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HomeMy WebLinkAbout96-0430 No. 9 Common Council Proceedings of the City of Buffalo Regular Meeting, April 30, 1996 MAYOR Hon. Anthony M. Masiello COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER Rosemarie LoTempio COUNCILMEMBERS-AT-LARGE Beverly Gray Barbra Kavanaugh Rosemarie LoTempio DISTRICT COUNCIL MEMBERS Alfred T. Coppola Delaware Barbara Miller-Williams - Ellicott David A. Franczyk Fillmore David J. Czajka Lovejoy Byron Brown Masten Robert Quintana Niagara Dale Zuchlewski North Bonnie K. Lockwood South Kevin J. Helfer University REGULAR COMMITTEES CIVIL SERVICE COMMITTEE : David J. Czajka, Chairman, Alfred T. Coppola, Kevin J. Helfer,David Franczyk, Barbara Miller-Williams, Members CLAIMS COMMITTEE : Bonnie K. Lockwood, Chairman, Kevin J. Helfer, Alfred T. Coppola, David Franczyk, Barbara Miller-Williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. Zuchlewski Chairman, Barbara Miller-Williams, Byron Brown, Kevin J. Helfer, Robert Quintana, Rosemarie LoTempio Members. FINANCE COMMITTEE: David A. Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin J. Helfer, Bonnie K. Lockwood, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred Coppola, Chairman, David J. Czajka, Kevin J. Helfer, Rosemarie LoTempio, Robert Quintana Barbra Kavanaugh Members RULES COMMITTEE: James W. Pitts, Chairman, Kevin J. Helfer, Rosemarie LoTempio, Members EDUCATION COMMITTEE: Barbra A. Kavanaugh Chairman, Dale Zuchlewski, Kevin J. Helfer, Beverly Gray, Bonnie K. Lockwood, Barbara Miller-Williams Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Robert Quintana, Alfred Coppola, Kevin J. Helfer. BUDGET COMMITTEE: Rosemarie LoTempio, Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Byron Brown 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; Kevin J. Helfer, Rosemarie LoTempio. TASK FORCES AUDITORIUM AND STADIUM TASK FORCE: James W. Pitts, Chairman, 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, 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, April 30, 1996 at 2:00 P.M. PRESENT- James W. Pitts President of the Council, and Council Members Brown, Coppola, Czajka, Franczyk, Gray, Helfer, Kavanaugh, Lockwood, LoTempio, Pitts, Quintana, Williams and Zuchlewski- 13. ABSENT- None. On a motion by Mrs. LoTempio, seconded by Mr. Czajka, the minutes of the stated meeting held on April 16,, and the Adjourned Session on April 22, 1996 were approved. FROM THE MAYOR No. 1 Appointment & Reappointment of Members to the Commission on Human Relations Pursuant to the provision of Section 285.27 of the Charter of the City of Buffalo, as amended, I hereby appoint the below listed persons as members of the Commission on Human Relations, effective immediately for terms expiring February 27, 2000. APPOINTMENT: Karen M. Welch 792 Ashland Avenue, Buffalo, 14222 Ms. Welsh is a staff attorney with Neighborhood Legal Services,, Buffalo. She was Western Regional Director of the New York Civil Liberties Union from March 1991 to August 1994. At present she is also a Volunteer Attorney with Volunteer Lawyers Project of Erie County. Karen Welch is active in many organizations such as Buffalo Public Interest Law Programs and Association of Women Law Students. While attending LeMoyne College Karen received many awards for being top-ranking student in Economics and Social Science, etc. North District Karen M. Welch is replacing Bernard Matters who is deceased. REAPPOINTMENT: Rev. Robert Beck 142 Prospect Avenue Buffalo 14201 Ellicott District I hereby certify that the above named individuals are fully qualified for appointment and reappointment to the Commission on Human Relations. REFERRED TO THE COMMITTEE ON LEGISLATION No. 2 Appointment/Reappointment Of Members To The Buffalo Emergency Medical Services Board Pursuant to the powers vested in me by Section 6 of the City of Buffalo, I hereby appoint and reappoint the following individuals as members of the Buffalo Emergency Medical Service Board: APPOINTMENT: Joseph R. Takats, D.O. 64 Cleveland Avenue Buffalo, NY 14222 Dr. Takats has been a practicing Emergency Department Physician for 25 years. At present he works at Our Lady of Victory Hospital, Buffalo General Hospital, Millard Fillmore Hospital and several suburban hospitals. He taught pre-hospital and ambulance personnel for 245 years. Dr. Takats term will begin immediately and expire on February 28, 1999. He is replacing Dr. Gregory E. Young, M.D., who has resigned and his term expires on February 28, 1996. REAPPOINTMENT: Rev. John R. Gaglione 65 Brantwood Road Snyder, NY 14226 Rev. Gaglione is being reappointed for a term which will expire February 28, 1999. Dr. Richard S. Elman 77 Twilight Lane Amherst, NY 14051 Dr. Elman is being reappointed for a term which will expire February 28, 1999. I hereby certify that the above named individual are fully qualified for appointment tment to the Buffalo Emergency Medical services Board. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 3 Appointment of Members to the Committee of Substance Abuse Services Advisory Board Pursuant to the powers vested in me by Section 285.27, of Article 14A of the Charter of the City of Buffalo, I hereby appoint the following individuals as members of the Committee of Substance Abuse Services Advisory Board for a term commencing immediately and will expire March 3, 2000: Rev. Arthur Boyd 68 Beverly Road Buffalo 14208 Rev. Boyd is replacing Raymond J. Bennett whose term expired March 3, 1989. Barbara Hicks 74 Claremont Avenue Buffalo 14222 Ms. Hicks is replacing George M. Hardy, Jr. whose term expired March 3, 1989. Michael Norwood 2 East Woodlawn Street Buffalo 14211 Mr. Norwood is replacing Delores Barrett whose term expired March 3, 1993. Hermino Ortiz 174 West Avenue Buffalo 14201 Mr. Ortiz is replacing Jesus Padilla whose term expired December 31, 1994. Terrance Ruefli 262 Summer Street Buffalo 14222 Mr. Ruefli is replacing Natalia Ortiz whose term expired December 31, 1994. Charles Sims 145 Cedar Road Buffalo 14215 Mr. Sims is replacing Shirley Fernandez-Martinez whose term expired December 31, 1994. Robert Stephenson 30 Norwood Avenue Buffalo 14222 Mr. Stephenson is replacing Christine M. Giardina whose term expired January 31, 1995. Michael Williams 102 Stevens Avenue Buffalo 14215 Mr. Williams is replacing Sandra Hawkins whose term expired December 3 1, 1994. I hereby certify that the above named individuals are fully qualified to serve as members of the Committee of Substance Abuse Services Advisory Board.. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 4 Designated Representatives-Special Events Advisory Committee Item No. 223, C.C.P. 2/20/96 Code Ch. 414 The Special Events Advisory Committee has been established, pursuant to 414-3, comprising the following officials or their designated representatives: David F. Granville, Special Events Coordinator and committee chair; Commissioner of Community Development Alan H. Delisle; Commissioner of Police R. Gil Kerlikowske; Commissioner of Public Works Joseph N. Giambra, Commissioner of Street Sanitation Vincent J. LoVallo; Commissioner of Fire Cornelius J. Keane; Director of Licenses and Permits Matthew J. Baudo; Commissioner of Human Services, Parks and Recreation Daniel T. Durawa; Director of Budget and Management James B. Milroy; Director of Parking Enforcement Leonard G. Sciolino; Director of Recreation James J. Nowicki; Corporation Counsel Edward D. Peace; and Common Council Chief of Staff Michael A. Williams. Designated representatives of these officials include the following: Martin Grunzweig, Department of Community Development; Capt. Martin Jurewicz, Police Department-, John Bidell, Department of Public Works, Pete Rose, Department of Street Sanitation; Lt. Ken Poczakalski, Fire Department; Sal Canazzi, Division of License and Permits; Commissioner Durawa, Department of Human Services, Parks and Recreation-, Charles Leone, Department of Administration and Finance (Budget office); Director Sciolino, Parking Enforcement Bureau; Director Nowicki, Division of Recreation; David R. Hayes, Law Department; and Jay Lynch, Common Council staff. Mrs. LoTempio moved: That the communication from the Mayor, dated April 15, 1996, be received and iled; and That the appointment of members to the Special Events Advisory Committee as listed in the above communication, be and hereby are confirmed. ADOPTED. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 5 Coronation Church. Request to Add Two Beds to an Existing Human Service Provider at 364 Dewitt Street Item No. 88, C.C.P., 4/16/96 The City Planning Board at its regular meeting held Tuesday, April 23. 1996 considered the matter referenced above pursuant to Section 511-136 of the Buffalo Code. Review of Human Service Providers. The applicant seeks to add two beds to an existing 16-bed facility for the rehabilitation of recovering alcoholics. The present facility has been in operation for the past 2 1/2 years. Under SEQR the proposed use is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed expansion on the grounds that there is not a significant concentration of human service providers within a 1/2 mile radius of the site and that the facility has been consonant with the surrounding neighborhood for the past 2 1/2 years. RECEIVED AND FILED. No. 6 R. Chainani. Request to Use 494 Elmwood Avenue for a Sit-In Restaurant with a Sidewalk Cafe Item No. 94. C.C.P.. 4/16/96 The City Planning Board at its regular meeting held Tuesday. April 23. 1996 considered the matter referenced above pursuant to Sections 313-56. 413-59 and 511-56 of the Buffalo Code, the Elmwood Business District and Sidewalk Encroachments. The applicant seeks to convert an existing retail store into a sit-in restaurant. The applicant also seeks to erect a sidewalk cafe which will encroach the right-of-way. The proposed restaurant will have a floor area of approximately 3,390 square feet. The size of the sidewalk cafe was not mentioned in the permit application.. The site is located in the Elmwood Business District which permits such uses but only upon the issuance of a restricted use permit approved by your Honorable Body. Under SEQR the proposed use is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed restaurant and to table the request for a sidewalk cafe until the applicant can provide the Board with more information about the cafe. Furthermore. the Board also recommends that the cafe be reviewed by the Department of Public Works. RECEIVED AND FILED. No. 7 P. Vogel. Request to Use 1472 Hertel Avenue for a Sit-In Restaurant with a Sidewalk Cafe Item No. 90, C.C.P., 4/16/96 The City Planning Board at its regular meeting held Tuesday, April 23, 1996 considered the matter referenced above pursuant to Sections 413-59 and 511-56 of the Buffalo Code, the Hertel Avenue Business District and Sidewalk Encroachments. The applicant seeks to convert an existing retail store into a sit-in restaurant. The applicant also seeks to erect a sidewalk cafe which will encroach the right-of-way. The proposed restaurant will have a floor area of approximately 675 square feet. The sidewalk cafe will measure 4 feet by 8 1/2 feet and will contain two tables. The cafe area will be covered by an awning. The site is located in the Hertel Avenue Business District which permits such uses but only upon the issuance of a restricted use permit approved by your Honorable Body. Regarding the cafe, since there are 20 feet of unobstructed sidewalk at the site. the proposed cafe would not present an obstacle to pedestrians. The proposed restaurant will utilize the existing sign board at the site. Lastly, under SEQR the proposed use is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed restaurant and sidewalk cafe with the following conditions: 1) that no music is played in the cafe area 2) that no trash receptacles are placed in the cafe area. and 3) that the sidewalk cafe close by 11 p.m. daily. RECEIVED AND FILED. No. 8 Request to Place a Sidewalk Cafe at 1108-1110 Elmwood Avenue Item No. 33, C.C.P.. 4/16/96 The City Planning Board at its regular meeting held Tuesday, April 23. 1996 considered the matter referenced above pursuant to Sections 413-59 of the Buffalo Code, Review of Sidewalk Encroachments. The applicant seeks to place a temporary sidewalk cafe which will encroach the right-of-way at an existing restaurant. The proposed cafe will measure 7 feet 4 inches by 51 feet 8 inches. The cafe area will be delineated by a wooden railing. There is 18 feet of unobstructed sidewalk at the site, consequently. the proposed cafe would not present an obstacle to pedestrians. Lastly, under SEQR the proposed use is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sidewalk cafe with the following conditions: 1) that no music is played in the cafe area 2) that no trash receptacles are placed in the cafe area, and 3) that the cafe area close by 11 p.m. daily. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE PRESERVATION BOARD No. 9 Brisbane Realty - Use 395 Main St. Wall Sign Item #156. CCP. September 5, 1996 As previously stated in its September 19, 1995 communication to the Common Council. the Buffalo Preservation Board stated that the structure was not located within a local historic district and therefore, not under the jurisdiction of the Board. Although, the proposed wall sign would be illuminated with a black background and yellow lettering (the corporate colors of Hunt), the Board suggested that the sign colors be softer; i.e.. cream background with green lettering to match trim work. therefore, complimenting the surrounding area. If you should have any questions, please contact Thomas W. Marchese. at 851-5029. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BUFFALO ARTS COMMISSION No. 10 Niagara Square Improvements This is to inform your Honorable Body that work began earlier this season on Niagara Square is progressing and has elicited wide public interest. By the end of April or early May, through the generosity of WIVB-TV Channel 4 and Niagara Mohawk, we hope to plant 20 Red Oak trees and 36 Profusion Crabapple trees, Please see the attached diagram, prepared at no cost by the landscape architectural firm of Wendel and supervised by Dennis Maloney. City Landscape Architect. We respectfully ask your Honorable Body to immediately accept these trees as gifts to the City as the as the timing of this project is critical. The optimal time for planting is fast approaching. Many City departments are coordinating efforts to make this a successful project and we would look forward to meeting with your Honorable Body on any issue related to the plans for Niagara Square. Thank you for your time and attention. Mrs. LoTempio moved: That the communication from the Buffalo Arts Commission, dated April 18, 1996, be received and filed-, and That the Executive Director of the Buffalo Arts Commission be, and he hereby is authorized to accept the trees, as more fully described in the above communication, from WIVB-TV Channel 4 and Niagara Mohawk at no cost to City, to enhance Niagara Square. PASSED. AYES - 13 NOES - 0 No. 11 Canal Society N.Y.S. Historical Marker Mr. Henry Baxter, on behalf of the Canal Society of NYS, has requested permission to install a N.Y.S. marker in Veteran Park (see attached map). The marker will commemorate the western terminus of the Erie Canal. (see attached text) The Arts Commission recommends your Honorable Body authorize a "mere license" for the installation of the marker provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the historical marker be placed a minimum of 18" from the curbing. 3. That the applicant be responsible for locating all existing underground utilities before installation. 4. That the applicant be responsible for maintaining the historical marker. 5. That the applicant supply the City of Buffalo with a certificate of insurance which will indemnify and save harmless the City against any and all loss or damage caused by the installation, maintenance, use and removal of said historical marker. Thank you for your time and attention. Mrs. LoTempio moved: That the communication from the Buffalo Arts Commission, dated April 23, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue a "mere license" to Mr. Henry Baxter, on behalf of the Canal Society of N.Y.S. for the installation of a N.Y.S. marker in Veteran Park, with the terms and conditions as described in the above communication. PASSED. AYES - 13 NOES - 0 No. 12 Guidelines, Policies, and Procedures for The Buffalo Arts Commission The Buffalo Arts Commission is pleased to submit to your Honorable Body the attached document: "Guidelines, Policies, and Procedures for The Buffalo Arts Commission". This document was created after consultation with the Mayor and Common Council President and adopted by The Art.@ Commission at its meeting on March 27, 1996. Thank you for your attention to this matter and we are always available to answer any questions regarding this informational item. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMPTROLLER No. 13 Certificate of Necessity Transfer of Funds Department of Administration and Finance - Labor Relations We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $10,000 be transferred and reappropriated from the Division of Labor Relations, as set forth below: Dated: Buffalo, NY, April 10, 1996 RECEIVED AND FILED. No. 14 Certificate of Necessity Transfer of Funds Public Works - Bond Funds - Division of Engineering 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 $325,431.08 be transferred and reappropriated from the Department of Public Works Division of Engineering -Capital Projects Fund, as set forth below: The amount to be transferred represents an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY April 24, 1996 RECEIVED AND FILED. No. 15 Certificate of Necessity Increased Appropriation North AmeriCare Park - Reserve for Replacements North AmeriCare Park - Machinery & Equipment We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $61,000 in the estimates for the fiscal year beginning April 1, 1996 is necessary in Appropriation Allotments - North AmeriCare Park to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 420-899002 - Reserve for Replacements not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Dated: Buffalo, NY, April 18, 1996 RECEIVED AND FILED. No. 16 Certificate of Necessity Transfer of Funds Division of Budget and Management Division of Engineering 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 Division of Budget and Management Planning for Capital Improvements account, as set forth below: The amount to be transferred represents an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, April 24, 1995 RECEIVED AND FILED. No. 17 Certificate of Necessity Increased Appropriation County Revenue - Sales Tax & Unreserved Fund Balance Various Accounts We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $4,629,163 in the estimates for the fiscal year beginning July 1, 1995 is necessary in Appropriation Allotments - Various Accounts as shown below, to meet contingencies which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase of $2,229,163 in the General Fund County Revenues - Erie County Sales Tax account 100-88920 not otherwise appropriated for any other purpose and $2,400,000 from General Fund Resources - Unreserved Fund Balance account 890-060 not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Dated: Buffalo, NY, April 23, 1996 RECEIVED AND FILED. No. 18 Monthly Overtime Usage Report I am providing the Common Council with the monthly Overtime Usage Report as of March 31, 1996. This report reflects the overtime expenditures for all City departments. It also projects overtime usage for the entire fiscal year based on current expenditure levels. REFERRED TO THE COMMITTEE ON BUDGET. No. 19 Bond Closeouts Board of Education The, City of Buffalo issues bonds to provide, funds to finance, the costs of various capital projects which are described in the bond resolutions submitted to the, Common Council. When we, raise, capital funds by selling bonds, it is reasonably anticipated that all of the projects will proceed timely and binding commitments for the, completion of the, projects will be entered into in a timely manner. Proceeds of bonds not expended for the, object or purpose for which the, bonds were sold must be, applied to the payment of principal and interest on such bonds (Local Finance Law - Section 165.00). The Division of Accounting has been advised by the Board of Education that the, following projects have been completed and the following bond fund accounts should be closed out. Unexpended Restricted Unrestricted Balance for Future For Debt Acct No. 299 Purpose, 3/31/96 Debt Svc Service 970-001 Pur. Wtrfrt Sch. 24,426.43 24,426.43 970-052 Part. Recnstr. Var.Sch. Bldgs. 166,217.75 166,217.75 970-053 Install Htng .& Plumbing Impr. 30,524.98 30,524.98 970-056 Alterations to VariousSchool Bdgs. 129,374.75 129,374.75 970-058 Purchase of Equip. - Sch.l #59 15,900.08 15.900.08 970-064 Recons. of Roof at School #65 28,844.71 28,844.71 970-065 Window Repl. at Sch. #66 7,435.00 7,435.00 970-066 Cafeteria constr. at School #3 33,112.65 33,112..65 970-067 Regents Action Plan Imprs. 81,326.77 81,326.77 970-068 Handicapped Access Program 14,534.92 970-071 Exterior Rehab at Various Schls. 63,060.71 63,060.71 970-072 Window Replace. at Grover Cleve. 101,771.41 101,771.41 970-073 Cafeteria Constr. atSchool #33 26,941.69 26,941.69 970-077 Handicapped Access Prog. 82,471.87 82,471.87 970-080 Window Replace. at School #81 182,821.89 182,821.89 970-081 Window Replace. at School #70 15,473.08 15,473.08 970-086 Handicapped Access Impr. 3,241.63 3,241.63 970-087 Reconstr. and Modern. of Various Bldgs. 15,759.30 15,759.30 970-088 Window Replace. at HutchTech H.S. 40,482.79 40,482.79 970-089 Improv. to Kensington H.S.Elec & Acous. 25,864.98 25,864.98 970-091 Sewer Lines at Hutch Tech H.S. 16,591.40 16,591.40 970-093 Handicapped Access at Var. Schools 77,846,.07 77,846.07 970-096 Exterior Reconstr. Schools #36,38 & 86 98,419.75 98,419.75 970-099 NYS Employees' Retirement Sys. 7,955.04 7,955.04 970-510 Consult.Contr. 2,094.82 2,094.84 970-519 Fire Alarm Tie-in Var. Schs. 1,287.00 1,287.00 970-526 Interior Ren. City Honors 0.02 0.02 1,293,781.49 1,063,221.94 230,559.55 Upon favorable, action by Your Honorable Body, I will close the bond account- and the, amounts restricted for future debt service will be transferred to the debt service reserve. REFERRED TO THE COMMITTEE ON FINANCE. No. 20 Response - Maintenance City-Owned Properties The above resolution has been forwarded to the Committee on Legislation and this office for a response. The item is a request for this office to provide information and plans on how the Division of Real Estate keeps each of its' properties maintained. The Division of Real Estate is responsible for the management, maintenance and disposition of properties under its jurisdiction and control. These properties include City properties abandon for public use (Capital Assets) and in-rem properties (acquired through tax foreclosure). The Division of Real Estate currently has the following number of properties: Improved Properties: Singles 63 Doubles 103 Com. Bldgs. 