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Home My WebLink About96-1001 1No. 18 Common Council Proceedings of the City of Buffalo Regular Meeting, October 1, 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, October 1, 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, Quintana, Williams and Zuchlewski- 13. ABSENT- None. On a motion by Mrs. LoTempio, the minutes of the Stated Meeting held September 17, 1996 were approved. FROM THE MAYOR No. 1 Appointment of Member to the Medical Services Board Pursuant to the powers vested in me by Section 6 of the City of Buffalo, I hereby appoint Calvin G. Worthy, residing at 99 William Street, Buffalo, New York 14203, to the Buffalo Emergency Medical Services Board for a term effective immediately. Calvin G. Worthy will fill the vacant position of Carrie C. Dragone who has resigned. Mr. Worthy's term will expire June 30, 1998. Mr. Worthy has served with the Buffalo Fire Department since August, 1979. He is currently Deputy Fire Commissioner with the Buffalo Fire Department. Based upon his excellent qualifications, I hereby certify that Calvin G. Worthy is fully qualified for appointment to the Buffalo Emergency Medical Services Board. RECEIVED AND FILED. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BOARD OF STADIUM AND AUDITORIUM No. 2 Certificate of Appointment Appointment Effective September 19, 1996 in the Department of Stadium and Auditorium, Division of North AmeriCare Park: Daniel G. Granville, 57 Hansen Avenue, Buffalo, 14220, to the Position of Supervisor of Engineering & Technical Operations, Temporary, at the Maximum Starting Salary of $40,555. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BUFFALO ARTS COMMISSION No. 3 Portrait R.F.P.'s The Buffalo Arts Commission is pleased to submit a copy of two (2) R.F.P.'s for art conservation service associated with cataloging and restoring the city portrait collection which includes portraits in the Mayor's office and in the Council Chambers. We hope to receive proposals from professionals and eventually contract for this very important work. This informational item is forwarded for your Honorable Body's review. Thank you for your attention. Mrs. LoTempio moved: That the Executive Director of the Buffalo Arts Commission is authorized to solicit and receive bids from professionals for the restoration and cataloging of the City's portrait collection. Such bids shall be submitted to the Common Council for final approval of the contract award. ADOPTED No. 4 Change Order #1 for Contract #91821500 Item No. 9, C.C.P., 5/16/95 The Arts Commission hereby submits to your Honorable Body the following Change Order No. 1 with Russell Marti Conservation Services, Inc. for work related to Art Conservation Services, Contract #91821500: New Work Item No. 1 Conservation treatment of the Bronze Renaissance Lampposts at the Buffalo and Erie County Historical society. Increase: $10,000 Summary: Original Amount $62,110 Amount of Change Order No. 1 Increase $10,000 Correct Amount of Control$72,110 Funds are available in Account #200-717-028. The Arts Commission respectfully recommends the above Change Order be authorized by your Honorable Body as set forth above. Thank you for your attention to this matter. Mrs. LoTempio moved: That the communication from the Buffalo Arts Commission, dated September 26, 1996, be received and filed; and That the Executive Director of the Buffalo Arts Commission be, and he hereby is, authorized to issue change order No. 1 to Russell Marti Conservation Services, Inc., changes resulting in a net increase in the amount of $ 10,000, as more fully described in the above communication, for work relating to Art Conservation Services, Contract #91821500. Funds for this project are to be charged to Account 4200-717-028. PASSED. AYES - 13 NOES - 0 No. 5 Initial Plans for Irish Famine Monument The Arts Commission respectfully submits the attached initial plans to You Honorable Body with the recommendation that they be approved subject to further review and approval of future detailed plans and specifications. Thank you for your attention to this matter. Mrs. LoTempio moved: That the communication from the Buffalo Arts Commission, dated September 26, 1996, be received and filed; and That the Common Council does hereby approve the Initial Plans for the Irish Famine Monument, subject to the Executive Director of the Buffalo Arts Commission providing future detailed plans and specifications for review and approval by the Common Council. PASSED. AYES - 13 NOES - 0 FROM THE COMPTROLLER No. 6 Certificate of Necessity Transfer of Funds Reserve for Capital Improvements Department of Public Works 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 $4,600 be transferred and reappropriated from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, September 17, 1996 RECEIVED AND FILED. No. 7 Certificate of Necessity Transfer of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $12,700 be transferred and reappropriated from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, September 18, 1996 RECEIVED AND FILED. No. 8 Certificate of Determination $21,000,000 Bond Anticipation Note Sale CERTIFICATE OF DETERMINATION BY THE COMPTROLLER RELATIVE TO AUTHORIZATION, SALE, ISSUANCE, FORM AND CONTENTS OF A $21,000,000 BOND ANTICIPATION NOTE - 1996 A (TAX-EXEMPT) OF THE CITY OF BUFFALO, NEW YORK. The Bond Anticipation Notes were sold by competitive bid as follows: $10,000,000 to First Albany Corporation, $10,000,000 to Fleet Securities and $1,000,000 to Smith Bamey. The Bond Anticipation Notes will be dated September 17, 1996 and will bear interest at the rate of (5.00%), (5.00%) and (4.850%), respectively per annum, payable on March 6, 1997. The Bond Anticipation Notes will be delivered and shall be paid for on or about September 17, 1996 in New York, New York. Information relating to the sale may be obtained from the offices of the independent financial advisor to the City, Government Finance Associates, Inc. of New York, in New York City, at (212) 809-5700, or the notice of the Comptroller, Room 1225 City Hall, Buffalo, New York, at (716)851-5255. RECEIVED AND FILED. No. 9 Result of Negotiations 93 Mulberry, 269.75' S Virginia Vacant Lot: 31' x 100' Assessed Valuation: $1,300 The office of the Comptroller, Division of Real Estate, has received a request from Mr. & Mrs. Lewis Kelly, 87 Mulberry Street, Buffalo, New York 14204, to purchase the above captioned property. They intend to purchase and use this lot for extra yard space. The Department of Community Development and the Division of Collections have been contacted and they have no objections to the sale. There are no outstanding taxes or liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Able Realty Company, Mr. Michael W. Heigel, Appraiser, 148 South Marlin Road, Grand Island, New York 14072. He has estimated the fair market value of the property to be One Thousand Dollars ($1,000.00). The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Mr. & Mrs. Lewis Kelly have agreed and are prepared to pay One Thousand Dollars ($1,000.00) for the subject property. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 93 Mulberry Street to Mr. & Mrs. Lewis Kelly in the amount of One Thousand Dollars ($1,000.00). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the Comptroller be and he hereby is authorized to accept the offer of Mr. & Mrs. Lewis Kelly, 87 Mulberry Street, in the amount of $1000.00 for the purchase of 93 Mulberry Street, that the purchaser has agreed to pay the cost of the appraisal, transfer tax, recording fees, and the legal description cost, and that the Corporation Counsel is authorized to prepare the necessary documents for the transfer of title and that the Mayor is authorized to execute the same. PASSED. AYERS - 13 NOES - 0 No. 10 Result of Negotiations 25 Tenth, 238.50' NW Carolina Vacant Lot: 25' x 90' Assessed Valuation: $3,600 The Comptroller's Office, Division of Real Estate, has received a request from Mr. & Mrs. Tomas Guzman, 233 North Seine Drive, Cheektowaga, New York 14227, to purchase the above captioned property. The Guzman's intend to purchase this vacant lot adjoining a two family home that they own and use it for extra yard space for their tenants. The Department of Community Development and the Division of Collections have been contacted. They have no objections to the sale. There are no outstanding taxes, demolition or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Arrow Appraisals, Mr. David G. Zale, 3790 Broadway, Cheektowaga, New York 14227. He has estimated the fair market value of the property to be One Thousand Dollars ($1,000.00). The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. & Mrs. Guzman have agreed and are prepared to pay One Thousand Dollars ($1,000.00) for the subject property. They have also agreed to pay for the cost of the appraisal, recording fees, transfer tax and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 25 Tenth Street to Mr. & Mrs. Tomas Guzman in the amount of One Thousand Dollars ($1,000.00). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 11 Abandon/Sell 1176 South Park Former Truscon Site In order to facilitate the on going sale of the above captioned property to ATDM Corporation, for construction of the proposed hydroponics facility, I am requesting Your Honorable Body to authorize the abandonment of the property. This step is necessary in order for the Supreme Court to appoint two Real Estate Appraisers to evaluate the City's interest in the property, in accordance with Article 27, Section 513 & 514 of the City Charter. Therefore, I am recommending that Your Honorable Body authorize the abandonment of 1176 South Park Avenue. The report of the appraisers and the results of negotiations will be filed with the Common Council for final approval and abandonment. Mrs. LoTempio moved: That the communication from the Comptroller dated, September 26, 1996, be received and filed; and That the Comptroller be, and he hereby is authorized to abandon 1176 South Park Avenue with the procedures in accordance with Article 27, Sections 513 and 514 of the Charter of the City of Buffalo; and That the report of the appraisers and the results of subsequent sale negotiations be reported to the Common Council for final approval of the sale. PASSED. AYES - 13 NOES - 0 No. 12 Payment of Municipal Fees by Credit Card Item No. 238, C.C.P., 9/17/96 The above item has been referred to this office for input on the City's acceptance of credit card payments for all types of municipal fees, recently authorized by the State Legislature. There are several potential advantages to adopting such a policy: 1) reduction in administrative tasks for cash and check processing; 2) reduction in bank fees for insufficient funds check returns (estimated at $30,000 per year) 3) improved availability of revenue and increased interest earnings thereon 4) increased collection, particularly of delinquent accounts 5) customer convenience 6) customer savings on interest rate in the case of delinquent tax and water charges which carry 18% annual interest It should be noted that although the State legislation authorizes municipalities to pass on the vendor charges for credit card transactions, the major credit card companies, namely MasterCard and Visa, strictly prohibit us from doing so. This is the principal disadvantage. The acceptance of credit card payments should be evaluated for each type of receivable, as the impact of absorbing fees will vary, for example property taxes as opposed to license fees. The principal costs would be equipment lease/purchase and the transaction fees. Transaction fee is based on volume and the average amount of transactions, and the range is 1.6%-2.5%. Mail-in and telephone transactions involve additional fees. I am attaching hereto an article which appeared in the June 1996 issue of "Government Finance Review," which provides a comprehensive overview of the acceptance of credit card payments by municipalities. This is an issue that has arisen for municipal governments throughout the country as State Law has opened the door to such use of credit cards. The Government Finance Officers Association is conducting a seminar on this subject in October 1996, therefore further information will be forthcoming. I am also attaching information provided upon request from David P. Rutecki, vice President of M&T Bank. My recommendations are that a cost/benefit analysis be conducted; and that Mr. Rutecki and/or other local bank representatives be invited to address the Council on this matter. The Law Department should also be requested to provide an opinion on any legal concerns or liabilities. REFERRED TO THE COMMITTEE ON FINANCE. No. 13 Certificate of Appointment Appointment Effective September 18, 1996 in the Department of Audit and Control, Division of Accounting, Frank M. Panaro, 776 Richmond Avenue, Buffalo NY 14222 to the Position of Junior Data Control Clerk, Provisional, at the Intermediate Starting Salary of $21,791. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ASSESSMENT No. 14 Certiorari Proceedings LTV Steel Inc. and The Hanna Furnace Corp. Fiscal Years 1994-95, 1995-97 & 1996-97 This is to advise that the owners, LTV Steel Inc. and The Hanna Furnace Corporation, have instituted certiorari proceedings on property known as (1) the former LTV steel plant site (5 parcels, 94.19 acres), (2) 308 Abby Street (1 parcel, 40.7 acres), (3) Marilla Street Landfill (11 parcels, 97 acres), and the former Donner Hanna coke plant site (6 parcels, 70.27 acres). Proceedings regarding the assessments on these properties have been filed for the fiscal years 1994-95, 1995-96 and 1996-97. The assessments were reviewed by this department and the owners have expressed a willingness to settle these proceedings. The final assessments for such fiscal years were as follows: Former LTV Steel Plant: 5 parcels totalling $973,700 308 Abby Street: 1 parcel, $570,900 Marilla Landfill: 11 parcels totalling $701,200 Donner Hanna: 6 parcels totalling $820,800 The owners are agreeable to a settlement as follows: The proceedings for 1994-95 would be discontinued without a change in the assessment. The assessments for 1995-96 would be reduced as follows: Former LTV Steel Plant to total $626,647 (5 parcels) 308 Abby Street to total $270,777 (1 parcel) Marilla Landfill to total $99,932 (11 parcels) Donner Hanna to total $467,487 (6 parcels) These reductions for 1995-96 would result in a reduction in taxes for LTV Steel Plant of $12,233.04, for 308 Abby of $10,578.92, for Marilla Landfill of $21,193.86 and for Donner Hanna of $12,453.80. The total tax reduction for all properties for 1995-96 would be $56,459.62. The assessments for 1996-97 would be reduced as follows: Former LTV Steel Plant to total $275,506 308 Abby Street to total $119,048 Marilla Landfill to total $99,932 Donner Hanna to total $205,531 These reductions would result in a 1996-97 reduction in taxes from the present assessments for LTV Steel of $25,558.34, for 308 Abby of $16,540.66, for Marilla Landfill of $22,010.24 and for Donner Hanna of $22,522.76. The total tax reductions for these properties for 1996-97 would be $86,632. Based on a review of the current market value of these properties, I believe this settlement to be in the best interest of the City. I recommend this settlement, in which the Law Department concurs. The proposed settlement is subject to the approval of Your Honorable Body. I therefore request that the Corporation Counsel be authorized to settle the 1995-96 and 1996-97 tax certiorari proceedings brought by LTV Steel Inc. and The Hanna Furnace Corporation by reducing the assessments as follows: LTV Steel Plant: reduce from $973,700 to $626,647 for the 1995-96 fiscal year and to $275,506 for the 1996-97 fiscal year (total for 5 parcels). 