P., 10/31/95 Item No. 191, C.C.P., 10/31/95 After the completion of an environmental assessment by the City, the transfer of Bennett Beach must be approved by both the Common Council and the Erie County Legislature. When both of these legislative bodies have approved the transfer, the Law Department is prepared to work with the County Attorney's office to expedite the matter. This supplements our previous communication, Item No. 31, C. C. P., October 31, 1995, which is now before the Committee on Finance. REFERRED TO THE COMMITTEE ON FINANCE. No. 47 Reimbursement of 75% of Costs For Refurbishment of Plymouth/Jersey Fire Station Item No. 21, C.C.P., 9/19/95 You have requested information regarding whether the City of Buffalo qualifies for reimbursement of up to seventy-five percent (75%) of its costs in relation to a potential refurbishment of the Plymouth and Jersey Buffalo Fire Department Station House (the "Fire Station"). The New York State Occupational Safety and Health Hazard Abatement Board ("Hazard Abatement Board"), pursuant to Section 27-a of the New York State Labor Law, the Public Employee Safety and Health Act, may reimburse up to seventy-five percent of the necessary and reasonable costs of capital abatement projects for certain political subdivisions of the State upon a determination by the Public Employee Safety and Health Bureau ("PESH") that violations exist. However, there is no guarantee that the City will receive any reimbursement even if it is eligible. In addition, any claim which is approved is subject to appropriations by the State Legislature. Once PESH has either issued violations or made hazard abatement recommendations about a subject property, the City is eligible to apply for funding. The application process consists of two parts, a Request for Review of the Capital Abatement Project Design (the "Request Form") and an Application for Capital Abatement Project Funding (the "Application Form"). The Request Form must be prepared in duplicate for each property involved and each copy must contain the original signature of both the Mayor and the Comptroller. A copy of the Hazard Abatement Recommendation issued to the property must also be submitted. A brief statement of how the proposed project design will abate the hazards indicated and the estimated cost of the project design must be attached. Any plans, blueprints, sketches or detailed specifications which describe the proposed project design should be included. This information will be retained by the Hazard Abatement Board. The Hazard Abatement Board will review the Request Form to insure that the project design meets all PESH requirements for capital improvements and to obtain any further information, if necessary. If the project is disapproved, the Hazard Abatement Board will indicate the reasons why and allow a modified proposed to be submitted for reconsideration. If the proposed project design is approved, the applicant will be sent an Application Form with a letter formally approving the project design. The Application Form must be completed in duplicate and contain the original signatures of both the Mayor and the Comptroller. Supporting documentation for the estimated costs and the letter approving the project design must also be submitted. Once the City of Buffalo goes through this process, it may receive up to seventy-five percent (75%) of its necessary and reasonable costs of abating the Fire Station at Plymouth and Jersey. The Fire Station was cited for several violations by PESH in September, 1993. PESH also issued a Hazard Abatement Recommendation at that time. A Request for Review Form has not been submitted to the Hazard Abatement Board in relation to this property. It should be noted that the Hazard Abatement Board is backed up on unpaid claims which have been approved and owes hundreds of thousands to other political subdivisions. To date, there has been no appropriation in the State budget to pay for these claims and there is uncertainty whether the program will continue to be funded. However, the Hazard Abatement Board is still accepting applications until it is certain that funding has ceased. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 48 EAF 718 Elmwood Avenue Item No. 85, C.C.P., 10/31/95 Attached for your information is the Short Environmental Assessment Form for the matter referenced above. Mr. Pitts moved: That the communication from the Division of Planning, dated November 8, 1995, be received and filed; and That "Robert Mollot - Request to Establish a Restaurant at 718 Elmwood Avenue" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval authority over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment Form (EAF) on this item which has been completed by the applicant (Part 1) and by the City Planning Board (Part II) and Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration. ADOPTED. No. 49 EAF Rezone 570 Kensington Avenue from R2 to CM Item No. 84, C.C.P., 10/31/95 Attached for your information is the Short Environmental Assessment Form for the matter referenced above. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 50 EAF - Fibron Products Inc. 170 Florida Street (corner Jefferson) Item No. 85, C.C.P., 10/17/95 Attached for your information is the Short Environmental Assessment Form for the matter referenced above. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 51 Section 108 Funds - City of Buffalo Department of Fire Purchase of 5 Fire Engines Permission is requested of your Honorable Body to utilize a $2,235,000.00 Community Development Block Grant Section 108 Guaranteed Loan for the following activity to be undertaken by the Buffalo Enterprise Development Corporation, as program administrator. 1) $2,235,000 loan, for a term of 10 years, for the Purchase of Fire Engines. 2) The financing will provide the funds to purchase 5 fire engines to replace the 5 engines that were removed from fire service. 3) The interest rate assessed will be at the prevailing Section 108 rate on the following conditions: - a first lien on the subject vehicles for the benefit of BEDC and the City. - approval of such loan by the BEDC Board of Directors. - approval of such loan by the City of Buffalo Urban Renewal Agency. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 52 Re-Use of Mem. Aud The re-use of the Aud is limited by non-compete provisions with the Crossroads Arena and its site and specialized construction. However, a number of ideas and suggested uses have been put forth and reviewed regarding Aud Re-Use. Ideas presented to date include an Urban Entertainment Center, a Military Museum and display space. Each of these ideas have has preliminary discussions and probably have no greater than a ten percent (10%) change of Completion. The Horizons Commission completed two studies which suggested conversion to a multi-faceted Harbor Center Museum. The cost estimate was $75.0 million, with $67.5 million required from the public sector (see attached). There has been no substantive follow-up to this project since 1994. Development Downtown, Inc. (DDI) in September authorized a seven month $250,000 study of downtown waterfront development options. This study will examine different options for the Aud's re-use as part of the overall downtown waterfront study. There is no reason to believe a viable use will be ready to be implemented by October 1996, given the substantial cost and lead time required to do projects of major magnitude. Therefore, an estimate of the City's carrying cost to mothball the structure will have to be prepared for Fiscal 96-97. REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE. No. 53 Change in Contract No. 91833700 No Change in Cost Niagara Street Curbs & Walks During the construction of the curbs and walks on Niagara Street, certain unit price items not included in the original contract were required. This is due to community and other departments' requests, plus unforseen conditions. Therefore, we recommend the following work items be added and deleted from Contract No. 91833700 with Destro and Brothers Concrete Co., Inc.: New Contract Items Item No. R05.254-411 Colored Concrete 2,412 s.f.@ $5.00 per s.f. $12,060.00 Item No. 06.2200 - Fire Alarm Pedestal 1 Pedestal @ $3,000.00 each 3,000.00 Signage Item No. 647.01 - Removal of Signs 69 removals @ $25-00 per each 1,725.00 Item No. 647.10 - Relocation of Signs 16 relocations @ $160-00 per each 2,560.00 Item No. 645-07 - Guide Signs 59 Guide Signs 0 $200.00 per each 11,800.00 Item No. 645.26 - Traffic Signs 7 Traffic Signs @ $250.00 per each 1,750.00 Total Cost New Items $32,895.00 Delete Contract Item Item No. 05.204 Concrete Sidewalk 4 inch 13,998.0 s.f. @ $2.35 per s.f. $32,895.00 Contract Summary Original Contract Amount $583,513.75 Total Cost New Items 32,895.00 Total Cost Delete Item (32,895.00) New Contract Amount $583,513.75 The above contract items have been negotiated and approved by the Department of Public Works. No additional funds are required since the contract amount is not changed. Mr. Pitts moved: That the communication from the Department of Community Development, dated November 8, 1995, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue a change order at no cost to Destro and Brothers Concrete Co., Inc., as more fully described in the above communication, for work relating to curbs and walks on Niagara Street, Contract No. 91833700. PASSED> AYES- 12 NOES- 0 No. 54 Establishment of a City Tree Fund There has been considerable concern voiced recently regarding the City enforcement of existing ordinance elements (Chapter 103, Article II, Section 4, Paragraph D and Chapter 4211, Article V, Section 26, Paragraph A) pertaining to preserving the stock of trees in the City of Buffalo. One provision of the Ordinance language requires that during the development process "where the number of trees planted is to be less than the number of existing trees to be removed as a result of the work performed on the site, the owner shall be required to pay the City of Buffalo an amount determined by the Department of Parks to be equal to the value of the unreplaced trees, said payment to be used for the planting of trees within the City of Buffalo". It is the intention of the City to enforce this ordinance. In cooperation with the Department of Parks, the office for the Environment is currently taking the lead and working to put compliance mechanisms in place. It appears that a tree fund has not yet been established to receive payments under the ordinance. Comptroller Joel Giambra's staff indicates that the establishment of T/A account for the tree fund would be the best way to proceed. May we please have the approval of the Council to proceed with the establishment of a T/A account to serve as the City tree fund. REFERRED TO THE COMMITTEE ON FINANCE. No. 55 Information Pertaining to Digital Map File Acquired by Community Development From Fairfield Mapping, Inc. Item No. 221 CCP, 10/17/95 OVERVIEW The Division of Planning received approval from the Buffalo Urban Renewal Agency on October 5, 1995, to acquire a digital base map file from Fairfield Digitizing Services, Inc., (FDS) for