55 Multiples 37 Total 258 Vacant Lots:3,400 Attached is a memorandum from the Director of Real Estate showing growth in the number of improved properties, since fiscal year 1992-1993 to present. The Division of Real Estate maintenance staff consists of three (3) permanent laborers and two (2) seasonal laborers. Maintenance staff duties include minor maintenance and repair to occupied improved properties, boarding and reboarding of vacant buildings, cutting and cleaning vacant lots and responding to complaint calls. In 1994 maintenance staff responded to over 1900 calls for service, repair, maintenance, etc. In 1995 there were over 2800 calls logged, an increase of over 900 calls. The Division of Real Estate receives assistance from other city departments in our efforts to maintain city properties, i.e. Streets Sanitation assist in pick-up of trash and debris that have been dumped on city lots and assist with grass cutting during summer months. Parking Violations Bureau assists in towing abandoned vehicles from city-owned properties. Also the Department of Neighborhoods, Housing and Inspections assists with the demolition of city-owned properties. The Division of Real Estate is severely constrained by limited budget and manpower in its ability to properly manage and maintain city-owned properties. We have consistently requested additional resources and manpower from the Administration in our budget requests and these requests have consistently been denied and resources and manpower cut when inventories have been increasing. The total 1995-1996 Real Estate Division budget for personnel, maintenance and disposition of property is $269,000. The allocation for materials and staff is $182,507. The allocation for repair and maintenance of city structures for the year totals $33,000. Considering the City's inventory of 258 improved properties, the current budget allocation provides an average of $122.00 per property to cover annual repair and maintenance and $9.00 per property when you include vacant lots. These appropriations are relatively inadequate to maintain and keep properties repaired and expect to generate revenues. The Division of Real Estate generates revenues through the sale and lease of these properties. Average revenues generated, since Fiscal Year 1992-1993 to Fiscal Year 1995-1996 are approximately $747,000 per year. While revenues continue to exceed the expenses, without proper appropriations and manpower to run the Division of Real Estate, revenues from sale and lease will continue to decrease and property maintenance will become even more problematic. I agree with many of the suggestions that were discussed at the Common Council Community Development Committee held on April 24th, 1996. I recommend that the Common Council, various city departments and my office pursue developing a comprehensive plan that deals with the issues of new housing, rehabilitation of city-owned properties, tax collection and the in-rem process. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE PRESIDENT OF THE COUNCIL No. 21 Members-City & County Lead Task Force It is my understanding that the following individuals will serve as the current members of the Joint City & County Lead Task Force: James D. Maddox - Chair Hillary Clarke - Vice Chair Joan Harms - Secretary Grace Andfiette - Treasurer *Ameena Azeem Dan Boody Dr. Melinda Cameron Susanna Gonzalez Beverly Gray - Councilmember At Large Florence Johnson Isaac Johnson (for Florence Johnson) *Michael Kane Linda McGreevy (2nd alternate for Dr. Cameron) Andrew McLellan Crystal Peoples - County Legislator Oscar Rayford *Dawn Sanders *Marixsa Sanders (for Susanna Gonzalez) Kent Sandford Rovena Turner Vivian Turner Johnnie B. Wiley Rev. Gloria B. Wilson Theresa Winkleman (1st Alternate for Dr. Cameron) *New Appointments If you have any questions concerning this matter, please do not hesitate to contact me. RECEIVED AND FILED. No. 22 Members-Lead Task Force In accordance with the resolution sponsored by Councilmember Gray and subsequent discussion with her I would like to appoint the following members to the Lead Task Force: Johnnie B. Wiley Dawn Sanders 297 Hastings Ave., Buffalo, NY 14215 Ameena Azeen 81 Wade Ave., Buffalo, NY 14214 Michael Kaen 20 Britt Ave., Buffalo, NY 14220 Susanna Gonzalez Dr. Melinda Camerson In addition Richard Lippes, Dr. Joseph Syracuse, Melvin Visher, James A. Smith and Marguerita Santana are no longer on the Task Force. Finally, I would rather not appoint alternates. If alternates are used it should solely be a policy of the Task Force. Your cooperation is appreciated. RECEIVED AND FILED. No. 23 Schedule of 1996 Budget Hearings THURSDAY - MAY 2nd 9:00 A.M Common Council Chair: GRAY President of The Council City Clerk Vital Statistics 9:45 A.M. Mayor Executive Zoning Board Advisory Office Parking Enterprise Fund Employment & Training (See Comm. Dev.) Compliance North Americare Park 10:30 A.M. Corporation Counsel 11:30 A.M. Assessment THURSDAY - MAY 2nd 1:30 P.M. Administration & Finance Chair: FRANCZYK Budget Civil Service Commission F.C.A. Labor Relations Parking Enforcement Administrative Adjudication Towing Treasury 2:30 P.M. General Services Chair: FRANCZYK Purchase Inventory & Stores 4:10 P.M. Streets & Sanitation Chair: LOCKWOOD Refuse Vermin/Animal Control Cleaning/Snow Removal Building/Fleet Maintenance FRIDAY - MAY 3RD 9:00 A.M. Police Chair: CZAJKA Administration Adm. & Communication Special Services/Investigation Detective Bureau Line Operations Patrol Services Traffic Services Facilities & Fleet Maintenance Building Maintenance 11:00 A.M. Municipal Housing Authority Chair: WILLIAMS 1:30 P.M. Fire Chair: COPPOLA Fire Fighting Service Fire Prevention Support Services Administrative Training Alarm System Station Maintenance Automotive Equipment 3:00 P.M. Comptroller Chair: HELFER Audit Accounting Collections Data Processing Real Estate MONDAY - MAY 6th 9:00 A.M. Public Works Chair: BROWN Engineering Buildings Water Enterprise Fund-Water 10:30 A.M. Board of Elections Chair: BROWN Kleinhans 1:30 P.M. Neighborhoods, Hsg. & Insp. Chair: ZUCHLEWSKI Housing Inspections Neighborhoods Licenses & Permits 3:00 P.M. Community Development Chair: ZUCHLEWSKI Development Planning Housing Inspections (Prev. NHI) Neighborhoods (Employment/Training) Licenses and Permits WEDNESDAY - MAY 8th 9:00 A.M.Human Services, Pk. & Recreation Chair: QUINTANA Senior Services Substance Abuse Parks Youth Recreation 11:00 A.M. Civic Bodies Chair: QUINTANA 2:00 P.M. Civic Bodies (cont'd) Chair: QUINTANA THURSDAY - May 9th 6:30 P.M. Board of Education Chair: KAVANAUGH RECEIVED AND FILED. FROM THE COMMISSIONER OF PUBLIC WORKS No. 24 Notification Serial #8662 No Standing - Repeal East Delavan Avenue, north side between Bailey Avenue and Norfolk Avenue NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROH. PORT. OF HIGHWAY PROHIBITED PERIOD East Delavan Avenue, north side At all times between Bailey Avenue and Norfolk Avenue This action is being taken to alleviate traffic congestion problems in this area. Old, outdated traffic restrictions will be removed and "No Parking installed. The only on-street business affected is the American Axle plant and they favor these changes. (See next 5 serials) Notification Serial #8663 No Standing - Repeal East Delavan Avenue, north side between Norfolk Avenue and Northumberland Avenue NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROH. PORT. OF HIGHWAY PROH. PERIOD - DAILY East Delavan Avenue, north side 7:00 a.m. - 10:00 a.m. between Norfolk Avenue except Sunday and Northumberland Avenue This action is being taken to alleviate traffic congestion problems in this area. Old, outdated traffic restrictions will be removed and "No Parking" installed. The only on-street business affected is the American Axle plant and they favor these changes. (See previous and next 4 serials) Notification Serial #8664 No Standing - Repeal East Delavan Avenue, north side between Norfolk Avenue and Northumberland Avenue NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following. NO STANDING PROH. PORT. OF HIGHWAY PROH. PERIOD - DAILY East Delavan Avenue, north side 3: 00 p.m. - 6: 00 p.m. between Norfolk Avenue except Sunday and Northumberland Avenue This action is being taken to alleviate traffic congestion problems in this area. Old, outdated traffic restrictions will be removed and "No Parking installed. The only on-street business affected is the American Axle plant and they favor these changes. (See previous 2 and next 3 serials) Notification Serial #8665 Permissive Parking - Repeal East Delavan Avenue, north side between Norfolk Avenue and Northumberland Avenue PERMISSIVE PARKING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be, effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PROH. PORT. OF HGHWY. PROH.PERIOD - DAILY East Delavan Avenue, north side 1 hour parking between Norfolk Avenue 10:00 a.m. - 3:00 p.m. and Northumberland Avenue except Sunday This action is being taken to alleviate traffic congestion problems in this area. Old, outdated traffic restrictions will be removed and "No Parking" installed. The only on-street business affected is the American Axle plant and they favor these changes. (See previous 3 and next 2 serials) Notification Serial #8666 No Standing - Repeal East Delavan Avenue, north side between Cornwall Avenue and Northumberland Avenue NO STANDING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROH .PORT. OF HGHWY. PROH. PERIOD - DAILY East Delavan Avenue, north side 7:00 a.m. - 7:00 p.m. between Cornwall Avenue except Sunday. and Northumberland Avenue This action is being taken to alleviate traffic congestion problems in this area. Old, outdated traffic restrictions will be removed and "No Parking installed. The only on-street business affected is the American Axle plant and they favor these changes. (See previous 4 and next serial) Notification Serial #8667 No Parking - Install East Delavan Avenue, north side between Bailey Avenue and Cornwall Avenue 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 PROH. PORT. OF HIGHWAY PROHIBITED PERIOD East Delavan Avenue, north side At all times between Bailey Avenue and Cornwall Avenue This action is being taken to alleviate traffic congestion problems in this area. Old, outdated traffic restrictions will be removed and "No Parking installed. The only on-street business affected is the American Axle plant and they favor these changes. (See previous 5 serials) Notification Serial #8668 Install Stop Signs (All-Way) in Abby Street at O'Connor Avenue STOP SIGNS (ALL-WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Abby Street O'Connor Avenue This action is being taken due to the recent development of this area, with street reconstructions and new housing, and its intermix with heavy trucking industries. Notification Serial #8669 Install Stop Signs in Bell Street at Abby Street STOP SIGNS - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, Unending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section II of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Bell Street Abby Street These two streets form a "T" intersection which is presently uncontrolled. This action will provide the necessary traffic control for this intersection. Notification Serial #8670 Install No Stopping on Parkside Avenue, west side from south of W. Oakwood Place to north of Robie Street NO STOPPING - 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 28 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STOPPING PROH. PORT.OFHIGHWAY PROH.PERIOD Parkside Avenue, west side At all times from a point 150' south of West Oakwood Place to a point 250' north of Robie Street This action is being taken to update signage in conjunction with the Parkside Corridor Signalization Project. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 25 33 Gates Circle; Portable Sign Within Right-of-Way No. 184, CCP, Apr. 16, 1996 Mr. Angelo Pefanis, owner of the Park Lane Restaurant, located at 33 Gates Circle, has requested permission to install a portable sign within City right-of-way at said address for the period of one year. The Department of Public Works has reviewed Mr. Pefanis' application pursuant to Chapter 387-31 G (Portable Signs) of the City Ordinances and has no objection to Your Honorable Body granting permission for said installation provided the following conditions are met: 1. That permission be for a one year period beginning the day the sign is installed. 2. That the sign be installed as shown on plans submitted to and approved by the Department of Public Works, Division of Engineering. 3. That the applicant be responsible for maintenance of said sign. 4. That the applicant obtain a license for said sign as described in Chapter 175 (Fees) of the City Ordinance. REFERRED TO THE COMMITTEE ON LEGISLATION No. 26 Time Extension Vehicle Storage Building 1120 Seneca Street B. H. Refrigeration Commtech Communications Inc. Ackerman & Huebsch-Allied Fire Protection System, Inc. The consultant engineer for the above captioned project, Paul J. Walsh, P.E., has informed me that due to severe weather conditions during the past winter, completion of construction has been unavoidably delayed. The consultant has recommended a time extension of 45 calendar days which will bring the date of completion of the project to May 15, 1996. I had previously granted a 45 calendar day extension to the general contractor, Midland Empire Constructors, Inc. (Item No.16; C.C.P. 03/05/96). This is the first time an extension has been requested by the following named contractors. The time extension will not increase the overall cost of the project. I am, therefore, advising Your Honorable Body that I have accepted the recommendation of the consultant and have granted a 45 calendar extension to the following contractors: B. H. Refrigeration - Heating Work Commtech Comm., Inc. - Electrical Work Ackerman & Huebsch - Plumbing Work Allied Fire Prot. System, Inc. - Sprinkler System RECEIVED AND FILED. No. 27 Change in Contract 1120 Seneca Street Vehicle Storage Building General Construction Contract I hereby submit to Your Honorable Body the following changes for the construction of the Vehicle Storage Building, 1120 Seneca Street, general construction, Midland Empire Constructors, Inc., No. C 91837100: 1. Increase Widths of Main Doors $ 500.00 2. Undercut 3 piers & part of walls $1,203.00 3. Removal of railroad track $3,120.00 4. Plastic sheet for contaminated material $ 168.43 5. Increase overhead door height at endwall $1,007.00 6. Overhead door operator $ 625.00 7. Credit substituting crushed concrete in lieu of crushed stone - 751.75 $5,871.68 + 15% mark-up 880.75 $6,752.43 Summary: Original Amount of Contract $595,000.00 Amount in Change Order (1) $ 6,752.43 Revised Amount of Contract $601,752.43 These changes could not be foreseen at the time the 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 Account No. 200-401-507-000-000, Division of Engineering. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated April 19, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 1 to Midland Empire Constructors, Inc., changes resulting in a net increase in the amount of $6,752.00, as more fully described in the above communication, for work relating to 1120 Seneca Street, Vehicle Storage Building, General Construction Contract, No. C 91837100. Funds to be charged to 200-401-507-000-000, Division of Engineering. PASSED. AYES - 13 NOES - 0 No. 28 Amendment to Consultant Engineer Contract #91801800 - Amendment #2 DiDonato Associates, P.E., P.C. Item No. 118, C.C.P. 2/21/95 This is to advised Your Honorable Body that I have amended the agreement with the consultant Engineer, DiDonato Associates, P.E, P.C., to perform additional survey, design, and inspection work required for various added Public Works construction projects, for the 1996 construction season, to December 31, 1996. These projects are listed below: Federal Enterprise Corn.- Infrastructure $500,000.00 Smith Street Extension 100,000.00 Ellicott Mall - Infrastructure 250,000.00 Seneca-Swan Conversion 200,000.00 Repair to City Curbs 1996 65,000.00 Repair to Street Cuts 1996 100,000.00 Handicap Ramps 1996 190,000.00 Cold Milling of City Pavements 150,000.00 Repair to Water Cuts 1995/96 250,000.00 City Wide Sidewalk Replacement 1996 200,000.00 NiagaraDistrictSide- walksonElmwood 54,000.00 North District - Elmwood Curbs & Walks 350,000.00 Ellicott District - Streets/Sidewalks 84,000.00 University District - Streets/Side- walks/Curbs 54,000.00 Repair to B. S.A. Street Manholes 1996 100,000.00 Resurfacing of City Pavements 1996/97 410,000.00 Heater/Scarifying of City Pavements 1996/97 390,000.00 Repair to City Pavements 1996 300,000.00 South District - Curbs/Sidewalks 54,000.00 Delaware District - Streets 154,000.00 North Ogden Street Resurfacing 1996 85,000.00 Street Inventory - City Wide 45,000.00 Total Projects $4,085,000.00 Original Contract $ 150,000.00 Amendment #1 $50,000.00 Amendment #2 $150,000.00 Total Contract $350,000.00 Funds for this work will be available in a future bond sale. I respectfully certify that this amendment is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject amendment and authorize the Commissioner of Public Works to issue said amendment to DiDonato Associates, P.E., P.C. REFERRED TO THE COMMITTEE ON FINANCE. No. 29 Amendment to Consultant Engineer Contract #91801300 - Amendment #2 Krehbiel Associates, Inc. Item No. 135, C.C.P. 11/15/95 I hereby submit to your Honorable Body the following amendment to the agreement with the consultant Engineer, Krehbiel Associates, Inc., to perform additional survey, design, and inspection work required for various added Public Works construction projects, for the 1996 construction season, to December 31, 1996. These projects are listed below: Federal Enterprise Corn. - Infrastructure $500,000.00 Smith Street Extension $100,000.00 Ellicott Mail - Infrastructure $ 250,000.00 Seneca-Swan Conversion $ 200,000.00 Repair to City Curbs 1996 $ 65,000.00 Repair to Street Cuts 1996 $100,000.00 Handicap Ramps 1996 $190,000.00 Cold Milling of City Pavements $ 150,000.00 Repair to Water Cuts 1995/96 $ 250,000.00 City Wide SideNvalk Replacement 1996 $ 200,000.00 Niagara District - Sidewalks on Elmwood $ 54,000.00 North District - Elmwood Curbs & Walks $ 350,000.00 Ellicott District - Streets/Sidewalks $ 84,000.00 University District - Streets/Sidewalks/curbs $ 54,000.00 Repair to B. S.A. Street Manholes 1996 $ 100,000.00 Resurfacing of City Pavements 1996/97 $ 410,000.00 Heater/Scarifying of City Pavement 1996/97 $ 390,000.00 Repair to City Pavements 1996 $ 300,000.00 South District - Curbs/Sidewalks $ 54,000.00 Delaware District - Streets $ 154,000.00 North Ogden Street Resurfacing 1996 $ 85,000.00 Street Inventory - City Wide $ 45,000.00 Total Projects $ 4,085,000.00 Original Contract $ 150,000.00 Encumbrance #1 $ 50,000.00 Encumbrance #2 $ 150,000.00 Total Encumbrance $ 350,000.00 Funds for this work will be available in a future bond sale. I respectfully certify that this amendment is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject amendment and authorize the Commissioner of Public Works to issue said amendment to Krehbiel Associates, Inc. REFERRED TO THE COMMITTEE ON FINANCE. No. 30 Seneca/Swan Streets Conversion to Two (2) - Way Traffic Michigan Avenue to Emslie Street (Item No. 35, C.C.P. 03/07/95) I hereby request permission from Your Honorable Body to prepare plans and specifications, and advertise for sealed proposals that will encompass all necessary work for the following project: 1) Conversion of Seneca and Swan Streets to two (2) - way traffic between Michigan Avenue and Emslie Street , Funds for this project will be available in Bond Fund Account 200-401-021-00-000. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated April 15, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to prepare plans and specifications, and advertise for scaled proposals for the Conversion of Seneca and Swan Streets to two (2) - way traffic between Michigan Avenue and Emslie Street. Funds for this project will be available in Bond Fund Account 200-401-021-00-000. PASSED. AYES - 13 NOES - 0 No. 31 Permission to Prepare Plans & Specifications and Advertise Proposals for the Striping of Various City Streets - 1996 I hereby request permission from Your Honorable Body to prepare plans and specifications and advertise for sealed proposals for the projects specified below: 1. Striping of Various City Streets - Lane Lines 1996 2. Striping of Various City Sts. - Cross-Wlks 1996 Funding for this project will be available in Bond Fund #200-401-021-00-000. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated April 23, 1996, be received and filed- and That the Commissioner of Public Works be, and he hereby is, authorized to prepare plans and specifications, and advertise for sealed proposals for the Striping of Various City Streets - Lane Lines and Cross-Walks 1996. Funds for this project will be available in Bond Fund #200-401-021-00-000. PASSED. AYES - 13 NOES - 0 No. 32 Permission to Engage Services of Consulting Engineer - New Watermains at Various Locations - Group A and Group B It is hereby respectfully requested that your Honorable Body authorize the Commissioner of Public Works to engage the services of a Consulting Engineer to prepare plans and specifications, advertise for bid and provide full time field inspection services for the following: New Watermains at Various Locations - Group A: Installing approximately 11,500 I.f. of new 8 inch D.I. watermain to replace existing 4 and 6" cast iron watermains at the following locations: Pries Avenue from Hopkins Street to South Park; Spaulding Street from Hopkins Street to South Park; Mumford Street from Abbott Road to Cumberland Avenue; Hollywood Avenue from McKinley Parkway to Abbott Road; Ashton Place from Zollars Avenue to South Park Avenue; Eden Street from South Park to Abbott Road; Abandonment of approximately 700 l.f. of 6" cast iron watermain and transfer of services on Marilla Street from Zollars Avenue to 700" easterly. This project is estimated at $65,000.00. New Watermains at Various Locations - Group B: Installation of 4,000 l.f. of new 12 inch D.I. Watermains to replace existing 6 and 8", cast iron watermain in Crowley Avenue from Rano Street to Tonawanda Street and in Vulcan Street from Skillen Street to Kenmore Avenue; abandon existing 6" cast iron main in Rano Street from Tonawanda Street to Crowley Avenue and transfer services to the existing 12 inch main in Rano Street; installation of 4,600 l.f. of new 8 inch D.I. watermain to replace existing 6" cast iron main in Crowley Avenue from Niagara Street to Tonawanda Street, Middlesex Road from Delaware Park to Amherst and in North Drive from Sterling Avenue to Parkside Avenue. This project is estimated at $65,000.00. All of the existing waterlines were constructed in the 1880's and are badly deteriorated. Numerous breaks and joint leaks are occurring. All new valves and fire hydrants will be installed to provide a good water supply for both domestic use and fire protection, Funds are available in the Division of Water's 416-982-505 Capital Projects Account. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated April 16, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to engage the services of a Consulting Engineer to prepare plans and specifications, advertise for bid and provide full time field inspection services for New Watermains at Various Locations - Group A and Group B at an estimated cost of $65,000 for each group. Funds for this project will be available in the Division of Water's 416-982-505 Capital Projects Account. PASSED. AYES - 13 NOES - 0 No. 33 Report of Bids Structure Painting & Roof Modification Project at Emerald Channel Intake Contract No. 35 As authorized by your Honorable Body in CCP 39 of June 23, 1987, plans and specifications were prepared and sealed proposals accepted for Structure Painting and Roof Modifications Project at Emerald Channel Intake, Contract No. 35. I submit the following report of all bids received which were opened in my office at 11:00 a.m. on April 23, 1996. C & A Painting Contractors 28 Garden Avenue West Seneca, New York 14224 $ 117,200.00 Amherst Painting, Inc. 318 Sawyer Avenue Tonawanda, New York 14221 $ 213,840.00 Erie Interstate Contractors, Inc. 5428 Genesee Street Lancaster, New York 14086 $ 280,650.00 I certify that the foregoing is a true and correct statement of all bids received and that C & A Painting Contractors, 28 Garden Avenue, West Seneca, New York is the lowest responsible bidder complying with the specifications for Structure Painting and Roof Modification at the Emerald Channel Intake, Contract No. 35. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with C & A Painting Contractors for Structure Painting and Roof Modification at the Emerald Channel Intake, Contract No. 35, the cost thereof to be charged to the Division of Water's 416-982-506-00-000 account in the amount of $117,200.00 plus lot for approved unit prices for a total encumbrance of $128,920.00. The Engineer's estimate for this work was $240,000.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated April 24, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to enter into a contract for Structure Painting and Roof Modifications Project at Emerald Channel Intake, Contract No. 35, with C&A Painting Contractors, the lowest responsible bidder in the amount of $117,200.00. Funds for this project are available in the Division of Water's 416-982-506-00-000 account in the amount of $117,200.00 plus 10% for approved unit prices for a total encumbrance of $128,920.00. PASSED. AYES - 13 NOES - 0 No. 34 Report of Bids Reconstruction of Ladder 12 Amherst & Grant Street I advertised for on April 9, 1996 and received the following sealed proposals which were publicly opened and read on April 23, 1996. Chesley Corp. $71,000.00 The Hadala Corp. $72,300.00 Nichter Associates $76,876.00 BRD Inc. $84,600.00 The C H Byron Co. $91,000.00 Gerald T. Stay Co., Inc. $96,400.00 Williams General Contr. $111,539.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Chesley Corp., in the amount of Seventy One Thousand and 00/100 Dollars ($71,000.00) is the lowest responsible bidders 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 this work will be available in CPF 200-402-008 - Division of Buildings. Estimate for this work was $75,000.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated April 23, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Reconstruction of Ladder 12, Amherst & Grant Streets, to Chesley Corp. the lowest responsible bidder in the amount of $71,000.00. Funds for this project are available in CPF 200-402-008 - Division of Buildings. PASSED. AYES - 13 NOES - 0 No. 35 Bids-Tree Planting Elmwood Avenue Project From Allen to West Delavan This Department prepared plans and specifications for sealed informal proposals for the above project. Bids were opened at I 1:00 am. on April 19, 1996 and were as follows: Gleason's Nursery, Inc. $5,855.00 Low Village Green Landscape $8,132.00 Johnstone Landscape Service, Inc. $ 9,425.00 McVan Landscape $10,400.00 Trumpler Landscape $10,650.00 I hereby certify that Gleason's Nursery, Inc. is the lowest responsible bidder and it is my recommendation that the bid submitted be accepted and the project be charged to: Account# 100-501 Parks 012-00-583. It will be the responsibility of the City of Buffalo to pay for 1/2 of the low bid, in the amount of $2,927.50. This is a pilot project co-sponsored by the Buffalo Green Fund (Elmwood Ave. Project) and the City of Buffalo, Department of Human Services, Parks and Recreation. Payment will be equally shared by both parties. I hereby certify that the foregoing is a true and correct statement of all bids received. Local businessman, Kevin Cummingham, ran a fund-raiser to secure monies for the Elmwood Avenue tree replacement (approx. 50 trees). The Department estimated the cost of the project at $7,600. The Department agreed to match the funds raised to a maximum of half the estimate $3,200. The fund raiser raised approximately $8,000.00. Since the bids came in under estimate, the City's cost will be $2,927-50. Mrs. LoTempio moved: That the communication from the Department of Human Services, Parks & Recreation, dated April 25, 1996, be received and filed and That the Commissioner of Human Services, Parks & Recreation be, and he hereby is, authorized to award a contract for Tree Planting, Elmwood Avenue Project from Allen to West Delavan, to Gleason's Nursery, Inc. in the amount of $5,855.00, the lowest responsible bid. The City's cost will be $2,927.50 for this project. The project shall be charged to Account #100-501 Parks 012-00-583. PASSED. AYES - 13 NOES - 0 No. 36 335 Franklin Street; Install Sidewalk Cafe and Planters Mr. Frank Pandolfino, owner of The Tudor Lounge, located at 335 Franklin Street, has requested permission to install a sidewalk cafe and planters which would encroach City right-of-way at said address. The proposed cafe would measure twenty feet (20') in length and project six feet (6') from the building face into City right-of-way. The two proposed planters would measure five feet (51) by five feet (5'), approximately one foot (1') in height, and contain one small tree in each. Furthermore, the planters would be positioned in a manner so as not to impede pedestrian passage. The Department of Public Works has reviewed Mr. Pandolfino's application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for installation of said sidewalk cafe and planters provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed twenty feet (20') in length or extend more than six feet (6') from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of two dollars per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. (6 x 20 = 120 = $240.00/yr.) 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 37 Niagara Mohawk Power Bi-Annual PCB Report Attached please find the Niagara Mohawk Power Bi-Annual PCB Report which was revised April 18, 1996. This report is sent for information only. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 38 Installation of Outside Gas Meters Item No. 180; C.C.P. 04/02/96 National Fuel Gas Corporation (NFG) must obtain street cut permits from the Department of Public Works, Division of Engineering, as per their franchise agreement, for any excavations within City right-of-way. The above mentioned permit enables NFG to excavate within City right-of-way for the purpose of installing, maintaining or repairing facilities. This permit, however, does not address any work performed on private property. The outside gas meters currently being installed by NFG are, without exception, located entirely on private property and therefore not subject to the jurisdiction of this department. It is the opinion of this department that the location of the gas meters should be determined by the property owner provided NFG can accommodate and remain within guidelines established for the purpose of safety. Any conflicts should be resolved by the State of New York Public Service Commission. REFERRED TO THE COMMITTEE ON LEGISLATION, No. 39 Certificate of Appointment Appointment Effective: May 1, 1996 in the Department of Public Works Division of Water,Paul Gareis , 383 Linden Avenue, Buffalo, 14216, to the Position of Principal Engineer,Provisional, at the Maximum Starting Salary of $51,377.00. Mrs. LoTempio moved: That the Provisional Appointment of Paul Gareis to the position of Principal Engineer at the Maximum salary of $51,377.00 effective May 1, 1996 be and hereby is approved. PASSED. AYES - 13 NOES - 0 No. 40 Certificate of Appointment Appointment Effective: April 15, 1996 in the Department of Public Works, Division of Engineering, Steven J. Stepniak, 428 Gold Street, Buffalo, NY 14206, to the Position of Senior Engineering Aide, Permanent, at the Intermediate Starting Salary of $27,511. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 41 Certificate of Appointment Appointment Effective April 15, 1996 in the Department of Public works Division of Engineering, Joseph J. Poltorak, 106 Delsan Court, Buffalo, NY 14216, to the Position of Senior Engineering Aide, Permanent, at the Intermediate Starting Salary of $25,702. 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: 8155-00102551 $1,743.00 8155-00102553 6,943.86 8155-00102566 817.80 8155-00102569 22,359.00 8155-00102571 2,776.80 8155-00102564 1,725.60 8155-00102559 461.10 8155-00102562 1,998.00 Total Deposit $38,825.16 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. RECEIVED AND FILED. No. 43 Professional Auctioneer Conduct Police Auction Our last audit report of police property auctions recommended that we engage a professional auctioneer to run the property auctions. We took internal bids from auctioneers and engaged Anderson Auctions & Realty to run auctions of property in the possession of the Police Department. Anderson would charge us $1,500.00 & 9% commission on the gross sales price. They will inventory all items and provide us with an accounting of the auction. Three days after the auctions, they will remit a check to the City for gross sales price minus their fees. The first auction will be held on May 20, 1996 in the police garage. The only expense to the City will be to provide police presence during the auction. This auction has been discussed in depth with Joe Syroczynski of Audit and Process and he approves of the bid and the auction. When the department ran the auctions, we provided security, had report technicians do the accounting and laborers moved the merchandise. Not only will the City save labor costs but we will have the expertise of a professional auctioneer to advertise and appraise the property which will increase the income to the City. RECEIVED AND FILED. No. 44 Sale of Pagers/Beepers to Minors (Item No. #48 CCP Apr 16, 1996 I am not familiar with any local laws prohibiting this action enacted by other jurisdictions. I will be attending a meeting of other police administrators and will inquire further. Generally, the problem with prohibiting local sales of various items that have lawful use but are subject to unlawful use, i.e., spray paint, large markers which can be used for graffiti or glue that can be used as an intoxicant, is that the purchases can occur outside the jurisdiction. If it is only unlawful in Buffalo and not in Erie County or nearby towns or villages, the local law does not stop the act and may punish local merchants. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CORPORATION COUNSEL No. 45 NorthAmeriCare Park Agreement Attached is April 24, 1996, draft of Naming Rights Agreement between City of Buffalo and North American Health Plans, Inc. regarding North AmeriCare Park. REFERRED TO THE COMMITTEE ON FINANCE. No. 46 Marine Midland Arena Attached is Requisition No. 17 relating to the Marine Midland Arena Project. REFERRED TO THE TASK FORCE ON AUDITORIUM AND STADIUM No. 47 David A. Petruzzi - Worker's Compensation Lien Compromise On June 10, 1991, David A. Petruzzi was employed as a lifter in the Street Sanitation Department. While lifting a garbage can at the Towne Restaurant at Allen Street and Elmwood Avenue, he slipped and fell injuring his right knee. He claims he slipped due to the floor being wet. Mr. Petruzzi filed for Worker's Compensation. He sustained a tom right medial meniscus of the right knee. He was paid a total of $12,534.94 in salary and $3,743.03 in medical bills under the Worker's Compensation Law while he was off work. He underwent knee surgery by Dr. John Repicci, Orthopedic Surgeon, in August, 1991. The Worker's Compensation Board has determined that Mr. Petruzzi sustained a permanent fifteen (15%) per cent loss of use of his right leg as a result of the accident. Mr. Petruzzi also filed a third-party lawsuit for lost income and pain and suffering against the Towne Restaurant in State Supreme Court. The City has a lien against any recovery in that lawsuit in the amount of $16,278.00. Negotiations have taken place between Mr. Petruzzi's attorney, the attorney for the Towne Restaurant and Allied Claims, the City's Worker's Compensation representative, to settle the outstanding lawsuit and the City's lien. Under the Worker's Compensation Law, the Plaintiff s lawyer is automatically entitled to one-third of the City's Worker's Compensation lien due to the fact that the City's recovery is the result of the Plaintiff's attorney's efforts in bringing the lawsuit and obtaining a recovery. Therefore, the City's lien is, in effect, $10,9-00.00. The Plaintiff's attorney has proposed settling the entire lawsuit for the sum of $25,000.00. Of this amount, the settlement proposal envisions that the Plaintiff s lawyer will receive one-third of the settlement, the City would receive a cash payment of $8,000.00 (out of a total lien of $10,900.00) and Mr. Petruzzi would receive the balance. In addition, the City would receive a credit against any future Worker's Compensation benefits payable to Mr. Petruzzi for the amount of the settlement paid to Mr. Petruzzi. Allied Claims Service, the City Division of Labor Relations and the Law Department all recommend that the Common Council approve the proposed settlement. There is conflicting testimony among various witnesses as to the cause of the accident and the injury. If the case goes to trail, it is possible that a jury could either dismiss the lawsuit or award an amount smaller than the proposed settlement. The proposed settlement results in a payment to the City of the sum of Eight Thousand Dollars ($8,000.00) which is approximately eighty (80%) percent of the maximum the City could recover in any event in this lawsuit. Based on the above, the Law Department recommends that your Honorable Body authorize the City to accept the sum of $8,000.00 in full settlement of its Worker's Compensation Lien together with a credit for the net recovery against future benefits under the Worker's Compensation Law. Mrs. LoTempio moved: That the communication from the Department of Law, dated April 16, 1996, be received and filed; and That the Corporation Counsel be, and he hereby is, authorized to accept the sum of $8,000 in full settlement of David A. Petruzzi's Workers' Compensation Lien together with a credit for the net recovery against future benefits under the Workers' Compensation Law. PASSED. AYES - 13 NOES - 0 FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 48 Permission to Accept Fund Transfer Street Reconstruction/Overlay Program I respectfully request that Your Honorable Body accept a fund transfer for the street reconstruction/overlay program. The amount to be transferred is $259,160 from Community Development Block Grant Account 94-50200 to Fund 100 Ledger No. 402000 Dept./Div. 401 Revenue No 81118. This transfer is a portion of a $821,524 program funded with CDBG monies. At present 16 streets in 5 Councilmanic Districts have been overlaid. This transfer will provide for an additional 10 streets to be overlaid in the coming months, and will bring the total amount transferred to $662,860. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated April 18, 1996, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to accept a fund transfer for the street reconstruction/overlay program in the amount of $259,160 from Community Development Block Grant Account 94-50200 to Fund 100 Ledger No. 402000 Dept. /Div. 401 Revenue No. 811118. PASSED. AYES - 13 NOES - 0 No. 49 Benedict House Emergency Shelter Grant SEQR Negative Declaration A Negative Declaration for the above-referenced project is hereby filed with your office in accordance with Section 617.12 of the New York State Environmental Quality Review Act. If you should have any questions. please contact Gregory Bernas of the Division of Planning, Room 901 City Hall, at 851-5083. Mrs. LoTempio moved: That the communication from the Department of Community Development dated, April 18., 1996 be received and filed; and That the SEQR Negative Declaration of the lead agency, be and the same hereby isadopted on the Benedict House Emergency Shelter Grant. ADOPTED. No. 50 Riverside Park Master Plan SEQR Lead Agency Designation Please be advised that, prior to the implementation of the above-referenced project, the requirements of the New York State Environmental Quality Review Act (SEQR) must be satisfied. The project, as defined under SEQR, is a Type I action. As per Section 617.6 of the regulations, a Lead Agency responsible for determining the effect of the action on the environment must be designated from among the involved agencies within 30 calendar days of the date of this letter. The Department of Community Development proposes to assume Lead Agency status for this project and respectfully requests your consent to this designation. The project Environmental Assessment Form is enclosed for your review. If the Buffalo Common Council has no objections to the designation of the Department of Community Development as Lead Agency, please notify Mr. Gregory J. Bernas, Assistant Environmental Program Coordinator at the Division of Planning, Room 901 City Hall, Buffalo, New York, 14202. Mrs. LoTempio moved: That the communication from the Department of Community Development dated, April 18, 1996 be received and filed, and That this Common Council consents to the designation of the Department of Community Development as Lead Agency under the New York State Environmental Quality Review Act, Section 617.6 for the Riverside Park Master Plan. ADOPTED. No. 51 Elect to Participate in Early Retirement Incentive Program CCP #159 - 4/16/96 Pursuant to the directive of your Council, Item No. 159, Resolution of April 16, 1996, Elect to Participate in Early Retirement Incentive Program (S6773; A9817), the Vice Chairman of BURA is exploring the possibility of offering the Early Retirement Incentive Program. RECEIVED AND FILED. No. 52 South Ellicott Urban Renewal Plan Phase 2 - Plan Amendment The South Ellicott Urban Renewal Plan, was approved June 13, 1972, C.C.P. No. 108 and has been amended to accommodate changing economic conditions. This amendment will allow for residential development on the blocks bordered by Swan St., Chicago St., Myrtle St. and Hamburg St., and also on the block bordered by Myrtle St., South Cedar St., Seneca St. and Spring St., and further on the block bordered by Myrtle St. between Chicago and South Cedar St's., the parcels located on the south side of the street to their respective rear property lines. The City Planning Board gave its qualified approval to the plan amendment at its April 23, 1996 meeting. A report from the City Planning Board is a prerequisite to Common Council action. Upon receiving the Planning Board report, it is respectively requested that your Honorable Body conduct a public hearing no sooner than 30 days after the Planning Board's hearing, held April 23, 1996, and act on the plan amendment. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE COMMISSIONER OF STREETS No. 53 Request For Permit To Collect Refuse And Garbage In The City of Buffalo J. & S. Disposal, Inc., 11372 Main Street, P.O. Box 427, Clarence, New York has made an application for a permit to collect and haul refuse and garbage in the City of Buffalo. This is a small business, just getting started, and the owner, Mr. John Smith, Jr. has requested that the City allow him to make quarterly payments of $262.50 instead of one payment of $1,050, which would present a hardship for him. I have no objections to your approval for this request. Attached is their application for the permit. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 54 Abatement of Various Outstanding Invoices. That the honorable body abate the following invoices: These invoices were billed to "Buffalo Urban Renewal Agency." 1. ARGO0019 - $52.50 13. ARGO0087 - $52.50 2. ARGO0023 - $52.50 14. ARGO0150 - $52.50 3. ARGO0033 - $52.50 15. ARGO0160 - $52.50 4. ARGO0071 - $52.50 16. ARGO0217 - $52.50 5. ARGO0072 - $52.50 17. ARGO0224 - $52.50 6. ARGO0073 - $52.50 18. ARGO0228 - $52.50 7. ARGO0074 - $52.50 19. ARGO0263 - $52.50 8. ARGO0075 - $52.50 20. ARGO0280 - $52.50 9. ARGO0076 - $52.50 21. ARGO0343 - $52.50 10. ARGO0077 - $52.50 22. ARGO0344 - $52.50 11. ARGO0078 - $52.50 12. ARGO0086 - $52.50 This invoice was billed to "Community Development." 