308 Abby: reduce from $570,900 to $270,777 for the 1995-96 fiscal year and to $119,048 for the 1996-97 fiscal year. Marilla Landfill: reduce from $701,200 to $99,932 for the 1995-96 and 1996-97 fiscal years (total for 11 parcels). Donner Hanna: reduce from $820,800 to $467,487 for the 1995-96 fiscal year and to $205,531 for the 1996-97 fiscal year (total for 6 parcels). REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. FROM THE COMMISSIONER OF PUBLIC WORKS No. 15 Extension of Contract City Contract No. 91837900 Sluice Gate Installation Emerald Channel Intake, #27 In accordance with the terms of the contract between the City of Buffalo and Emark Marine Services, City Contract No. 91837900, Sluice Gate Installation, Asbestos Removal, and Roof Modifications at the Emerald Channel Intake, Contract No. 27, the work called for in this contract was scheduled to be completed by January 23, 1996. Per CCP #138 of March 5, 1996, an extension of time was granted to September 1, 1996. The contractor has requested a second extension of time in this contract due to the time involved with re-designing twelve brackets and additional time to re-order new material needed for the brackets. This extension is also being requested due to the inclement weather in September. Accordingly, I have granted a second extension of time in the contract with Emark Marine Services Corporation. The new completion date for this contract is October 1, 1996. REFERRED TO THE COMMITTEE ON FINANCE. No. 16 Notification Serial #8704 Install Stop Sign (Police Emergency) in Bakos Boulevard (North Drive) at Bakos Boulevard (West Drive) STOP SIGN - INSTALL (POLICE EMERGENCY) 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 SIGN VEHICLES ONSHALL STOP BEFORE ENTERING Bakos Boulevard (North Drive) Bakos Boulevard (West Drive) Police Emergency - This action is being taken in order to provide safe and controlled intersections in the recently occupied Walden Heights Subdivision. (See next 4 serials) Notification Serial #8705 Install Stop Sign (Police Emergency) in Bakos Boulevard (West Drive) at Bakos Boulevard (South Drive) STOP SIGN -INSTALL (POLICE EMERGENCY) 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 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGN VEHICLES ONSHALL STOP BEFORE ENTERING Bakos Boulevard (West Drive) Bakos Boulevard (South Drive) Police Emergency - This action is being taken in order to provide safe and controlled intersections in the recently occupied Walden Heights Subdivision. (See previous and next 3 serials) Notification Serial #8706 Install Stop Sign (Police Emergency) in Bakos Boulevard (South Drive) at Bakos Boulevard (West Drive) STOP SIGN - INSTALL (POLICE EMERGENCY) 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 SIGN VEHICLES ONSHALL STOP BEFORE ENTERING Bakos Boulevard (South Drive) Bakos Boulevard (West Drive) Police Emergency - This action is being taken in order to provide safe and controlled intersections in the recently occupied Walden Heights Subdivision. (See previous 2 and next 2 serials) Notification Serial #8707 Install Stop Sign (Police Emergency) in McCarthy Street at Bakos Boulevard (West Drive) STOP SIGN - INSTALL (POLICE EMERGENCY) 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 SIGN VEHICLES ONSHALL STOP BEFORE ENTERING McCarthy StreetBakos Boulevard (West Drive) Police Emergency - This action is being taken in order to provide safe and controlled intersections in the recently occupied Walden Heights Subdivision. (See previous 3 and next serial) Notification Serial #8708 Install Stop Sign (Police Emergency) in McCarthy Street at Bakos Boulevard (East Drive) STOP SIGN - INSTALL (POLICE EMERGENCY) 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 SIGN VEHICLES ON SHALL STOP BEFORE- ENTERING McCarthy Street Bakos Boulevard (East Drive) Police Emergency - This action is being taken in order to provide safe and controlled intersections in the recently occupied Walden Heights Subdivision. (See previous 4 serials) Notification Serial #8709 No Parking - Install Bakos Boulevard (2 sections), both sides between Walden Avenue and Bakos Boulevard (north drive) NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Bakos Boulevard (west drive), both sides At all times between Walden Avenue and Bakos Boulevard (south drive) Bakos Boulevard (east drive), both sides At all times between the start of the curve radius on Bakos Boulevard (south drive) and the start of the curve radius on Bakos Boulevard (north drive) This action is being taken due to narrow street width (28') to provide safety along curve radii, and facilitate snow removal along sections of Bakos Boulevard with a substantially no residential frontage. (See next serial) Notification Serial #8710 Install Alternate Parking - Type I Bakos Boulevard (north and south drive) between Bakos Boulevard (west drive) and beginning of curve radii at east end NO PARKING (ALTERNATE - TYPE I) - 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Bakos Boulevard (north drive), north side 4: 00 p.m. Wednesday between Bakes Boulevard (west drive) to and beginning of curve radius at east end 4: 00 p.m. Sunday Bakos Boulevard (north drive), south side 4: 00 p.m. Sunday between Bakos Boulevard (west drive) to and beginning of curve radius at east end 4: 00 p.m. Wednesday Bakos Boulevard (south drive), north side 4: 00 p.m. Sunday between Bakos Boulevard (west drive) to and beginning of curve radius at east end 4: 00 p.m. Wednesday Bakos Boulevard (south drive), south side 4: 00 p.m. Wednesday between Bakos Boulevard (west drive) to and beginning of curve radius at east end 4:00 p.m. Sunday This action is being taken in order to provide on-street parking and facilitate snow removal for sections of Bakos Boulevard with residential frontage. (See previous serial) Notification Serial #8711 Install Alternate Parking - Type I McCarthy Street, both sides between Bakos Boulevard (west drive) and Bakos Boulevard (east drive) NO PARKING (ALTERNATE - TYPE I) - 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD McCarthy Street, north side 4:00 p.m. Sunday between Bakos Boulevard (west drive) to and Bakos Boulevard (cast drive) 4:00 p.m. Wednesday McCarthy Street, south side 4:00 p.m. Wednesday between Bakos Boulevard (west drive) to and Bakos Boulevard (east drive) 4: 00 p.m. Sunday This action is being taken in order to provide on-street parking and facilitate snow removal on McCarthy Street (in the Walden Heights Subdivision). Notification Serial #8712 No Left Turn - Repeal on West Avenue, southbound at York Street REGULATION OF TURNS - 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 Section 37 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: REGULATION OF TURNS STREET INTER HRS DIRECTION PROHIBIT West Avenue York Street Daily Southbound No Left Turn (24 hours) This change is being made in order to provide access to York Street (two-way) at a point where no legal access currently exists. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 17 Change in Contract Expansion of Precinct #13 HVAC Work I hereby submit to Your Honorable Body the following changes for the Expansion of Precinct #13, Joseph Davis, Inc., HVAC Work - C #91853200. 1. Increase pipe sizes for the Heat Pump Piping Loop. Add $6,474.54 2. Add two (2) Fire Dampers. Add $ 145.00 The foregoing change results in a net increase in the contract of Six Thousand Six Hundred Nineteen and 54/100 Dollars ($6,619.54). Summary: Original Amount of Contract $247,100.00 Amount of This Change (No. 1) Add $6,619.54 Revised Amount of Contract $253,719.54 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect and the Department of Public Works and found to be fair and equitable. Funds for this work will be available in B/F 200-402-013 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 18 Michigan Avenue Lift Bridge Mechanical Contract Change Order No. 2 Hohl Industrial Services, Inc. Item No. 24, C.C.P., 12/12/95 Item No. 46, C.C.P., 06/23/96 I hereby request permission from Your Honorable Body to allow the Commissioner of Public Works to grant the following change in contract to Hohl Industrial Services, Inc. for additional work on the Michigan Avenue Lift Bridge Rehabilitation Project. 1. During the final phase of the Mechanical Contract, Hohl's Subcontractor, Halkins Services, experienced severe loss of time and productivity due to other work (primarily bridge painting) being placed on a higher priority. Halkins' crews were given specific direction to stop work so others could complete for the directed completion date. This caused their presence (full crew) at the site to be considerably extended. While they originally requested $12,500.00, we were able to negotiate this claim down to the presently requested $5,688.00. We consider this amount to be fair and reasonable. 2. Upon completion of reconstruction operations, the bridge was found still to be slightly heavy and demanding of an uncomfortable energy drain when negotiation lifts. As a result, we negotiated a price of $4,442.20 with the contractor to add an additional 52 weight cubes (about $85.40/cube as opposed to the contract unit price of $102.00/cube. The bridge is now perfectly balanced and operates better than it has in many, many years. No. 1 Delay of Contract$5,688.00 No. 2 Additional Cubes$4,442.20 Total Amount of Change Order No. 2 $10,130.20 Contract Summary: Original Contract Amount$367,636.50 Change Order No. 1$48,960.00 Change Order No. 2$10,130.20 New Contract Amount$426,726.70 The second lowest bidder for this project was Industrial Repair & Machine Service, Inc. with a bid of $431,648.80. I respectfully certify that this change order is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue said change order to Hohl Industrial Services, Inc. in the amount of $10,130.20. Funds for this additional work are available in the Division of Engineering Bond Fund No. 200-401-024. Mrs. LoTempio moved: That the Commissioner of Public Works be and he hereby is authorized to issue change order No. 2 in the amount of $10,130.20 to Hohl Industrial Services, Inc. Funds for this additional work are available in the Division of Engineering Bond Fund No. 200-401-024. PASSED. AYES - 13 NOES - 0 No. 19 Change Order No. 2 Sluice Gate Installation Emerald Channel, #27 City Contract No. 91837900 I hereby submit to your Honorable Body the following Change Order No. 2 with Emark Marine Services, Inc. for work relating to Sluice Gate Installation, Asbestos Removal and Roof Modifications Project at the Emerald Channel Intake, Contract No. 27, Contract No. 91837900: New Work Item No. 4 Supply labor, equipment, transportation and supervision to provide installation of twelve (12) bracket supports for sluice gate operators. Increase: $16,365.00 New Work Item No. 5 Apply epoxy coating of twelve (12) brackets. Increase: $1,380.00 Costs have been reviewed by the Department of Public Works and the Consulting Engineer and found to be fair and equitable. SUMMARY: Original Amount of Contract $391,500.00 Change Order No. 1 - Increase $82,321.00 Change Order No. 2 - Increase $17,745.00 Current Amount of Contract $491,566.00 Funds in the amount of $17,745.00 are available in the Division of Water's 416-983-502-00-000 Capital Projects Account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public works to issue a change order as set forth above. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated September 25, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 2 to Emark Marine Services, Inc., changes resulting in a net increase in the amount of $17,745.00, as more fully described in the above communication, for work relating to Sluice Gate Installation, Asbestos Removal and Roof Modifications Project at the Emerald Channel Intake, Contract No. 27, Contract No. 91837900. Funds for this project are to be charged to Division of Water's 416-983-502-00-000 Capital Projects Account. PASSED. AYES - 13 NOES - 0 No. 20 Change Order No. 2 Elmwood Avenue - W. Delavan to Forest Curb & Walk 1996- Group 4414 A.B.P. Concrete Construction, Inc. Contract #91855200 Item No. 21, C.C.P., 4/2/96 I hereby submit to your Honorable Body the following lump sum and unit price additions to the contract for the above named Project. This change order is necessary for additional curb and sidewalk construction at intersecting streets within the project area, for additional work associated with the narrowing of Elmwood between W. Delavan and Potomac, including curb, walk, receiver relocation and street light relocation, and with all underground work associated with the new signal system at Bidwell Parkway. Quantities necessary for the completion of additional areas are beyond the original scope of this contract and were unforeseen. Contract Neg. and/or Est. Est. Items DescriptionCont. Un. Pr. Quantity Cost R07.104 Granite Curb 4"$23.00/l.f 237.0 5,451 R05.204 Conc. Sidewalk 4"$2.00/s.f 5,320.0 10,640 03.21C Subbase Course$85.00/c.y. 558.0 47,452 08.312 (new) Receiver Relocate $1,800.00 ea. 4.0 7,200 10.110 (new) St. Light Relocate $2,000.00 ea. 8.0 16,000 07.910 (new) Cast Iron Curb $1,000.00 Lump Sum 1,000 680.510201 Pullbox - Signal $600.00 ea. 8.0 4,800 680.520506 2" Conduit - Signal $10/l.f. 900.0 9,000 05.220 WWM Reinfor.$0.25/s.f 2,328.0 582 613.0101 Topsoil$30.00/cu. 100.0 3,000 04.150 Asphalt Hand Laid$75.00/ton 65.0 4,875 Total Change Order No. 2$110,000.00 Contract Summary Contract Base Bid$444,597.70 Increase in Contract - Change Order #1 50,000.00 This Change Order #2110,000.00 New Contract Amount$604,597.70 Funds for this change order ($110,000.00) are available in Division of Engineering Bond Fund Account #200-401-507-00000 which will be transferred to Division of Engineering CPF #200-401-559-00-000. This work will not require an extension of time. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change Order and authorize the Commissioner of Public Works to issue said change order to A.B.P. Concrete Construction, Inc. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated September 25, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 2 to A.B.P. Concrete Construction, Inc., changes resulting in a net increase in the amount of $110,000. 00, as more fully described in the above communication, for work relating to Elmwood Avenue - W. Delavan to Forest for Curb & Walk 1996 - Group #414, Contract #91955200. Funds for this project are to be charged to Division of Engineering Bond Fund Account #200-401-507-00-000 which will be transferred to Division of Engineering CPF #200-401-559-00-000. PASSED. AYES - 13 NOES - 0 No. 21 Reduce Retention City Contract No. 91836900 Filter Media Replacement The contract for Filtration Plant Improvements, Filter Media Replacement, Contract No. 8G between the City of Buffalo and Paragon Northeast Corporation is 95% complete. The only remaining work is completing items listed on the punch list. It is respectfully requested that your Honorable Body authorize the reduction of retention in this contract from $133,769.90 to $69,000.00. This amount would be withheld from the contractor until the remaining work is completed satisfactorily. Mrs. LoTempio moved: That the communication from the Department of Public Works dated September 17, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to reduce the retention from $133,769.90 to $69,000.00 in the contract with Paragon Northeast Corporation, City Contract No. 91836900 for the Filtration Plant Improvements, Filter Media Replacement, Contract No. 8G. PASSED. AYES - 13 NOES - 0. No. 22 Permission to Engage Consultant Riverside Park Ice Rink Reconstruction I respectfully request Your Honorable Body's permission to engage an Engineering Consultant to prepare plans and specifications, advertise and receive sealed proposals for the Reconstruction of Riverside Park Ice Rink. Funds for this work will be in Capital Project Fund 200-402-000 (1996/97 Capital Budget). Mrs. LoTempio moved: That the communication from the Department of Public Works, dated September 17, 1996, be received and filed- and That the Commissioner of Public Works be, and he hereby is, authorized to engage an Engineering Consultant to prepare plans and specifications, advertise and receive sealed proposals for the Reconstruction of Riverside Park Ice Rink. Funds for this project will be available in Capital Project Fund #200-402-000 (1996/97 Capital Budget). PASSED. AYES - 13 NOES - 0 No. 23 Cazenovia Parkway Bridge Repairs to Center Pier I hereby request permission from Your Honorable Body to prepare plans and specifications and advertise for sealed proposals for the repair to the center pier of the Cazenovia Parkway Bridge over Cazenovia Creek in Cazenovia Park. The New York State Department of Transportation issued a structural flag on the bridge because of the erosion occurring on the center pier. We have been monitoring this problem since 1988 and we feel it is time to make the repairs to prevent further more serious damage. Funds for this project are available in the Division of Engineering Bond Fund No. 200-401-015. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated September 18, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to prepare plans and specifications, advertise for sealed proposals for the repair to the center pier of the Cazenovia Parkway Bridge over Cazenovia Creek in Cazenovia Park funds for this project will be available in the Division of Engineering Bond Fund #200-401-015. PASSED. AYES - 13 NOES - 0 No. 24 Report of Bids Rehabilitation of 24" Watermain between Manhattan and Cleveland Towers As authorized by your Honorable Body in Common Council Proceeding No. 135 of July 11, 1995 plans and specifications were prepared and sealed proposals accepted for Rehabilitation of 24" Watermain between Manhattan and Cleveland Towers. I submit the following report of all bids received which were opened in my office at 11:00 a.m. on September 18, 1996. Firstrhyme Construction Corp., Inc. 3517 Genesee Street Buffalo, New York 14225$463,314.00 J. Fletcher Creamer & Sons, Inc. 101 East Broadway Hackensack, New Jersey 07601 $478,235.10 Kandey Company, Inc. 19 Ransier Drive West Seneca, New York 14224 $498,570.00 Paul J. Gallo Construction, Inc. Box 453 East Amherst, New York 14051 $547,955.00 I certify that the foregoing is a true and correct statement of all bids received and that Firstrhyme Construction Corp., Inc., 3517 Genesee Street, Buffalo, New York is the lowest responsible bidder complying with the plans and specifications for 24" Watermain Rehabilitation between Manhattan and Cleveland Towers with their bid of $463,314.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Firstrhyme Construction Corporation, Inc., the cost thereof for this project is to be charged to the Division of Water's Capital Project Account, 416-983-502 in the amount of $463,314.00 plus approved unit prices for an additional $46,331.40 for a total encumbrance in the amount of $509,645.40. The Engineer's estimate for this project was $550,000.00. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated September 26, 1996 be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Rehabilitation of 24" Watermain between Manhattan and Cleveland Towers, to Firstrhyme Construction Corp., Inc., the lowest responsible bidder in the amount of $463,314.00 for the base bid plus approved unit prices for an additional $46,331.40 for a total encumbrance of $509,645.00, with said cost to be charged against the Division of Water's Capital Project Account, 416-983-502. PASSED. AYES - 13 NOES - 0 No. 25 Report of Bids Heating System Repairs Shea's Performing Arts Center I advertised for on September 10, 1996 and received the following sealed proposals which were publicly opened and read on September 24, 1996. Joseph Davis, Inc.