the City of Buffalo for a cost of $100,242.69 (97,323 parcels @ $1.03 per parcel). This base map, which is a digital representation of the City's parcel-level tax maps. represents the first step in the creation of a multi-user, comprehensive city-wide Geographic Information System (GIS). The parcel landbase information is part of the company's proprietary landbase development program being implemented nationwide. The purchase of this license would allow the data to be used by all City Departments, City-funded agencies, data license and/or third party consultants to the City. The license agreement will be executed pending BURA legal counsel review. WHAT IS A GEOGRAPHIC INFORMATION SYSTEM (GIS)? GIS combines computerized (digital) mapping with data. It is a means by which nearly all information related to City services can be stored, managed, manipulated and analyzed, through statistical, numerical and graphical means. What GIS in it's full form provides is the means to manage information City Departments currently utilize, share this information and digitally display and analyze the information on maps, detailed physical drawings, text reports, or charts and tables. GIS begins with building a computerized (digital) map of the City. Such a map has been completed. and will be purchased by the Division of Planning. The base map can store any geographic information currently stored on paper maps -- streets, Councilmanic boundaries, census tracts, and parcel boundaries, etc. Various databases -- demographic, assessment. physical data, etc. -- are then attached to the map, which allows for statistical or geographical analysis of the data. The power of GIS is that it combines a graphic base map with data. GIS allows users to analyze any data they would otherwise examine, and then see it displayed in the form of a map. GIS is not an exotic technology, but an essential decision making tool used by other municipalities in the County, and Cities across North America. The broader implications of a City-wide GIS is that it would allow for the collection, sharing, and analysis of data currently collected and stored in numerous locations throughout City Hall. By developing such a system. the City can: 1) perform better analysis of information; 2) improve data collection and data sharing within City Hall; 3) better manage scarce resources, and 4) provide more efficient, lower cost information service to the public. POTENTIAL APPLICATIONS OF CITY-WIDE GIS In making its decision to purchase a GIS base map, the Division of Planning assessed the level of need for a GIS, and to insure that the Division would not be re-investing in a system which had already been installed in another Department. Through interviews with other Departments, a series of meetings with other Departments, the Division has determined that: 1) GIS does not at this time exist within City Hall, nor are any Departments building a GIS; and 2) there is not only a very real need for GIS, but that other Departments are extremely interested in making use of a GIS. Council staff, Public Works, Fire, Police and the Assessor's Office have all indicated a need and immediate interest in the application of GIS to their operations. The initial GIS base map in fact, will fill in missing portions. or provide a valuable add-on to existing systems, including the Fire Department's Computer Aided Dispatch system. the Police Department's crime analysis system. the Assessor's office maintenance of City tax maps. and the Department of Public Works Computer Aided Design system and streets inventory. GIS has a wide range of potential applications within City Hall. Some of the immediate functions a fully developed GIS could provide include: Planning and development information: - Base map of all parcels within the City -- detailed with size, ownership, use, and history. - Demographic information -- population. income, etc., stored and analyzed by Council District, Census tract, or Census block group. - All vacant parcels -- size and ownership. Tax assessment and ownership analysis: - Detailed physical description of all City parcels, effectively replacing tax maps now stored on paper (mylar). - Ownership of all parcels within the City, showing assessed value. tax status, tax history, and payment records. - Forecasting tax revenue -- calculations can be performed to assess tax revenue, based on changing land use, ownership. and value conditions. Engineering and architectural information: - All City streets can be mapped, storing condition and repair and maintenance records. - All water, sewer, and utility lines can be mapped, replacing paper maps, and be used for engineering and design work. - Traffic engineering: detailed traffic models can be developed. showing levels of service, turning movements, and required improvements. Crime statistics: - Crime locations and the character of crime can be stored and mapped. Can be used for manpower analyses, etc. Environmental information: - Since the physical condition of all City parcels will be stored. environmental histories can be stored, as can the location of all environmentally sensitive sites. Traffic enforcement: - The locations of all parking meters can be mapped (as has been proposed by the Division of Parking Enforcement), detailing their condition, rates, etc. Regular maintenance programs can be computerized based on this information. - Parking strategies can be better developed, since all parking locations can be mapped, along with rate structures, etc. - Accident incident records can be mapped, showing street locations where safety improvements are most needed. Inspections: - Inspection records can be stored and mapped, allowing for better management and strategic use of inspections manpower. These applications are only a partial list of the potential applications possible with a GIS. Future development of the system depends upon each Department having a commitment to utilizing its potential benefits. NEXT STEPS Coordination and planning are the most critical components of long term GlS success. The Division of Planning has made great effort to insure that the investment in GIS has been coordinated with other data and analysis needs, but this effort must continue in order to provide a comprehensive system that will meet the needs of the various departments. In an effort to coordinate this effort, I am proposing the creation of a City-Wide GIS Steering Committee that will guide the system's planning process. The questions that must be answered as part of the system planning process. The questions that must be answered as part of the system planning process revolve around who will need access to the information in the database, how often, and in what form. The responses will determine the requirements for database content, single or multiple databases, distributed versus centralized processing. data structure, systems management, training, budget requirements, etc. In other words, an in-depth "needs assessment" must be completed for each department prior to developing a long-range GIS plan. The GIS Steering Committee will continue meetings the Division of Planning has been convening with other Departments regarding the development of GIS, but do so in a formally recognized oversight role. We hope to schedule the first meeting of the Steering Committee sometime early December. This date will coincide with the completion of several planning related GIS projects. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF STREETS No. 56 1995-1996 Snow Control Plan Attached is the 1995-1996 Snow Control Plan, presented by the Department of Street Sanitation as per the Charter. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 57 Animal Shelter Revenue Activity from January 1, 1995 to October 26, 1995 Net Sales Quantity Licenses - Regular $8,207.50 469 Licenses - Neutered 237.50 19 Seizure 1 2,340.00 234 Seizure 2 160.00 8 Seizure 3 150.00 5 Seizure Per Day 117.00 39 Adopt Dog 7,550.00 302 Adopt Cat 1,510.00 151 Observation Fee 875.00 35 Rabies Shot 4,272.00 356 Total $25,419.00 RECEIVED AND FILED. No. 58 Certificate of Appointment Appointment Effective October 27, 1995 , in the Department of Street Sanitation, Michael W. Schmitt, 131 Parwood Drive, Cheektowaga, N.Y. 14227, to the Position of Welder, Permanent, at the maximum Starting Salary of $26,231. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION No. 59 Eagle Ridge New Housing Project Approval of LDA Burke Brothers Construction Co., Inc. The City of Buffalo Urban Renewal Agency duly designated Burke Brothers Construction Co., Inc. and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 60 Town Gardens New Housing Project Approval of LDA James Management Co., Inc. The City of Buffalo Urban Renewal Agency duly designated James Management Co., Inc. and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 61 Report of Pre-Demolition Asbestos Removal Various Locations Please be advised that Pre-Demolition Asbestos Removal bid offers were solicited by our department on October 27, 1995 and that the contract will be awarded to the following responsible bidders: ADDRESS AND OWNER CONTRACTOR AND AMOUNT 194 Forest Great Lakes Abatement Co. Inc. BHT Limited $1,297.50 194 Forest Buffalo, New York Please be further advised that our department will solicit bids for the demolition of these buildings upon completion and acceptance of the removal of 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. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated October 31, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of Pre-Demolition Asbestos Removal contract to Great Lakes Abatement Co. Inc. at a cost of $1,297.50, relating to 194 Forest, 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- 12 NOES- 0 No. 62 Report of Emergency Demolition Bids Various Addresses Due to the very serious and hazardous condition of the buildings located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations i.e., in accordance with guidelines outlined in Chapter 113 of the ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on October 31, 1995 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR AND AMOUNT 194 Forest Lebis Enterprises BHT Ltd. $6,850.00 14300 Cornerstore Village Dr. Houston, Texas 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 November 3, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to Lebis Enterprises at a cost of $6,850.00, relating to 194 Forest, 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- 12 NOES- 0 No. 63 Report of Emergency Demolition Bids Various Locations Due to the very serious and hazardous condition of the buildings located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on September 8, 1995 and the contracts will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR AND AMOUNT 1502-04 Genesee J. Martin $7,900.00 City of Buffalo 135 Lathrop & Garage Youngs Auto and House Wrecking City of Buffalo $6,290.00 886 Smith Lebis Enterprises City of Buffalo $5,100.00 328 Wilson J. Martin City of Buffalo $6,600.00 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 October 26, 1995, be received and filed and That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to J. Martin at a cost of $7,900.00, relating to 1502-04 Genesee Street; to Youngs Auto and House Wrecking at a cost of $6,290.00, relating to 135 Lathrop & Garage; to Lebis Enterprises at a cost of $5, 100.00, relating to 886 Smith; to J. Martin at a cost of $6,600.00, relating to 328 Wilson; are hereby confirmed, ratified and approved, with said cost to be charged to Capital Outlay Account #100-241-085-00-900. PASSED. AYES- 12 NOES- 0 No. 64 Report of Emergency Demolition Bids for Various Locations Due to the very serious and hazardous condition of the buildings located at the below stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on September 8, 1995 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR AND AMOUNT 534 Monroe F&R Peter Delmonte Demolition Darryl Graham $87,000.00 125 Clarence Buffalo, New York 1382 Sycamore J. Martin Joseph and Kathy Roos $8,100.00 109 Christine Dr. Amherst, New York 135 Riley J. Martin Jack Crumpton & Ty Edwards $11,500.00 93 Hamlin 335 Summer Buffalo, NY Buffalo, NY Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated October 26, 1995, be received and filed and That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Peter Delmonte Demolition at a cost of $8,700. 