23. AR000002 $268.54 This invoice was billed to "City of Buffalo Real-estate" 24. AR000006 $200.87 TOTAL: $1,624.41 These outstanding invoices were never placed on the Local Assessment Rolls because the owners of these properties are tax exempt. The city is unable to collect on any of these invoices. Please abate the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 55 Inter- Municipal Mutual Aid Agreement In answer to resolution by Mrs. Lockwood, Councilmember, regarding Inter-Municipal Mutual Aid Agreement, I would be more than interested in participating in any discussion into a Mutual Aid Agreement that would benefit the citizens of the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION No. 56 Report of Emergency Demolition Bids for Various Addresses Due to the very serious and hazardous condition of the buildings located at the 1 below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on April 3, 1996 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS/OWNER CONTRACTOR/$ AMT BID 390 Fulton St. Delmonte Demolition Mark E. Frantz $3,900.00 2904 Windchase Houston, Texas 75 Earl Lebis Enterprises Mary E. Pennymon $5,750.00 225 Mulberry Buffalo, New York 115 Southampton J. Martin Sharon Paulding & 115 Southampton - $4,780.00 Jimie Paulding Jr. 117 Southampton - $4,780.00 117 Covington Rd. Total Aggregate Bid - $9,560.00 Buffalo, New York 117 Southampton Janice R. Johnson 842 East 221st St. Bronx, New York & Sharon J. Paulding 117 Covington Rd. Buffalo, New York 246 Masten Lebis Enterprises Isiah M. Andrews $6,450.00 246 Masten Buffalo, New York 43 East Utica Cedar Wrecking & Salvage Vernetta King $11,500.00 495 Stockbridge Buffalo, New York 51 Fox J. Martin Bertha Lee Powell $3,950.00 262 Carlton St. Buffalo, New York 69 Harriett & Garage Lebis Enterprises Francis Bischoff Scott $4,150.00 620 E. Amherst St. Buffalo, New York Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE. No. 57 Report of Emergency Demolition Bid for 57 Loepere Due to the very serious and hazardous condition of the fire-damaged building located at the above-stated address, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e. in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on April 10, 1996 and that the contract will be awarded to the lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/$ AMT. OF BID 57 Loepere Battaglia Concrete Construction Stephen W. Bartee $6,450.00 174 Somerton Kenmore, New York Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project, We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person benefitted, under the provisions of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE. No. 58 Deter. Homesteading/Hsg. Lot Size Item No. 177, CCP 2/6/96 City ordinances require 4,000 square feet and five (5) feet property line set backs when building a new home. Also, most driveways are about eight (8) feet wide. Therefore, depending upon the width of a home and the location of the driveway; new homes normally require 35 to 45 feet of frontage. However, Urban Renewal Plans can supersede local zoning, ordinance and permit requirements regarding required lot sizes for new homes. Also, the City Charter empowers the Commissioner of Neighborhoods, Housing and Inspections, the authority to build on smaller lot sizes. Consequently, withholding vacant city owned lots for future housing development, is more of a matter of planning than it is of the size of a given vacant lot. Another important consideration in weighing the benefits of a vacant lot homestead program is the administrative cost and future revenue impact associated with selling property for $1. Per the homestead legislation, each adjacent property owner to a subject homestead lot must be contracted in order to determine their interest in homesteading that lot. If more than one (1) property owner is interested; the subject property must be equally sub-divided. Therefore, a survey to accurately provide a legal description for the sub parcels must be done. The re-use of all homesteaded parcels must be monitored for eighteen months and if re-use agreements are not honored - the city has to reclaim the parcel or sub-parcel. Additionally, the Law Department's services are required in preparing title to the land and for enforcing any breachers of agreements pertaining to the terms and conditions of the homestead agreement. Finally, most vacant lots homesteaded over the past twenty years have been for the "stated purpose" of expanding yard space or growing a garden. This stated re-use has the most minimal increase in taxable land re-use and does stay with the property for many years. However, successful "land banking" that results in the construction of new homes, will result in a tenfold or greater tax revenue to the city for the reuse of city vacant land. Therefore, over the past two (2) years, the Department of Neighborhoods, Housing & Inspections has not encouraged, promoted nor approved many requests to homestead vacant city owned residential lots. In cases where city owned lots were homesteaded, approval was granted for sufficient land to build garages, driveways or new homes - all significant tax revenue generating activities. Also, if no apparent immediate re-use of a city owned lot was apparent; the department favored a sale based upon appraised value rather than homesteading. Sales based upon appraisals, provide revenue to the city to offset property disposition expenses and a fair evaluation for determining a property's new taxable value. The Department of Neighborhoods, Housing and Inspections is available to discuss the information provided in this response and is open to suggestions or policy considerations that protect the city's best interests in disposing of city owned vacant land through the urban homestead program. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 59 Installation of Outside Gas Meter Item No. 180, C.C.P. 4/2/96 In response to the above stated Common Council communication I would like to supply your Honorable Body with the following information. National Fuel Gas Corporation is the Utility that is the supplier for all Natural Gas service to all buildings within the Corporate limits of the City of Buffalo. Main service lines, and laterals are installed and maintained by the gas service corporation. The owners responsibility starts at the connection on the outlet side of the meter. All utilities design their services to afford both the most efficient use of material and the ease of maintaining their devices. A typical owner of a property does not pay for meters or lateral service installation. This affords the utility the luxury of control of both the type of metering device but also its location. Devices are available that afford a remote reading capability. Perhaps if discussions were to be implemented with representative of National Fuel Gas Corporation, a resolve to this situation may be realized. The drafting and implementation of an ordinance governing the location of gas and electric meters would have to be attached to the Zoning ordinance as commercial, institutional and industrial customers would not be as concerned with an aesthetics issue. It is my hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 60 Monthly Overtime Report Item #12, C.C.P. April 2, 1996 During the current fiscal year the Treasury Division has operated under adverse conditions that resulted in several peak periods which required compensation for overtime hours worked. Firstly, during the Spring of 1995 Data Processing began to update the Treasury system for accepting and receipting moneys by introducing a personal computer driven system. The new automated system was a major overhaul for processing payments which were remitted for taxes, water and parking violations. It took several months to work through a number of program changes that were needed. Many of the revisions occurred simultaneous with our peak tax collection period which began July 1. Departments affected by the new system found numerous errors in the application of their receivables, The daily tax and water receivable reports were out of balance requiring Treasury personnel to research the many discrepancies that were unique to the new automated system. With the assistance of Data Processing , we worked very closely with the offices of Assessment, Water, and Parking Violations reversing the snowball effect these discrepancies created. We experienced significant periods during the day when the teller system "went down". In these instances the tellers were required to work "off-line". While working in this mode, payments which should have been captured on the hard drive and held until the system was up were not applied. Many of the program changes which attempted to correct the problem did not recapture these payments. Further revisions were needed and made by Data Processing to handle the massive amount of work being processed through this new system. Secondly, we centralized the task of processing checks that are dishonored by the banks. This resulted in many hours exhausted in research, processing and reversing payments, and responding to the telephone inquiries from the letters generated to the negligent payee. This aspect of centralization created volumes of problems initially. This office took on a responsibility that was previously handled by more than 28 City Department personnel, without the benefit of additional staff. The bulk of dishonored checks are generated from Water, Tax, and Parking Violations payments which were undergoing system changes, Each dishonored check affects a departments receivables and has to be handled on an individual basis. Again, the computerization of this function into the Treasury caused reporting problems within these departments. It became necessary for Treasury personnel to work with these departments in researching and correcting the errors caused by inconsistencies and flaws in the programs operations. Thirdly, last Fall the Director of Parking Violations Bureau directed his personnel to paint the parking meters on site. The Treasury is charged with the duty of collecting the parking meter revenue and this action created a nightmare for our Meter Collector. We literally could not open the parking meters to collect the coins and thus defeating the purpose of increasing parking meter rates. It proved costly to the City, not only in overtime for the purpose of meter collection but a loss in the anticipated revenue. Additionally, we have one person responsible for collecting parking meter revenue. Unfortunately, Treasury has suffered in this mix. In an effort to remedy this situation, Treasury personnel were utilized to assist in the collection. Attempts to open these meters were extremely time consuming and difficult. To date, we continue to find meters that are painted shut coupled with the loss of revenue which resulted from "no parking" restrictions at meters located at Federal Buildings. Finally, the City's Foreclosure Sale during October of last year proved very costly in time and personnel. Again, we centralized one aspect of the Foreclosure Sale which were the Court Orders that we are served. This task included complying with the terms of each Court Orders received, which involved approximately 400 properties coupled with the processing and receipting of payments on a manual system. During this fiscal year we worked through major system changes and additional workloads. In prior years, many of these duties and functions were not the responsibility of Treasury personnel. In the future, we must have adequate staffing with any increase in workload and/or Treasury duties. This is critical to our primary responsibility of timely depositing all moneys collected. We have worked through the initial problems of the new systems in a timely fashion. However, we anticipate the same initial adjustments with the next aspect of centralization. With the assistance of Data Processing, we know that eventually the automated systems will benefit all departments involved. Yet, our experience is such that we know there will always be "bugs" to work out when a system is first introduced. Our goal is to maintain the integrity of depositing all moneys received in the Treasury on a daily basis. We feel that the addition of permanent personnel is the only way at this juncture to keep the Treasury operating as efficiently as it has been historically. REFERRED TO THE COMMITTEE ON BUDGET. No. 61 Info-Memo of Agreement-Local 264 (Street Worker) Item No. 57, C.C.P. 4/2/96 The total estimated cost of the street worker agreement is $436,542, This cost is comprised of $164,407 in estimated salary costs for fiscal year 1994-95 and the same amount for fiscal year 1995-96, plus retroactive overtime costs for the period 7/l/94-3/31/96 totaling $107,728. The cost of the agreement, once it is approved by your honorable body, will be paid for through savings in other budget areas. We will file the appropriate information with you at that time. I trust this answers your question. RECEIVED AND FILED. FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION No. 62 Accept DCJS Grant of $4,063 The Department of Criminal Justice Services has identified and awarded four thousand and sixty three dollars ($4,063) to the Buffalo Division for Youth. This monies is for Planning and Administration. One thousand six hundred and sixty six dollars ($1,666) is from Federal fiscal year 94 and needs to be consumed by September 1996. Two thousand three hundred ninety seven thousand dollars ($2,397) is from federal fiscal year 95 and needs to be consumed by September 1997. DCJS No. JJ95420000 is written expressly for the purposes of: Travel, Lodging, Meals and Mileage $1,500 Equipment 800 Office Supplies 263 Training and Seminars 1,500 4,063 Mrs. LoTempio moved: That the Commissioner of Human Services, Parks and Recreation be and he hereby is authorized to accept $4,063 awarded to the Division of Youth from the New York State Department of Criminal Justice Services. PASSED. AYES - 13 NOES - 0. No. 63 Clarkson Center Proposal Two (2) of our existing concessionaires have notified this Department of their intent not to renew their existing contracts/options for the 1996 Summer Season. Your honorable body has already been advised of the La Salle Park Concession (Item #98 -February 20, 1996). Since that notification, we have also received a written letter of regret from Mr. Charlie Giovino of "Tugboat Charlies" the concession at the Foot of Ontario Street. This concession contract would have been in the final year (1996) of the contract with the City. Note: Mr. Giovino was an excellent concessionaire and is fully paid up on his annual rent for the prior three (3) years of his operation at this site. (Rent annually was $6,124.00 Item #123 - 3/3 0/93.) As I understand the situation, this is R business decision on Mr. Giovino's part. It mainly results from the fact that his other business interests prevent him from devoting the necessary amount of time to the Foot of Ontario Street to insure a productive and profitable operation. (Please see copy of regrets attached.) From the point of view of the Parks Department, we are disappointed certainly. Moreover, we are left almost at the "eleventh hour" with two unexpected voids in two of our waterfront parks. We feel that we have a mutually beneficial proposal from the Clarkson Center, Inc., which operates a Culinary Arts Institute and work experience program providing opportunities for employment and training to city youths and adults. At the same time, this proposal would insure that two (2) important waterfront locations do not stand empty during the upcoming summer season (including provision of bathroom facilities - both sites.) Representatives of the Clarkson Center have already inspected the two (2) sites and have submitted an initial proposal outlining their interest in being considered to fill the void that this situation has created. We are very enthused with die Clarkson proposal and submit it to your Honorable Body for consideration. In order to proceed with this proposal, we are requesting a waiver from your Honorable Body, of the need to bid out these two (2) concession locations under such short notice. Further, we feel that financial conditions would not be favorable to the City at this time. Obviously, die amounts that were bid by the two previous vendors most likely cannot be sustained - portending a lower annual return of revenue to the City. Also, the time factor would most surely result in a delayed opening, resulting in a further request for rent reductions, as has happened every year at La Salle Park. Further, as mentioned in the Clarkson proposal (first paragraph - regarding extra vendors during special events) we are anticipating an excellent community minded relationship between this proposed vendor and with other organizations and the special events groups, which utilize the park, i.e. Friendship, Junior League, etc. Therefore, at this point in time, we are requesting that your Honorable Body review this proposal, considering the recent past experience regarding Ms. Brenda Kij at La Salle Park. We hope that you grant us approval enabling the Parks Department to proceed with further negotiations with the Clarkson Center, with the ultimate intent to enter into a mutually beneficial contract for at least the 1996 season, if not beyond. Final contract will be submitted to Council for approval. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 64 Certificate of Appointment Appointment effective April 15,1996 in the Department of Human Services, Parks & Recreation, Division of Parks Deborah R. Zdon, 50 Academy Road, Buffalo 14211, to the Position of Account Clerk Typist, Permanent, at the intermediate Starting Salary of$21,732. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF GENERAL SERVICES No. 65 Dispose Ticket Writing Equipment The Division of Purchase requests permission of the Council to dispose of ticket writing equipment specifically Symbol handhelds and Radix printers as trade-in for purchase of a new ticket writing system from Clancy Systems. Clancy was low bidder on RFP and offers the highest trade-in (credit) allowance (see attached). Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 66 Cafeteria Operations/Marriott Corp. Item No. 75, C.C.P. April 16, 1996 The cafeteria workers employed at City Hall by the Marriott Corporation are union employees. However, I must defer internal company operations to Frank Williams III, Regional Director and have invited him to the next council meeting to answer any further questions you may have. The Marriott Corporation does have internship programs and has expressed an interest to work with the Buffalo Public School systems on programs that would be beneficial to both the city and the schools, i.e., mural painting on walls, achievement displays, etc. I will also be available to attend the next council meeting to address any further questions you may have of me. RECEIVED AND FILED. FROM THE CIVIL SERVICE COMMISSION No. 67 Performance Audit Report The Civil Service Commission has reviewed the performance audit report prepared by the Department of Audit. In response to the Audit recommendations, be advised as follows: 1. Staff is making certain that candidates are completing the examination fee waiver form in its entirety. 2. A copy of the examination fee waiver form will be maintained according to title of examination. 3. Staff is contacting the Erie County Department of Social Services to request what type of formal verification can be used to verify individuals who are on public assistance. 4. The computer terminal located at the front desk is in the process of being updated by the Division of Data Processing. 5. The Commission has indicated that the presence of a cash register draws attention to money in the office. A cash register was used for a very short time, approximately five years ago, and it did not work out. At the present time a cash drawer is used which is located in a desk drawer. Staff is looking into purchasing a secure box to be used for these monies. 6. Cash receipts are reconciled with the receipt cards everyday. Deposits of money are made every morning. If there is a need, deposits are made more than once a day with receipts reconciled before each deposit. Deposit slips are maintained in sequential order. 7. Corrections made to the examination fee reports are initiated by staff members making such corrections. REFERRED TO THE COMMITTEE ON CIVIL SERVICE,AND CIVIL SERVICE COMMISSION No. 68 Residency Requirement Res. #213, CCP 2/20/96) 1. The Civil Service Commission requires individuals to present two documents as proof of residency when appointed or promoted. The following is a list of documents: a. Valid NYS driver's license showing current address on the front of said license (temporary licenses will not be accepted); b.Lease or Mortgage agreement (rent receipts are not acceptable); c. NYS vehicle registration indicating current address; d. Voter's registration card indicating current address (applications for said card will not be accepted); e. Utility bills (gas, electric, telephone, or cable) indicating current address (within two months); f. Bank statement indicating current address (within two months) (Credit Union statements will not be accepted). If the documents submitted do not present clear and convincing proof of residency, the Commission will request additional documentation. 2. The following titles are exempted from residency requirements in accordance with the provisions of the Public Officers Law - Section 3: Department of Fire: Fire Lieutenant, Fire Captain, Battalion Chief, Division Fire Chief, Assistant Fire Alarm Dispatcher, Fire Alarm Dispatcher. Department of Police: Police Lieutenant, Police Captain, Police Inspector, Assistant Police Dispatcher, Detective, Detective Sergeant, Assistant Chief of Detective. The entry level position of Firefighter and Police Officer must be residents of the City of Buffalo at time of appointment. Once appointed, it is my understanding that they can move outside of the City of Buffalo. In accordance with the provisions of the Public Officers Law Section 3(2-a) states "a member of the department of sanitation of any municipality" is exempted from residency. Recent developments have been brought to the attention of the Council and the matter as to whether a person being hired in the Department of Street Sanitation can reside outside of the City is tabled pending further investigation. 3. You have requested this office to provide a five-year analysis of the residency issued covering the period from January 1, 1991 to December 31, 1995. The findings of this analysis are attached. 4. During the five year period of time, no employee has been charged with violations of residency requirements and no penalty was assigned as a result. 5. Written complaints are received by the Civil Service Commission concerning employees residency. The Commission will direct that a field investigation be performed by a staff member. This investigation includes visiting the City address and suburban address questioning neighbors about said employee's residency. Findings of the field investigation are presented to the Commission for their determination. 6. Residency of City employees are checked when the individual receives a promotion or appointment to another position. Residency of City employees are reviewed when the Civil Service Commission receives a written complaint. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 69 Residency Requirements-City Employees Res. #220, CCP 2/20/96) All applicants must present two documents as proof of residency before they are appointed/promoted. The following is a list of said documents: a. Valid NYS driver's license showing current address on the front of said license (temporary licenses will not be accepted); b. Lease or Mortgage agreement (rent receipts are not acceptable); c. NYS vehicle registration indicating current address; d. Voter's registration card indicating current address (applications for said card will not be accepted); e. Utility bills (gas, electric, telephone, or cable) indicating current address (within two months); f. Bank statement indicating current address (within two months) (Credit Union statements will not be accepted). If the Commission feels what was presented is not clear and convincing proof of residency, the Commission will request additional documentation. If the documentation submitted does not give a clear picture of city residency, the Commission disapproves the individual in accordance with Rule 10 of the Rules for the Classified Civil Service of the City of Buffalo. The total number of employees not residing in the City of Buffalo is approximately 984. This number includes members of the Buffalo Fire Department, Buffalo Police Department, and Department of Street Sanitation. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No. 70 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 Dept. of Adm. & Finance-Div. Parking Enforcement Dept. of Public Works - Div. of Water Dept. of Audit & Control RECEIVED AND FILED. No. 71 Liquor License Applications Attached hereto are communications form persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owners Name 100 Main Place Tower Network Entertainment John Mullins Buffalo, NY 14202 1313 Kensington Ave. Kensington Pub Jos. Colantuono Buffalo, NY 14215 102 Theodore St. Jimmie's Bar & Jimmie Hill Buffalo, NY 14211 Grill, Inc. Terry Hill RECEIVED AND FILED. No. 72 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: Street Sanitation- Raymond O'Neill RECEIVED AND FILED. No. 73 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 Emergency Medical Services Board Youth Board Zoning Board of Appeals RECEIVED AND FILED. No. 74 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective April 22, 1996 in the Department of Common Council to the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00 per hr., Joan Brinkworth, 205 Marine Dr., Buffalo, NY 14202 Appointment Effective April 18, 1996 in the Department of Common Council, to the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00 per hr., Jakob Jung, 88 Cumberland Ave., Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 75 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 STREET SANITATION Appointment Effective April 11, 1996 in the Department of Street Sanitation to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr. Michael J. Moran, 232 Ideal Street, Buffalo, New York 14206 Michael P. Blake, 77 Spaulding St., Buffalo, New York 14220 Appointment Effective April 15, 1996 in the Department of Street Sanitation Department to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr. Mashi J. Booth, 373 East Utica Street, Buffalo, New York 14208 Roberto Diaz, 270 Pennsylvania Street, Buffalo N.Y. 14201 Leonard P. Wackowski, 70 Gold Street, Buffalo, N.Y. 14206 Appointment Effective April 18, 1996 in the Department of Street Sanitation, to the Position of Laborer II, Seasonal at the Flat Starting Salary of $ 6.92 hr. Tony Campbell, 280 Wohlers, Buffalo, New York 14208 Jack Eskridge, 319 Elmwood Avenue, Buffalo, New York 14222 Daniel J. Chapman, 11 Ashland Ave. Apt 3, Buffalo, New York 14222 James Cavanaugh, 19 Sumner Place, Buffalo, New York 14211 Appointment Effective April 22, 1996 in the Department of Street Sanitation to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr. Diane M. Banyi, 22 Elgas Street, Buffalo, New York 14207 Appointment Effective April 25, 1996 in the Department of Street Sanitation to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr. Robert Grimes, 30 A Carolina St.,Buffalo, NY 14201 DEPARTMENT OF STADIUM & AUDITORIUM Appointment Effective April 22, 1996 in the Department of Stadium and Auditorium, Division of North AmeriCare Park to the position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92. Phillip Anderson, 135 Shumway St., Buffalo, 14206 Denise Bell, 205 Glenwood Ave., Buffalo, 14209 Ben Davis, 112 Carl St., Buffalo, 14215 Ann DiStefano, 1016 Amherst St. Apt.#C9 , Buffalo, 14216 Zanny Harper, 318 Leroy St., Buffalo, 14214 Norris Mays, 416 Winslow Ave., Buffalo, 14211 Mary McCarthy, 31 North Ryan St., Buffalo, 14210 M.T. McNeal, 791 Sycamore Ave., Buffalo, 14212 Russell Olivieri, 50 Pavonia St., Buffalo, 14207 James Toms, 82 Rosedale St., Buffalo, 14207 Franklin Washington, 365 Dartmouth Ave., Buffalo, 14215 Appointment Effective April 22, 1996 in the Department of Stadium and Auditorium Division of North AmeriCare Park, to the Position of Laborer I, Seasonal, to the Flat Starting Salary of $6.22. William Orr, Jr. 135 Kenefick St. Buffalo, 14220 Gregory Palamara, 186 Saranac Street, Buffalo, 14216 Ronald Price, 876 Abbott Rd., Buffalo, 14220 Stephen Radominski, Jr., 133 Weimar St., Buffalo, 14206 Karleen Salzer, 762 Taunton Pl., Buffalo, 14214 Christian Simcoe, 58 Ideal St., Buffalo, 14206 Arlene Simpson, 42 Riverside Ave., Buffalo, 14207 Darlene Swenton, 42 Philadelphia St., Buffalo, 14207 Steven Thompson 49 Castile Ave. Buffalo, 14214 Edward Tooles 26 Rose St., Buffalo, 14204 Toni Townsend, 1270 Kensington St., Buffalo, 14215 Dennis Vitale, 143 Saranac Ave., Buffalo, 14216 James Williams, 167 Roebling St., Buffalo, 14215 Christopher Lozo 6 Tuscarora Rd. Buffalo, 14220 Brian McCarthy, 31 North Ryan St., Buffalo, 14210 Charles Mims, 409 Monroe Ave., Buffalo, 14212 Ronald Morgan, 155 Krettner St., Buffalo, 14206 Russell Nicometi, 89 Hoyt St., Buffalo, 14213 Peter Nigrelli, 160 Bloomfield Ave., Buffalo, 14220 Kathy Elliott, 950 Delaware Ave., Buffalo, 14209 Sharon Elliott, 56 Centennial Walk, Buffalo, 14201 Jane Fields, 196 Butler St., Buffalo, 14208 Maria Hernandez, 294 Trenton St., Buffalo, 14201 Salvatore LoDestro, 854 Richmond Ave., Buffalo, 14222 Thomas Banko, 43 Ashton PI., Buffalo, 14220 Sharon Campbell, 147 Marine Dr., Apt.#9, Buffalo, 14202 James Cummings, 58 Good St., Buffalo, 14220 Ronald Czworka, 126 Hartwell Rd., Buffalo, 14216 Janet Davis, 210 Olympic Ave., Buffalo, 14212 Gordon Dean, Sr., 514 Moselle St., Buffalo, 14215 Craig Franklin, 162 Prospect Ave. Buffalo, 14201 Richard Moran, 232 Ideal St., Buffalo, 14206 Eric Anderson, 84 Lombard St., Buffalo, 14206 DEPARTMENT OF PUBLIC WORKS Appointment Effective April 16, 1996 in the Department of Public Works, Division of Engineering, to the Position of Laborer I Seasonal, at the Flat Starting Salary of $ 6.22/hour Tony Buck, 48 Knox Avenue, Buffalo 14216 Appointment Effective April 22, 1996 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 Helen A. Miranda, 7 Susan Lane, Buffalo 14220 Appointment Effective April 22, 1996 in the Department of Public Works, Division of Water to the Position of Water Service Worker, seasonal at the flat starting salary of $6.26. Nathanial Hall, 592 Clinton St., Buffalo 14210 Michael J. DiNardo, 246 St. Lawrence Avenue, Buffalo, 14216 Scott Cannon, 82 Liddell St., Buffalo 14212 Juan Maldonado, 368 Baynes Ave., Buffalo, 14213 George D. O'Donnell, 232 Geary St., Buffalo, 14210 Thomas Peters, 56 Tacoma, Buffalo, NY 14216 Salvatore A. Vacanti, 46 Woodette Pl., Buffalo,14207 DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION Appointment Effective April 15, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth to the Position of Supervisor, Temporary, at the Flat Starting Salary of $ 5.20 p/h Monica Abshire, 450 Gold, Buffalo 14206 Israel Gonzalez, 300 Massachusetts, Buffalo 14213 Appointment Effective April 15,1996 in the Department of Parks Division of Parks, to the position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92. Philip Nott, 54 Clifford, Buffalo 14210 Appointment Effective April 16, 1996 in the Department of Human Services, Parks & Recreation ,Division of Youth, to the Position of Attendant, Temporary, at the Flat Starting Salary of $4.42 p/h. Robert Quintana, 39 Richmond, Buffalo 14222 Appointment Effective April 18, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth, to the Position of Attendant, Temporary, at the Flat Starting Salary of $4.42 p/h. Frank Miller, 109 Purdy, Buffalo 14208 Susan Clancy, 59 Alturia, Buffalo 14220 Appointment Effective April 23, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth, to the position of Attendant, Temporary, at the Flat Starting Salary of $4.42. Elizabeth Stachowski, 104 Clay, Buffalo 14207, Arthur S. Tigg Jr, 170 Oxford, Buffalo 14209 Camille Sanders,126 Campbell Buffalo 14215 Appointment Effective April 22, 1996 in the Department of Human Services,Parks & Recreation, Division of Parks, to the position of Fee Collector, Seasonal, at the Flat Starting Salary of $4.94. Charles Agro, 1631 Hertel, Buffalo 14216 Walter Burshtynski, 126 Bird, Buffalo 14213 Thomas Lynch Sr., 54 Ashton Street, Buffalo 14220 David Morey, 8 Tauton Place, Buffalo 14216 Robert O'Leary, 100 Ryan Street, Buffalo 14210 David Thompson, 877 West Ferry, Buffalo 14208 Catherine Long, 14 Yale Place, Buffalo 14210 Noreen Sabadasz, 79 Fenton, Buffalo 14206 Michael Washowicz, 1662 Clinton, Buffalo 14206 Appointment Effective April 24, 1996 in the Department of Human Services, Parks & Recreation, Division of Parks, to the position of Fee Collector, Seasonal, at the Flat Starting Salary of $4.94. Patricia Monaco, 168 Mariemont Street, Buffalo 14220 Appointment Effective April 22, 1996 in the Department of Human Services, Parks & Recreation, Division of Parks, to the position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92: Brinkworth Gerald, 205 Marine Drive, Buffalo 14202 Dziedzic Jeffrey, 16 Glenn, Buffalo 14206 Keith Plant, 117 Massachusetts, Buffalo, NY 14213 Appointment Effective April 23, 1996 in the Department of City Clerk to the Position of Laborer I, Permanent, at the minimum Starting Salary of $9.02 hr., Willie Earle House, 547 LaSalle, Buffalo, NY 14215 No. 76 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF PUBLIC WORKS Appointment Effective April 22, 1996 in the Department of Public Works Division of Water to the Position of Electrician, Permanent, at the Minimumstarting salary of $23,715., David Niedzwiecki, 17 Sidway, Buffalo 14210 Appointment Effective April 22, 1996 in the Department of Public Works, Division of Water to the Position of Maintenance Assistant, Temporary at the Minimum Starting Salary of $23,210., Thomas J. Cegielski, 85 Keystone Avenue, Buffalo, 14211 DEPARTMENT OF POLICE Appointment Effective April 8, 1996 in the Department of Police to the Position of Cellblock Attendant, Permanent, at the Minimum Starting Salary of $ 22,266: Michael J. Drewniak, 125 Howell Street, Buffalo, New York 14207 Arthur Burgin, 25 Midway Avenue, Buffalo, New York 14215 Appointment Effective April 15, 1996 in the Department of Police to the Position of Lieutenant, Permanent, at the Flat Starting Salary of $48,310., Richard Bartoszewicz, 16 Greenmeadow Drive, Lancaster, New York 14086 Appointment Effective April 15, 1996 in the Department of Police to the Position of Captain, Permanent, at the Flat Starting Salary of $55,349., Michael Smith, 83 Culver Road, Buffalo, New York 14220 Appointment Effective April 15, 1996 in the Department of Police to the Position of Captain, Contingent Permanent, at the Flat Starting Salary of $55,349., Albert Damiani, 683 Baseline Road, Grand Island, New York 14072 Appointment Effective April 22, 1996 in the Department of Police to the Position of Police Captain, Permanent, at the Flat Starting Salary of $55,349. ,James McCann, 17 Hollywood Avenue, Buffalo, New York 14220 Appointment Effective April 22, 1996 in the Department of Police to the Position of Contingent Permanent Police Captain, at the Flat Starting Salary of $55,349., Joseph F. Strano, 260 Cardinal Lane, Grand Island, New York 14072 Appointment Effective April 22, 1996 in the Department of Police to the Position of Public Safety Dispatcher (Civilian), Provisional, at the Minimum Starting Salary of $23,703.: John Gueli, 444 Weimar St., Buffalo NY 14206 Sheila Gould, 83 Hollywood Ave., Buffalo, NY 14220 Jacqueline McCarthy, 138 Choate Ave., Buffalo, NY 14220 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 77 ELLICOTT DEVELOPMENT CO. Appeal Decision - Preservation Bd. New York Lottery Awning/Sign Installation 295 Main Street, Ellicott Square Joseph Ellicott Historic District With reference to the Buffalo Preservation Board's letter dated March 29, 1996, attached hereto, we hereby appeal their decision and ask the Common Council to grant our request for the New York Lottery to install a 4' (width) x 1014" (length) arched style awning/sign over their front entrance door on Main Street. Although the Board considers arched style awnings inappropriate for contributing structures in the Joseph Ellicott Historic District because they are inconsistent with the Board's sign guidelines for historic buildings, both Chase Bank and Atrium Florist have existing arched awnings/signs which were granted by appeal to the Common Council in 1991 and 1992 respectively. On April 15, 1996 the New York Lottery relocated from the eighth floor to the first floor of the Ellicott Square Building in order to expand its offices, become more convenient to its customers on the first floor and increase its public visibility with direct exposure to Main Street. They selected the proposed arched style awning/sign to display their sign and logo. This new Ellicott Square office will serve as a prototype for future New York Lottery offices to be developed throughout the State in the next few years. The proposed arched style awning/sign is consistent and compatible with the existing awning/sign plan for the Ellicott Square Building with the exception that Crinzi,'Gullo Jewelers who by the decision of the Preservation Board were denied their request to install a similar arched style awning on their Main Street entranceway. They choose not to appeal the Board's decision. Now that we have leased all of the first floor space on the Main Street side of the Ellicott Square Building we are prepared to present the Buffalo Preservation Board with a consistent and compatible overall sign/awning plan for the Main Street side of the building. New York Lottery's relocation to the first floor of Ellicott Square will contribute to the revitalization of Main Street. Given the rising vacancy rate, it is imperative that we satisfy the request of this existing tenant to make their doing business in Downtown Buffalo comfortable and retain their tenancy into the future. We ask that you consider our appeal at your next meeting on Tuesday, April 30, 1996 at which time you will probably refer us to Legislative Committee on Tuesday, May 7, 1996 and subsequently for a public hearing on Tuesday, May 14, 1996. Ms. Joanne Thompson, the local manager of the New York Lottery office will accompany us to the Committee Meeting and public hearing to present our appeal with photographs, a rendering and any other information that the Council may request to make its decision. Thank you in advance for your consideration of this matter. REFERRED TO THE COMMITTEE ON LEGISLATION AND BUFFALO PRESERVATION BOARD. No. 78 ERIE COUNTY ASSOCIATION OF TOWN SUPERINTENDENTS OF HIGHWAYS Mutual Aid As you may be aware, there is in existence, in Erie County, a Mutual Aid system which provides for help or aid for any municipality which might need it - State, County, Cities, Towns and Villages. This system covers emergency help to combat or cope with snow or ice storms, wind storms, floods or any other natural or man made disasters. (Planned work such as road paving, oiling and chipping and other public works projects, would not ordinarily be covered unless unexpected equipment breakdowns should occur, or materials should unexpectedly be depleted.) The snow storms of 1995-'96 are a case in point. These storms were not evenly spread out over all of Erie County. Some cities, towns, villages and portions of County and State roads were hit much more severely than others and help was needed to cope with the elements. As far as we know, no requests for help were made of the municipalities participating in the Mutual Aid Program, nor were offers of aid made by any of the participants. In an attempt to resolve this problem, we in the Association, as founders of the program, are urging all of the municipalities in Erie County to be aware of this offer of help. In these times of cries for consolidation of services in order to hold the line on taxes, we feel that our program goes a long way to setting an example of working together for the good of all residents of Erie County. Attached is a current list of municipalities which have signed on as members. Please read the agreement and complete all requirements as noted on the attached page, to update our information. Send all of the above to Pat Lucey of the Clearing Center, as soon as possible. Once you have joined or are continuing your membership in the Mutual Aid Agreement, you should be aware of the following in case your municipality needs help: The first suggested step should be to contact Erie County and the State of New York as well as your immediate neighbors who are members of the Agreement and try to obtain aid from them. If they are too busy to help, contact one of the Clearing Center members and state your case. It is imperative, in order to trigger the Agreement, that the municipality in need request aid from other municipalities who have previously joined the Agreement. Do not wait for offers of help! We, in the Association will do our part also. We will work in close harmony with the Erie County Association of Local Governments, the State of New York, the County of Erie and other municipalities in Erie County to provide this essential service. For your information, a copy of the Mutual Aid Agreement is enclosed. Finally, we must all realize that pride can only hurt our municipalities if any of us do not elect to call for help in a case of emergency conditions. The attached editorial from the Buffalo News says it all. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF STREET SANITATION, AND COMMISSIONER OF ADMINISTRATION AND FINANCE No. 79 ERIE CO. LEGISLATURE Joint Task Force-Public Archives Attached is a resolution from Erie County Legislature to establish a Joint Implementation Task Force for a Buffalo and Erie County Metropolitan Archives and History Resource Center REFERRED TO THE COUNCIL PRESIDENT. No. 80 R. KERN Complaints, etc BMHA Seven public Housing tenants have declared their candidacy for two elected ten positions oil the seven person Buffalo Municipal Housing Authority Board, which controls an annual budget of over $45 million. The remaining 5 positions on the board one of Buffalo's major sources of patronage jobs are appointed by the Mayor. Tenants will vote by mail on June 11. Backgrounds: Buffalo faces a $50+ million deficit next year in its city and board of education budgets in a city already one of the poorest and fastest shrinking in the US. "Housing" was identified as first or second priority in 8 of 9 "Mayoral Summits" held in Council districts last winter. A recent "mid-term" analysis of Masiello's administration housing strategy by Buffalo News summarized: "lacking vision". Grassroots leaders label it "disaster" Despite massive housing vacancies (approx. 20,000), Buffalo is one of the less affordable Housing markets nationally for the poor. While spending $135,000 each to remodel apartments in a lucrative $50 million -developer driven" project at BMHA owned "Ellicott Mall", Mayor Masiello (and Clinton and HUD Secretary Cistieros) all preach "home ownership" is (housing) priority." Actually, only 10%-15% of HUD's annual $120-$150 million to Buffalo promotes home ownership. Council President Pitts is now urging that Frederick Douglass Towers be remodeled "Ellicott Mall style". Douglass is BMHA's worst project and costs Buffalo taxpayers about $1/2 million in annual direct subsidies, plus property tax abatements. It is politically expedient to reduce taxpayer cost at Douglass, but not by adding to Buffalo's glut of incredibly costly Surplus of subsidized rental complexes as home, ownership plummets. BMHA is a costly dinosaur in a city needing dramatic reform of its Housing policy. BMHA is highly politicized, with the eastside (Eve) westside (Perla) political machines apparently leaving a 50-50 split on ever increasing patronage jobs. Some key issues needing focus in this election for tenant commissioners are: *"Tenant empowerment" is a virtual impossibility in a bureaucracy driven by lucrative "top-down" funding from HUD which promotes patronage jobs and developer profits with a peripheral mission of 'safe, clean, affordable housing for the poor". * Decades long "subsidized rent" while living in "political housing" destroys initiative and undermines thrust toward home ownership for predominantly black households,keeping them powerless while using them as pawns. *2,000 wait list households have no vote (nor do city taxpayers and housing advocates) despite 1400+ funded vacancies. *In a city that lost $85 million in real estate tax base last year, BMHA undercuts neighborhood housing at very high taxpayer cost while paying few city taxes. * While BMHA gets almost 1/3 of annual HUD funds to Buffalo to house less than 10% of Buffalo's poor, there is virtually no community oversight of a wasteful, counter-productivity bureaucracy. Should long time corrupt BMHA be "downsized" (or abolished)? *Lack of natural leadership opportunities in public housing results in tenant candidate for the BMHA board lacking the most basic knowledge of how public housing works, opening them for the outside, political manipulation , again occurring in this election. ( 3 of 7 candidate have never attended a board meeting, did not know size of budget or staff, operating costs, or number of BMHA tenants). * Results of an investigation of BMHA by the Attorney General have not been released. Common Council, in a city failing bankruptcy, must review the validity of $45 million annually of "patronage housing" which promotes costly permanent dependency as countless poverty neighborhoods are dying. There should be vigorous "cost benefit analysis" of public housing and evaluation of how HUD's promised "bottom up, grassroots, citizen inspired planning could more effectively reallocate BMHA funding into dying neighborhoods surrounding many costly BMHA complexes. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 81 R. MIKOS Complaint-Civil Service Status In January 1995, 1 received notice that I was number two on the list as a result of a test I took for Maintenance Assistant for the Sewer Authority. Two months later, I was moved to number one on the list. Recently, I went to City Hall to check the list and was dismayed to find out that I had been passed over not once, but twice on the list by people who scored lower than me on the exam. What I would like to know is if there is anyone I could talk to or who could look into this matter, and give me some direction as to what I should do. When I was number one on the list, I thought I had a good chance of being hired. I meet ALL the qualifications. I even took the New York State road test and received my Class B license. It is very frustrating, after &,rowing up and living in Buffalo for 25 years. I'm ready to give up on this City. I have hope, I love this City and would like to remain here and buy a house and start a family. Time is running out on the list and I don't know what to do. I've heard that to get a Job like this is all political, and that you have to know somebody. I'm really starting to believe that. Please help in anyway you can. It would be greatly appreciated. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 82 NYSDEC Reclassify Hazardous Waste Site 766 Babcock St. The Department of Environmental Conservation (DEC) maintains a Registry Of sites where hazardous waste disposal has occurred. Property located at 766 Babcock Street in the City of Buffalo and County of Erie and designated as Tax Map Number 11 2.14-3-3 was recently reclassified as a Class 3 in the Registry. The name and site I.D. number of this property as listed in the Registry is ENRX, inc. (formerly Voelker Analysis, Site #915150. The Classification Code 3 means that the site does not pose a significant threat to the environment or public health -- action deferred. We are sending this letter to you and others who own property near the site listed above, as well as the county and town clerks. We are notifying you about these activities at this site because we believe it is important to keep you informed. If you currently are renting or leasing your property to someone else, please share this information with them. If you no longer own the property to which this letter was sent, please provide this information to the new owner and provide this office with the name and address of the new owner so that we can correct our records. The reason for this recent classification decision is as follows: Hazardous waste constituents (chlorinated solvents) remain inside building within sludges and liquids with most significant concentrations on the ground floor and in the basement. No hazardous waste constituents disposed at the site were detected in groundwater samples. Since no significant threat attributable to the site was found, it is recommended that the site can be reclassified to Class 3. If you would like additional information about this site or the inactive hazardous waste site remedial program, call: DEC's Inactive Hazardous Waste Site Toll-Free Information Number 1-800-342-9296 or New York State Health Department's Health Liaison Program (HELP) 1-800-458-1158, ext. 402. RECEIVED AND FILED. No. 83 NYPIRG Solicitation of Funds We are writing to update you on the outreach plans for the New York Public Interest Research Group Fund, Inc. (NYPIRG) this summer. NYPIRG, as you may know, is a non-partisan corporation organized in 1976 under the New York State Not-For-Profit Corporation Law. NYPIRG's areas of concern include consumer protection, environmental preservation and,several other public policy issues. As a charitable organization, NYPIRG files annual financial reports under the provisions of New York Executive Law, Article 7-A, with the Secretary of State. NYPIRG has been issued a determination letter from the Internal Revenue Service declaring that it is tax exempt under Internal Revenue Code section 501 (c)(3). Contributions to NYPIRG are tax deductible. We anticipate conducting our door-to-door outreach in your community for a brief period between May 1 and August 31. Our activities will entail circulating support statements, soliciting small contributions, distributing information, and recruiting support (letters, calls, participation) on a variety of issues of concern to the community. Your office and local police department will receive a list of our employees' names, identification numbers and addresses before we begin working in your community. As always, we will coordinate our outreach activities with those of other organizations so as to ensure we are contacting residents in the most professional manner. This letter represents part of our commitment to cooperating fully with local municipalities while we're conducting our outreach efforts. Toward that end, I ask that you please send me written confirmation of receipt of this letter for our files. If you have any questions or need more information, do not hesitate to call me at (212) 349-7474. Thank you for your attention to this request. REFERRED TO THE COMMITTEE ON FINANCE. No. 84 ROSWELL PARK INST. Minority Participation-Modernization Program Enclosed please find information regarding minority participation statistics and current project progress overview. If you have any questions about this report, do not hesitate to call our office. Thank you. RECEIVED AND FILED. No. 85 C. SPEERS Police Protection City Parks, etc As of this date (4/18/96) the Buffalo Police Department still does not have a comprehensive, dedicated plan for policing the city's park system during the peak use season ie:spring/summer 1996. During the 1995 park season a large number of incidents of a criminal nature occurred in the city parks system. These incidents ranged from assault, robbery, vandalism, theft, car theft, curfew and city ordinance violations, there were also incidents of sexual assaults, and harassment of city employees at various city pools. While I am most familiar with incidents at Shoshone, Delaware, Riverside, and the Niagara River Walkway and Bike path (including the famous Saviola incident, in which a mother was severely beaten on the walkway in front of her three children on 7/27/95 at 1417 hours), these types of problems occurred in city parks in all sections of our great city. Unless the Buffalo Police Department develops ASAP),a dedicated, comprehensive plan to provide police protection in the Buffalo city parks system, a hazardous situation will occur threatening the health and safety of the citizens of the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF POLICE. No. 86 B. TURNER Lease 1196 Main-Police Sub-Station I am writing as a project consultant representing Mr. Jose Puente, a real estate entrepreneur who owns a number of apartment units in the city's Niagara District. His holdings include such local landmarks as the Mayflower and Elliott Buildings. Members of the Linwood Avenue Association have recently expressed concerns over the proposed consolidation of Buffalo Sub Station. The increase in random violence has prompted residents to voice their support for a police substation. Mr. Puente's real estate investments are encouraging him to examine ways to fight the spread of crime in the surrounding community. His goal is to make Buffalo a safer place to live while contributing to its growth. Mr. Puente is currently in negotiation to purchase a building located at 1196 Main Street. He is proposing to offer the Buffalo Police Department space to house a Precinct in the development. The city would be responsible for a lease agreement while Mr. Puente would cover the operating expenses including utilities. To submit a formal financial proposal to the city for the Precinct, we need a financial report of Buffalo Police South District operating expenses. From this information, we can draft a competitive analysis to present a potential lease agreement. Mr. Puente stands to make no profit from this project. I've communicated our plans to Captain Comerford of the Buffalo Police Department. I'm hoping to schedule a meeting with Commissioner R. Gil Kerlikowske to discuss the project in full detail in the near future. Since negotiations are pending, a timely response from the Police Department would be Helpful. I just wanted to make your office aware of Mr. Puente's generous offer. Thank you for your time. I look forward to working with the city on this project. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION. PETITIONS No. 87 R. Curreri, petitioner, petition to use 488 Franklin St. for a sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 88 D. Leone,owner, petition to use 980 Elmwood for a take out restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 89 A. O'Brien, agent, petition to use 333 Trenton for elderly housing w/parking. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 90 C. DiFiglia, agent, petition to use portion of 153 Elmwood for wood deck and ground sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 91 Buffalo Half-Way House, petition to use 115 Glenwood for expansion of Half-way Hse. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 92 Sr. Citizens - Support keeping Centers Open. RECEIVED AND FILED. No. 93 P. Garvey - Concerns regarding Wegman's Project. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. REGULAR COMMITTEES CIVIL SERVICE HON. DAVID CZAJKA CHAIRMAN No. 94 Reinst. Ch. Exam. Stat. Engr., etc. (Item # 162 CCP December 12, 1996) That the above mentioned Item be and the same is hereby referred to Budget. ADOPTED. No. 95 Motor Equip. Maintenance Supv. I That the above item be and the same is returned to the Common Council without recommendation. Mr. Czajka moved: That communication 39 December 26, 1995 be received and filed and the permanent appointment of William Mazur stated above at the Maximum salary of $28,875.00 effective on December 21, 1995. is approved. PASSED AYES - 13. NOES 0. Mr. Helfer moved to reconsider Item No. 95. Seconded by Mrs. LoTempio. Mrs. LoTempio made a motion to receive and filed said item. Seconded by Mr. Helfer. ADOPTED AYES--Brown, Franczyk, Gray, Helfer, Lockwood, LoTempio, Quintana, Williams, Zuchlewski 9. NOES--Coppola, Czajka, Kavanaugh, Pitts, -4. No. 96 Appoint Truck Driver (Sts) (Item No. 41, C.C.P., Feb. 6, 1996) (Item No. 94, C.C.P., Mar. 5, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Czajka moved: That the Permanent Promotion of William J. Deschenes to the position of Truck Driver at the Maximum salary of $24,914 effective on October 2, 1995 be and hereby is approved. Seconded by Mr. Brown. LOST. AYES - COPPOLA, CZAJKA, KAVANAUGH - 3 NOES - BROWN, FRANCZYK, GRAY, HELFER, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 10 No. 97 Appoint Truck Driver - William J. Deschenes (CC) (Item No. 49, C.C.P., Apr. 16, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Czajka moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 98 Appointment Director of Counseling That Communication 69 March 19, 1996 be received and filed and the Temporary appointment of Donald L. Sherry stated above at the Intermediate salary $36,364 effective on March 4, 1996 is hereby approved. PASSED. AYES - 13 NOES -0. No. 99 Memorandum of Agreement - Local 264 (Item No. 56, C.C.P., Apr. 2, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Czajka now moved: That the Memorandum of Agreement between the City of Buffalo and Local 264, AFSCME, AFL-CIO, concerning the creation of a new title, Streetworker, in the Department of Street Sanitation, retroactive to July 1, 1994, be approved and ratified. PASSED. AYES - 13 NOES -0 No. 100 Memorandum of Agreement - Teamsters Local 264, AFSCME, AFL-CIO (Item No. 57, C.C.P., Apr. 2, 1996) That the Memorandum of Agreement between the City and Teamsters Local 264, AFSCME, AFL-CIO, for the contract period July 1, 1995 through June 30, 1998, be approved and ratified. PASSED. AYES - 13 NOES -0 No. 101 Appointment Senior Inventory Clerk That Communication 38 April 16, 1996 be received and filed and the Permanent appointment of Alberta A. Hollis stated above at the Maximum salary $26.920.00 effective on April 8, 1996 is hereby approved. PASSED. AYES - 13 NOES -0 No. 102 Appointment Legal Stenographer That Communication 50 April 16, 1996 be received and filed and the Permanent appointment of Marianne Vara stated above at the Intermediate salary $24,483 effective on April 1, 1996 is hereby approved. PASSED. AYES - 13 NOES -0 No. 103 Appointment Typist That Communication 74 April 16, 1996 be received and filed and the Permanent appointment of Mary K. Adamski stated above at the Intermediate salary $20,764 effective on April 1, 1996 is hereby approved. PASSED. AYES - 13 NOES -0 No. 104 Retroactive Longevity Payments - Kevin M. Galvin (Item No. 78, C.C.P., Apr. 16, 1996) That the Comptroller be, and he hereby is authorized to pay Kevin M. Galvin, Executive Secretary to the Zoning Board of Appeals longevity payments for fiscal years 1985-86 in the amount of $200.00, for 1986-87 in the amount of $200.00, for 1990-91 in the amount of $250.00 and for 1991-92 in the amount of $325.00; to be paid from Prior Year Judgment & Claims Account. PASSED. AYES - 13 NOES -0 No. 105 Notices of Appt-Temp/Prov/Perm (CClk) (Item # 83 CCP April 16, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 106 New Affirmative Action Plan (Item #99 C.C.P. Sept. 5, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Czajka moved that the above item be recommitted to the Committee on Civil Service. ADOPTED. FINANCE HON. DAVID FRANCZYK CHAIRMAN No. 107 Audit - Police Forfeiture Acct. (Compt) (Item # 14 CCP April 16, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 108 Michael Feeley - Mister Submarine/Concession at LaSalle Park (Item No. 84, C. C. P., Mar. 5, 1996) That the Corporation Counsel and the Comptroller, be and they hereby are authorized to settle the complaint between the City of Buffalo and Kenneth E. Vaughn and James Cowie d/b/a Mister Submarine in the amount of $5,000, payable to the City PASSED. AYES - 13 NOES -0 No. 109 Report of Bids - Elmwood-Virginia Station (Item No. 27, C.C.P., Apr. 16, 1996) That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Elmwood-Virginia Station, for General Construction Work to Concept Construction at a base bid $1,178,832, add Alt. #1 ($43,500), add Alt 9 ($8,000), add Alt. #10 ($16,000), add Alt. #11 ($11,300), add Alt. #1 2 ($8,300), for a total amount of $1,265,932; for Plumbing Work to Elmwood Plumbing in the amount of $102,000; for Electrical Work to Frey Electric in the amount of $154,360 and for Mechanical Work to Northeast Mechanical in the amount of $237,400, the lowest responsible bidders. Funds for this project are available in the B/F 200-402-023 Division of Buildings. PASSED. AYES - 13 NOES -0 No. 110 Performance Audit-Mun.Civil Serv. (Item # 115 CCP March 5, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 111 Concessionaire Golf Course Oper. (Item # 63 CCP April 2, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 112 Environ.Audit for Bflo. (2nd Res. only) (Item # 175 CCP April 2, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 113 Forgive Taxes-184 Barton (Item # 192 CCP April 2, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 114 Forgive Taxes-184 Barton (CC) (Item # 46 CCP April 16, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 115 Result of Negotiations - 11 Milnor and 186 William (Item No. 19, C. C. P., Apr. 16, 1996) That the offer of Mr. Michael Torres of Stefon Enterprises, of 23 Milnor Street, in the sum of $1,500.00 (One Thousand and Five Hundred Dollars) to purchase the properties described as 11 Milnor and 186 William Streets, be and hereby is accepted; and That the appraisals requested by the City of Buffalo shall be paid by the purchaser; and That the transfer taxes, recording fees and cost of legal descriptions shall be paid by the purchaser. That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES - 13 NOES -0 No. 116 Results of Negotiations - Tifft Street Bridge Acquisition - Parcels #13 & 16 (Item No. 20, C.C.P., Apr. 16, 1996) That the Comptroller be, and he hereby is authorized to acquire two highway easements from the Rochester and Pittsburgh Railroad Company Incorporation, 500 Water Street, Jacksonville, Florida, in the sum of $2,930.00 (Two Thousand Nine Hundred and Thirty Dollars) for Parcel #13, Map 8 and Parcel #1 6, Map 11; and That the Corporation Counsel be authorized to prepare the necessary documents for the acquisition of the easements and that the Comptroller be authorized to accept the same. PASSED. AYES - 13 NOES -0 No. 117 Results of Negotiations - Tifft Street Bridge Acquisition - Parcel #17 (Item No. 21, C. C. P. Apr. 16, 1996) That the Comptroller be, and he hereby is authorized to purchase Parcel #17 from Adrian Realty Company, 6737 South Point Drive, Suite 100, Jacksonville, Florida, in the sum of $2,290.00 (Two Thousand Two Hundred and Ninety Dollars); and That the Corporation Counsel be authorized to prepare the necessary documents for the acquisition of title and that the Comptroller be authorized to execute the same. PASSED. AYES - 13 NOES -0 No. 118 Settlement of Fire Damage Claim - 313 Sweet Avenue (Item No. 41, C.C.P., Apr. 16, 1996) That the Corporation Counsel be, and he hereby is, authorized to resolve the fire/demolition cost dispute relating to 313 Sweet Avenue, owned by Blue and Gold Company, in the amount of $4,300.00. PASSED. AYES - 13 NOES -0 No. 119 Abatement of Various Outstanding Invoices (Item No. 57, C.C.P., Apr. 16, 1996) That the Common Council approves the cancellation of the invoices as listed in the above communication in the total amount of $98,737.40- and That the Common Council requests the Commissioner of Assessment to remove the charges from the assessment rolls and the Commissioner of Street Sanitation to correct his records to indicate the removal of these charges. PASSED. AYES - 13 NOES -0 No. 120 Report of Pre-Demolition Asbestos Removal 23 & 27 E. Balcom (Item No. 63, C.C.P., Apr. 16, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of Pre-Demolition Asbestos Removal contracts to Georgian Bay Contracting at a cost of $2,898.00, relating to 27 E. Balcom and at a cost of $3,175.00, relating to 23 E. Balcom; are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 1 13 of the Code of the City of Buffalo PASSED. AYES - 13 NOES -0 No. 121 Report of Pre-Demolition Asbestos Removal - 393 Fulton, etc. (Item No. 64, C.C.P., Apr. 16, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of Pre-Demolition Asbestos Removal contracts to Peerless Environmental Control, Inc. at a cost of $890.00, relating to 393 Fulton, to Georgian Bay Contracting at a cost of $1,900.00, relating to 357 Koons Rear only; at a cost of $2,700.00, relating to 31 Kilhoffer; at a cost of $3,750.00, relating to 65 Ruhland; are hereby confirmed, ratified and approved, with said cost to be charged to the Capital Project Fund #200-241-003-00000. PASSED. AYES - 13 NOES -0 No. 122 Report of Emergency Demolition - 16-28 Emslie (Item No. 65, C.C.P., Apr. 16, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to Amirs at a cost of $8,400.00, relating to 16-28 Emslie; 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 Code of the City of Buffalo. PASSED. AYES - 13 NOES -0 No. 123 Report of Emergency Demolition - 266 Laurel (Item No. 66, C.C.P., Apr. 16, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to Lebis Enterprises at a cost of $9,500.00, relating to 266 Laurel; 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 Code of the City of Buffalo. PASSED. AYES - 13 NOES - 0 No. 124 Report of Emergency Demolition - 274 Laurel (Item No. 67, C.C.P., Apr. 16, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to Lebis Enterprises at a cost of $5,500.00, relating to 274 Laurel; is hereby confirmed, ratified and approved, with said cost to be charged against Capital Projects Fund #200-241-003-00000. PASSED. AYES - 13 NOES - 0 No. 125 Report of Emergency Demolition - 315 Peckham, etc. (Item No. 68, C.C.P., Apr. 16, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Youngs Auto & Housewrecking at a cost of $8,430.00, relating to 315 Peckham; at a cost of $4,140.00, relating to 18 Reed; at a cost of $4,360.00, relating to 191 Reed Street for a Total Aggregate Bid of $16,930.00; to Youngs Auto & Housewrecking at a cost of $6,733.00, relating to 313 Rother; at a cost of $3,723.00, relating to 315 Rother; at a cost of $7,187.00, relating to 331 Rother; at a cost of $5,634.00, relating to 40 Kiefer for a Total Aggregate Bid of $23,277.00; to Lebis Enterprises at a cost of $4,200.00, relating to 37 Oberlin; at a cost of $4,800.00, relating to 49 Ruhland; at a cost of $4,400.00, relating to 65 Ruhland, for a Total Aggregate Bid of $13,400.00 are hereby confirmed, ratified and approved, with said cost to be charged against Capital Projects Fund #200-241-003-00000. PASSED. AYES - 13 NOES - 0 No. 126 Cafeteria Operations - Marriott Corporation (Item No. 75, C.C.P., Apr. 16, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Franczyk now moved: That the Commissioner of General Services, with the Commissioner of Public Works, be and they hereby are authorized to enter into a ten (10) year lease with the Marriott Corporation to provide Cafeteria Services for the City of Buffalo. PASSED. AYES - 13 NOES - 0 No. 127 BEDC - Financial Statements (Item # 85 CCP April 16, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 128 Capital Budget Amendment - Fire Rouse (Item No. 162, C.C.P., Apr. 16, 1996) That pursuant to section 359 of the Charter and the Certificate of the Mayor and the Comptroller, the Capital Program for the fiscal year 1995-96 be, and the same is hereby amended by adding: 200 Capital Projects, 402 Division of Buildings, Fire House $600,000. PASSED. AYES - 13 NOES - 0 No. 129 Capital Budget Amendment - Demolitions (Item No. 163, C.C.P., Apr. 16, 1996) That pursuant to section 359 of the Charter and the Certificate of the Mayor and the Comptroller, the Capital Program for the fiscal year 1995-96 be, and the same is hereby amended by adding: 200 Capital Projects, Demolitions $1,500,000. PASSED. AYES - 13 Noes - 0 No. 130 Reduce Permit Fee-Allendale Theatre Renov. (Item # 187 CCP April 16, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 131 Coronation of the Blessed Virgin Mary R.C. Church - Petition to use 364 Dewitt - Human Service Provider (Item No. 93, C.C.P., Apr. 16, 1996) That after a public hearing before the Committee on Legislation on April 23, 1996, the petition of Coronation of the Blessed Virgin Mary R.C. Church, for permission to use 364 Dewitt ( formerly referred to as 348 Dewitt) for a Human Service Provider be, and hereby is approved. PASSED. AYES - 13 NOES - 0 No. 132 Kala Chima & R. Chainani - Petition to use 494 Elmwood Avenue - Sit-in Restaurant (Item No. 94, C.C.P., Apr. 16, 1996) That after a public hearing before the Committee on Legislation on April 23, 1996, the petition of Kala Chima, agent and R. Chainani, owner, for permission to use 494 Elmwood Avenue for a sit-in restaurant with an outdoor cafe be, and hereby is approved with 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 - 13 NOES - 0 No. 133 Peter Vogel & Joseph and Marie Morreale - Petition to use 1472 Hertel Avenue - Sit-in Restaurant (Item No. 95, C.C.P., Apr. 16, 1996) That after a public hearing before the Committee on Legislation on April 23, 1996, the petition of Peter Vogel, agent and Joseph and Marie Morreale, owners, for permission to use 1472 Hertel Avenue for a sit-in restaurant with an outdoor patio be, and hereby is approved with conditions as determined by the Department of Public Works. PASSED. AYES - 13 NOES - 0 No. 134 M.Vullo-Oppose Rzn. 38-68 Hinman (Item # 74 CCP December 26, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 135 M. Vullo-Oppose Rzn. 38-68 Hinman (PW) (Item # 15 CCP January 9, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 136 Rzn. 38-68 Hinman (Item # 29 CCP January 23, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 137 A. Brooker & O-Pkg.Prob.at 352 & 354 Franklin (Item # 100 CCP October 3, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 138 Reversion of "Times Beach" to the USA (Item No. 180, C.C.P., Jan 23, 1996) 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. 139 Times Beach to the USA (CC) (Item No. 65, C.C.P., Feb. 20, 1996) 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. 140 Times Beach to the USA (CD) (Item No. 84, C.C.P., Feb. 20, 1996) 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. 141 Reversion of Times Beach to the USA (EMC) (Item No. 3, C. C. P., Mar. 5, 1996) 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. 