$26,939.00 W. C. Roberson Corp.$27,212.00 Colgate Heating Corp.$27,840.00 J. W. Danforth $43,333.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Joseph Davis, Inc., in the amount of Twenty Six Thousand Nine Hundred Thirty Nine and 001100 Dollars ($26,939.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are available in CPF 200-402-052 - Division of Buildings. Estimate for this work was $30,000.00. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated September 25, 1996 be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Heating System Repairs at Shea's Performing Arts Center, 646 Main Street, to Joseph Davis, Inc., the lowest responsible bidder in the amount of $26,939.00. Funds for this project are to be charged to the CPF 200-402-052 - Division of Buildings. PASSED. AYES - 13 NOES - 0 No. 26 Report of Bids Timothy J. Burvid Ice Rink Feeder for Dehumidification Units I asked for and received the following informal proposals which were publicly opened and read on September 24, 1996. Metro Electrical Construction $7,350.00 Modern Tech Electric$9,250.00 Weydman Electric $9,979.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Metro Electrical Construction, in the amount of Seven Thousand Three Hundred Fifty and 00/100 Dollars ($7,350.00) is the lowest responsible bidder in accordance with the plans and specifications I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are available in CPF 200-402-016 - Division of Buildings. Estimate for this work was $10,000.00. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated September 25, 1996 be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Timothy J. Burvid Ice Rink, Feeder for Dehumidification Units, to Metro Electrical Construction, the lowest responsible bidder in the amount of $7,350.00. Funds for this project are to be charged to the CPF 200-402-016 - Division of Buildings. PASSED. AYES - 13 NOES - 0 No. 27 Request for Proposals -- Contract Operations Division of Water We have recently issued a Request For Qualifications (RFQ) for contract operators interested in developing a plan for operation of the City's water treatment and distribution system. These RFQ's are due mid October 1996. After review of qualifications, we will issue a RFP to five firms that we feel are capable of operating our system. A schedule will be developed so that the proposals will be received that will allow us to enter into a contract if desired by July 1, 1997. The contract operator will be required to conduct the business of the entire water system excluding the capital budget program. As part of the RFP process, the operator will be required to notify us on their intentions of utilizing our existing work force. It is our intention that no current workers within the system are terminated or replaced. This information is being brought to your attention for informational purposes. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, AND CORPORATION COUNSEL. No. 28 Waterline Breaks At their meeting of September 24, 1996, members of the Claims Committee asked if this department has any procedure to monitor waterline breaks and recurring repairs. Every break that is reported to the Division of Water is logged and records are kept on the number and seriousness of each repair. This information is used in part to determine which projects we will put forth in the Capital Budget. In the past two Capital Programs, we have put an emphasis on replacing those waterlines which have had recurring breaks. RECEIVED AND FILED. No. 29 2436 Seneca Street Handicap Ramp In City Right-of-Way Dr. Thomas Leary, D.D.S. prospective buyer of the property located at 2436 Seneca Street, has requested permission to install a handicap ramp which would encroach City right-of-way at said address. The proposed ramp would measure approximately twelve feet (12') in length and project five feet (5') from the building face into City right-of-way. The Department of Public Works has reviewed Dr. Learys request pursuant to Chapter 413.59.1 (Handicapped Access Ramps) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond 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 ramp. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 30 Remove Payphone - E. Ferry and Wohlers Item No. 223, C.C.P., 09/17/96 There are two (2) payphones located at 437 East Ferry Street, southeast corner Wohlers Avenue, both owned by Hello Payphone Company. The payphone on East Ferry is located entirely on private property and therefore is not subject to the jurisdiction of this department. The payphone on Wohlers Avenue is attached to the building, which is situated on the west property line, and encroaches City right-of-way. This payphone is not licensed and should be removed. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 31 "Village Farms" Riverfront Complex (Former Republic Steel Site) 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. This is for informational purposes only. RECEIVED AND FILED. No. 32 Temporary Rail Station - Marine Midland Arena Permission is hereby granted to allow the Commissioner of Public Works to enter into an agreement with the N.F.T.A. for the construction and lease of a temporary rail station adjacent to the Marine Midland Arena, on Seymour H. Knox III plaza, between Scott and Perry Streets. Under this proposal the station would be designed by N.F.T.A. and constructed by the City. Therefore, permission is also sought to issue a time and material change order, not to exceed $175,000 to DiPizio Construction, Inc. under Contract # 91851700 for this work. Funds for this order are available in Account # 200-401-028 and # 200-401-557. REFERRED TO THE COMMITTEE ON FINANCE, AND CORPORATION COUNSEL. No. 33 Proposals - Memorial Auditorium Re-Use This department has advertised for, and received the three attached proposals for the re-use of Memorial Auditorium. Although at this time I cannot recommend the acceptance of any of the submittals, I do recommend that additional negotiations be held and that additional proposals be sought. Also please note the attached letter from Stieglitz, Stieglitz and Mach indicating that the Children's Museum of Buffalo is not interested in the Auditorium. REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE. No. 34 Administrative Agreement Northeast Buffalo Parkway - Phase II Warwick Ave. to Kensington Ave. I hereby request permission from Your Honorable Body for the Commissioner of Public Works to enter into all agreements and receive funds for the Northeast Buffalo Parkway - Phase II. The attached agreement between the City of Buffalo and the Federal Enterprise Community, has been reviewed and approved by the Law Department. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND COMMISSIONER OF PUBLIC WORKS. FROM THE COMMISSIONER OF POLICE No. 35 Checks Received Item No. 104, C.C.P., 2/2/88 8155-00103741 - C2-96-0036 $7,762.20 8155-00103738 - C2-96-0030 $1,407.00 8155-00103736 - C2-96-0071 $837.26 Total Deposit $10,006.46 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 - $3,006.46, 610-200-217-00-427 - $3,000.00, and 610-200-217-00-500 - $4,000.00. RECEIVED AND FILED No. 36 Checks Received Item No. 104, C.C.P., 2/2/88 8155-00103522 - C2-94-0154 $16,353.90 8155-00103550 - C2-96-0051 613.20 8155-00103552 - C2-96-0052 1,161.60 8155-00103548 - C2-96-0066 7,593.60 Total Deposit $25,722.30 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. 37 Response to Prospect Pt.-Rename 1st Block Prospect/Rabin Item No. 85, C.C.P., July 9,1996 This is in response to the letter received regarding renaming a portion of Prospect Avenue (copy enclosed). Historically, the police department has not been involved in the process at this level. The Department of Public Works, Division of Engineering, Sr. Traffic Engineer John D. Bidell, notifies our department in writing when the installation of new street signs occur due to changes that have been specified by the Common Council. Upon receiving this announcement, our department generates the required modifications accordingly. If you have any further questions, please do not hesitate to contact me. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF FIRE No. 38 Name Change-Prospect/Rabin Item 85, C.C.P., July 9, 1996 The Buffalo Fire Department has no objection to changing the name of Lower Prospect Avenue to Rabin Terrace REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CORPORATION COUNSEL No. 39 Settlement of Claim Diane E. Zdarsky v. City of Buffalo, et al The Law Department requests that your Honorable Body authorize the settlement of the above-noted lawsuit for the sum of $450,000. A confidential attorney work product summary of the case has been distributed to all Councilmembers. The Law Department would request that the discussion of this settlement be held in Executive Session. It is requested that the settlement be approved at the next Council meeting. Mrs. LoTempio moved: That the above communication from the Law Department dated September 26, 1996 be received and filed; and That the Corporation Counsel be, and he hereby is, authorized to settle the claim in Diane E. Zdarsky v. City of Buffalo, et al. for the sum of $450,000. PASSED. AYES - 13 NOES - 0 No. 40 YWCA at 245 North Street Item No. 85, C.C.P., 5/14/96 You have asked the Law Department to comment on whether the proposed YWCA program at 245 North Street would require a special use permit. It is our understanding that the YWCA is in the process of applying for a special use permit. If you have any further questions, please feel free to contact this office. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 41 Donation of 107 Welker Street Item No. 128, C.C.P., 9/3/96 You have requested a response from the Department of Law regarding the offer of Beneficial Homeowner Service Corporation (the "Corporation") to donate 107 Welker Street to the City. The Corporation has indicated that "little taxes are owed" on the property. The City is empowered to accept gifts or donation by Section 10 (2) of the Charter of the City of Buffalo and Section 20 (3) of the General City Law. It is within the discretion of the Common Council whether or not to accept such a gift. Before the City accepts a property as a gift, the following concerns should be addressed: (1) The City should determine if all taxes, City and otherwise, have actually been paid and whether there are any outstanding utility bills, sewer rents or other outstanding obligations on the property; (2) The property should be inspected for compliance with the Housing Code. Any violation should be corrected by the owner prior to transfer to the City. (3) A title search should be done to fully ascertain whether there are any outstanding liens on the property and whether the donor actually possesses the right to transfer the property; (4) The City should know if any structures on the property are occupied and address how such occupancy will affect the City's proposed ownership of the property; (5) The property should also be checked for any environmental concerns and, if there are any problems, provisions for their remediation should be made before the City proceeds to acquire the property by donation. Before accepting the donation, the City should consider the financial impact of such an action. The City is already in possession of various properties that are not generating tax revenue. It would only serve to further burden the City's financial status to remove a property from the tax rolls if the City has no planned use for the property. It would also place the costs and responsibility of maintenance on the City. REFERRED TO THE COMMITTEE ON FINANCE. No. 42 Restitution for Housing Court Violations Item No. 252, C.C.P., 9/17/96 You have requested the Law Department to comment on the viability of requiring a defendant found guilty in Housing Court to fund tree planting as part of the restitution for housing code violations in City Court. The Council has proposed requiring the Housing Court judge to order property owners found guilty of housing code violations to pay for professional tree plantings or to make payments into the City's tree planting fund. You also wanted to know whether any authorizing legislation would be required to enact this practice. Enabling legislation to utilize the act of tree planting as restitution in communities is not necessary because there is no law to change or enact. The judge can order the defendant found guilty in Housing Court to perform community service and that community service may involve physically planting a tree in the community affected by the property owner's housing code violations. However, the Court cannot require the defendant to pay for the tree planting. Restitution is a method requiring a defendant to make whole or restore the victim of the wrongful behavior of such defendant. There have to be actual out-of-pocket expenses demonstrable to the Court in order to receive restitution. The surrounding community, though adversely affected by the defendant's housing court violation, has no demonstrable loss that can be calculated in financial terms. It would be a violation of the defendant's constitutional rights to require the defendant to surrender his or her assets to the community. The defendant can be made to bring his property up to housing standards, but he cannot be forced to pay for a tree planting. For community service, the City or the appropriate court program, would have to provide any necessary materials in an effort to make restitution to the community. The community as an independent entity cannot be considered a qualified recipient eligible for restitution. Case law has determined that counties are not victims and cannot recover costs incurred in prosecuting and enforcing the law. In People v. Cruz, 599 NYS 2d 533 (1993), the New York Court of Appeals would only reimburse the County for involuntary medical costs incurred through law enforcement efforts. They specifically precluded restitution for the cost of prosecution and other law enforcement expenses. The Appellate Division, Second Department found that neither the County nor the District Attorney were victims under Section 60.27. People v. Snow, 579 NYS 2d 714 (1992), held that restitution could not be awarded for public money spent in pursuit of solving crimes. It stands to reason that if a county could not recover their costs, a municipality and its neighborhoods would also face the same rationale. The Common Council cannot require a judge to sentence someone to community service, including tree planting, through an ordinance. It would be more appropriate to pass a resolution asking the Court to consider the act of tree planting as community service. That would be consistent with the proper separation of the Legislative branch of government from the Judicial branch. REFERRED TO THE COMMITTEE ON FINANCE. No. 43 Increasing Penalties and Signage for City-owned Properties Item No. 191, C.C.P., 7/23/96 You have requested the Law Department to prepare an ordinance amendment requiring all vacant City-owned housing properties to be clearly identified as being owned by the City and that such signage include notification of the penalties for abusing such properties. Before the Common Council passes legislation requiring this, we would like to raise certain issues for the Council's consideration. At a convenient time and place, the Law Department would like the opportunity to discuss this idea with the Common Council. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 44 Cancellation of a Laundromat Bond 1396 Broadway It is hereby certified that the following bond is hereby canceled as of September 17, 1996 because the principal is no longer in business in the City of Buffalo. Bond Principal: Philip & G. Sperandeo d/b/a Char Al Laundromat By: Peerless Insurance Company Amount: $2,000 Bond# SR26312 Said bond described is hereby released and canceled as to future liability in accordance with the provisions of Section 47 of the Charter as mended. RECEIVED AND FILED No. 45 Report of Emergency Demolition Bid(s) 256 Gibson, etc. Due to the very serious and hazardous condition(s) of the fire-damaged building(s) located at the below stated property(ies), inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building(s) and/or (2) the resulting dangerous and hazardous condition which exists at this(these) location(s), i.e. in accordance with the guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on September 6, 1996 and the contract(s) will be awarded to the following lowest responsible bidder(s): ADDRESS and OWNER CONTRACTOR and BID Aggregate Bid GEORGIAN BAY 256 Gibson $6,000.00 City of Buffalo 24 C St. $6,000.00 City of Buffalo 572 Wilson $6,000.00 City of Buffalo $18,000.00 - total aggregate bid 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 CAPITAL PROJECTS FUND #200-241-001-00000. REFERRED TO THE COMMITTEE ON FINANCE. No. 46 Report of Emergency Demolition Bid(s) 273 Glenwood Due to the very serious and hazardous condition(s) of the fire-damaged building (s) located at the below stated properties), inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building(s) and/or (2) the resulting dangerous and hazardous condition which exists at this(these) location(s), i.e., in accordance with the guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on September 13, 1996 and the contract(s) will be awarded to the following lowest responsible bidder(s): ADDRESS and OWNER CONTRACTOR and BID 273 Glenwood BATTAGLIA CONCRETE CONST City of Buffalo $4,120.00 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body, that the cost of the project be charged to the CAPITAL PROJECTS FUND #200-241-002 REFERRED TO THE COMMITTEE ON FINANCE. No. 47 Report of Emergency Demolition Bid (s) 136 Hertel Due to the very serious and hazardous condition(s) of the building(s) located at the below stated property(ies); inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building(s) and/or (2) the resulting dangerous and hazardous condition which exists at this(these) location(s), i.e., in accordance with the guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on September 18, 1996 and the contract(s) will be awarded to the following lowest responsible bidder(s): ADDRESS and OWNER CONTRACTOR and BID 136 HERTEL GREAT LAKES CONT. CORP ROBERT R CONBOY $3,999.00 P.O. Box 463 - Hertel Station Buffalo NY 14207-0463 Please be further advised that the sewer and water services will be terminated by the demolition contractor and Us 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 of the City of Buffalo. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated September 19, 1996, be received and filed; and That the award by the Commissioner of Community Development of an emergency demolition contract to Great Lakes Contracting Corp. at a cost of $3,999.00, relating to 136 Hertel Avenue, is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter II 3 of the Code of the City of Buffalo. PASSED. AYES - 13 NOES - 0 No. 48 Report of Emergency Demolition Bid(s) 188 Jewett Due to the very serious and hazardous condition(s) of the fire-damaged building(s) located at the below stated property(ies), inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building(s) and/or (2) the resulting dangerous and hazardous condition which exists at this(these) location(s), in accordance with the guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on September 6, 1996 and the contract(s) will be awarded to the following lowest responsible bidder(s): ADDRESS and OWNER CONTRACTOR and BID 188 JEWETT AVE EASTWOOD INDUSTRIES City of Buffalo $5,800.00 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body, that the cost of the project be charged to the CAPITAL PROJECTS FUND #200-241-002-00000. REFERRED TO THE COMMITTEE ON FINANCE. No. 49 Report of Emergency Demolition Bids(s) 482 Sweet, etc. Due to the very serious and hazardous condition(s) of the building(s) located at the below stated property(ies), inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building(s) and/or (2) the resulting dangerous and hazardous condition which exists at this(these) location(s), in accordance with the guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on September 6, 1996 and the contract(s) will be awarded to the following lowest responsible bidder(s): ADDRESS and OWNER CONTRACTOR and BID 482 SWEET & garage GREAT LAKES CONT. CORP BOBBY J PATTERSON $5,200.00 497 Cambridge Buffalo NY 14215 38 HOWLETT DELMONTE DEMOLITION JOSEPH GIARDINA $6,100.00 9 Parkside Dr. West Seneca NY 14224 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 shad be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances of the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE. No. 50 Report of Emergency Demolition Bid(s) 676 Sycamore, etc. Due to the very serious and hazardous condition(s) of the building(s) located at the below stated property(ies), inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building(s) and/or (2) the resulting dangerous and hazardous condition which exists at this(these) location(s), i.e., in accordance with the guidelines outlined in Chapter 113 of the ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on August 30, 1996 and the contract(s) will be awarded to the following lowest responsible bidder(s): ADDRESS and OWNER CONTRACTOR and BID 676 SYCAMORE GREAT LAKES CONT. CORP Russell Arnone $3,500.00 676 Sycamore Buffalo NY 14212 101 COIT LEBIS ENTERPRISES Steve Palinski $5,500.00 63 Clemo Buffalo NY 14206 293 COIT & garage GREAT LAKES CONT. CORP Marilyn D Johnson $5,400.00 198 Hutchinson Buffalo NY 14215 546 WILLIAM & garage YOUNG'S AUTO & HOUSE. Jeanne M Bilups $7,135.00 77 Richlawn Buffalo NY 14215 273 DETROIT GREAT LAKES CONT. CORP Inez & James Curcton $4,400.00 383 Emslie Buffalo, NY 14206 1044 SMITH YOUNG'S AUTO & HOUSE. Michelle Smith $4,980.00 126 Waverly Buffalo NY 14208 229 GREY GREAT LAKES CONT. CORP Kattie Clay $3,800.00 30 East Utica Buffalo NY 14209 231 GREY & garage GREAT LAKES CONT. CORP Dorean Klenke $5,800.00 370 Dewey Buffalo NY 14214 145 MILLS (rear) LEBIS ENTERPRISES Linda P Stotz $4,750.00 675 Cayuga Creek Rd Cheektowaga NY 14227 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 #500-000-002-0000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances of the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE. No. 51 Report of Emergency Demolition Bid(s) 368 Walnut Due to the very serious and hazardous condition(s) of the building(s) located at the below stated property(ies), inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building(s) and/or (2) the resulting dangerous and hazardous condition which exist at this(these) location(s), i.e.. in accordance with the guidelines outlined in Chapter 113 of the ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on August 2, 1996 and the contract(s) will be awarded to the following lowest responsible bidder(s): ADDRESS and OWNER CONTRACTOR and BID 368 WALNUT LEBIS ENTERPRISES John Campbell $5,900.00 c/o Ash Mehammed 368 Walnut Buffalo NY 14204 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 of the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE. No. 52 Bids - Play Facility Renovations I hereby request permission to take bids for the above project; and have asked for and received the following bids for Play Facility Renovations on September 25, 1996: Company Bid Chesley Corporation $13,500 Gleason's Nursery $19,595 I hereby certify that the foregoing is a true and correct statement of the bids received. Therefore, Chesley Corporation, 28 Garden Avenue, West Seneca, N.Y. is the lowest responsible bidder in accordance with the plans and specifications, in the base bid amount of $13,500. I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 200-717-024. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated September 25, 1996 be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for Play Facility Renovations, to Chesley Corporation, the lowest responsible bidder in the amount of $13,500.00. Funds for this project are to be charged to the Bond Fund Account 200-717-024. PASSED. AYES - 13 NOES - 0 No. 53 Bids- New Play Equipment - Lanigan Playground I hereby request permission to take bids for the above project; and have asked for and received the following bids for new play equipment - Lanigan Playground on September 5, 1996. Deduct Deduct Company Base Bid Alt. 1 Alt. 2 Gleason's Nursery $56,680 $4,600 $3,069 I hereby certify that the foregoing is a true and correct statement of the bids received. Therefore Gleason's Nursery, 4780 Sheridan Dr., Williamsville, New York 14221 is the lowest responsible bidder in accordance with the plans and specifications, in the base bid amount of $56,680. I recommend that Your Honorable Body authorize the city to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Accounts 200-717-019, 200-717-005 and 200-717-075. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated September 5, 1996 be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for New Play Equipment - Lanigan Playground, to Gleason's Nursery, the lowest responsible bidder in the amount of $56,680.00. Funds for this project are to be charged to the Bond Fund Accounts 200-717-019, 200-717-005 and 200-717-075. PASSED. AYES - 13 NOES - 0 No. 54 Req. Payment Niagara Square Trees I hereby request permission from Your Honorable Body to pay the vendor, Horticultural Associates, P.O. Box 24645, Rochester, New York 14624 the balance of $9,260 for the trees they provided for the Niagara Square Beautification Project. The original intention was to raise private funds to pay for these trees but to date the fund raising efforts have fallen short. Only approximately one quarter of the funds have been raised after five months effort. We cannot penalize the vendor for the failure of the private sector fund raising efforts by asking him to wait for payment indefinitely. I recommend that Your Honorable Body authorize the city to compensate the vendor in the above amount. Funds for this work are available in Bond Fund Account 200-717-024. REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL. No. 55 Restaurant Dancing Class IV 356 East Delavan Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for Restaurant Dancing Class IV located at 1356 East Delavan and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant Dancing Class IV is being sought and according to the attached reports from the Fire Department and the Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Walter Miller. The report from the Police Department recommending approval is attached hereto for Walter Miller, Bennett-Wells Post 1780, Inc. at 1356 East Delavan. This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 56 E. Billups - Req. Cleaning Frm. ECC Site-Main/Riley Item No. 99, C.C.P., 7/23/96 In response to the above reference Common Council communication I would like to supply your Honorable Body with the following information. The initial complaint regarding this property was made by the Buffalo Preservation Board. This property was inspected on May 14, 1996 by Building Inspector Louis Pettrucci. The owner was sent a Notice of Violation. Please be advised that no work was performed and this property has had a Summons and Complaint generated by the Division of Inspections, Licenses and Permits for Housing Court. As this paperwork has just recently been submitted, no arraignment date has been scheduled. Please rest assured that our Department will do everything in its power to assure compliance with the Housing and Property Code. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 57 Increased Penalty - City Property Item No. 191, C.C.P., 7/23/96 In reference to the above stated Common Council communication I would like to supply your Honorable Body with the following response. The volume of City owned property has ballooned in recent years because of the previous owners lack of maintenance and the length of time it takes for the City to foreclose on these properties. Most if not all of these properties are in such dire need of major repairs that their reconstruction or rehabilitation is not economically feasible. As the City of Buffalo gains title to these properties it does not have the resources to maintain these properties even to the minimum standards we enforce. Damage to or illegal activity upon these premises is a matter for the Department of Police. We in the Department of Community Development are in agreement that the posting of these City owned structures would not only identify them so as to help The Department of police in the discharge of their duties, but may also limit the number of complaints refereed to this office because of the conditions of these buildings. With these buildings identified as City owned the Division of Real Estate of the Department of Audit and Control could field complaints from concerned citizens and inform them of the eventual disposition of these properties. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 58 HOME Funds/C.D.B.G. Funds 253 E. Eagle Street I am respectfully requesting your approval for a total of $300,000-00 of HOME funds to assist in the construction of 26 new townhouse units, Phase III of the Ellicott Mall project. The townhouses will consist of 12 market rate units, and 14 units set aside for sale to low/mod income buyers. The loan terms will be 2% for 20 years. Also, I am asking for approval for $60,000.00 of C.D.B.G. funds at 0% for 15 years. Mrs. LoTempio moved: That the Commissioner of Community Development be and he hereby is authorized to use $300,000 of HOME Funds in the construction of 26 new townhouse units, Phase III of the Ellicott Mall Project, under loan terms of 2% for 20 years and to use $60,000.00 of Community Development Block Grant funds at 0% for 15 years. PASSED. AYES - 13 NOES - 0 No. 59 Permission to Accept Fund Transfer Northeast Parkway I respectfully request that Your Honorable Body accept a fund transfer for the Northeast Parkway as follows: $75,000 from: CDBG 97-40200 American Axle Access Road $75,000 to: Department of Public Works C.P.A. 200-401-562 Northeast Buffalo Parkway/American Axle Project The purpose of this transfer is to combine the required design funds in the Department of Public Works to finalize the plans and specifications for the second phase of this project. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 60 Certificate of Appointment Appointment Effective September 13, 1996 in the Department of Administration and Finance, Division of Parking Enforcement, Leroy Moses, 359 Suffolk Apt 11, Buffalo 14215 to the Position of Laborer I, Permanent, at the Maximum Starting Salary of $10.54/hr. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION No. 61 City Housing Court Use Tree Planting as Restitution for Violations Item No. 252, C.C.P., 9/17/96 I have reviewed the above-titled matter and am in agreement with the idea that property owner violators be ordered to pay money into the City's tree planting fund set up under the tree replacement ordinance passed in 1990. The priorities of the Division of Forestry is the maintenance of trees (pruning or removal). The moneys placed into this fund would supplement the dollars already provided for tree replacement. (plantings). It has been long standing policy of the Department of Human Services, Parks and Recreation to distribute planting equally per Council District. We do not agree that these moneys solely allocated to a specific area. All or part of the restitution becoming available for tree plantings would help us to fill the ever-growing list of requests for new trees, requests that come in from every area of the City. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BOARD OF EDUCATION No. 62 Establish Joint Minority/Women owned Business Enterprise Utilization Policy with Buffalo Public Schools and City Item No. 224, C.C.P., 9/17/96 The Board of Education is on record in support of minority/women owned business enterprises. The last major project completed by the Board of Education was the Stanley Makowski School at Jefferson and Best Streets. This project had approximately thirty-four percent minority participation. The Board has a history of involving minorities to the fullest extent and requires an equal employment opportunity statement on each bid received in the Purchase Department. The Board of Education's Executive Committee discussed this item at length and the only delay to finalizing a new policy was completion of a study conducted by the Corporation Counsel's Office as it applied to the Richmond Decision. The Board is anxious to see the study completed by the Corporation Counsel's office and to discuss the establishment of a joint policy. This item will be on the Councils Education Committee's agenda for October 9, 1996 and the Board will be represented to discuss the mechanism needed to establish the joint policy. REFERRED TO THE COMMITTEE ON EDUCATION AND CORPORATION COUNSEL. FROM THE BUFFALO SEWER AUTHORITY No. 63 K. Helfer - Deployment of Swr. Maint. Employees to Streets Item No. 72, C.C.P., 9/17/96 Pursuant to your correspondence dated September 18, 1996, the Buffalo Sewer Authority welcomes the opportunity to help and assist the Department of Street Sanitation in such services as street sweeping and vacuuming of leaves. In order to facilitate this action properly, I am requesting that these tasks remain under the jurisdiction of the Department of Street Sanitation. This would help both departments overcome any potential grievances and/or violations of the Collective Bargaining Agreements with respect to C.W.A. Local 1186 and Local 264. The Buffalo Sewer Authority is in the process of settling their differences between C.W.A. Local 1186 and management. I believe this contract will be presented to the general membership for ratification sometime in mid-October. Subsequent to ratification, I would like to afford the Union an opportunity to participate in this joint venture. Working collectively, the mayor's office, Common Council, Department of Street Sanitation and the Buffalo Sewer Authority certainly demonstrate that we are able to provide better services while containing costs, a goal that must never be compromised. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CITY CLERK No. 64 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 333 Franklin St. Skychicken Inc. Bartholomew J. Hart 88 W. Chippewa St. Crocodile Bar Patrick J. Kelleher 350 Main St. Banana Joe's Patrick J. Kelleher Sports Bar & Grill 1678 Main St. Rhino Bar Patrick J. Kelleher 520 Niagara St. Tim's Rendezvous Timothy J. O'Leary RECEIVED AND FILED. No. 65 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor/Mayor Executive - Timothy Higgins (Stad. & Aud.) Comptroller - Daniel Bohen Public Works - Paul Slomba, Daniel Granville, Juli-Lyn Gaglia RECEIVED AND FILED. No. 66 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: Board of Stadium and Auditorium City Planning Board RECEIVED AND FILED. No. 67 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 Sept. 23, 1996 in the Department of Common Council, to the Position of Intern III, Seasonal, at the Flat Starting Salary of $5.00 per hr. Sarah C. Mangus, 506 Fillmore Avenue, Buffalo, NY 14206 Appointment Effective 9/24/96 in the Department of Council President to the Position of, Intern VI, Seasonal, at the Flat Starting Salary of $10.00 per hr Sharon Alexander, 264 Glenwood Avenue, Buffalo, NY 14208 Appointment Effective 8/26/96 in the Department of Common Council to the Position of Intern I, Seasonal, at the Flat Starting Salary of $4.25 Kevin J. Helfer Jr., 231 Lisbon Avenue, Buffalo, New York 14215 No. 68 Appointments - Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Appointment Effective Sept 23, 1996 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Program, to the Position of Intern III, Temporary, at the Flat Starting Salary of $5.00 per hr. Rose Roman, 232 West Ave., Buffalo, N.Y. 14201 Lianel Rodriguez 513 Plymouth Apt 2, Buffalo, N.Y. 14213 Deana LoVallo, 12 Wellington Rd., Buffalo, N.Y. 14216 Appointment Effective Sept 8, 1996 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Program, to the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00 per hr. Calvin Brown, 32 Wade Street, Buffalo, N.Y. 14214 No. 69 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF STADIUM & AUDITORIUM Appointment Effective September 30, 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 Russell Olivieri, 50 Pavonia Street, Buffalo, 14207 DEPARTMENT OF ASSESSMENT Appointment Effective September 16, 1996 in the Department of Assessment, to the Position of Clerk, Seasonal, at the Flat $5.20/Hour Michael Anderson, 10 Seventh St., #709, Buffalo, NY 14201 PUBLIC WORKS Appointment Effective 9-23-96 in the Department of Public Works, Division of Engineering, to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22 Helen A. Miranda, 7 Susan Lane, Buffalo, NY 14202 Appointment Effective Sept. 23, 1996 in the Department of Public Works, Division of Buildings, to the Position of Laborer I, Temporary, at the Minimum Starting Salary of $9.29. Ann M. DiStefano, 1016 Amherst Street, Buffalo 14216 Appointment Effective Sept. 23, 1996 in the Department of Public Works, Division of Engineering, to the Position of Laborer I, , Seasonal, at the Flat Starting Salary of $9.29. Brian Purcell 27 Athol St., Bflo., NY 14220 Earl Rott, 382 Abbott Rd., Bflo., NY 14220 Franklin Johnson, 224 Brunswick, Bflo, NY 14208 DEPARTMENT OF STREET SANITATION Appointment effective Sept. 19, 1996 in the Department of Street Sanitation Department to the Position of Seasonal Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr. Eli Hazzan, 75 Cheltenham Drive, Buffalo, New York 14216 DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION Appointment Effective September 26,1996 in the Department of Human Services, Division of Parks, to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92. Mike Ester, 91 E. Delavan, Buffalo 14215 Daniel Gant, 51 Brunswick Blvd, Buffalo 14208 John Kregg, 443 Linwood, Buffalo 14209 Willie Simmons, 81 Waverly, Buffalo 14208 Alra Staples, 57 Plymouth, Buffalo 14210 Joseph Thompson, 140 Deerfield, Buffalo 14215 Judith Zaccagnino, 178 Fenton, Buffalo 14206 No. 70 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 POLICE Appointment Effective September 16, 1996 in the Department of Police, to the Position of Public Safety Dispatcher, Provisional, at the Minimum Starting Salary of $24,414. Laurice A. Frazier, 1141 Ellicott Street, Buffalo, New York 14209 Appointment Effective September 23, 1996 in the Department of Police, to the Position of Police Lieutenant, Permanent, at the Flat Starting Salary of $49,769. Marcelino Hernandez, 2 Main Street, Bowmansville, N.Y. 14026 Joseph Makowski III, 363 Vistula Ave, Orchard Park, N.Y. 14127 Dennis J. Richards, 39 Groveland Street, Buffalo, N-Y. 14214 Appointment Effective September 23, 1996 in the Department of Police to the Position of Cellblock Attendant, Contingent Permanent, at the Minimum Starting Salary of $22,934. Richard L. Welch, 189 Hastings Avenue, Buffalo, New York 14215 DEPARTMENT OF FIRE Appointment effective 8/16/96 in the Department of Fire, to the Position of Communication Specialist, Provisional, at the minimum Starting Salary of $25,421. Ronald W. Breier, 32 Hubbell Avenue, Buffalo, New York 14220 Appointment Effective 9/23/96 in the Department of Fire, to the Position of Fire Lieutenant, permanent, at the flat Starting Salary of $48,310. Robert L. Acosta, 177 Harding Road, Buffalo, 14220 Appointment Effective September 26, 1996 in the Department of Fire, to the Position of Fire Lieutenant, contingent permanent, at the flat Starting Salary of $48,310. Owen Tober, 5149 Crittenden Road, Akron, 14001 Appointment Effective Sept. 23, 1996 in the Department of Fire, to the Position of Fire Captain, permanent, at the flat Starting Salary of $50,763. Marc Cheman, 7361 Eddy Road, Colden, 14033 Appointment Effective Sept. 29. 1996 in the Department of Fire, to the Position of Fire Captain, contingent permanent, at the flat Starting Salary of $50,763. Joseph Nowadly, 62 Wellington Road, Buffalo, 14216 Appointment Effective September 23, 1996 in the Department of Fire, to the Position of Battalion Chief, permanent, at the flat Starting Salary of $55,349. Louis Gandy, 62 Maria Lane, West Seneca, 14224 Appointment Effective Sept. 27, 1996 in the Department of Fire, to the Position of Battalion Chief, contingent permanent, at the flat Starting Salary of $55,349. Jack Hess, 203 Capen Blvd., Amherst, 14226 DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION Appointment effective Sept. 23, 1993 in the Department of Human Services, Division of Parks, to the position of City Forester, Provisional, at the minimum starting salary of $35,455. Peter Pasnik, 187 Pleasant Ave., Hamburg, NY 14075 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 71 EMPIRE STATE DEVELOPMENT Zemco Industries Inc. -Economic Development Infrastructure Project Enclosed, please find a copy of the General Project Plan (the "Plan") and findings for the proposed Zemco Industries, Inc. Economic Development Infrastructure Loan and Grant Project in the City of Buffalo. In accordance with Section 16(2) of the New York State Urban Development Corporation Act (Chapter 174 of the Laws of 1968), as amended, we request that the Plan and findings be filed in your office. A public hearing for this project will be held in the City of Buffalo, 13th Floor, Council Chambers on Friday, October 11, 1996 from 1:30 p.m. to 2:30 p.m. Thank you for your cooperation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 72 ERIE COUNTY DEPARTMENT OF HEALTH Approval of Application Ellicott Town Center - Phase II Enclosed is the Certificate of Approval of Realty Subdivision Plans for the Ellicott Town Center, Phase II, which was approved by this Department on September 5, 1996. Mrs. LoTempio moved: That the Certificate of Approval of Realty Subdivision Plans for the Ellicott Town Center, Phase II from the Erie County Department of Health be and hereby is approved. PASSED. AYES - 13 NOES - 0 No. 73 ERIE COUNTY LEGISLATURE Support Landlord Licensing Ordinance I am writing to express my support for Council Member Franczyk's Landlord Licensing ordinance. While I recognize that the proposal is not a panacea, it can serve as a tool to monitor irresponsible landlords. I acknowledge that honest landlords should not be held liable for damage inflicted by tenants. But the greater problem lies with those who feel that they can drain money from a property without a modicum of concern for those living nearby. It is unfortunate that this law is needed, but we live in a society that often neglects personal and corporate responsibility. This law, if enforced properly, will aid those landlords who are the victims of irresponsible tenants just as much as it will protect neighborhoods from capricious property owners. Recent housing stock is vital to the future of any community. We are blessed with many remarkable, but older buildings. Those structures, if properly tended, are an urban advantage that cannot be matched in newer, but more sterile, suburbs. I encourage you to support the ordinance, Thank you for your cooperation. RECEIVED AND FILED No. 74 FOREST DISTRICT CIVIC ASSN. Opposition - Garbage User Fee The members present at our September meeting are opposed to the proposed new "user garbage pick up fee" that is due to be passed in the very near future. Some of the reasons are: 1. There should have been a city wide referendum. Not everyone generates the same amount of waste. 2. The payment of this fee should be deductible as regular taxes are. 3. This fee leaves an opening for all other services to be given user fees, along with our regular taxes. Years ago, more time and effort should have been made to keep up with our "housing stock" so that our tax base would not have reached this crisis level. We doubt anything is going to change from our letter, but we are on record as being opposed. RECEIVED AND FILED No. 75 IMMACULATE CONCEPTION CHURCH Request Inspector - 166 Edward St. Sign for Curve on Elmwood At the end of June, this year, I called the inspectors office to please look at the property on 166 Edward. The place is a mess. They said they would be there on the 1st week to date no one has showed. I realize there busy but we've been patient enough. The grass is at lease six feet tall. Debris of all kinds, litter the yard. Can something be done about this? Also could some kind of a device be put on Elmwood to warn people of the curve? Drivers go through here like Indy 500 in winter they skid into house, fence, etc. Your kind and immediate attention will be appreciated. Thank you. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF COMMUNITY DEVELOPMENT, THE COMMISSIONER OF STREETS AND THE COMMISSIONER OF PUBLIC WORKS. No. 76 BONNIE MARTIN Opposition - Garbage User Fee I am writing to you about the proposed garbage fee. I am a single woman living alone, upstairs from another single woman. We live in one of the many double homes in the city of Buffalo. I put out about one bag of garbage every three or four weeks. She puts out one every other week or so. Between the two of us we do not put out the equivalent of a bag a week. Yet, because we live in a double house we will be charged the cost for a two dwelling building while a family down the street in a single dwelling that averages three to four bags a week will pay less. I maintain that this is unfair taxation of those persons who are not big consumers. We will, in effect, be paying for the pick-up of other people's garbage. This is not only a burden to us but also to those senior citizens who also do not put out much garbage. The flat rate encourages waste. I propose what I read has been done in other cities, tags or marked bags that each household purchases and uses as needed. Perhaps these bags could be sold in the local supermarkets. This way each household would pay for the portion of the service they use. They would not be paying for someone else or riding along on someone else's tab. I realize that this would be more complicated and take more work to put into effect. But, it would encourage those who are large consumers with much waste to either rethink their habits and cut down or pay for their consumption. It would also reward those who are "frugal." It might even make some people think that government really does care about making each person carry their own weight. Those who are low consumers would pay less, as it should be. I am asking that you, the Commissioner of Public Works, the Commissioner of Streets, and the Common Council seriously consider alternate methods of charging for garbage pick up that would be more just for all the citizens of our city. The current plan feels like the times I have gone out to eat with a group of several people. I ordered the cheapest item on the menu because I did not have a lot to spend. The others ordered more expensive items. Then, when the check came the group decided to split the check evenly instead of figuring out what each one owed. I usually went along with it only because it was too much trouble to argue. Well, I'm tired of being careful with my money and expenses only to be given part of someone else's bill to foot. Please, Mr. Masiello, reconsider. I am not alone out here. RECEIVED AND FILED No. 77 GINA MAZUCA Offer To Purchase Typewriter I would like to submit a bid in the amount of $10.00 for the purchase of the Panasonic Typewriter Model Ex-E-700m which includes the Screen. This particular model has been repaired several times and is now in need of additional repairs. It was purchased in 1985 and the City is not making any further repairs. Please advise me if this purchase is possible. Thank you for your consideration in this matter. Mrs. LoTempio moved: That the above communication from Gina Mazuca dated September 5, 1996 be received and filed; and That the Commissioner of General Services be, and he hereby is, authorized to accept $10.00 for the purchase of a Panasonic Typewriter Model Ex-E-700m with a screen, from Gina Mazuca. PASSED. AYES - 13 NOES - 0 No. 78 NYCLU Raids on Arab Delicatessens The New York Civil Liberties Union is concerned about what could be interpreted as an unfair targeting of Arab-owned delicatessens on the East Side. We of course realize it is necessary to inspect and investigate food stores about which there have been complaints concerning unsanitary conditions and/or illegal activities. And without question, owners of stores that are in violation of health codes should be required to bring their stores into compliance; stores found to be participating in or promoting criminal activities should be closed and the owners charged. The situation on the East Side, however, is a delicate one, since it involves a minority immigrant group operating businesses in the heart of a predominantly African-American section of the city. True, some of the Arab-American store owners are guilty of health code violations and/or illegal activity. But NYCLU's concern is that by targeting the Arab-owned stores, the message you may be sending to area residents is that they are right not to trust the Arab-Americans, right to try to shut down their stores, right to run them out of the neighborhood. Once an atmosphere of distrust and hatred is created, and seemingly officially sanctioned, it doesn't take much for these store owners to be seen as fair game. It is quite possible that the fervency of the emotional climate in the neighborhood may have played a part in inciting the African-American teenagers responsible for the recent murder of a Yememite store clerk. At a time such as this, it is particularly important for community and public leaders to step forward and speak with the voice of caution and common sense to prevent vigilante-type behavior. Your desire to crack down on illegal activities at these stores is certainly understandable. However, it is important to do so in a way that avoids the public perception that the Arab-American store owners alone are being targeted. We sincerely hope that your future words and actions will not give rise to questions concerning equal treatment. One very practical way to avoid any such criticism would be to expand the operations of the Deli Task Force to monitor stores on a city-wide basis. There are small food stores all over the city operating under unsanitary conditions and participating in illegal activities. For instance, there is at least one on Hertel Avenue that bears looking into. In addition, why not return to regulations that used to be enforced: inspect all stores before they open to make sure they conform to health codes, and then inspect them on a regular basis after that -- not by large groups of officials, but simply by an inspector on his/her normal rounds. REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL. No. 79 NYSDOT Reconstruction of Church Street The completed work on this contract was accepted by this department on August 29, 1996. The maintenance responsibilities for those features indicated on the attached contract plan sheet are hereby turned over to your agency. RECEIVED AND FILED No. 80 NY REAL PROPERTY SERVICES Certificate - Final Adjusted Base Proportions 1996 Assessment Roll I, Vincent J. O'Connor, Director of Regional Operations and Full Value Measurement, hereby certify that on September 5, 1996 the State Board of Real Property Services established final adjusted base proportions for the classes and portion listed below on the 1996 assessment roll of the City of Buffalo: PORTION HOMESTEAD NON-HOMESTEAD City of Buffalo 51.019532 48.980468 REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ASSESSMENT. No. 81 ROSWELL PARK Modernization Program M/WBE Minority Participation Enclosed please find information regarding minority participation statistics and a current project progress overview. If you have any questions about this report do not hesitate to call our office. Thank you. RECEIVED AND FILED No. 82 TCI 1995 Annual Report Enclosed is a copy of the 1995 Telecommunications, Inc. Annual Report as released from the corporate office. This report contains a comprehensive review of TCI's developments for the year of 1995. I hope you find the information to be interesting and informative. Feel free to call if you any questions. REFERRED TO THE COMMITTEE ON TELECOMMUNICATIONS. PETITIONS No. 83 Paradise Opportunities, owner Petition to use 36 Stanislaus for a halfway house. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 84 Franklin St. Partners - Use 488 Franklin Enlarge existing sit-in restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CITY PLANNING BOARD. No. 85 Marguerite Jackson and others Oppose City of Buffalo Garbage Fee RECEIVED AND FILED. No. 86 Elise Salter & Others Object To User Fee, etc. RECEIVED AND FILED REGULAR COMMITTEES CLAIMS HON. BONNIE K. LOCKWOOD CHAIRMAN No. 87 Claims Committee Report Compromise And Settlement Of Actions For Personal Injury That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A 1. William Barber $9,000.00 A 2. John J. & Delphine Burgio $8,000.00 A 3. Jason Carpenter $15,000.00 A 4. Mary Johnson as Administratrix of the Estate of Gregory Johnson and Ebony Adams as P/N/G of Tyshawn Anthony Johnson, an Infant $60,000.00 A 5. Marilyn LaValley $35,000.00 William Hoock $500.00 Michael Muessling $1,000.00 David Hoock $5,000.00 Robert Drews $500.00 Total $42,000.00 A 6. Michael Lepo $2,500.00 A 7. Arcinda McDougaid PN/G of Tyron Huggins an Infant $20,000.00 A 8. Theresa McCarthy $32,000.00 A 9. Yolanda R. Staples and Doran M. Spell $15,000.00 A 10. Thomas K. Wood $12,000.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED. * AYES - 13 NOES - 0 * Messrs. Helfer and Franczyk voted in the negative on A-4 only. No. 88 Property Damage That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: B 1 Sarah E & Pieter Aarsen Claim for damages to a 1993 Mazda Protege. A large dead tree branch from the tree in front of 231 Minnesota Avenue fell on the vehicle damaging the roof and breaking the windshield. $543.24 B 2. Joan Barone Claim for damage to a 1991 Dodge Colt on Forest Avenue. Claimant hit a sink hole on Forest between Parkdale and Rees. $139.09 B 3. Charles B. Colern Claim for a pair of eyeglasses broken in the line of duty in the Fire Department. $280.00 B 4. Cynthia Elliott Claim for damage to a 1986 Pontiac Sunbird. When she picked up the vehicle at the Tonawanda Impound Garage she was informed that there was damage on the passenger side of the vehicle. $500.00 B 5. David & Nelson Gannon Claim for damage to a chain link fence at 409 Cumberland Avenue. A large branch from a City tree fell on a section of the fence. $650.00 B 6. Jill & Stephen Giamberdino Claim for a broken windshield on a 1988 Honda. One of the Department of Street Sanitation recycling workers threw a recycling box and inadvertently struck the windshield of the vehicle as it was passing by. $394.34 B 7. Dawn C. Hunter Claim for damage to a 1989 Honda Accord. A large dead tree branch from the tree in front of 45 College Street fell on the vehicle breaking the windshield and damaging the trunk. $1,006.51 B 8. Cranston Kelley Claim for a 1990 Oldsmobile Cutlass. The vehicle was taken by the City during a drug arrest on May 19, 1995. The vehicle was to be held as evidence pending the outcome of a trial. The vehicle was inadvertently turned over to the City via a transfer of title. $4,320.00 B 9. Marcella Kirsch Claim for replacement of a basement sump pump which was damaged. A large piece of curb fell and broke claimant's connection at the main sewer which allowed rain water to back up in the basement at 149 Virgil Avenue. $206.10 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED. AYES - 13 NOES - 0 No. 89 Property Damage B 10. Nichol's School This is a claim for costs incurred as a result of a water line leak on Lincoln Avenue adjacent to the Nichol's School. On March 12, 1996 a water leak was detected at that location. The Division of Water was notified. A City inspector incorrectly notified the school that the leak was the responsibility of the school. Upon excavation it was determined that the leak was on the City main. The Corporation Counsel recommends payment in the amount of $1,665.18. Mrs. Lockwood now moved: The approval of the claim of Nichol's School in the amount of $1,665.18 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, hereinabove named, in the amounts set opposite their names and delivered to them upon the delivery of the proper releases where indicated. PASSED. AYES - 13 NOES - 0 No. 90 Property Damage That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B 11. John Pinzone Claim for doors damaged during a drug raid at 838 Niagara Street. $986.00 B 12. Joseph P. Sammarco Claim for damage to a 1986 Chevrolet Celebrity to a City employee who works for the Department of Street Sanitation at the City Animal Shelter, 380 North Oak Street. A large City sign blew onto his vehicle. $430.38 B 13. George Schaeffer Claim for plumbing costs incurred as a result of a waterline break at 251 Summit. $3,150.00 B 14. Frank V. Vullo Claim for damage to a 1986 Chevrolet Caprice on Military Road under the viaduct near Hinman Avenue. The City Clerk's Office had been previously notified of this hazardous condition. $276.06 B 15. Mikhall But-Gusaim Claim for damage to a 1993 Ford Probe at 520 Amherst Street. The Division of Water had excavated about two weeks previous to repair a leak on the watermain. It appears that the ground began sinking shortly after it was backfilled. $547.99 B 16. Henry Mickell Claim for damage to a 1979 Lincoln Mark Coupe at 920 Sycamore Street on December 10, 1995 due to a missing metal plate over an excavation.. The Division of Water excavated that area on December 4, 1995 because of a leak in the street. $603.07 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED. AYES - 13 NOES - 0 No. 91 Miscellaneous Invoice That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: C 1. Affordable Locksmith Claim for payment of prior fiscal year Invoice 914732 for services rendered to the Police Department on March 19, 1996. $228.50 C 2. Buffalo General Hospital Claim for payment of a prior fiscal year invoice for services rendered to Police Officer Lizzie Sneed who fell into a hole and injured her head, back and leg. $368.85 C 3. Buffalo Psychiatric & Internal Medicine Associates Claim for payment of a prior fiscal year invoice for services rendered to the Civil Service Commission for a Police Officer. $300.00 C 4. Buffalo Small Animal Veterinary Services Claim for payment of a prior fiscal year invoice for veterinary services rendered to the City of Buffalo for the month of June 1996. $1,000.00 C 5. Colgate Heating Corporation Claim for payment of prior fiscal year Invoice #7309 for services rendered to P/W Division of Buildings for City Hall and City Court heating problem repairs. $8,578.20 C 6. The Copy Store, Inc. Claim for payment of prior fiscal year Invoice #19447 for services rendered to the Department of Law regarding USA vs. City. $176.18 C 7. Demerly Technologies Claim for payment of prior fiscal year Invoice #96-6311 for services rendered to the Police Department. $161.99 C 8. Erie County Medical Center Claim for payment of prior fiscal year Invoice #610904229 for medical services rendered to Police Officer Ronald Hunter who slipped on ice injuring his hand and arm on March 2, 1994. $355.62 C 9. Erie Niagara Farmers Supply, Inc. Claim for payment of a prior fiscal year invoice for services rendered to P/W Eric Basin Marina. $149.80 C 10. Financial Collection Agency Claim for payment of a prior fiscal year invoice for services rendered to the Division of Collections for March, April, May and June 1996. $58,477.78 C 11. GAR Associates, Inc. Claim for payment of prior fiscal year Invoice #GROO3530 for services rendered to the Department of Law for a real estate appraisal for 290-294 Franklin Street. $2,500.00 C 12. Gateway Physical Therapy Claim for payment of prior fiscal year Invoice #MCGEEDE for services rendered to Police Officer Dennis McGee from May 10 to June 27, 1995 and November 30, 1994. $438.61 C 13. C 13 Jack W. Hunt & Associates, Inc. Claim for payment of prior fiscal year Invoice 41007 1 0 for services rendered to the Department of Law for copies of a brief regarding Civil Service Commission vs. Commissioner of Human Rights. $210.84 C 14. Jansen-Kiener Consulting Engineers Claim for payment of prior fiscal year Invoice #3796 for services rendered to the Department of Law from February to April 1996 regarding City vs. Harold Gantzer. $2,360.00 C 15. Lawyers Cooperative Claim for payment of prior fiscal year Invoices #27-18804, #F924385, #2718803, #F878442 and #F457198 for services rendered to the Department of Law. $303.50 C 16. Lincoln Securities/Archives Claim for payment of prior fiscal year Invoices #964-217 and #964-221 of March 20 and March 21, 1996 to the City Clerk's Office. The invoice is for an elevator that was damaged by records management staff while retrieving records from storage. $1,257.79 C 17. Millard Fillmore Hospital Claim for payment of prior fiscal year Invoice #4420398 for services rendered to Firefighter Dwayne Cathcart who injured his back in the line of duty. $250.02 C 18. Morris, Cantor & Bames Claim for payment of a prior fiscal year invoice for legal services rendered to the Department of Law regarding Watkins vs. City of Buffalo from April 16, 1996 thru May 28, 1996. $147.00 C 19. New York State Fire Investigators Claim for payment of a prior fiscal year invoice for services rendered to the Fire Department. This invoice is for six members of the Fire Department Fire Investigation Unit that attended the 1996 Spring Arson Seminar in Niagara Falls New York on May 3-5, 1996. $390.00 C 20. Prem Com Corporation Claim for payment of prior fiscal year Invoice #4913 for services rendered to the Police Department. $462.00 C 21. Security Mutual Life Claim for payment of prior fiscal year Invoice #FEB95 for a Group Insurance Policy #G-2538 to the Police Department. $1,926.40 C 22. South Buffalo Auto Parts Claim for payment of prior fiscal year Invoice #18126 for services rendered to the City Clerk's Office for repair of a 1988 Oldsmobile Station Wagon. $187.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES - 13 NOES - 0 No. 92 Miscellaneous Payroll D 1. Charles J. Berthiaume This is a claim for payment of a grievance arbitration award. The employee is to receive all Local #264 contractual benefits paid during the period of his wrongful termination, May 15, 1995 through July 23, 1996. The contractual benefits include shoe allowance $75, clothing allowance $50, longevity $910 and a signing bonus of $300. This has all been verified by Labor Relations. The Corporation Counsel recommends payment in the amount of $1,335.00 Mrs. Lockwood now moved: The approval of the claim of Charles J. Berthiaume in the amount of $1,335.00. That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED. AYES - 13 NOES - 0 No. 93 Miscellaneous Payroll That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: D 2. William J. Collins, Jr. Claim for payment for hours worked during the previous fiscal year. Last October 1995 Mr. Collins was hired by the City as a Stationary Engineer during an emergency situation for six days of work. He was never paid for these days. This has all been confirmed by the Deputy Director of Buildings, Phil Nasca. $270.24 D 3. Charles M. Waits Claim for a prior fiscal year education stipend for an employee in the Fire Department (Local #282). Pursuant to contract, the employee is eligible to receive an annual educational stipend in the amount of $350. Payment was not issued on 7/l/93, 7/l/94 and 7/l/95 in error. This has all been confirmed by Labor Relations. $1,050,00 That checks be drawn on the account of 81-2 General City Charges Fund No. 81300809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, hereinabove named, in the amounts set opposite their names and delivered to them upon the delivery of the proper releases where indicated. PASSED. AYES - 13 NOES - 0 No. 94 Report to the Claims Committee That, upon the recommendation of the Common Council the following claim be paid: E 4 Mary Kawczynski Claim in the amount of $502.96 or $547.50 for damage to a 1986 Ford Escort Station Wagon on December 13, 1995 at 56 Cable. Ms. Kawczynski claims that a tow truck pulled her vehicle out of the snow damaging it. $502.96 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES - 13 NOES - 0 No. 95 Report to the Claims Committee That, upon the recommendation of the Common Council, the following claims be paid: E 6. Anthony Piciulo Claim for damaged eyeglasses. Anthony Piciulo is the owner of Tony's Restaurant. His customer Mary Murray tripped over the remnants of an old bike rack which the City installed when it first created the RAPP Lot next to 1464 Hertel. The customer damaged her eyeglasses and Tony reimbursed her as a goodwill gesture and is seeking reimbursement from the City. $30.00 E 7. Samuel M. Ramsey III On April 26, 1996 Mr. Ramsey sustained damage to his 1989 Nissan Maxima due to a pothole in front of 12 Gail Avenue. There is one estimate in the file in the amount of $181.43. Mr. Ramsey contends that previous notification had been given to the City. $181.43 E 8. Rosaline H. Roberts On June 18, 1996 at the Tops Market on Amherst Street, Ms. Roberts received a $55 ticket for parking in a handicapped zone which she paid with a check dated June 18, 1996. Ms. Roberts has a valid handicapped sticker and surmises that it must have fallen to the seat or floor of the car when she closed the door. $55.00 E 9. Edward P. Saar Claim for a excessive water bill from 9-8-95 to 12-7-95 for 116 Ericson Avenue. $1,383.66 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their notes respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES - 13 NOES - 0 CIVIL SERVICE HON. DAVID CZAJKA CHAIRMAN No. 96 Appointment Senior Clerk That Communication 32, September 17, 1996 be received and filed and the Permanent appointment of Phyllis A. Dombrowski stated above at the Maximum salary $23,919.00 effective on September 9, 1996 is hereby approved. PASSED. AYES - 13 NOES - 0 No. 97 Appointment Sr. Engineering Aide That Communication 33 be received and filed and the Permanent appointment of Donald J. Poleto stated above at the Intermediate salary $25,702.00 effective on September 5, 1996 is hereby approved. PASSED. AYES - 13 NOES - 0 No. 98 Appointment Motor Equipment Mechanic That Communication 35 be received and filed and the Permanent appointment of Gregory M. Danieu stated above at the Maximum salary $28,311.00 effective on September 3, 1996 is hereby approved. PASSED. AYES - 13 NOES - 0 No. 99 Appointment Account Clerk Typist That Communication 37 be received and filed and the Permanent appointment of Jill Repman-Parisi stated above at the Intermediate salary $21,732.00 effective on September 9, 1996 is hereby approved. PASSED. AYES - 13 NOES - 0 No. 100 Memorandum of Agreement - City and Local 71 Item No. 57, C.C.P., Sept. 17, 1996 That the Memorandum of Agreement between the City and Local 7 1, International Union of Operating Engineers, for the period July 1, 1996 through June 30, 1998, be approved and ratified. PASSED. AYES - COPPOLA, CZAJKA, FRANCZYK, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS - 10 NOES - BROWN, GRAY, ZUCHLEWSKI - 3 No. 101 Notices Of Appts. - Temp. Prov./Perm. (CityClk) Item No. 67, C.C.P., 9/17/96 That the above item be and the same is hereby received and filed. ADOPTED. No. 102 Salary Ordinance Amendment 21 - 0 Department of Fire 021 - Administrative Services Item No. 226, C.C.P., Sept. 17, 1996 That the Salary Ordinance Amendment as contained in Item No. 226, C.C.P., September 17, 1996, be and the same hereby is approved. PASSED. AYES - 13 NOES - 0 FINANCE HON. DAVID FRANCZYK CHAIRMAN No. 103 Emergency Demolition - 135 Reed Item No. 50, C.C.P., July 9, 1996 Item No. 138, C.C.P., July 23, 1996 That the award by the Commissioner of Community Development of an emergency demolition contract to Cedar Wrecking at a cost of $7,900.00 relating to 135 Reed, 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. 104 Results of Negotiations - 985 Michigan Item No. 21, C.C.P., July 23, 1996 That the offer of Mr. John Vinti of Allscript Pharmacy, Inc., 173 High Street, in the sum of $2,300.00 (Two Thousand and Three Hundred Dollars) to purchase the property described as 985 Michigan Avenue, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser. PASSED. AYES - 13 NOES - 0 No. 105 Results of Negotiations 907 Jefferson, 25 Cayuga and 62 Pershing Item No. 16, C.C.P., Sept. 17, 1996 That the offer of Refuge Temple of Christ, Bishop Robert Sanders, 943 Jefferson Avenue, in the sum of $2,530.00 (Two Thousand Five Hundred and Thirty Dollars) to purchase the properties described as 907 Jefferson, 25 Cayuga and 62 Pershing, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. 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. 