00, relating to 534 Monroe F&R; to J. Martin at a cost of $8, 1 00. 00, relating to 1382 Sycamore, at a cost of $11,500.00, relating to 135 Riley- are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-00200000, 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- 12 Noes- 0 No. 65 Report of Emergency Bid Partial Demolition of 514 South Park Due to the very serious and hazardous condition of the building located at the below stated property, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the 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 for the removal of the parapet wall on the west side and south side were solicited on October 26, 1995 and that the contract will be awarded to the following lowest responsible bidder: ADDRESS AND OWNER CONTRACTOR AND AMOUNT 514 South Park Ridge Maintenance Robin R. Block Jr. $1,150.00 82 Amber St. Buffalo, New York We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Pitts moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated October 31, 1995, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to Ridge Maintenance at a cost of $1,150.00, relating to 514 South Park, 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- 12 Noes- 0 No. 66 Home Rental Rehab. 286 Seventh Street I am respectfully requesting your approval for a total of $60,000 of HOME Rental Rehab. funds for property located at 286 Seventh Street. NOTE: These funds will be loaned at 4% for 15 years (see attached BURA item). 286 SEVENTH STREET OWNER(S): Jose Castillo 21 Buffalo Street Hamburg NY 14075 REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 67 R. Kern - Complaints West Side N.H. S. Item No. 73, C.C.P. 10/31/95 The City of Buffalo, through the Buffalo Urban Renewal Agency (BURA), contracts with the West Side NHS for the delivery of housing assistance programs, in accordance with all applicable federal guidelines and regulations that pertain to the use of Community Development Block Grant (C.D.B.G,) dollars. The Department of Neighborhoods, Housing & Inspections, through its Division of Neighborhoods, is responsible for monitoring the BURA housing assistance program contract with the West Side N.H. S. The allegations made by Mr. Richard Kern, MSW, of 354 Baynes Avenue, Buffalo, NY 14213, in Item 473, Common Council proceedings of 10/31/95, pertain to the following issues: Board Membership, Bylaws and Elections - The West Side NHS is a private, nonprofit 50IC(3) corporation, approved by and governed under the laws of New York State. The West Side NHS has been incorporated by the state for the past fifteen (15) years. The Division of Neighborhoods does not have the authority nor does it have cause at this time to intercede in the private affairs of the West Side NHS. The Division of Neighborhoods can provide technical assistance in reviewing bylaws, election procedures, etc. if such a request is made by a contracted agency. In regards to allegations pertaining to possible conflicts of interest, the Division of Neighborhoods would certainly cooperate with an appropriate investigative or legal entity that believes that sufficient evidence exists to warrant a review or investigation of any potential conflicts of interest. Our goal is to build strong neighborhoods and we certainly encourage citizen participation and involvement. It has been our experience that when that energy is focused towards positive, definable goals and objectives, great progress can occur. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 68 Liquor License: 1180 Hertel Avenue Item No. 78, C.C.P. 9/19/95 With regard to the above subject property please be advised of the following inspection results: This property was inspected on October 4, 1995 by Building Inspector Art Kostrzewa. Legal use was established per card file per various permits on file. There are no current open building permits at this time. Computer shows one open letter of violation issued by Inspector Cuccia. The violations cited are to be corrected prior to opening. There are no pending court cases at this time. The new leasee will apply for all appropriate city Licenses. minor work in the interior is cosmetic in nature and does not require a permit. We trust this will satisfy your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 69 Liquor License Applications: 1341 Kensington 320 Pearl St. 718 Elmwood Avenue Item No. 79, C.C.P. 10/3/95 With regard to the above subject properties please be advised of the following inspection results: 1341 Kensington: This was inspected on October 16, 1995. Legal use was established per card file. The computer shows one outstanding letters of violation issued by the District Inspector. Since this inspector is no longer with this department, a new letter of violation has been issued. A copy is attached for your reference. A reinspection will be made on November 13, 1995. The computer shows no open building permits or court action pending at this time. 320 Pearl: Property was inspected on October 16, 1995. Legal use has been established per card file. There are no open letters of violation our outstanding court action pending. Also, there are no open building permits. Minor cosmetic work is being done-permits pending. Inspector Kostrzewa reports the property is in substantial compliance- at this time. 718 Elmwood: An inspection of this property was done on October 16, 1996. Legal use as a restaurant has been established per card file. Note: Card file indicates Council Condition "No alcoholic beverages" as of 3/20/79. There are several minor violations here being tracked by the District Inspector. The computer shows no outstanding building permits, court cases or letters of violation at this time. We trust this will satisfy your inquiry. If you have any questions please do not hesitate to contact this office. REFERRED TO THE COMMITTEE ON FINANCE. No. 70 Liquor License Applications Item #67, C.C.P. 10 17/95 Applications for Coin Controlled Amusement Device, Restaurant, Certificate of Inspection for Public Assemblage, Restaurant Dance, and Music have been submitted by John Bona III, JB3 Inc., 1180 Hertel Avenue on October 10, 1995. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 71 Memorandum of Agreement - Salary Upgrade Painter Local 264, AFSCME, AFL-CIO In resolution of a grievance filed by Local 264, AFSCME, AFL-CIO, the parties have agreed to upgrade the salary of Painter. Further, the parties have agreed to combine the current job duties of Painter with the job duties of Plasterer. The combination of job duties reflects the parties joint, long-term commitment towards the common goal of improving operational effectiveness through the removal of barriers to improvement. This action has the approval of the Commissioner of Public Works, Joseph N. Giambra. We now ask you Honorable Body to approve this Memorandum of Agreement upgrading the classification of Painter from salary grade 14B to salary grade 16B as listed in the current Collective Bargaining Agreement. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CORPORATION COUNSEL. No. 72 Carbon Copies - Request to Open Gift Shop in City Hall No. 70 C.C.P. October 31, 1995. This is in response to your referral of the item referenced above. The department of Administration and Finance has no objection to the concept but believes that this item should be referred to the Law department, General Services and the division of Buildings for their input on the following concerns and questions. Would this item have to be bid or RFPs solicited? I assume this would have to be competitively let. What is the nature of the city's agreement with the stand on the first floor of City Hall? This stand carries cards and a limited number of gifts. Does our current agreement with the owner of this stand contain a non-compete clause? Is there sufficient space in the basement to accommodate a gift shop in light of plans for a consolidated Print Shop and other future uses, e.g., a consolidated mail room? Finally, I note that the vendor making this request has a Williamsville address. I believe if the above concerns are addressed, and all other things being equal, it would be preferable to have a city-based vendor. I trust this response addresses your referral. If further information is required please advise. REFERRED TO THE COMMITTEE ON FINANCE. No. 73 Maintaining Precinct #3. No. 190 C.C.P. October 31, 1995. This is in response to your referral of the above referenced item. The department of Administration and Finance would defer to the Police department on this item. However, as a general principle this department believes that the city should dispose of buildings vacated as a result of consolidation efforts, whether these consolidations relate to Police, Fire or other city departments, unless of course, an appropriate city use can be identified and justified. It is only by moving these properties out of the city's inventory that savings will inure to the Buildings division and additional property tax revenues will be generated. I trust this response addresses your referral. If further information is required please advise. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION. FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION No. 74 Extension of 4 C's Sailing Center Concessionaire Agreement at Bennett Beach Item #112, CCP, April 28, 1992 Attached, please find a copy of a letter request from Mr. Bruce Cowe of 4 C's Sailing Center. Mr. Cowe is concerned about the status of this Bennett Beach Concession for next year. The current contract with 4 C's Sailing Center and the City of Buffalo, Parks Department expires after this season. (Two (2) year term - 1992 & 1993 and a (Two (2) year option - 1994 and 1995.) Due to the unsettled property issue between the City of Buffalo and the County of Erie regarding the Bennett Beach property, we concur with Mr. Cowe's request for a one (1) year extension to the contract. Mr. Cowe is fully aware of the ramifications should an agreement between the City of Buffalo and Erie County be reached before the 1996 summer season. Further, since an agreement has not been reached, the City of Buffalo continues to be liable for the property taxes which have accrued over the past two (2) years (1994 and 1995). Taxes are now accruing for Fiscal Year 1995-96 - Lake Shore School Taxes. Please note that Mr. Cowe is completely up-to-date on rental payments to the City, never has defaulted on any rentals, and will contribute a total of $7,980.00 for the 1995 Season. Under their proposed extension, 4 C's would pay the City of Buffalo $8,000.00 for the 1996 Season, while honoring all terms of the present contract. Under the circumstances regarding the question of who will own or run the beach property, we feel that the granting of an extension to this signed agreement is in the best interest of the City of Buffalo as follows: Provides a revenue to the City general fund. Revenue offsets the property taxes the City incurs as long as we own the property. Does not hinder negotiations with the County or otherwise hinder the City's possible options regarding the property. Actually enhances our bargaining position since 4 C's has before and is willing to do with whoever owns or operates the beach. Operates a Concession that is unique in its nature (not a food concession). When bid out previously (1992, See CCP Approval #38 - Feb. 4, 1992) 4 C's was the sole bidder on this concession. (Authorized CCP #112 - April 28, 1992) Has successfully operated at this location for twelve (12) years, (six (6) years under jurisdiction of the County.) Authorization of your Honorable Body is hereby requested for an extension of this agreement REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION & FINANCE, AND THE CORPORATION COUNSEL. No. 75 Pop Vending Machines at Community Centers & Indoor Pools The purpose of this communication is to inform the Council of a new system for maximizing pop vending machines revenues at Department of Human Services, Parks & Recreation Community Centers. Presently, each of our nine (9) Division of Recreation Community Centers and two (2) indoor pools, has a Pepsi Cola vending machine which is serviced by a third party contractor hired by Pepsi Cola. The contractor fills machines, removes money generated and periodically sends a check to the Parks Department which is then deposited in the general fund. This check represents an unaudited 10% of total sales. This system provides no benefit whatsoever to the Community Center that generates the income. The new system would be a Pilot program that would maximize revenues for the general fund, make monies available to the Centers generating the income, and provide the information needed for a full audit review. The sites chosen include: Asarese-Matters, Delavan Moselle, Hennepin Park, J.F.K., Jubilee, Lanigan, Lincoln, Machnica, and Tosh Collins Community Centers. Also, the Lovejoy Pool and the Connors, Kait, Harrity Pool. In the new system, pop would be ordered from Pepsi on a per need basis. The department would be billed. The staff at the Center, as in years past, would service the machines, fill out a revenue report, and send the money to the Department headquarters for deposit in the Buffalo Recreation Activity Fund, a Trust & Agency Account established with Council approval last year. This system would be similar to the existing system used at our golf courses, ice rinks, etc. with the exception of use of the T & A Account. As you know, golf, ice rink revenues, etc. are deposited directly into the general fund.) Checks would be drawn from the T & A to pay for pop supplies and also to the general fund for the 10% of sales subject to periodic audit review. The profit generated by these sales would be used to supplement current supply lines for program support at Community Centers. The plan, then, is a "win-win" for the general fund, and for the youngsters serviced by the Center. As always, the Commissioner or the Budget Director will be available for your inquiries. We will begin this program shortly unless Council has some objections. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION & FINANCE AND THE CORPORATION COUNSEL. No. 76 L. Miranda - Complaint Tree/Street 152 Kay St. No. 94, C.C.P. July 11, 1995 The above-referenced matter has been referred to me for a report. The above location was inspected by a member of my staff. It has been reported the 33" diameter Silver Maple is located 11 feet from the driveway apron, in need of trimming and has been included in the list submitted to our Trim Contractor. The tree does not appear to interfere with the condition of the driveway apron At present there appears to be no hazard to pedestrians nor is there any problem for vehicles entering or exiting the driveway. As of October 25, 1995, new sidewalks were installed. We are not clear whether Public Works will eventually replace the driveway apron. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BOARD OF EDUCATION No. 77 Supplemental Budget Request Item No. 228, CCP, 10/17/95 The Budget process for the School District has had some extraordinary changes, and I expect additional alterations before the fiscal year ends (ex: Judge Curtin's recent ruling). The original revenue sources sent to the Mayor's office and Administration and Finance detailed the best revenue information the District had in early June. Due to the late passage of the State Budget, the District did not have sufficient time to confer with the State Education Department to change entries which the District knew were incorrect. The timing of the City's request for revenues and the late State budget forced the District to use a figure of $374,266,576. Perusal of the State Budget Bills and corrections at the State Education Department revealed a $14,827,769 increased appropriation. This increased appropriation was presented to the Mayor's office, along with Administration and Finance on July 26, 1995. (The document is attached for your review). The additional $1,706,720 was a surplus for the 1994-1995 fiscal year and it was discovered in late September. The current total increase of $16,534,489 has been used to restore as many of the classroom positions which would have been cut without this restoration. Until Judge Curtin's ruling there were still a couple of hundred District employees on layoff. The supplemental funds have allowed the District to put back in place most of the programs from last year. I can assure you that there are no frills or extras in the School District's budget. My staff is available to discuss this with you at your convenience. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY No. 78 Election of Officers For your information and records, Members of the Buffalo Municipal Housing Authority at their annual meeting on October 26, 1995 elected the following Commissioners as Chairman and Vice-Chairman respectively: Modesto Candelario was elected to serve as Chairman of the Authority for the term commencing October 26, 1995, to the date of the next annual meeting, October 24, 1996, or until his successor is selected. Sherrill Colston was elected to serve as Vice-Chairman of the Authority for the term commencing October 26, 1995, to the date of the next annual meeting, October 24, 1996, or until his successor is selected. Please adjust your records accordingly. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CITY CLERK No. 79 Mayor Reported Out of State I transmit herewith a communication received by me from the Mayor, reporting his absence from the state from Sunday, November 12, from 1:18 PM. until Tuesday, November 14, 1995 at 3:39 PM. RECEIVED AND FILED. No. 80 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 Police Dept. Adm. & Finance - PVB RECEIVED AND FILED. No. 81 Auto Allowance The following departments have filed the required certificate relative to the granting of automobile transportation allowances for employees in their respective departments: Fire Department-Kenneth Poczkalski, Gerald Tomassi RECEIVED AND FILED. No. 82 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 240 Sycamore St. Louis Johnson REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS . No. 83 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor/Mayor Executive- Maxine Hackett Public Works- Christopher Maggio, Sr. Corporation Counsel- Diane Devlin Community Development- Loretta Hoffert Human Services, Parks & Recreation- Patrick Fray RECEIVED AND FILED. No. 84 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority City Planning Board Municipal Housing Authority RECEIVED AND FILED. No. 85 Appointments-Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Appointment Effective November 6, 1995 in the Department of Mayor's Office Programs, Division of Youth Opportunity and Internship Programs, to the position of Intern, Seasonal, William F. Robinson 114 Krettner Street, Buffalo, NY 14206, to the position of Intern, Seasonal, at the Flat Starting Salary of $6.00. Appointment Effective: November 6, 1995 in the Department of Mayor's Office, Division or Youth Opportunity and Internship Programs, to the Position of Intern II, Seasonal at the Flat Starting Salary of $4.25 Karlotta R. Hicks, 19 Bennett Village Buffalo, NY 14214 Salwa Saheed, 166 Greenfield Street, Buffalo, NY 14214 Dayna M. Tortorice, 158 Seymour Street, Bflo., NY 14206 Daniel J. Mitchell, 468 Grant Street, Apt. C., Buffalo, NY 14213 Nedra Commodore, 371 Watson Street, #6 Buffalo, NY 14212 Rebecca Mang, 593 Potomac Avenue, Apt. #2 Bflo., NY 14222 Wilto Brusseau, 102 Harriman, Box 12 , Buffalo, NY 14214 No. 86 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 November 6, 1995, in the Department of Stadium and Auditorium Division of North AmeriCare Park, Gerald Lewandowski, 173 Eden Street, Buffalo, New York 14220, to the Position of Senior First Class Stationary Engineer, Temporary, at the Flat Starting Salary of $7.33 Appointment Effective October 26, 1995 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, Kevin M. McAllister, 424 Dorrance Ave., Buffalo, 14218, to the Position of Senior First Class Stationary Engineer, Temporary, at the flat Starting Salary of $ 7.33. Appointment Effective October 30, 1995 in the Department Stadium & Auditorium, Division of Memorial Auditorium to the Position of Laborer I, seasonal, at the flat Starting Salary of $6.22. Stephen C. Radominski Jr.,133 Weimar St., Buffalo, 14206 Ronald F. Price, 876 Abbott Rd., Buffalo, 14220 Karleen C. Salzer, 762 Taunton Pl., Buffalo, 14214 Appointment Effective November 2, 1995 in the Department of Stadium & Auditorium, Division of Memorial Auditorium, to the Position of Laborer I, seasonal, at the flat Starting Salary of $ 6.22. Keith Plant, 117 Massachusetts Ave., Buffalo, 14213 DEPARTMENT OF PUBLIC WORKS Appointment Effective November 1, 1995 in the Department of Public Works, Division of Buildings, to the Position of Senior First Class Stationary Engineer, Temporary, at the Flat Starting salary of: $ 7.33 Eugene E. Schuta, 