142 Progress on the Buffalo River (Item No. 181, C.C.P., Jan. 23, 1996) 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 received and filed. ADOPTED. No. 143 Word of Faith Ministries - Petition to use 142 Doat Avenue - Half-way House (Item No. 57, C.C.P., Jan. 9, 1996) (Item No. 126, C.C.P., Feb. 6, 1996) That after a public hearing before the Committee on Legislation on April 23, 1996, the petition of the Word of Faith Ministries, for permission to use 142 Doat Avenue for a half-way house be, and hereby is approved. PASSED. AYES - 13 NOES - 0 No. 144 Bd. Block Clubs-Use of Pepper Spray (Item # 75 CCP April 2, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 145 Not. Ser. 8633 Only (PW) (Item # 20 CCP March 19, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 146 Encroach - 1672 Elmwood Avenue Sidewalk Cafe (Item No. 26, C.C.P., Apr. 2, 1996) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Christopher T. Walter, owner of Papa Jake's Restaurant, located at 1672 Elmwood Avenue, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: 1 . That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed twenty-one feet (21') in length or extend more than eleven feet (I1') from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of two dollars ($2.00) per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. (11 x 21 = 231 x $2.00 = $462.00/year) 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage out of the construction, maintenance, use and removal of said sidewalk cafe. PASSED. AYES - 13 NOES - 0 No. 147 Cazenovia/Timothy Burvid Ice Rink Proposal (Item No. 81, C.C.P., Apr. 2, 1996) That the Commissioner of Human Services, Parks and Recreation be, and he hereby is authorized to enter into a lease agreement between the City of Buffalo and The South Buffalo Community Association for a self-supporting program at the Cazenovia/Tim Burvid Ice Rink, extending the city-run program by eight weeks to commence August 19, 1996 to October 31, 1996, the annual rental to be charged is One Dollar ($1.00); and that the Corporation Counsel to prepare the necessary documents to said lease and that the Mayor be authorized to execute the same. PASSED. AYES - 13 NOES - 0 No. 148 SBCA-Prop.Lease-Caz. Ice Rink (Item # 36 CCP April 16, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 SBCA-Prop.Lease-Caz. Ice Rink (Item # 70 CCP April 16, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 150 SBCA-Prop.Lease-Caz. Ice Rink (Item # 73 CCP April 16, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No.151 Notification Serials, #8638 Truck Route Additions Various Locations (Item,No. 25, C.C.P., Apr. 16, 1996) Pursuant to Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the changes to the traffic ordinances (Chapter 479 of City Code) are hereby denied and disapproved for Notification Serial Nos. 8648-50, 8654; and that the Notification Serial Nos. 8640-47, 8651-53, and 8655-8661, are received and filed. ADOPTED. No. 152 Encroach - 1472 Hertel Avenue-Sidewalk Cafe (Item No. 34, C.C.P., Apr. 16, 1996) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Peter Vogel and Margaret A. McGregor, owners of the Bean Scene,located at 1472 Hertel Avenue, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed ten feet (10') in length of extend more than five feet (5') from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of two dollars ($2.00) per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. (10' x 5' = 50 sq. ft. = $100.00/year) 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage out of the construction, maintenance, use and removal of said sidewalk cafe. PASSED. AYES - 13 NOES - 0 No. 153 Encroach - 621-23 Main Street - Sidewalk Cafe (Item No. 35, C.C.P., Apr. 16, 1996) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. David E. Dolgin, Manager of the Breckenridge Brewery, located at 621-23 Main Street, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed forty feet (40') in length of extend more than twelve feet (12') from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of two dollars ($2.00) per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. (40' x 12' = 480 sq. ft. = $750.00/year) 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage out of the construction, maintenance, use and removal of said sidewalk cafe. PASSED. AYES - 13 NOES - 0 No. 154 Permission Trade-in Two Leaf Blowers For Hydraulic Patrol Wing Plow (Item No. 55, C.C.P., Apr. 16, 1996) That the Commissioner of Street Sanitation be, and he hereby is, authorized to trade-in two leaf blowers #388 & #389, both 1992 Giant model TM-68's with Mark Kough, from Robert's Equipment for the purchase of a fully hydraulic patrol wing plow, to be installed on a 1996 Volvo dump truck at no cost to the City. PASSED. AYES - 13 NOES - 0 No. 155 Permission Trade Parts To Repair Cat Loader #502 (Item No. 56, C.C.P., Apr. 16, 1996) That the Commissioner of Street Sanitation be, and he hereby is, authorized to trade-in a 1986 Cat Loader #830 with Syracuse Supply as the payment for replacement of parts needed to return a Cat Loader #502 into service; and to trade-in two Little-Giant leaf blowers, as more fully described in the above communication, to be used for the purchase and installation of a fully hydraulic Patrol-Wing from Robert's Equipment. PASSED. AYES - 13 NOES - 0 No. 156 Restaurant/Dancing Class III - 3250 Bailey Avenue (Item No. 60, C.C.P., Apr. 16, 1996) That pursuant to Chapter 150 of the Ordinances of the City of Buffalo, the Director of Housing and Inspections be, and he hereby is authorized to issue a Restaurant/Dancing Class III License to Robert B. Williams, proprietor of O'Boys at 3250 Bailey Avenue, be and the same hereby is approved. PASSED. AYES - 13 NOES - 0 No. 157 T.Burton-PBA/Ofc.Bowen & Walters/Adn.Leave (Item # 86 CCP April 16, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 158 L. Collins & O-Rescind Pkg. Restrictions-Virginia Pl. (Item # 96 CCP April 16, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 159 Portable Sign Park Lane Restaurant - 629 Delaware Avenue (Item No. 184, C.C.P., Apr. 16, 1996) That the Commissioner of Public Works be and he hereby is, authorized to grant permission to The Park Lane Restaurant, located at 629 Delaware Avenue, to place a portable sign which would encroach city right-of-way at said address, subject to the conditions as stipulated by the Departments of Public Works, Neighborhoods, Housing and Inspections and Law. Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. COMMUNITY DEVELOPMENT HON. DALE ZUCHLEWSKI CHAIRMAN No. 160 BNRC Budget, ect. 1995-96 (Item # 52 CCP October 3, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 161 Establish New Housing Policy (Item # 150 CCP December 26, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 162 Establish New Housing Policy (Item # 59 CCP March 5, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 163 Deter. Homestead/Hsg.Lot Size (Item # 177 CCP February 6, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 164 Response-Homesteading/New Hsg.Lot Sizes (Compt) (Item # 27 CCP February 20, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 165 Walden/Sycamore Area Blight (Item # 211 CCP February 20, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 166 Target Walden/Sycamore Area Blight (CD) (Item # 48 CCP March 19, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 167 Walden/Sycamore Blight Area (Mayor) (Item # 5 CCP April 2, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 168 Clean Up Buffalo (Item # 215 CCP February 20, 1996) That the above mentioned Item be and the same is hereby received and filed. Mr. Zuchlewski moved that the above item be recommitted to the Committee on Community Development. ADOPTED. No. 169 Info - Collecting Overdue Pilot's (Compt) (Item # 23 CCP April 16, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 170 J.DeCastro-Reopen LaSalle Park Launching Ramp (Item # 87 CCP April 16, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 171 By: Mr. Brown Expedite Acquisition and Demolition of Health and Safety Hazards Whereas: The acquisition and demolition of deteriorated buildings to prepare sites for new development is a critical part of the effort to revitalize the City of Buffalo; and Whereas: The current process available to the City to acquire and demolish abandoned and run-down properties is slow, cumbersome, and costly, and often does not allow for the City to take advantage of development opportunities that may present themselves; and Whereas: The proliferation of abandoned buildings also poses a serious health and safety hazard; and Whereas: While it is important to ensure that the owners of such properties be held financially responsible whenever possible, it is also crucial that these properties are not allowed to decline for an extended period of time and contribute to the decline of an entire neighborhood; and Whereas: The City needs to seriously explore ways in which it can expedite the acquisition/demolition process, while still protecting its financial interests; and Whereas: The City should develop a process that would allow it some flexibility to negotiate for such properties, giving the Department of Neighborhoods, Housing and Inspections the authority to forgive some penalties in exchange for City ownership of the property; and Whereas: At the same time, the City could develop ways to ensure that delinquent owners are held responsible, by such measures as placing liens on other properties they own, preventing them from buying other City properties, removing tax-exempt status from other properties, and placing a delinquency on the owner's credit report; Now, Therefore Be It Resolved: That the Commissioner of Neighborhoods, Housing, and Inspections, the Commissioner of Community Development, the Comptroller, and the Commissioner of Administration and Finance be requested to comment on what could be done to improve the City's acquisition/demolition policies, and specifically the feasibility of adopting the proposals in this resolution. REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION, COMMISSIONER OF ADMINISTRATION AND FINANCE, COMPTROLLER AND COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 172 By: Messrs. Brown, Helfer, Pitts, Quintana, Zuchlewski and Ms. Gray, Kavanaugh and Williams Bennett Beach Whereas: The City of Buffalo and Erie County have engaged in ongoing dialogue in an attempt to reach an agreement about Bennett Beach; and Whereas: The Buffalo Common Council recently approved a proposal which would allow Erie County to open and operate Bennett Beach; and Whereas: For various reasons, it was determined that further discussion was required; and Whereas: Bennett Beach is a regional asset which should be available for use by residents of Erie County, including those who reside in the City of Buffalo; and Whereas: Financial constraints have rendered the City of Buffalo unable to open and operate this prime beach front property for many years; and Whereas: The City of Buffalo is now liable for approximately $100,000 in back taxes for the Bennett Beach property; and Whereas: As a matter of policy, this beach should be forever available for use as a public beach by all the citizens of Erie County; and Whereas: There have been proposals, plans and indications over the past several years that the City of Buffalo may wish to sell the Bennett Beach parcel; and Whereas: It is imperative that any possible future sale of this property be under terms and conditions consistent with maintaining the property as a public beach; and Whereas: The City's interest in making Bennett Beach available as a regional asset would be satisfied by surrendering the deed for the Beach to Erie County so that they may open and operate the Beach; and Whereas: The City's interest in insuring that Bennett Beach is forever maintained as a public beach would be fulfilled by inserting a reversion clause into the deed which would force the automatic return of the property to the City of Buffalo in the event of any attempt by the County of Erie to sell the property to any buyer; and Whereas: The City's goal of reducing costs would be met by conditioning the transfer of the deed with a reversion clause upon the County's agreement to accept responsibility for past as well as future taxes owed on the property; and Whereas: Time is of the essence if Bennett Beach is to be opened for the enjoyment of all City and County residents during the Summer of 1996; Now, Therefore, Be It Resolved: That this Common Council directs the Corporation Counsel to immediately prepare a deed for the transfer of Bennett Beach including the reversion language which would return the property to the City of Buffalo in the event of any attempt by the County of Erie to sell the property to any buyer; and Be it Further Resolved: The transfer of the deed for Bennett Beach is conditioned upon receipt of a duly executed agreement from the County of Erie agreeing that they will accept responsibility for past as well as future tax obligations on this property. REFERRED TO THE SPECIAL COMMITTEE ON GOVERNMENTAL RELATIONS. No. 173 By: Mr. Brown and Ms. Gray Crossing Guards at Community School #53 Whereas: The Buffalo Police Department employs and determines the staffing levels for Crossing Guards at Buffalo Public Schools; and Whereas: The administration at Community School #53 for many years has requested additional Crossing Guards to assist pupils in crossing the street and maintaining order at the opening and closing of school-, and Whereas: Community School #53 has a total population of 630 students, approximately 90% of whom walk to school. The school is bordered by six intersections, with 7 exits near these intersections; and Whereas: Lewis Shelton, a 10 year-old student at Community School #53, was hit by a car after school on Thursday, April 25, 1996, at the comer of Woodlawn and Wohlers Avenues; and Whereas: There is concern throughout the community surrounding Community School #53 about the safety and welfare of the students attending said school because of the need for additional Crossing Guards; and Whereas: The City of Buffalo should take all the necessary steps to provide additional Crossing Guards and security for our youth for their travels to and from school; Now, Therefore, Be It Resolved: That the Buffalo Police Department provide additional Crossing Guards at Community School #53 and file a report with this Common Council stating the criteria for the placement of Crossing Guards at Buffalo Public Schools, as well as how the number of guards at each site is determined; and Bc It Further Resolved: That the Buffalo Police Department file a report with this Common Council on the accident involving Lewis Shelton, and the department's efforts to address the repeated requests from Community School #53 for the additional Crossing Guards needed to ensure the safety of children attending this school- and Be It Finally Resolved: That the Buffalo Police Department file all requested reports related to this resolution prior to 2 p.m. at May 9, 1996. ADOPTED. No. 174 By: Messrs. Coppola and Franczyk Request Detailed Information from ADM Whereas: Archer Daniels Midland Milling Company is seeking a permit to demolish the Great Northern Grain Elevator, which has historical significance in our city's grain storage and Great Lakes shipping history- and Whereas: Archer Daniels Midland (ADM) supplied the city with an Environmental Impact Statement citing many reasons for the demolition including structural, but the engineering report made no mention of any core samplings of the brick walls; It also claims health and safety codes may be an issue but offered no supporting documentation; ADM claimed the closing of the Ohio Street bridge increased the cost of transportation by 25% because its trucks had to be rerouted, but the new route adds only .2 miles to the trip; and Whereas: It appears the EIS contains many contradictions and inconsistencies, and Whereas: The Great Northern was closed by its previous owner, Pillsbury, for operational deficiencies, not structural, and modernization may be possible to protect the design and structure of the Great Northern and to meet the needs of ADM; and Whereas: If ADM is permitted to demolish the Great Northern, the city will lose a historical landmark, waterfront-related jobs, and badly-needed tax revenue. Now Therefore Be It Resolved That This Common Council requests that no demolition permit be issued to Archer Daniels Midland Milling Company until ADM supplies the necessary engineering report, including core samples of the walls, to substantiate its claims about structural problems, and any other supporting documentation regarding health and safety issues, transportation expenses, etc.; and Be It Further Resolved that The City Clerk send a certified copy of this resolution to the Archer Daniels Midland Milling Company requesting a response. Mrs. LoTempio moved: That the first resolve be adopted, and; That the second resolve be referred to the Committee on Legislation. ADOPTED. No. 175 By: Mr. Coppola Possible Sale of City-Owned Parking Ramps Whereas: Equity Capital Holdings, LLC (ECH) has expressed interest in acquiring the assets owned/financed of both Buffalo Civic Auto Ramps and the City of Buffalo Board of Parking; and Whereas: ECH is an affiliate of Equity Group Investments, which owns several billion dollars of commercial real estate and operates businesses worldwide; ECH was established specifically to aggressively acquire long-term parking opportunities nationwide, and presently owns $100 million in parking assets; and Whereas- ECH is willing to negotiate a mechanism where future parking rate increases are capped and to allow participation in future economic benefits generated by the parking facilities; and Whereas: The sale of city-owned parking facilities would relieve an operational burden and generate substantial capital for other municipal needs. Now Therefore Be It Resolved that This Common Council requests that the administration actively pursue the sale of assets owned/financed by both Buffalo Civic Auto Ramps and the City of Buffalo Board of Parking to Equity Capital Holdings, LLC, and requests responses from the Board of Parking, Commissioner of Administration and Finance, City Comptroller, and Corporation Counsel. REFERRED TO THE COMMITTEE ON FINANCE, BOARD OF PARKING, COMMISSIONER OF ADMINISTRATION AND FINANCE, COMPTROLLER, CORPORATION COUNSEL AND BUFFALO CIVIC AUTO RAMPS. No. 176 By: Mr. Coppola Request Information from Corporation Counsel Whereas: The City of Buffalo and it's ancillary agencies, the Board of Education, the Municipal Housing Authority, and the Sewer Authority collectively spend over $30 million a year for electrical power. Now Therefore Be It Resolved that This Common Council requests that the Corporation Counsel provide this body with specific information on all agreements and contracts the City of Buffalo and its ancillary agencies, the Board of Education, the Municipal Housing Authority, and the Sewer Authority have with Niagara Mohawk Power Corporation. ADOPTED. No. 177 By: Mr. Coppola Use the Aud for Amateur Hockey Whereas: The administration recently announced tentative plans to build a second ice rink in Lafayette Park adjacent to the North Buffalo Ice Rink, and Whereas: This proposal raises many concerns including lack of parking, loss of parkland, and the fact that new tennis and basketball courts installed last year would be replaced by another ice rink; and Whereas: Interest in amateur hockey programs, and the need for more ice time for all levels of expense is increasing; and as the administration is also looking for creative ways to utilize Memorial Auditorium, why not use it for amateur hockey?; and Whereas: Receipts from ice rental could be used to help defray security costs, which will be incurred whether the building is used or not, there is plenty of parking around a facility that already exists and is already equipped for ice hockey, and is conveniently located adjacent to public transportation and major thoroughfares. Now Therefore Be It Resolved that This Common Council requests that the Masiello Administration actively explore utilizing Memorial Auditorium for expanded amateur hockey in the City of Buffalo as a way of meeting the increased interest and the need for more ice time for all levels of expertise, and as a way to help defray security costs at the facility. REFERRED TO THE TASK FORCE ON AUDITORIUM/STADIUM AND COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 178 By: Mr. Coppola 1996 Greater Buffalo Italian Heritage and Food Festival Whereas: The North Buffalo Community Development Corp., Hertel-North Buffalo Business Assn., and the West Side Business and Taxpayers Assn., Inc. have requested permission to, again, jointly conduct the Greater Buffalo Italian Heritage and Food Festival from July 17 through July 21, 1996, on Hertel Avenue; and Whereas: These groups are also requesting that Hertel Avenue be closed to vehicular traffic between Crestwood and Tennyson Avenues during the above dates, and that cross streets between Colvin and Delaware Avenues, and also Linden and Tacoma between Colvin and Delaware Avenues, be designated festival areas; and Whereas: This festival will be a major expression of Italian Heritage which includes culture, customs, and foods and will once again attract people from hundreds of miles away. Now, Therefore, Be It Resolved that The North Buffalo Community Development Corp., Hertel-North Buffalo Business Assn., Inc., and the West Side Business and Taxpayers Assn., Inc. are hereby granted permission to jointly conduct the 1996 Greater Buffalo Italian Heritage and Food Festival subject to the following conditions: (A) The festival shall be conducted on Hertel Avenue from July 17 through July 21, 1996, between the hours of I 0: 00 am and I 0: 00 pm with Monday, July 15 from 6: 00 pm and Tuesday, July 16 to be used only as set-up days, and Monday, July 22, 1996 to be used only as a breakdown day with traffic to recommence by noon of that day; (B) Hertel Avenue, between Crestwood and Tennyson Avenues, shall be closed to vehicular and bicycle traffic, and dogs and other animals shall also be prohibited, during the festival. In addition, cross streets bounded by Colvin, Linden, Delaware and Tacoma Avenues, including those boundary streets, shall be part of the festival area subject to its rules and regulations. Permittees, with the cooperation of and at the direction of the Police Department will furnish and locate barriers to be placed at the beginning time of the festival and to be removed at the end of the festival; (C) That the city-owned residential area parking lot, located behind I180 Hertel, shall be closed to general use and shall be reserved solely for those residents of Hertel Avenue residing within the festival area, and this restriction shall be enforced strictly by the city and festival committee; (D) That the festival committee be, and hereby is, authorized to erect appropriate banners and fittings on street lamp posts on Hertel Avenue from the easterly side of Colvin to the westerly side of Delaware, and a banner across Hertel at Tennyson and at Crestwood, all within conditions specified by the Department of Public Works, (E) Permittees shall furnish to the City of Buffalo proper liability insurance as determined by the Special Events Committee and Corporation Counsel; (F) Permittees shall assure complete responsibility for removing barriers, pennants, decorations, barricades, stands, equipment and any trash or debris in the area arising out of the festival; (G) Permittees shall assume complete responsibility for conducting the festival in compliance with all laws and ordinances applicable, and with all directives of the various city departments, including Police, Fire, Street Sanitation, Transportation and Public Works, (H) Permission is hereby granted for the above under such terms and conditions so as to protect the interest of the City of Buffalo, as set forth by the Special Events Committee. PASSED. AYES- 13 NOES -0 No. 179 By: Mr. Coppola Auto Insurance Rates, City -vs- Suburbs (#92, C.C.P. Mar 19, 1996) Driver: Male 30 yrs. old married (wife drives but has separate coverage) Clean driving record (no convictions or accidents in the past 4 years) Vehicle: 1995 Ford Taurus LX 4 door Sedan Anti-Lock Brakes Driver's side air bag Various insurance companies located in the city and suburban areas were randomly called and asked to quote their automobile rates for the driver and vehicle description listed above. Coverage included a $500 deductible, $100,000 in liability, full collision, and complete glass coverage. The vehicle did not have a burglar alarm. The driver did not take the defensive drivers course, which would have reduced a portion of the premium by 10%. Agency City Rate Suburban Rate (Lancaster was used) Able Insurance $1,197 yr. $820 yr. 2564 Bailey Ave Buffalo 896-3366 Contact: Nancy Capital Insurance $1,545 yr. $1,068 yr. 1055 Grant St Buffalo 875-1022 Contact: Beverly Willoughby Insurance $868 yr. $644 yr. 1994 Seneca St Buffalo 827-0500 Contact: Doug Advantage Insurance $902 yr. $613 yr. 1335 Hertel Ave Buffalo 871-0077 Contact: Marie Cesar Insurance $1,476 yr. $859 yr. 3689 Sheridan Dr Amherst 837-0739 Contact: Lynn The Bakos Agency $1,915 yr. $1,240 yr 1889 Clinton St Buffalo 825-1052 Contact: Julie *All calls ere made on Monday April 22, 1996 REFERRED TO THE COMMITTEE ON LEGISLATION. No. 180 By: Mr. Czajka Salary Ordinance Amendment 98 -0 Division of Water 022 - Engineering & Inspection of Water Lines The Common Council of the City of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 98-0-022 Division of Water - Engineering & Inspection of Water Lines which reads: 1 Junior Engineer $27,731 - 32,395 1 Senior Drafting Technician $27,099 - 31,236 is hereby amended to read: 2 Junior Engineer $27,731 - 32,395 WE, JOSEPH N. GIAMBRA, Commissioner of Public Works, and JAMES B. MILROY, Director of the Budget, hereby certify that the addition of one (1) Junior Engineer and the elimination of one (1) Senior Drafting Technician 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 creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the Appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Edward D.Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 181 By: Mr. Czajka Salary Ordinance Amendment 21-0 Department of Fire 100- Firefighting Services The Common Council of the City of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 21 -0 Department of Fire under the subheading "011 - Fire Fighting Services" which reads: 580 Firefighters $30,860 - 41,723 is hereby amended to read: 598 Firefighters $30,860 - 41,723 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, CORNELIUS J. KEANE, Commissioner of Fire and JAMES B. MILROY, Director of the Budget, hereby certify that the addition of eighteen (18) Firefighter positions 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 creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Edward D.Peace Corporation Counsel PASSED AYES- 13 NOES - 0 No. 182 By: Mr. Czajka Sewage problem at 136 Central Avenue. Whereas: Over four weeks ago the basement at the property at 13 6 Central was flooded with over one foot of sewage and since then personal property and appliances have been ruined and unknown damage caused to the basement walls; and Whereas: The owner of the property contacted the Sewer Authority who did investigate the problem and found that the problem with the sewage not properly draining was the result of poor work that was completed by a private contractor in 1984 that was doing work on the street for the city's Water Division; and Whereas: The Water Division was contacted to investigate the situation over three weeks ago; and Whereas: After an inspection of the problem by a city Water Division inspector it was confirmed that the problem was with work that was done improperly in 1984 by a private contractor doing work for the city- and Whereas: The damage is severe and is estimated at over $ 10,000 for repair and it was this problem with the water service in the street that caused the sewage in the basement of 136 Central Avenue; and Now, Therefore, Be It Resolved: That due to the fact that this problem is the city's responsibility and not the homeowners, the city's Water Division should assign a work crew to correct this problem as soon as possible to avoid any further damage to property. ADOPTED. No. 183 By: Mr. Czajka Request Police Commissioner to Report on Needs Associated with Creation Of Sixth Police District or Manned Satellite Stations Whereas: As the police reorganization process attempts to move forward, a variety of options related to providing greater police presence have been advanced. Among those are the creation of a sixth Police District, manned satellite stations similar to Rochester's model of Police sites, and the relocation of Police Headquarters; and Whereas: The hard costs associated with the construction or renovation of a building to house police are relatively fixed and non-recurring, but associated costs to operate and provide service from the building, such as manpower, supervision, overtime, utilities, equipment needs, and other annual, recurring costs, must be determined if an educated, informed decision is to be made regarding any alteration to the existing Reorganization Plan; and Whereas: The above considerations are true of any additional district(s) or any satellites established to provide a base of operations for police officers; and Whereas: It is in the best interest of all Buffalonians that Police Reorganization proceed as quickly as possible with the goal of increased efficiency at controlled cost achieved, and that any necessary modifications be included as part of the budget for fiscal 1996-97; Now, Therefore, Be It Resolved: That this Common Council request that Police Commissioner R. Gil Kerlikowske provide a report to this Honorable Body responding to the above stated concerns about additional district(s), manned satellites, and the relocation of Police Headquarters, as well as detailing any managerial modifications that must be made related to deployment and assignment of personnel; and Be it Further Resolved: That this report also include an analysis of utilizing existing personnel to staff a sixth district station, essentially maintaining police staffing at present levels- and Be it Finally Resolved: That this report be filed prior to 2 PM on Thursday, May 9, 1996, in order that it may be placed on the agenda for the next regular meeting of this Council. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION, AND COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 184 By: Mr. Franczyk Transfer of Funds Department of Administration and Finance - Labor Relations That Pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $10,000 be and the same is hereby transferred from the Division of Labor Relations and said sum is hereby reappropriated as set forth below: From: 100 General Fund 06 - Administration and Finance 3 - Division of Labor and Employee Relations 002 - Civil Service 573 - Engineering & Technical Services $10,000.00 To: 100 General Fund 06 - Administration and Finance 3 - Division of Labor and Employee Relations 001 - Labor Relations 572 - Legal Services $10,000.00 REFERRED TO THE COMMITTEE ON FINANCE. No. 185 By: Mr. Franczyk Transfer of Funds Public Works - Bond Funds - Division of Engineering 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 $325,431.08 be and the same is hereby transferred from the Department of Public Works - Division of Engineering Capital Projects Fund and said sum is hereby reappropriated as set forth below: From: 200 Capital Projects Fund 401- Division of Engineering 543 Reconstr.Delaware Ave. Phase IV $325,431.08 To: 200 Capital Projects Fund 401- Division of Engineering 021 Two Way Conv.Seneca/Swan, Pavement Markings $325,431.08 PASSED. AYES - 13 NOES - 0 No. 186 By: Mr. Franczyk Transfer of Funds Division of Budget and Management Division of Engineering 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 Division of Budget and Management - Planning for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 200 Capital Project Fund 061 - Division of Budget and Management 001 -Planning for Capital Projects $20,000 To: 200 Capital Project Fund 401 - Division of Engineering 558 - South Park Lift Bridge - Rehabilitation Requirement Study & Report $20,000 PASSED AYES - 13 NOES - 0 No. 187 By: Mr. Franczyk Increased Appropriation North AmeriCare Park - Reserve for Replacements North AmeriCare Park - Machinery & Equipment That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - North AmeriCare Park be and the same hereby is increased in the sum of $61,000. That, the comptroller be and hereby is authorized and directed to transfer the sum of $61,000 from 420-899002 - Reserve for Replacements to meet this increased appropriation as set forth below: To: 420 Enterprise Fund 61 - Stadium and Auditorium 1 -North AmeriCare Park 085 - Exempt Items 980 - Machinery & Equipment $61,000 PASSED. AYES - 13 NOES - 0 No. 188 By: Mr. Franczyk Increased Appropriation County Revenue - Sales Tax & Unreserved Fund Balance Various Accounts That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Various Accounts as shown below be and the same hereby is increased in the sum of $4,629,163. $2,400,000 of the amount of increased appropriation will be met from General Fund Resources - Unreserved Fund Balance account 890-060 not otherwise appropriated for any other purpose and the remaining $2,229,163 will be met from an increase in the General Fund County Revenues - Erie County Sales Tax account 100-88920 not otherwise appropriated for any other purpose. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: County Revenues 100 -General Fund County Revenues - Non Property Taxes 88920 Erie County Sales Tax $ 2,229,163 To meet the increased appropriation as set forth below: 062-001-00-110 Administrative Adj.-Salaries-Regular $56,261 065-001-00-114 Treasury-Overtime $ 8,012 100-001-00-121 General services-Acting Time $ 670 104-001-00-114 Inventory & Stores $35,000 104-001-00-598 Inv. & Stores-Freeze-Purch. of Serv. $35,917 201-001-00-114 Police-Overtime $57,956 201-001-00-115 Police-Holiday Pay $1,088 201-001-00-123 Police Shift Differential $48 201-001-00-128 Police Duty Disability Reg. time $ 732 201-001-00-110 Police-Salaries Regular $254,435 201-011-00-114 Police-Overtime $719,609 201-011-00-115 Police-Holiday Pay $31,689 201-011-00-128 Police-Duty Disability Reg. Time $65,238 201-011-00-140 Police Bonus Payment $5,100 201-011-00-114 Police Overtime $ 247,475 201-013-00-120 Police Court Time $22,084 201-013-00-128 Police Duty Disability Reg. Time $60,087 210-011-00-128 Fire Duty Disability Reg. Time $768,361 210-012-00-114 Fire Overtime $95,000 210-013-00-128 Fire Duty Disability Reg. Time $475,261 210-022-00-114 Fire Overtime $12,000 210-022-00-115 Fire-Holiday Pay $1,513 210-022-00-120 Fire-Court Time $287 210-022-00-128 Fire Duty Disability Reg. Time $13,101 401-021-00-114 Engineering-Overtime $400 401-021-00-115 Engineering-Holiday Pay $661 401-021-00-121 Engineering Acting Time $239 401-021-00-125 Engineering Longevity $ 540 402-031-00-112 Buildings Seasonal Services $60,000 402-031-00-114 Buildings Overtime $30,000 402-031-00-498 Buildings Freeze Acct-Mat/Supplies $15,000 402-031-00-598 Buildings Freeze Acct-Purch. Serv. $50,000 502-012-00-114 Recreation Overtime $8,000 700-011-00-112 Streets-Seasonal Services $70,530 700-011-00-114 Streets- Overtime $850,000 700-011-00-121 Streets- Acting Time $1,336 700-011-00-136 Streets-Clothing Allowance $300 700-011-00-140 Streets-Bonus Payment $50,700 700-012-00-112 Streets-Seasonal Services $2,502 700-012-00-114 Streets-Overtime $50,000 700-012-00-135 Streets-Auto Allowance $72 700-012-00-140 Streets-Bonus Payment $4,200 700-013-00-498 Streets-Freeze Acct-Mat./Supplies $237,259 700-032-00-114 Streets- Overtime $220,000 700-032-00-140 Streets-Bonus Payment $10,500 TOTAL $4,629,163 PASSED. AYES - 13 NOES - 0 No. 189 By: Mrs. Lockwood Closing of the Ohio Street Railroad Overpass Whereas: The area known as "Kelly Island," bounded by the Buffalo over and the City Ship Canal, can be accessed only by the Michigan Avenue Lift Bridge, the Louisiana Street Lift Bridge and the Ohio Street Railroad Overpass; and Whereas: Since the Michigan Avenue Lift Bridge is closed for reconstruction and the Louisiana Street Lift Bridge must frequently be raised to let ships pass through, the Ohio Street Railroad Overpass is often the only way for vehicles to enter or leave Kelly Island; and Whereas: Buffalo Fire Company #10 is located on the corner of Ganson Street and Ohio Street on Kelly Island, and the Ohio Street Railroad Overpass is the only way for their vehicles to quickly respond to any emergencies to the south or on the Skyway; and Whereas: Over 20 companies are located on Kelly Island, employing hundreds of workers and depending on the Ohio Street Railroad Overpass for their economic health; and Whereas: The New York State Department of Transportation plans to close the Ohio Street Railroad Overpass completely in early June for 4 months to completely rebuild the bridge, thus endangering the safety of all who work on Kelly Island and adversely affecting all of the businesses located there; Now, Therefore, Be It Resolved: That this Common Council invite a representative of the New York State Department of Transportation to the next meeting of the Finance Committee on Tuesday, May 7, 1996, at 10:00 AM, to detail the closing of the Ohio Street Railroad Overpass and to discuss options to provide access to Kelly Island by means of a temporary service road while the bridge reconstruction is underway; and Be It Further Resolved: That the City Clerk mail a certified copy of this Resolution to Robert Russell, Regional Director of the New York State Department of Transportation, 125 Main Street, Buffalo, NY 14203. REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF POLICE, COMMISSIONER OF FIRE, COMMISSIONER OF PUBLIC WORKS, COMMISSIONER OF COMMUNITY DEVELOPMENT, REGIONAL DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION OF NEW YORK STATE, AND CONRAIL No. 190 By: Mrs. LoTempio Request Erie County Legislature and Erie Community College To Secure A Funding Source To Keep ECC's Aquatic Center In Operation Whereas: The Burt Flickinger Athletic Center was constructed to provide adequate athletic and fitness facilities for the World University Games, and Whereas: The facility is currently owned by the County of Eric and operated by the Erie Community College City Campus, the only college campus in Downtown Buffalo, and Whereas: The Flickinger Center is a state-of-the art facility that is utilized by a variety of individuals, including; students, faculty, administrators, business persons, and local government officials, and Whereas: The Center also contains a world-class competition swimming pool that is host to an extensive number of local, national, and international events, and Whereas: These events attract thousands of competitors and spectators, of various ages, backgrounds, and nationalities to the City of Buffalo, and Whereas: These visitors provide a significant amount of activity and revenue to the City's struggling Downtown district through patronage of area restaurants, hotels, and commercial businesses; and, utilization of public transportation and recreational facilities, and Whereas: Since the Flickinger Center's opening in 1993 it has brought an estimated $ 20 million in additional revenue to the County of Erie, and specifically, Downtown Buffalo, and Whereas: The City's current administration is striving on a daily basis to convince businesses to remain in the Downtown area, and Whereas: The Flickinger Center, specifically the Aquatic Center, is a significant support mechanism to attract residents of Erie County and tourists alike to the City of Buffalo, and Whereas: The possibility of the Aquatic Center closing to save $ 200,000 in operation costs to Erie Community College would be detrimental to the revitalization of Buffalo's Downtown-, Now Therefore Be It Resolved That. This Common Council memorialize the Honorable members of the Erie County Legislature and the Board of Trustee's of Erie Community College, and request that their respectful bodies secure the funds necessary to maintain the Aquatic Center's complete operation and Be It Finally Resolved: That the City Clerk, on behalf of this Honorable Body, send certified copies of this resolution to all members of the Erie County Legislature, the Erie County Comptroller, the Honorable Nancy A. Naples, the President of Erie Community College, Louis M. Ricci, members of the Board of Trustees of Erie Community College, members of the Erie Community College Budget Committee, and the Athletic Director of Erie Community College, Ralph J. Galanti. ADOPTED. No. 191 By Mr. Pitts Discharge Auditorium and Stadium Task Force Curbing - Marine Midland Arena (Item No. 30, CCP, Apr. 16, 1996) Whereas, the above item is currently tabled in the Auditorium and Stadium Task Force and Whereas, it is no longer necessary for this item to be considered by that Task Force, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Task Force from further consideration of this item, and the item is now before the Common Council for its consideration. CARRIED. Mrs. LoTempio moved: That the Commissioner of Public Works be, and he hereby is authorized to enter into an agreement with CALLC, to install granite curbs and related items on portions of Main, Perry Streets and South Park Avenue, not to exceed $120,000.00 and to change the pavement width on South Park Avenue from twenty-six feet (26') to thirty-two feet (32') to accommodate two on-road bike lanes with the consent given by Marine Midland Arena. PASSED. AYES - 13 NOES - 0 No. 192 By: Mr. Zuchlewski Ordinance Amendment Chapter 12 - Ethics, Code of The Common Council of the City of Buffalo does hereby ordain as follows: That Section 12-2 of Chapter 12 of the Code of the City of Buffalo, Code of Ethics, be amended to read as follows: 12-2 Applicability. The requirements of this code shall not replace but shall be in addition to all other legal requirements pertaining to the conduct of city officers and employees. Every provision of this code, except as expressly limited herein, shall apply to every officer and employees of the city, whether paid or unpaid. It shall also apply to members, directors, officers and employees of any not-for-profit corporation if a majority of such corporation's members or directors serve by reason of their city positions or if a majority of such corporation's officers or directors are appointed by one (1) or more city officers or bodies. to City Development Agencies- as defined in Section 6-21 of the Code of the City of Buffalo, such as the Buffalo Urban Renewal Agency, the Buffalo Neighborhood Revitalization Corporation, the Buffalo Enterprise Development Corporation, and Downtown Development Inc. Any such not-for-profit corporation shall be deemed to be a city agency for the purposes of this code. The members, directors, officers and employees of any such corporation shall be deemed to be city officers or employees for the purposes of this Code. It shall also apply to any person who is a member of a city board, agency, commission, council or body whether paid or unpaid. as well as to personal service/consultant contractors of City Development Agencies defined above. This code shall not apply to officers or employees of the City Court of Buffalo, the Buffalo Sewer Authority, [the City of Buffalo Urban Renewal [Agency] or the Buffalo Municipal Housing Authority, unless adopted by their respective governing bodies. This Code of Ethics shall constitute the comparable Code of Ethics for purposes of Section 6-24 of the Code of the City of Buffalo. The Board of Ethics shall have discretion to grant a temporary exception to the provisions of this chapter for any officer, employee, person, board, commission or agency to which this chapter applies. 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 D.Peace Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. PASSED. AYES - 13 NOES - 0 No. 193 By: Mr. Zuchlewski Banner - Roswell Park Bike-A-Thon Whereas: Roswell Park will be holding it's first annual RIDE FOR ROSWELL bike-a-thon to raise money for cancer research, and, Whereas: This bike-a-thon will be held on Saturday, June 29, 1996 at various sites in Erie and Niagara Counties, and, Whereas: Roswell Park Cancer Institute would Eke to promote this event by hanging a banner across Elmwood Ave. at the intersection of Forest Ave. for the period beginning on May 16 and ending May 3 1, and Whereas: Upon acceptance by the Common Council, Roswell Park will provide liability insurance and the exact locations of the light standards to be used to the street lighting department, and Now, Therefore, Be It Resolved: That Roswell Park Cancer Institute be granted permission to hand a banner across the aforementioned locality from May 16, 1996 through May 31, 1996. PASSED. AYES - 13 NOES - 0 No. 194 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 Mrs. Lessie Mae Craig By Councilmember Pitts Felicitation for Sweet Honey in the Rock By Councilmember Pitts Felicitation for Western New York Safety Conference and Traders Exhibit By Councilmember Pitts Felicitation for Bflo. Public Schools, Title I Counseling Program By Councilmember Pitts Felicitation for Granted United Order of Odd Fellows By Councilmember Gray Felicitation for Free Spirit Missionary Baptist Church By Councilmember Pitts Felicitation for Chornobyl Challenge '96 By Councilmember Pitts Felicitation for Stand for Children By Councilmember Pitts ADOPTED. No. 195 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: Richard D. Meadows,Jr. Susan M. Snyder ADOPTED. UNFINISHED BUSINESS No. 196 Bond Res. $1,000,000 - Reconstr. Pct. 13 (Item 1165, C.C.P., Apr 16, 1996) Mrs. Lotempio moved that the above item be taken from the table. Seconded by Mr. Brown CARRIED. Mrs. Lotempio now moved that the above item be approved. Seconded by Mr. Brown. PASSED. AYES - 13 NOES - 0 No. 197 Announcement of Committee Meetings The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. REGULAR COMMITTEES Civil Service Tuesday, May 7, 1996 9:30 A.M. Finance Tuesday, May 7, 1996 - following civil Legislation Tuesday, May 7, 1996 2:00 p.m. Comm. Dev. Tuesday, May 7, 1996 Committee on Education Tuesday, May 7, 1996, 1:00 p.m. Ancillary Committees Civil Service Wednesday, May 1, 1996 2:00 p.m. in Room 1417 Committee on Finance Wednesday, May 1, 1996 9:00 a.m. in Room 1417 Claims Committee Meeting Tuesday, May 7, 1996 9:00 a.m. in Government Relations Committee Tues. May 7, 1996 after Leg. No. 198 Recess On a motion by Mrs. LoTempio, Seconded by Mr. Helfer the Council recessed at 4:07 P.M. until 11:00 A.M., May 1, 1996. CHARLES L. MICHAUX, III CITY CLERK CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO ADJOURNED SESSION MAY 1, 1996 AT 11:00 P.M. Present - James W. Pitts, President of the Council and Councilmembers: Brown, Coppola, Czajka, Franczyk, Gray, Helfer, Kavanaugh, Lockwood, LoTempio, Quintana, Williams, Zuchlewski. - 13. Absent - NONE FROM THE MAYOR No. 199 Mayor's 1996-97 Budget Message And Recommendations Attached hereto for your consideration is the 1996-97 Mayor's Recommended Budget. My budget message is included in the Budget book. REFERRED TO THE COMMITTEE OF THE WHOLE No. 200 Mrs. LoTempio now moved to Recess until 9:00 A.M., Thursday, May 2, 1996, at which time the Council Budget Hearings will begin. Seconded by Mrs. Lockwood. ADOPTED Board of Police and Fire Pension Proceedings #4 Mayor's Office - 201 City Hall April 25,1996 Present: James W. Pitts, Council President; Anthony M. Masiello, Mayor; R. Michael McNamara, Deputy Comptroller-3 Absent: None The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of April 1996 amounting to $27,067.42, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-3. Noes-0. No. 2 Mr. Pitts moved to receive and file the Treasury Statement of Disbursements for the Fire Pension Fund for the period ending 12/31/95. Received and Filed. No. 3 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of April 1996 amounting to $29,707.64, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-3. Noes-0. No. 4 Mr. McNamara moved to receive and file the Treasury Statement of Disbursements for the Police Pension Fund for the period ending 12/31/95. Received and Filed. No. 5 On motion by Mr. Pitts, the City of Buffalo Police and Fire Pension Board Meeting adjourned at I 1:1 0 a.m.