64 Shenandoah Road, Buffalo 14220 Appointment Effective November 1, 1995 in the Department of Public Works, Division of Water, to the Position of Clerk, Seasonal, at the Flat Starting Salary of $ 5.20/hr. Maureen Colern, 154 Cushing Place, Buffalo 14220 Jeri F. Penders, 90 Roanoke Parkway, Buffalo 14210 Appointment Effective October 31, 1995 in the Department of Public Works, Division of Buildings, to the Position of Senior First Class Stationary Engineer, Temporary at the Flat Starting Salary of: $ 7.33 Rodney J . Martz, 98 Alsace Avenue, Buffalo 14220 Appointment Effective November 9, 1995 in the Department of Public Works, Division of Buildings, to the Position of Senior First Class Stationary Engineer, Temporary, at the Flat Starting Salary of $7.33. Charles A. Kulp, 1015 Abbott Road, Buffalo 44220 Michael I. Overdorf, 2229 Seneca Street, Buffalo 14210 Peter A. Tabone, 32 Tacoma Avenue, Buffalo 14216 Appointment Effective November 1, 1995 in the Department of Public Works Division of Water to the Position of Account Clerk, Temporary, at the flat Starting Salary of $ 5.46/hr. Kathleen Wachowicz, 81 Barnard Street, Buffalo 14206 Appointment Effective October 27, 1995 in the Department of Public Works Division of Buildings, to the Position of Senior First Class Stationary Engineer, Seasonal, at the Flat Starting Salary of $ 7.33. Edward F. Anken, 73 Houston Street, Buffalo 14220 Thomas J . Binda, 93 Clayton Street, Buffalo 14207 Paul N. Calmes, 159 Como Avenue, Buffalo 14220 Richard J . Isch, 288 Marilla Street, Buffalo 14220 Earl J . Mekelburg, 1186 Seneca Street, Buffalo 14210 Charles D . Sayler, 72 Sidway Street, Buffalo 14210 Edward D . Standish III, 14 Portland Street, Buffalo 14220 Appointment Effective November 6, 1995 in the Department of Public Works, Division of Buildings, to the Position of Second Class Stationary Engineer, Temporary, at the Flat Starting Salary of $5.63. William J. Collins, Jr., 343 Newburgh Avenue, Buffalo 14215 Timothy J. Leary, 67 Dundee Street, Buffalo 14220 Keith Rathbun, 239 Cumberland Avenue, Buffalo 14220 Appointment Effective November 6, 1995 in the Department of Public Works Division of Buildings, to the Position of Senior First Class Stationary Engineer Temporary, at the Flat Starting Salary of $ 7.33. Timothy D. Devany, 79 Marine Drive, Apt. 8B, Buffalo 14202 Dennis P. Hayes, 451 Southside Parkway, Buffalo 14210 DEPARTMENT OF GENERAL SERVICES Appointment Effective November 6, 1995 in the Department Of General Services, Division of Inventory & Stores, to the Position Of Laborer II, Seasonal, at the Flat Starting Salary of $6.92. Jesus D. Acosta, 309 Fargo Avenue, Buffalo, New York 14213 DEPARTMENT OF ADMINISTRATION & FINANCE. Appointment Effective November 3, 1995 in the Department of Administration and Finance, Division of Parking Enforcement, to the Position of Parking Enforcement officer Temporary, at the Flat Starting Salary of $ 6.22/hr. Dennis A. MacMillan, 217 Rebecca Park, Buffalo, NY 14207 Carmen T. Pace, 328 Grant Street, Buffalo, NY 14213 Appointment Effective 11/9/95 in the Department of Administration & Finance, Division of Labor Relations/Civil Service Commission,, to the Position of Clerk, Seasonal, at the Flat Starting Salary of $ 5.20/hr. Diane Lemanski, 126 Peabody Street, Buffalo, NY 14210 Appointment Effective November 13, 1995 in the Department of Administration and Finance, Division of Bureau of Administrative Adjudication, to the Position Of Director of the Bureau of Administrative Adjudication, Permanent, at the Flat Starting Salary of $53,248. Diane Devlin 37 Rand Street, Buffalo, New York 14216 No. 87 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 STREET SANITATION Appointment Effective October 27, 1995 in the Department of Street Sanitation, Mitchell A. Carner, 109 Wood Street, Buffalo, New York 14211, to the Position of Welder, Provisional, at the Minimum Starting Salary of $ 23,260. DEPARTMENT OF HUMAN SERVICES Appointment effective November 06,1995 in the Department of Human Services, Division of Parks, Patrick Fray, 113 Schutrum Street, Buffalo 14212, to the Position of Park Utility Worker, Temporary, at the minimum Starting salary of $22,835. Appointment Effective October 31, 1995 in the Department of Human Services, Parks & Recreation, Division of Youth, Robert O'Sullivan, 229 Winston Road, Buffalo, 14216 to the Position of Assistant Financial Officer Youth, Permanent, at the Minimum Starting Salary of $ 26,396. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 88 BENNETT WELLS POST #1780 Claim - Water Damage - 463 Riley We, your fellow Legionnaires of Bennett Wells Post #1780, are asking for your help. You are probably aware of the recent fire that almost totally destroyed our Post home at 463 Riley St., on September 20, 1995. This terrible fire originated in the vacant house next door at 465 Riley St. This house has been vacant for the past 2 years. We reported this abandoned, unsecured building to the city inspectors on numerous occasions. A city inspector came out to discuss the condition of this vacant building, and reassured us that the city would take care of this matter as soon as possible. Nothing was ever done. Our 2nd Vice Commander spoke with Bill Byers from the mayors task force, requesting some action in having the city secure the building. Walter Miller, the 2nd Vice Commander, said Mr. Byers assured him, that the building would be secured as soon as possible. Nothing was ever done. The building remained open to vandals and transients. On September 20, 1995, the day of the fire, the city inspectors came out to 463 Riley St., and cited Bennett Wells for having a damaged building. Damage that was a result of the fire caused by the unsecured building at 465 Riley St. These are the same building inspectors that would not have the vacant building secured when we requested, but cited us immediately after the fire was put out. The ashes were not even cold. On September 20, 1995, after the fire was out, the two buildings 465 and 467 Riley St., were demolished by the city. They demolished these buildings without turning off the water lines. The water leaked from the 465 Property and reflooded our basement at 463 Riley St., which we had just pumped out our basement on 9/21/1995, following the fire. Walter Miller spoke with a supervisor named John, from the Buffalo Division of Water. He stated that he would check into the matter of removing the water from our basement. To this day, there has been no further communication from the water department. We are asking for your assistance in protecting our building from the weather and any additional vandalism, with no additional cost to the B.W. Post. Presently there is approximately 4 feet of stagnant water standing in the basement. This water is damaging the leased equipment we have stored in the basement. I can be reached at 852-7341 my home, or you may call the 2nd Vice Commander, Walter J. Miller, at 884-104-home, or 690-8011 -pager. Our temporary mailing address is 178 Roebling Avenue, Buffalo, N.Y., 14215. Any assistance you can offer will be greatly appreciated. I hope to hear from you as soon as possible, as time is of the essence. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF NEIGHBORHOODS & INSPECTIONS AND THE CORPORATION COUNSEL. No. 89 BEDC US Dept. HUD Section 108 Loan 400 Elmwood Ave. Item #79, C.C.P. 10/31/95 The BEDC has reviewed the above referenced item and agrees with its content. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 90 ERIE CO. HEALTH DEPT. Rodent Control Strike Force The Health Department provides rodent baiting service for County residents through our Environmental Health Program. Baiting is available for one and two family homes. Recently, two vacancies in our Rodent Control Section were filled. This has helped us decrease the backlog of requests for baiting. We would be interested in participating in the proposed Rodent Control Strike Force. Please contact John Kociela, Director of Environmental Health, regarding our participation. His phone number is 858-7677. RECEIVED AND FILED No. 91 F. C. C. Cable T.V. This letter relates to the complaint you filed concerning the rates charged by your cable television service provider, a subsidiary of Tele-Communications, Inc. ("TCI") for the cable programming service tier. (TCI may operate under a different name in your community.) The Federal Communications Commission ("Commission") is responsible for regulating rates for cable programming service tiers. Cable programming service tiers include all program channels on your cable system that are not included in your basic service tier and that are not separately offered on a pay-per-channel, pay-per-view basis, or new product tier basis. TCI and the Commission's Cable Services Bureau have reached a Proposed Resolution to settle your complaint and others like it. This Proposed Resolution would resolve nearly 2,000 cable programming service rate complaints currently covering approximately 4.6 million subscribers. For your review, we have enclosed a copy of the Proposed Resolution. As a complaining party, you are entitled to review and comment on the proposal during the comment period described below. The Commission will not adopt the Proposed Resolution until after the comment period has closed. Based on the initial review of TCI's proposal, the, Commission believes that the Proposed Resolution is a reasonable approach to resolve pending matters. Under the proposal: 1) TCI will issue subscriber refunds in the form of credits on subscribers' bills in the amount of $1.90 per subscriber for subscribers in franchise areas described in the attached Proposed Resolution, Exhibit I at the time of refund. The $1.90 refund includes interest through March 31, 1996 and will be reflected as a onetime credit on subscribers' bills. TCI will issue the refunds during the later of (i) the January 1996 or February 1996 billing cycle; or (ii) the first monthly billing cycle beginning 60 days after the Effective Date. If refunds are not included in a billing cycle beginning prior to March 1, 1996, TCI will adjust the refunds to reflect additional interest for the period from March 31, 1996 to the date on which the billing cycle that includes the refund ends. 2) TCI will not file any additional FCC Form 1220 cost-of-service rate justifications prior to May 15, 1996 in respect to franchise areas in which a complaint was filed prior to September 15, 1995. TCI will be able to avail itself of other mechanisms under the Commission's rules to recover costs, including abbreviated cost-of-service filings covering upgrades and incentive upgrades. 3) The Commission will find that TCI's cable programming service tier rates on September 15, 1995 comply with Federal regulations. 4) Consistent with the Commission's rules for rate regulated tiers, in the future TCI will be entitled to increase its prices for its regulated tiers to include increases in external costs and inflation adjustments. 5) TCI may move a maximum of any four regulated services to a single migrated product tier on each of its Franchises. TCI will set the initial rate for the migrated product tier at the same level, on a per channel basis, as is set for the regulated tiers. TCI may add new services to the migrated product tier and may increase the price of the tier up to $.20 plus the amount of the program license fee for each new service added. 6) This action does not constitute an admission by TCI of any violation of, or failure to conform to any law, rule, or policy. Your comments on this Proposed Resolution are encouraged and must be sent within 30 days of the date of this letter to: The Secretary Federal Communications Commission 1919 M Street, N.W. Washington, D.C. 20554 Attention: Cable Services Bureau -Tele-Communications, Inc. If you have any questions on this matter, please do no hesitate to contact either William Agee or JoAnn Lucanik at (202) 416-0800. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 93 JAMES PITTS Draft Index To Closing Documents Crossroads Arena Attached is a draft index to closing documents relative to the Crossroads Arena project. REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE. No. 94 K. SWAN BPO Performances in Schools Attached, please find list of free ensemble performances to be performed by BPO for Buffalo Public Schools, REFERRED TO THE COMMITTEE ON FINANCE. PETITIONS No. 95 500 Fuhrmann Blvd. Inc., owner, petition to use 500 Fuhrmann for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 96 First Elmwood Management, owner, petition to use 553 Delaware for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 97 6253 Group, Inc., owner, petition to use 51 Broadway for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 98 John Santor, owner, Dave Damato, operator, petition to use 1292-1300 Hertel for a sit-in restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 99 Midway-Cts. Buffalo Ltd., owner, petition to use 111 James E. Casey for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 100 C. Williams & 0 - Opp. changing name of Sheridan Ave. to Mt. Olive Way. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 101 Buell & 0 - Req. Sound Measurement Test at Gulley's Restaurant, 2192 Niagara REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE, AND THE CORPORATION COUNSEL. REGULAR COMMITTEES CIVIL SERVICE HON. ROSEMARIE LOTEMPIO CHAIRMAN No. 102 Appointment Court Liaison Counselor/Court Program Coordinator That Communication No. 108 September 5, 1995 be received and filed and the Provisional appointment of Henry G. Pirowski stated above at the maximum salary $30,769.00 effective on August 3, 1995 is hereby approved. PASSED. AYES- 12 NOES- 0 No. 103 Info. - Appt. Court Liaison/Crime Analyst (Item # 58 CCP October 31, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 104 Appointment Crime Analyst That the above item be, and the same hereby is, returned to the Common Council without recommendation Mrs. LoTempio now moved: That Communication No. 39 October 3, 1995 be received and filed and the Provisional appointment of Daniel P. Bohen stated above at the maximum salary $39,430.00 effective on September 25, 1995 is hereby approved. PASSED. AYES- BELL, COLLINS, CZAJKA, FRANCZYK, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS ZUCHLEWSKI- 11 NOES- HELFER- 1 No. 105 Info. - Appointment Crime Analyst (Item # 52 CCP October 31, 1995) . That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 106 Appointment - Truck Driver (Item # 39 CCP October 17, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 107 Info. - Appointment Truck Driver (Item # 32 CCP October 31, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 108 Info. - Appointment Truck Driver (Item # 57 CCP October 31, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 109 Appointment - Truck Driver (Corrected) (Item # 39 CCP October 31, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 110 Appointment Electrical Engineer That Communication No. 25 October 31, 1995 be received and filed and the Permanent appointment of Daniel D. Connors stated above at the intermediate salary $36,988.00 effective on October 26, 1995 is hereby approved. PASSED. AYES- 12 NOES- 0 No. 111 Appointment Typist That Communication No. 53 October 31, 1995 be received and filed and the Permanent appointment of Willie McLaughlin stated above at Step 2 salary $20,764.00 effective on October 16, 1995 is hereby approved. PASSED. AYES- 12 NOES- 0 No. 112 Info. - Waive residency - J. Sniderhan - Fire (Item # 55 CCP October 31, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 113 Info. - Waive residency - P. Stafford - Police (Item # 56 CCP October 31, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 114 Notices of Appt. - Temp/Prov/Perm (Item # 68 CCP October 31, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 115 Local 2651 - Health Care Coverage (Item # 75 CCP October 31, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 116 Salary Ordinance Amendment 50 - Department of Human Services, Parks & Recreation 4 - Division of Substance Abuse Services 011 - YDA-DACC Narcotic Control Board (Item No. 182, C. C. P., Oct. 31, 1995) That the Salary Ordinance Amendment as contained in Item No. 182, C.C.P., October 31, 1995, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0 No. 117 Salary Ordinance Amendment 70 - Department of Street Sanitation 0 - Streets 032 - Building & Fleet Maintenance (Item No. 183, C.C.P., Oct. 31, 1995) That the Salary Ordinance Amendment as contained in Item No. 183, C.C.P., October 31, 1995, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0 FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 118 Audited Financial Statements - Water Fin. Authority (Item # 7 CCP October 17, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 119 Conversion of Courtyard all to Gambling Casino (Item No. 213, C.C.P., Sept. 5, 1995) That the Common Council request the Corporation Counsel and the Commissioner of Community Development to request information from Mr. Carl Paladino and the Seneca Indian Nation on any negotiations taking place to develop the Courtyard Mail site as a Gaming Casino. ADOPTED. No. 120 Hollywood Block Club - Sidewalk Exchange/Selkirk (Item # 18 CCP October 31, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 121 Report of Bids-Waterline Improvements-Fargo Avenue, etc (Item No. 19, C.C.P., Oct. 31, 1995) That the Commissioner of Public Works be, and hereby is, authorized to award a contract for Waterline Improvements for Fargo Avenue, Maryland and Jersey Streets to Visone Construction, Inc., the lowest responsible bidder in the amount of $408,634.60 plus $40,863.46 for approved unit prices for a total encumbrance of $449,498.06; with said cost to be charged against the Division of Water's Capital Project Account 416-983-005-00-000. PASSED. AYES- 12 NOES- 0 No. 122 Change in Contract - Col. Ward Pumping Station Indoor Air (Item No. 22, C.C.P.., Oct. 31, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1 to Quality Upgrades resulting in a net increase in the amount of $7,682.00, as more fully described in the above communication, for work relating to Col. Ward Pumping Station Indoor Quality Upgrades, Contract No. 91810000. Funds to be charged to the Division of Water's 416-982-019-00-000. PASSED. AYES- 12 NOES- 0 No. 123 Executed COMBAT Contract (Item # 26 CCP October 31, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 124 Report of Emergency Demolition - 434 Genesee Street (Item No. 44, C.C.P., Oct. 31, 1995) That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to Cedar Wrecking & Salvage at a cost of $24,000.00, relating to 434 Genesee Street, is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Ordinances of the City of Buffalo. PASSED. AYES- 12 NOES- 0 No. 125 Rescind Approval of Demolition - J. Martin (Item No. 48, C.C.P., Oct. 31, 1995) That the Commissioner of Neighborhoods, Housing and Inspections rescind the demolition bid offer of J. Martin in the amount of $6,995.00 as reported in Item No. 68, C.C.P., 12/27/94; and that the charge against Special Assessment Fund #500-000-002-00000, be credited for any sum removed in relation to this offer. PASSED. AYES- 12 NOES- 0 No. 126 City Gap Sheet - 1st Quarter (Item # 51 CCP October 31, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 127 Result Negotiation - Cor. Elmwood/Virginia (Item No. 21, C.C.P., Sept. 19, 1995) (Item No. 137, C.C.P., Oct. 31, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved: That the offer of the Painter's District Council No. 4 Apprentice Fund Painter's District Council No. 4 Inc., in the sum of $575,000 (Five Hundred and Seventy-five Thousand Dollars) to purchase the property described as the Comer of Elmwood and Virginia, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the acquisition of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted. Funds for this acquisition are available in Bond Fund Account 200-402-023. Mr. Zuchlewski now moved to recommit the above item. Seconded by Mr. Bell. LOST. AYES- BELL, COPPOLA, WILLIAMS, ZUCHLEWSKI- 4 NOES- COLLINS, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS- 8 Mr. Pitts now moved the approval of the above item. Seconded by Mrs. LoTempio. LOST. AYES- COLLINS, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS-8 NOES- BELL, COPPOLA, WILLIAMS, ZUCHLEWSKI- 4 Mr. Zuchlewski now moved to reconsider the above item. Seconded by Mr. Bell. LOST. AYES- BELL, COLLINS, FRANCZYK, PERLA, WILLIAMS, ZUCHLEWSKI- 6 NOES- COPPOLA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PITTS- 6 No. 128 Result Negotiation - Cor. Elmwood/Virginia (Item No. 138, C.C.P., Oct. 31, 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. 129 ECIDA - Info. Banks That Receive Financial Assistance (Item # 164 CCP October 31, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 130 Liquor Licenses - 9/5 (Item # 41 CCP October 31, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 131 Liquor Licenses 10/3 (Item # 42 CCP October 31, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 132 Liquor Licenses 10/3 (Item # 13 CCP October 31, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. No. 133 Liquor Licenses 10/17 (Item # 14 CCP October 31, 1995) That the above mentioned Item be and the same is hereby referred to the Mayor. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 134 Niagara Frontier Growers Co-op - Petition to use 1443 Clinton Street - Pole Sign (Item No. 81, C.C.P., Oct. 31, 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. 135 Richard Serra, (All Right Parking) - Petition to Use 196 Franklin Street - Pole Sign (Item No. 83, C.C.P., Oct. 31, 1995) That after a public hearing before the Committee on Legislation on November 8, 1995, the petition of Richard Serra, for permission to use 196 Franklin Street for a pole sign be, and hereby is approved on the condition the sign be no more than 18 feet in height and landscaping be placed at the base of the pole. PASSED. AYES- 12 NOES- 0 No. 136 Mark Davis, Vanguard Industries, Inc. - Petition to Rezone 570 Kensington Avenue (Item No. 84, C.C.P., Oct. 31, 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. 137 Robert Mollot - Petition to Use 718 Elmwood Avenue - Sit-in Restaurant (Item No. 85, C.C.P., Oct. 31, 1995) That after a public hearing before the Committee on Legislation on November 8, 1995, the petition of Robert Mollot, owner, for permission to use 718 Elmwood Avenue for a sit-in restaurant be, and hereby is approved. PASSED. AYES- 12 NOES- 0 No. 138 Use 185 Allen (Item # 4 CCP October 31, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 139 Notification Serial #8537 - 38 only (Item # 22 CCP October 3, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 140 Notification serial #8543 only (Item # 19 CCP October 17, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 141 Encroach Sign - 112 West Chippewa Street (Item No. 25, C. C. P., Oct. 17, 1995) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Stephen Drost, owner of Mojo's Restaurant, located at 112 West Chippewa Street, to install a sign which would encroach city right-of-way at said address which would measure four (4) feet in height and attached perpendicular to the building, 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 signs be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar ($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 signs. PASSED. AYES- 12 NOES- 0 No. 142 Sign ROW - 112 W. Chippewa (Item # 7 CCP October 31, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 143 Info. - Curfew (Item # 26 CCP October 17, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 144 Rodent Control Strike Force (Item # 60 C.C.P. October 31, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. SPECIAL COMMITTEES STADIUM/AUD TASK FORCE HON JAMES W. PITTS CHAIRMAN No. 145 Kavinoky - Crossroad Project Agreements (Item # 98 CCP May 16, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 146 Kavinoky - LDA/Construction Agreement - Crossroads (Item # 182 CCP April 18, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 147 Kavinoky - Revised Sabre's Lease - Crossroads (Item # 86 CCP April 18, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 148 Various Crossroad Project Encroachments (Item # 44 CCP May 2, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 1st Amendment - Agreement - Crossroad Arena (Item # 39 CCP January 10, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 150 Amend Waterfront Plan - Crossroads (Item # 4 CCP September 20, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 151 Neg. Declar. - Crossroad Design Changes (Item # 63 CCP March 21, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 152 Final MOU - Crossroads Arena (Item # 54 CCP April 19, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 153 Kavinoky - Comments on Operating Agreement (Item # 87 CCP April 4, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 154 Kavinoky - Comments on Sabres Lease (Item # 88 CCP April 4, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 155 A. Gardner - Crossroads Arena Status Report (Item # 76 CCP May 17, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 156 CAC - Draft Loan Commitment for Project (Item # 91 CCP October 4, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 157 A.Gardner - Request for Crossroads Financial Info. (Item # 111 CCP March 21, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 158 Crossroad Lenders Co-Op Agreement (Item # 52 CCP April 4, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 159 Sabres - Arena Feasibility Studies (Item # 83 CCP January 22, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 160 Crossroads - Update on affirmative action/Non-relocation (Item # 72 CCP September 20, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 161 Crossroads Compliance w/Affirmative Action (Item # 144 CCP January 10, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 162 By: Mr. Bell Discharge the Urban Renewal Agency Committee Item 214 - CCP, September 14, 1995 - "Preserve Area - Cobblestone District" Whereas: Item 214 - CCP - September 14, 1995 - "Preserve Area - Cobblestone District" is presently before the Urban Renewal Agency Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved That: This Common Council does hereby discharge the Urban Renewal Agency Committee from further consideration of Item 214 - CCP September 14, 1995 - "Preserve Area - Cobblestone District", and said item is now before the Council. Mr. Bell now moved the approval of the above item. PASSED. AYES- 12 NOES- 0 No. 163 By: Mr. Collins Transfer of Funds Common Council - Legislative Mayor & Executive - Executive That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $20,000 be and the same is hereby transferred from the Common Council - Legislative and said sum is hereby reappropriated as set forth below: From: 100 General Fund 01- Common Council 0 - Legislative 001 - Legislative 573 - Engineering and Technical Services $20,000 To: 100 General Fund 03 - Mayor and Executive Department 0 - Executive 001 - Executive Function 112 - Temporary Services $20,000 PASSED. AYES- 12 NOES- 0 No. 164 By: Mr. Collins Public Hearing - Department of Fire Purchase of 5 Fire Engines Section 108 Loan Whereas, Section 108 of the Housing and Community Development Act of 1974 authorized the Department of Housing and Urban Development to offer Section 108 loans for community and economic development projects that cannot be financed from annual grants; and Whereas, The use of Section 108 guaranteed loan funds to purchase 5 fire engines requires the approval of the local governing body. Now, Therefore, Be It Resolved By The Common Council Of The City Of Buffalo: 1. That this Common Council will conduct a Public Hearing regarding the Section 108 loan for the City of Buffalo Department of Fire purchase of 5 fire engines before the Economic Development Committee on November 22, 1995 at 10:00 am. in the Common Council Chambers; and 2. That the City Clerk is hereby directed to publish a notice similar to the attached and marked "Notice of Hearing" in the Buffalo News and the City Record no later than the 15th of November, 1995. ADOPTED. No. 165 By: Mr. Collins: Bond Resolution $150,000 Bonds Reconstruction Museum of Science Account 200-402-032 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $150,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of the Museum of Science Building in the City, at the estimated total cost of $150,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Fifty Thousand Dollars ($150,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of the Museum of Science Building in the City, including improvements to the roof and flashing. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $150,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96, as amended. Section 2.. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction Museum of Science, 1995-96", Bond Authorization Account No. 200-402-032, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $150,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B " construction as defined by Section 11.00 a.11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12. (a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds arid said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: November 14, 1995 LAID IN THE TABLE. No. 166 By: Mr. Coppola Acquiring -Title to the Delavan Armory Whereas, the Delavan Armory is owned by the State of New York, and Whereas, the Delavan Armory has been neglected and is in a deteriorated condition, and Whereas, the Delavan Armory is adversely affecting the neighborhood in which it lies, and Whereas, the City of Buffalo is interested in acquiring the property from the State of New York for the purpose of improving the surrounding neighborhood, and Whereas, pursuant to Chapter 610 of the Laws of 1993, the State Legislature has authorized the City of Buffalo to acquire the Delavan Armory at a price to be agreed upon, and Whereas, the State has requested that the City of Buffalo submit a Common Council resolution authorizing the purchase of the Armory, and It Is Hereby Resolved, that the Director of Real Estate is hereby authorized on behalf of the City of Buffalo to offer the sum of one dollar ($1.00) to the State of New York for the purpose of acquiring title to the Delavan Armory, It Is Further Resolved, that the Comptroller and the Corporation Counsel shall report back to the Common Council the response of the State to this offer. ADOPTED. No. 167 By Mr. Coppola Recovering Stolen Vehicles Whereas: Several constituents, whose cars have been stolen, have experienced problems claiming their vehicles from the city's impound lot once those vehicles have been recovered by the police or parking enforcement; and Whereas: Upon driving at the impound lot to claim stolen vehicles, the owners find that they may not have been informed of the necessity of a release form, and once that form is obtained are then presented with a towing bill-, and Whereas: The owner of a stolen vehicle has already suffered by being deprived of that vehicle and should not have to suffer further because of bureaucratic red tape. Now Therefore Be It Resolved That This Common Council requests that the Director of Parking Enforcement appear at the next Legislation Committee Meeting to explain his current policy for impounded vehicles. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ADMINISTRATION & FINANCE. No. 168 By: Mr. Czajka City Flood Damage Prevention Ordinance Whereas: The city of Buffalo has encouraged private construction of new homes as a means of increasing its tax base- and Whereas: Land along the Buffalo River has been viewed as an attractive site for such construction- and Whereas: The city's Flood Damage Prevention Ordinance (Chapter 189) has been the source of some confusion for prospective builders; and Whereas: Misinterpretation of this ordinance has brought criticism from the State Department of Environmental Conservation; and Whereas: This ordinance would benefit from a re-evaluation. Now, Therefore, Be It Resolved: That the Common Council President appoint a task force to examine this ordinance. ADOPTED. No. 169 By Mr. Franczyk Set Hearing Eagle Ridge New Housing Project Approval of Land Disposition Agreement Burke Brothers Construction Co., Inc. Whereas, Burke Brothers Construction Co., Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and Whereas, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the disposition of a fifteen (15) new residential housing project known as Eagle Ridge New Housing Project in the Community Wide Urban Renewal Demonstration Program Area; and Whereas, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 17th day of November 1995. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock PM. in the Council Chambers on the 28th day of November 1995. ADOPTED. No. 170 By: Mr. Franczyk Payment of Certain Small Claims Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the subject claims are eligible for consideration under the said procedure; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof; Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law. 1. Todd J. Bentley Claim for loss of garbage can at 66 Gladstone Street. $17.00 2. Buffalo Medical Group Denise Callari M.D. Claim for prior fiscal year invoice for services rendered to Police Officer Debra Delano who fell in the garage of Precinct #13 injuring her lower back. The Police Officer has returned to work. $36.97 3. Mary Diehl Claim for loss of garbage can at 62 Bloomfield Avenue. $10.00 4. Pamela Harold Claim for loss of garbage can at 202 Loepere Street. $14.00 5. Richard E. Keller Claim for reimbursement of money paid on a parking ticket on plates that were turned in and replaced. $ 62.00 6. Frederick B. McAdam, M.D. Claim for payment of a prior fiscal year invoice for services rendered to Police Officer Anthony Douglas who injured his back in a struggle with a defendant. The employee has not returned to work. $41.21 7. Scharonda Quarles Claim for loss of garbage cans at 217 Mills Street. $20.00 8. Janis C. Wasch Claim for loss of garbage can at 226 Davey Street. $10.00 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES- 12 NOES- 0 No. 171 By Mr. Helfer Refund Request For Property Lost When the Sewer Backed-up 604 Taunton Place Whereas: On September 27, 1994, Barbara Miner, 604 Taunton Place, experienced a flood in her basement, due to the back up of the sewer; and Whereas: As a result of the sewer back-up, Ms Miner claims to have sustained property damage; and Whereas: Ms Miner submitted a Notice of Claim to the City of Buffalo, Law Department, in the amount of $2,280.00, on October 17, 1994; and Whereas: The City of Buffalo, Department of Law; on behalf of the Buffalo Sewer Authority, denied Ms Miner's claim; Whereas: The north west section of Taunton Place, flooded regularly due to improper maintenance and soil grading by the NFTA- and Whereas: The NFTA has addressed the excess drainage problem on the north west section of Taunton Place; and Whereas: Residents of the north east section of Taunton Place are not experiencing excess exterior drainage, as those on the north west section; and Whereas: The North Buffalo sewer system is and has been a problem for many years, when it rains, many of the sewers back up, causing basement flooding-, and Whereas: Basement flooding may cause damage to property; and Now Therefore it Be Resolved: That this Common Counsel request that this item be place on the next the Claims Committee agenda for review. REFERRED TO THE COMMITTEE ON CLAIMS. No. 172 By Mrs. Lockwood: Strengthening Anti Dumping Ordinance Whereas: A recent incident of illegal dumping of construction debris at an open field off Bailey Avenue was discovered by two Buffalo Police Officers who were watching the defendants while in the act ; and Whereas: The increasing acts of illegal dumping has forced Governor George Pataki to sign a law last August which allows judges to send those convicted of criminal violations to prison. and, Whereas: The existing ordinance in the City Charter needs to be amended to include a more comprehensive role for Buffalo City Court. Now Therefore Be It Resolved That; The Corporation Counsel be asked to review the existing Ordinance to include jurisdiction for Buffalo City Court. ADOPTED. No. 173 By: Mrs. LoTempio Salary Ordinance Amendment 08-0 Department of Law 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 08-0 Department of Law is hereby amended by adding thereto: 1 Assistant Corporation Counsel II $45,335 - $56,502 It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Edward D. Peace, Corporation Counsel and James B. Milroy, Director of the Budget, hereby certify that the foregoing creation of one (1) Assistant Corporation Counsel II position is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the addition of the above position, containing a statement of the duties of said position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Edward Peace Corporation Counsel PASSED. AYES- 12 NOES- 0 No. 174 By: Mrs. LoTempio Ordinance Amendment Chapter 361 -Records The Common Council of the City of Buffalo does hereby ordain as follows: That Section 361-22 of Chapter 361 of the Code of the City of Buffalo be amended to read as follows: B. Exemptions from fee. (1) Any fee provided herein shall not be charged to any law enforcement agency or authority. (2) The following shall be entitled to a search, report and copies without payment of the fees above mentioned: American Red Cross, Buffalo newspapers; Catholic Charities of Buffalo, Inc.; Children's Aid and Society for the Prevention of Cruelty to Children; Civil Air Patrol; International Institute; Jewish Federation for Social Service; Joint Charities and Community Fund; the Salvation Army; and In-Home Support Services Corporation of Western New York. (3) Part time employees of the Lighted Schoolhouse Program shall not be charged a fee for a Police Records Search in connection with their initial application for employment. 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: Mater underlined is new. PASSED. AYES- 12 NOES- 0 No. 175 By: Mrs. LoTempio and Mr. Coppola Lafayette Ice Rink Use By Explorer League Whereas: In September 1994, the North Buffalo Community Development Corporation entered into a five-year agreement with the City of Buffalo to operate the Lafayette Ice Rink at Tacoma near Delaware (No.113, C.C.P. 9/20/94), and Whereas: During the negotiation of this lease agreement, the Common Council insisted that, among other provisions, ice time would be made available for public skating and for the organizations who rented ice time for their hockey programs; and Whereas: Paragraph 3 of the lease states that "The Operator shall be allowed to provide tile activities that it determines appropriate providing that all major tenants occupying the rink in the 1993-94 season will be guaranteed the same days and hours of operation. Any changes in the scheduling will be agreed by the Operator and the existing tenants."; and Whereas: The Explorer Hockey League, an association comprised of teams representing Buffalo Public High Schools, was informed by the operator of the Lafayette Ice Rink that it would not be able to obtain ice time at that facility, despite the fact that several non-city organizations have been able to rent ice; and Whereas: The Explorer League has been in operation for several years utilizing ice time annually at the Bud Bakewell Ice Rink in Riverside Park, the Tim Burvid Rink in Cazenovia Park, and the Lafayette Ice Rink; and Whereas: Denying ice time to the Explorer League at the Lafayette Rink seems to be a violation of the lease agreement, and is definitely a breach to the intent of the Common Council in protecting the availability of ice time for the traditional users of the facility; Now, Therefore, Be It Resolved: That the Common Council request that the Corporation Counsel investigate this matter to determine whether the North Buffalo Community Development Corporation is in violation of the lease agreement by denying the Explorer League ice time at the Lafayette Ice Rink; and Be It Further Resolved: That if the Corporation Counsel determines that the North Buffalo Community Development Corporation has violated the terms of the lease, appropriate actions be taken to compel NBCDC to grant ice time to the Explorer League, or that the City take the steps necessary to void the entire lease agreement. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 176 By: Mr. Perla Appointment of Legislative Assistant Now, Therefore, Be It Resolved-. That the Common Council does hereby appoint Katherine Orlando, 105 Fourteenth St., Buffalo, NY, to the position of Legislative Assistant to Council member, effective October 30, 1995. ADOPTED. No. 177 By Ms. Williams Set Hearing Town Gardens New Housing Project Approval of Land Disposition Agreement James Management Co., Inc. Whereas, James Management Co., Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and Whereas, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the disposition of a eight (8) new residential housing project known as Town Gardens New Housing Project in the Community Wide Urban Renewal Demonstration Program Area; and Whereas, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 17th day of November 1995. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock PM. in the Council Chambers on the 28th day of November 1995. ADOPTED. No. 178 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 Bishop Halton By Councilmember Helfer Felicitation for Buffalo Irish Center By Councilmember Lockwood ADOPTED. No. 179 By: Mr. Zuchlewski Installation of Directory Signs on Elmwood Avenue Whereas: Academic Express, Inc. has developed a very artistic directory sign which they are seeking permission, by the City of Buffalo, to hang at twenty-one (21) different localities along Elmwood Avenue between the Scajaquada Expressway and Allen Street, and Whereas: This poster directory depicts the Elmwood Avenue strip, specifies side streets and indicates the whereabouts of the various businesses along the strip, and Whereas: This proposal has the support and approval of Forever Elmwood which is the Elmwood Avenue merchant group, and Whereas: Each poster will be 40" by 12" and will be installed and maintained by Academic Express, Inc., and Now, Therefore, Be It Resolved: That this Common Council approves the installation of these posters on the poles along Elmwood Avenue with conditions set forth by the Department of Public Works and Corporation Counsel. REFERRED TO THE COMMITTEE ON LEGISLATION THE COMMISSIONER OF PUBLIC WORKS, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL. No. 180 By: Mr. Zuchlewski Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1996 , conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: David Odden Carole Vaccaro Craig E. Speers ADOPTED. No. 181 By: Mr. Zuchlewski Appointments Commissioner of Deeds Required - Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1996, conditional upon the person so appointed certifying, under oath, to their qualifications and filing same with the City Clerk: Gary G. Galante ADOPTED. UNFINISHED BUSINESS No. 182 Bond Res. - $100,000 - Restoration/Monuments (Item 1170, C.C.P., Oct. 31, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mrs. LoTempio. CARRIED. Mr. Pitts now moved that the above item be referred to the Committee on Finance Seconded by Mrs. Lotempio. ADOPTED. No. 183 Bond Res. - $110,000 - Reconstr. Libraries (Item #171, C.C.P., Oct. 31, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. Mr. Pitts now moved that the above be approved. Seconded by Mr. Bell. PASSED. AYES- 12 Noes- 0 No. 184 Bond Res. - $5,000,000 - Bd. of Ed. Desegregation Ct. (Item #172, C.C.P., Oct. 31, 1995) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Bell. Mr. Pitts now moved that the above be approved. Seconded by Mr. Bell. PASSED. AYES- 12 Noes- 0 No. 185 Announcement of Committee Meetings The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Claims Tuesday, November 21, 1995 at 9:00 A.M. Civil Service Tuesday, November 21, 1995 9:00 A.M. Finance Tuesday, November 21, 1995 9:30 A.M. Legislation Tuesday, November 21, 1995 - following Civil Econ Dev. Wednesday, November 21, 1995 2:00 P.M. Urban Ren.Agy Wednesday, November 22, 1995, 10:00 A.M. following Ec. Dev. No.186 Adjournment On a motion by Mr. Pitts, Seconded by Mr. Bell the Council adjourned at 3:32 P.M. Charles L. Michaux III City Clerk