106 Abandon and Sell - 887 and 889 Kensington Avenue Item No. 17, C.C.P., Sept. 17, 1996 That the Comptroller be, and he hereby is authorized to negotiate with the Buffalo Enterprise Development Corporation, for the abandonment and sale of 887 and 889 Kensington Avenue in accordance with Article 27, Sections 513 and 514 of the City Charter; subject to the terms and conditions as recommended by the Commissioner of Public Works and the City Planning Board. That the report of the appraisers and the results of such negotiations be reported to the Common Council for final approval and abandonment. PASSED. AYES - 13 NOES - 0. No. 107 Info - Purchase 139 Doat (Compt) Item No. 18, C.C.P., 9/17/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 108 Refund Foreclosure Fee - 104 Ashley Street Item No. 189, C.C.P., July 23, 1996 That the Department of Assessment review their paperwork and action history regarding 104 Ashley Street owned by William and Cora Cieszynski; and That said Department, Common Council, and the Law Department review the circumstances and repay the $400 Foreclosure Fee that should have never been incurred to the tax arrears of the property at 104 Ashley Street. PASSED. AYES - 13 NOES - 0 No. 109 Refund Foreclosure Fee - 104 Ashley Street Item No. 29, C.C.P., September 3, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 110 Waive Foreclosure Fee - 104 Ashley (CC) Item No. 70, C.C.P., September 3, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED No. 111 Change Order - Filtration Plant Improvements Item No. 41, C.C.P., Sept. 3, 1996 That due to unforeseen emergency conditions, the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 1 to Ferguson Electric Construction Company, changes resulting in a net increase in the amount of $41,395.56, as more fully described in the above communication, for work relating to the Filtration Plant Improvements Filter Media Replacement, No. 8E, Electrical Construction, C # 918358000. Funds for this project are to be charged to Account No. 416-982-506 - Capital Project Fund, Division of Water. PASSED. AYES - 13 NOES - 0 No. 112 Rosalind Jacobs and Others Request Repaving of East Utica Item No. 158, C.C.P., Sept. 3, 1996 That the petition of Rosalind Jacobs and others to repave a portion of East Utica Street from Wohlers Avenue to Main Street be, and hereby is approved and that the Department of Public Works is requested to provide an estimate for such repaving and report such amounts to the Common Council. ADOPTED. No. 113 Certiorari Proceedings 92 & 94 Claremont Avenue Item No. 22, C.C.P., Sept. 17, 1996 That the Corporation Counsel be, and he hereby is authorized to settle the 1996-97 tax certiorari proceeding on 92 and 94 Claremont Avenue, Buffalo, New York, by reducing the combined assessments from $155,000 to $110,000. PASSED. AYES - 13 NOES - 0 No. 114 Change Order - Elmwood Avenue, Curbs, etc. Item No. 28, C.C.P., Sept. 17, 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 Public Works be, and he hereby is, authorized to issue change order No. 1 to .B.P. Concrete Construction Inc., changes resulting in a net increase in the amount of $50,000.00, as more fully described in the above communication, for work relating to Elmwood Avenue - W. Delavan to Forest Curb & Walk 1996 - Group 4414, C # 91855200. Funds for this project are to be charged to Division of Engineering Bond Fund Account 4200-401-559-00-000. PASSED. AYES - 13 NOES - 0 No. 115 Change Order - Ken Bailey Recreation Center Item No. 29, C.C.P., Sept. 17,1996 That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 8 to Nichter Construction Co., Inc. changes resulting in a net increase in the amount of $15,455.00, as more fully described in the above communication, for work relating to the Ken Bailey Recreation Center - General Construction, C # 91820500. Funds for this project are to be charged to B/F 200-402-022 Division of Buildings. PASSED. AYES - 13 NOES - 0 No. 116 Change Order - Pool Reconstruction 1996 Item No. 30, C.C.P., Sept. 17, 1996 That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 2 to Patterson-Stevens, Inc. changes resulting in a net increase in the amount of $1,378.60, as more fully described in the above communication, for work relating to the Pool Reconstruction, C # 91852000. Funds for this project are to be charged to B/F 200-402-063 Division of Buildings. PASSED. AYES - 13 NOES - 0 No. 117 Complaints Use of 250 Kensington (A&F) Item No. 58, C.C.P., September 17, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 118 Auction of Vehicles/Equipment Item No. 61, C.C.P., Sept. 17, 1996 That the Commissioner of General Services be, and he hereby is, authorized to conduct an auction for the sale of surplus vehicles and equipment from the Divisions of Engineering, and Water and Department of Fire, and dispose of these items to the highest responsible bidders. PASSED. AYES - 13 NOES - 0 No. 119 Remove Pay Phone-E.Ferry & Wohlers Item No. 223, C.C.P., September 17, 1996 That the above mentioned item be and the same is hereby referred to the Legislation Committee. ADOPTED No. 120 Waive Permit Fees for the Allendale Theatre Renovation Item No. 245, C.C.P., Sept. 17, 1996 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 121 Cohen, Hyman, Cohen, Leonard Petition to Use 1342 South Park Equipment/Process Storage Item No. 153, C.C.P., Sept. 3, 1996 That after a public hearing before the Committee on Legislation on September 24, 1996, the petition of Bill Heitzenrater, as agent for Cohen, Hyman, Cohen, Leonard, owners, for permission to use 1342 South Park for an Equipment/Process Storage Building be, and hereby is approved with the following conditions: 1. No parking is allowed with 100 feet of the Buffalo River. 2. A berm shall be erected between the residences and the storage building. PASSED. AYES - 13 NOES - 0 No. 122 Use 1342 So Park (C.P.Bd.) Item No. 6, C.C.P., September 17, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 123 EAF - 1342 So Park (C.Clk.) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 124 General Electric Petition to Use 1854 Elmwood Avenue - Pole Sign Item No. 96, C.C.P., July 23, 1996 Item No. 165, C.C.P., Sept. 17, 1996 That after a public hearing before the Committee on Legislation on September 24, 1996, the petition of General Electric, owner, for permission to use 1854 Elmwood Avenue for a pole sign be, and hereby is approved. PASSED. AYES - 13 NOES - 0 No. 125 J. Nelson & O - Oppose Halfway House - E. Utica Item No. 159, C.C.P., Sept. 3, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 126 W. Pirmm & O - Opp. Halfway House - Masten Dist. Item No. 160, C.C.P., Sept. 3, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 127 Est. Anti-Vandalism Hot Line Item No. 178, C.C.P., June 25, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 128 Encroach Conduit - 1001 East Delavan Avenue Item No. 56, C.C.P., Sept. 3, 1996 That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. T. M. Murdock of American Axle and Manufacturing, located at 1001 East Delavan Avenue, to install a 3/4" conduit within 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 conduit is installed a minimum of 36 inches below the pavement surface. 3. That the applicant supply the Department of Public Works with a set of "as built" plans showing the location of said conduit. 4. That the applicant provide the Department of Public Works 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 conduit. PASSED. AYES - 13 NOES - 0 No. 129 Encroach Wooden Planters - 319 Massachusetts Avenue Item No. 57, C.C.P., Sept. 3, 1996 That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Frank Ganci, owner of Ganci's Food Store, located at 319 Massachusetts Avenue, to install a wooden planters 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 planters be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant be responsible for maintenance of the planters as long as they remain within the City right-of-way. 4. That the applicant be responsible for the relocation of any existing underground utilities affected by said installation. 5. 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 planters. PASSED. AYES - 13 NOES - 0 No. 130 Liquor License Applns. (CClk)(81 Abbott) Item No. 120, C.C.P., September 3, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 131 S. Rzepkowski-Comp. Use 250 Kensington (Hewitt-Robbins) Item No. 146, C.C.P., September 3, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED No. 132 Use of 250 Kensington (CD) Item No. 48, C.C.P., Sept. 17, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED No. 133 Encroach - 1459 Hertel Avenue - Sidewalk Cafe Item No. 31, C.C.P., Sept. 17, 1996 That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Ms. Mary Giamo, owner of Cheers Restaurant, located at 1459 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 does not exceed forty-five feet (45') in length or extend more than eight feet (8') from the building face. 3. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 4. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year. 5. 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. 6. 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 PASSED. AYES - 13 NOES - 0 No. 134 Notification Serial 8684 (PW)(#24, 7/23) Item No. 192, C.C.P., 9/17/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 135 Kompson v. City of Buffalo (Newsstand Delaware & Hertel Avenues) Item No. 71, C.C.P., Sept. 3, 1996 Item No. 201, C.C.P., Sept. 17, 1996 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved: That the above item be and the same is received and filed. ADOPTED. COMMUNITY DEVELOPMENT HON. DALE ZUCHLEWSKI CHAIRMAN No. 136 LDA - Market Arcade (CD) (Hrg.10/1) Item No. 41, C.C.P., September 17, 1996 That the above communication is hereby returned to the Council without recommendation. A public hearing has been set before the Common Council at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Coppola, the item is properly before the Common Council and the hearing is opened. CARRIED. Appearances: Lou Malucci - Community Development. Mrs. LoTempio now moved that the hearing be closed; seconded by Mr. Coppola. CARRIED. Mr. Zuchlewski now moved: Whereas, Section 108 of the Housing and Community Development Act of 1974 authorizes a program of community development loan guarantee assistance (Section 108 or Section 108 Program) . Under the Section 108 Program, the Department provides metropolitan cities and urban counties that receive entitlement grants (entitlement public entities) with front-end financing for large-scale community and economic development projects that cannot be financed from annual grants; and Whereas, The United States Department of Housing and Urban Development has published rules and regulations governing the eligibility requirements and administration of the Section 108 Program; and Whereas, The City of Buffalo satisfies all the eligibility criteria established by the United States Department of Housing and Urban Development; and Whereas, This development fits with the City's integrated investment strategy to attract educational facilities and residential housing into the Theatre district; and Whereas, The project cannot be financed through conventional sources because it is speculative in nature. Now, Therefore, Be It Resolved By The Common Council Of The City Of Buffalo: 1. Authorizes the use of a $1 million Urban Development Action Grant for this Project to fill the gap in financing not available from any other source. a. That the Mayor of the City of Buffalo and the Commissioner of Community Development acting in their capacities as Mayor and Commissioner, respectively, are hereby authorized to execute any and all documents deemed necessary by their appropriate legal counsel to effect this resolution 2. That the City of Buffalo and the City of Buffalo Urban Renewal Agency are hereby authorized to enter into a Section 108 Loan as follows: a. The Section 108 loan shall be a pass through loan from the United States Department of Housing and Urban Development. b. That the City of Buffalo is hereby authorized to pledge its Community Development Block Grants as security for the Section 108 loan. c. The loan shall be administered by The Buffalo Enterprise Development Corporation. d. The loan shall be granted to City of Buffalo Urban Renewal Agency (hereinafter referred to as (BURA). e. The loan shall be secured by a 1st mortgage and a 1st blanket lien on all other fixed and current assets. 3. That the, Mayor of the City of Buffalo and the Commissioner of Community Development acting in their capacities as Mayor and Commissioner, or Chairman and Vice-Chairman of the city of Buffalo Urban Renewal Agency, respectively, are hereby authorized to execute any and all documents deemed necessary by their appropriate legal counsel to effect this resolution. PASSED. AYES - 13 NOES - 0 No. 137 Sec.108 Fund Home Ownership Zone Prol.(CD)(Hrq.9/10) Item No. 79, C.C.P., September 3, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 138 BNRC Proced./Rehab.Prog. (NH) Item No. 73, C.C.P., June 25, 1996 That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 139 Stop Raiding CDBG Funds Item No. 188, C.C.P., June 25, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 140 Gal-Van Dev.-Proposal-Homeowners Problems Item No. 84, C.C.P., July 23, 1996 That the above mentioned Item be and the same is hereby received and filed. Mr. Zuchlewski now moved that the above item be recommitted to the Committee on Community Development. ADOPTED. No. 141 Info. - 136 Hertel Item No. 106, C.C.P., September 3, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 142 City Court - Info. 136 Hertel Item No. 132, C.C.P., September 3, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 143 Empire St.Dev.-Fr.Sam's Syrian Bread Gen.Proj.Plan Item No. 69, C.C.P., September 17, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 144 Empire St.Dev.-Osmose Wood Presv.Inc.Gen.Proj.Plan Item No. 70, C.C.P., September 17, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 145 By: Mr. Brown Amend Chapter 109 Sub-Sections 109-3 and 109-5 of the Buffalo Code Whereas: Chapter 109, Sub-Section 109-1 of the Buffalo Code states: "It shall be the duty of every owner of a building in the City of Buffalo to cause to be displayed thereon the street number of said building and at all times to maintain such number..."; and Whereas: "The figure or figures comprising said number shall be at least four (4) inches in height and shall be placed on said building in such a manner as to be plainly legible from the center of the said street at all times between sunrise and sunset"; and Whereas: Violation of this Section is governed by the General Penalty Section of the Buffalo Code which allows for punishment by a fine or penalty of not more than one thousand five hundred dollars ($1,500) or by imprisonment for not more than fifteen (15) days, or by both such fine and imprisonment; and Whereas: Sub-Section 109-3 of said Chapter states: "It shall be the duty of the City Engineer to see that the provisions of this chapter are enforced ...", and "It shall be the duty of the Police Department to report to the City Engineer from time to time the location of all buildings in the city which are not numbered in compliance with the provisions of this chapter"; and Whereas: As expressed in a previous resolution, (4163, C.C.P. June 11, 1996, "Improved Street Number Identification) failure to enforce this Code has created hazardous situations to police and medical emergency units by increasing response times; Now, Therefore, Be It Resolved: That the Law Department prepare an amendment to Chapter 109, Sub-Section 109-3, "Enforcement", by transferring the duty of enforcing numbering of buildings from the City Engineer to the Bureau of Administrative Adjudication; and Be It Further Resolved: That the Law Department prepare an amendment to Chapter 109-5, "Refusal to Comply; Notice to Correct; Performance of Work by City," to reflect the authority of the Administrative Adjudication Bureau, while at the same time retaining the powers granted to the City Engineer under this Sub-Section; and Be It Finally Resolved: That the Bureau of Administrative Adjudication prepare a new fine schedule for any violations of this Code and submit it for review and approval of the Common Council. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION & FINANCE AND THE CORPORATION COUNSEL. No. 146 By: Mr. Brown and Mrs. Miller-Williams Exchange of 1563 & 1565 Jefferson Avenue Whereas: Many properties on Jefferson Avenue are owned by the city and we are pleased by the growing interest of citizens and organizations desirous of reinvesting and developing businesses and institutions on Jefferson Avenue; and Whereas: There are numerous boarded-up and abandoned properties on Jefferson Avenue that need to be demolished or need to be renovated by developers or citizens; and Whereas: Prince of Peace Church of God In Christ is interested in exchanging property located at 1563 and 1565 Jefferson Avenue for 1256 Jefferson Avenue for purposes of demolition and reconstruction at its own expense; and Whereas: Prince of Peace Church of God In Christ will forfeit its deposit paid to purchase 1256 Jefferson Avenue; and Whereas: The property requested by Prince of Peace Church is landlocked between several other properties currently owned by the church; and Whereas: The properties located at 1563 and 1565 Jefferson Avenue will be used for the Jefferson Alive/Renaissance Plan and business development on Jefferson Avenue; and Now, Therefore, Be It Resolved: That the Division of Real Estate and the Comptroller authorize Prince of Peace Church of God In Christ to exchange 1563 and 1565 Jefferson Avenue for 1256 Jefferson Avenue; and Be It Further Resolved: That Prince of Peace Church of God In Christ will forfeit the deposit paid on 1256 Jefferson Avenue if the exchange is granted; and Be it Finally Resolved: That 1563 and 1565 Jefferson Avenue will be transferred to the City of Buffalo because the properties will be an intricate part in the Jefferson Alive/Renaissance Project. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF COMMUNITY DEVELOPMENT, THE COMPTROLLER AND THE CORPORATION COUNSEL. No. 147 By Mr. Brown Establish "Express Permit Office" Whereas: The City of Buffalo requires that permits be issued for repairs or alterations to existing buildings or structures when the cost of the work exceeds $750; and Whereas: A sliding scale exists which increases the permit fee based on the cost of the work; and Whereas: Numerous concerns have been raised that the time involved in obtaining pennits for lesser jobs is excessive, and that a more expedient process to issue permits for minor work such as replacement windows, gutter replacement, fencing, etc. would be of great benefit to the contractors/businesses performing the work; and Whereas: Other concerns have been expressed that the city's fee structure is, for selected permits, among the most expensive in the area, and that the service provision is not commensurate to the fee charged. Additionally, surrounding communities allow both the homeowner and the contractor to file for and pick up a permit; and Whereas: It is in the best interest of the city and its citizens that the issuance of permits be conducted in a user/business friendly atmosphere, and that Buffalo's service provision be recognized as equal to or better than others throughout Western New York; and Whereas: The establishment of an "Express Permit Office", similar to an express lane at the supermarket, for the issuance of permits for work less than $5000 is an option worth exploring to enhance service provision; Now, Therefore, Be It Resolved: That the Commissioners of Community Development and Public Works respond to the possibility of establishing an "Express Permit Office" to reduce the time necessary for issuance of permits for less than $5000 work and the issuance of permits to either contractor or homeowner; and Be It Further Resolved: That responses be filed with the City Clerk prior to 2 PM on Thursday, October 10, 1996. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS. No. 148 By: Mr. Brown Consistent Policy Regarding Bid Requirements MBE & WBE Participation Whereas: All City of Buffalo departments and agencies should have consistent policies regarding bid performance bonds and other bonds for construction projects; and Whereas: Such consistency would help ensure that policies are in place that are in the City's best interests, regardless of what entity is involved in the bidding process; and Whereas: It is the established policy of the City of Buffalo that the opportunity to participate in City operations be provided to minority group members, women, minority-owned business enterprises and women-owned business enterprises so that the work force and the recipients of the benefits of business opportunities generated by the City will reflect the diversity of this City to the greatest extent possible; and Whereas: These policies should also be clear and reasonable so that a greater number of businesses, especially small and disadvantaged businesses, are given a fair opportunity to participate; and Whereas: Greater participation by minorities, women, and small and disadvantaged businesses will not only advance this City Affirmative Action goals, but it will certainly create a more competitive bidding environment that would produce cost savings for the City and its agencies; Now, Therefore Be It Resolved: That all City departments and agencies investigate the possibility of developing the same bidding requirements, and that these requirements seek to ensure fairness, a simplified, easy-to-understand process, and a reduction in bond-related costs wherever possible; and Be It Further Resolved: That all City departments and agencies also establish goals for participation by Minority-owned Business Enterprises and Women-owned Business Enterprises, consistent with the City's formal Affirmative Action Plan. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, COMMISSIONER OF COMMUNITY DEVELOPMENT AND COMMISSIONER OF PUBLIC WORKS. No. 149 By: Mr. Coppola Emergency Medical Services Whereas: The Buffalo Fire Department has been performing emergency medical services for over 5 years, and the citizens of BuffWo have come to expert the immediate response and high professionalism that the Fire Department provides, and Whereas: The Buffalo Fire Department wishes to continue and improve upon these lifesaving procedures for the citizens of Buffalo; and Whereas: The Buffalo Professional Firefighters Association, Local 282, has donated a defibrillator, and at this time the Association's contract allows members to be trained to the highest level without charging an additional stipend, as is done in many other communities across the country; and Whereas: The Buffalo Fire Department is qualified to do EMS and First Responder D, including defibrillation; and Whereas: The ambulance service in the City of Buffalo is a profit-making organization and receives a base fee of $350 plus additional charges for oxygen, mileage, and disposable supplies, which results in over $400 per call; and Whereas: The Buffalo Fire Department often performs initial EMS services, and in many cases, companies go out of service to perform CPR or other lifesaving functions on the way to the hospital during which time the city loses the protection of those fire companies, and Whereas: The ambulance service is often not able to complete the call without assistance from the Buffalo Fire Department; and Whereas: The profit-making ambulance service receives the total of said payment; and Whereas: It is not fiscally sound to allow a profit-making organization to utilize the City of Buffalo work force for its own financial gain; and Whereas: The executive board of Local 282 and the members it represents are in total agreement with this resolution as a method to help the City of Buffalo through its current fiscal crisis. Now Therefore Be It Resolved that The City of Buffalo share a portion of the fee charged by the ambulance companies for services performed at emergency medical calls; and Be It Further Resolved that This item be referred to Legislation Committee to await comments from the Fire Commissioner and Corporation Counsel. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF FIRE, CORPORATION COUNSEL, AND THE EMERGENCY MEDICAL SERVICE BOARD. No. 150 By: Mr. Coppola Municipalization of Electric Service Whereas: On Tuesday, September 17, 1996, executives from Niagara Mohawk Power Corp. attended the Buffalo Common Council meeting and assured this body that they supported deregulation in the industry; and Whereas: As a result of their comments, the Common Council voted 12 to 1 against a non-binding referendum which was to be on the ballot in November regarding a municipal electric service; and Whereas: On Wednesday, September 18, 1996, NiMo joined with six other major utilities in New York State to file a suite against the Public Service Commission's plan to deregulate the power industry; and Whereas: The high cost of electricity has been cited a number of times by businesses closing their doors or relocating out-of-state as one of the reasons for their choice, and Whereas: With a municipal electric system, prices will be fair and low because of competition; and Whereas: NiMo has said that the best it can offering to freeze prices at the current high level for five years; but the city cannot wait for five years; we must explore all options now and as the non-binding referendum was voted down, we should explore a consolidation effort with Erie County; and Whereas: This is not just a city issue; high electric bills impact the county and the state and are forcing businesses and industries to relocate, and when business leaves, we also lose our most valuables asset ... our youth. Now Therefore Be It Resolved that This Common Council requests comments from Mayor Masiello, Comptroller Giambra, and Erie County Executive Gorski on municipalization of electric service and a possible partnership with Erie County and any other government entity; and Be It Further Resolved that The City Clerk send certified copies of this resolution to Erie County Executive Gorski, and all city, town, and village governments and taxing authorities or boards in Erie County. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, MAYOR, COMPTROLLER AND COUNTY EXECUTIVE. No. 151 By: Mr. Coppola and Mrs. Gray Privatization of City Water Authority Whereas: Action was taken and a task force formed to begin consolidation efforts of the Erie County, and City of Buffalo Water Authorities; and Whereas: The administration is now suggesting privatization of the city's water authority and has begun a nationwide search for private operators. Now Therefore Be It Resolved that This Common Council requests that the commissioner of administration and finance share with this body any information or studies comparing the proposed consolidation with Erie County and the benefits of privatization. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION & FINANCE, AND THE COMMISSIONER OF PUBLIC WORKS. No. 152 By: Mr. Coppola "Smart Gun" Technology Whereas: Gun manufacturers are in the early stages of developing a "Smart Gun", which fires only when the person handling the weapon wears a triggering device; and Whereas: The benefits of this kind of weapon are the safety and protection of police officers, their families, and the public because it will prevent accidental shootings; and Whereas: If an officer is in a situation where he or she is wrestling with a suspect, the weapon will not fire if the suspect wrestles it away because the suspect is not wearing the triggering device; and Whereas: Tragedies, where young children have obtained a weapon and either shot themselves or another child, could also be avoided. Now Therefore Be It Resolved that This Common Council is in support of technology that guarantees the safety and protection of police officers, their families, and the public, and requests the Police Commissioner, Police Benevolent Association, and Corporation Counsel investigate the "Smart Gun" approach and report back to this body. REFERRED TO THE COMMITTEE ON LEGISLATION, THE POLICE BENEVOLENT ASSN., THE COMMISSIONER OF POLICE AND THE CORPORATION COUNSEL. No. 153 By: Mr. Czajka Salary Ordinance Amendment 10 GENERAL SERVICES - 4 INVENTORY AND STORES - 001 INVENTORY MANAGEMENT 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 10 - 4 - 001 Department of General Services - Inventory and Stores - Inventory Management is hereby amended by adding thereto: 1 Tire Mechanic (L. Doctor, only) $22,357-$24,868 1 MEM Supervisor I (D. Lawler, only) $26,704-$30,669 WE, ALBERTO J. DEL VALLE, Commissioner of General Services, and JAMES B. MILROY, Director of the Budget, hereby certify that the above change 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 Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 154 By: Mr. Czajka Salary Ordinance Amendment Various Departments 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 Various Departments, under the various subheadings relating to positions listed below is hereby amended as follows: (NOTE: Old Salaries are in brackets) This ordinance shall be effective retroactive to July 1, 1996. We, Joseph N. Giambra, Commissioner of Public Works, Michael A. Masiello, Director of Stadium and Memorial Auditorium, Alan DeLisle, Commissioner of Community Development, and James B. Milroy, Director of Budget recommend that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing ordinance. We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, pursuant to section 454 of the Charter of the City of Buffalo, hereby certify that considering the determination of the public arbitration panel and contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 155 By: Mr. Czajka Salary Ordinance Amendment 70 - 0 Department Of Street Sanitation 013 - Cleaning Of Streets & Snow Removal 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 70 - 0 Department of Street Sanitation -013 Cleaning of Streets & Snow Removal, which reads,: 013 - Cleaning of Streets & Snow Removal: 4 Tractor Trailer Operator $25,421-$28,946 9 Heavy Equipment Operator $25,421-$28,946 is hereby amended to read 3 Tractor Trailer Operator $25,421-$28,946 10 Heavy Equipment Operator $25,421-$28,946 WE, VINCENT J. LOVALLO, Commissioner of Street Sanitation and JAMES B. MILROY, Director of the Budget, hereby certify that the above changes are necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. APPROVED AS TO FORM Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 156 By: Mr. Czajka Salary Ordinance Amendment 40 - Department Of Public Works 2 - Division Of Buildings 031 Operation & Maintenance Of Public Buildings 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 40 - Department of Public Works - 2 Division of Buildings - 031 Operation & Maintenance of Public Buildings, is hereby amended by adding thereto: 1 Building Superintendent$35,741-$42,692 WE, JOSEPH N. GIAMBRA, Commissioner of Public Works and JAMES B. MILROY, Director of the Budget, hereby certify that the above changes are necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the respective amounts 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 Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 157 By: Mr. Czajka Salary Ordinance Amendment 06 DEPARTMENT OF ADMINISTRATION AND FINANCE - 4 Division Of Parking Enforcement - 031 Towing & Storage Operations 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 06 - 4 - 0 Department of Administration & Finance - Division of Parking Enforcement - Towing & Storage Operation is hereby amended by adding thereto: 1 Laborer II (Richard C. May, Only) Hourly $10.15-$11.54 We, Eva M. Hassett, Commissioner of Administration & Finance, and James B. Milroy, Director of Budget hereby certify that the above change 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 Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 158 By: Mr. Czajka Ordinance Amendment Section 35-9 of Chapter 35 Salary and Wage Schedule "E" 1996-1997 The Common Council of the City of Buffalo does ordain as follows: That part of Subdivision (A) of Section 35-9 of Chapter 35 of the Ordinance of the City of Buffalo, relating to Salary and Wage Schedule "E" , Local 71, International Union of Operating Engineers, is hereby amended to read as follows: See Attached Schedule "E" and That this ordinance shall take effect as per the respective dates on the attached schedule. SALARY AND WAGE SCHEDULE "E" 1996-97 GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 1 23,342 24,247 25,150 26,054 26,960 2 24,138 25,091 26,045 26,995 27,949 3 27,197 28,367 29,542 30,710 31,882 4 28,873 30,226 31,575 32,926 34,275 5 30,291 31,788 33,284 34,782 36,282 6 31,566 33,119 34,671 36,219 37,772 7 35,026 36,742 38,457 40,199 42,003 8 44,661 46,894 49,132 51,471 53,809 9 33,975 10 38,179 39,892 41,605 43,318 45,032 This Schedule "E" shall become retroactive to July 1, 1996. These schedules are applicable to members of Local #71 of the International Union of Operating Engineers. AYES- COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS - 11 NOES - BROWN, ZUCHLEWSKI - 2 No. 159 By: Mr. Czajka Charity Gambling Casino in Downtown Buffalo. Whereas: The City of Buffalo has recently approved a user fee for garbage collection and a tax increase in order to gain fiscal stability; and Whereas: The demand for the City to create new revenue sources is greater than ever. New revenues for the city would help to avoid future tax increases and would lessen the financial burden on taxpayers- and Whereas: At the Canadian National Exhibition (CNE), in Toronto, Ontario, which annually runs from mid August until early September, a gambling casino is located on the grounds and the revenues generated are given to 36 different not for profit agencies in the metropolitan Toronto area; and Whereas: Betting limits were established and the rules of each game were governed by the Ontario Gaming Commission. The games were run by an agency that employs gaining managers, staffing and equipment. The agency is paid a flat fee for their services which is paid out of the revenues and not a percentage of the revenues; and Whereas: If the City of Buffalo attempted to set up a charity casino in downtown Buffalo it could help to raise revenues that could be used to support not for profit agencies that are currently funded by the city out of its yearly Community Development Block Grant budget; and Whereas: A gambling casino in downtown Buffalo for a short period of time, as a pilot project, on consecutive weekends or for a two to four week period could be helpful in gauging the demand in the Buffalo area for casino gambling. Now, Therefore, Be It Resolved: That the Community Development Department report to this Honorable Body on the feasibility of a charity casino in downtown Buffalo and their ability to handle such an endeavor and their comments on a different organization such as Buffalo Place and how they may be able to handle this endeavor; and Be It Further Resolved: That copies of this resolution be forwarded to the Law Department, Mayor Anthony Masiello, The Greater Buffalo Partnership, 300 Main Place Tower, Buffalo, NY 14202, Mr. Sergio Fomasiero at the Gambling for Buffalo's Renaissance Coalition, 164 Rivermist Drive, Buffalo, NY 14202, and Mr. Felix Hester, Assistant Counsel to the New York State Racing and Wagering Board, 120 Broadway 13th Floor, New York, NY 10271 for their comments. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL AND B.E.D.C. LAST RESOLVE IS HEREBY ADOPTED. No. 160 By: Mr. Czajka Salary Ordinance Amendment 06 - Department Of Administration & Finance 2 - Division Of Administration Adjudication 001 Administrative Adjudication 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 06 Department of Administration & Finance - 2 Division of Administrative Adjudication - 001 Administrative Adjudication, which reads. 2 Clerks $20,215-$22,420 is hereby amended to read: 2 Laborer II$10.15-$11.54/hr. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, EVA M. HASSETT, Commissioner of Administration and Finance and JAMES B. MILROY, Director of the Budget, hereby certify that the above changes are necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. APPROVED AS TO FORM Edward Peace Corporation Counsel PASSED AYES - 13 NOES - 0 No. 161 By: Mr. Franczyk Transfer of Funds Reserve for Capital Appropriations Department of Public Works 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 $4,600 be and the same is hereby transferred from the Reserve for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $4,600 To: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $4,600 From: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $4,600 To: 200 Capital Project Fund 40 - Department of Public Works 2 - Division of Buildings 062 - Buffalo City Court ADA Compliance $4,600 PASSED AYES - 13 NOES - 0 No. 162 By: Mr. Franczyk Transfer of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $12,700 be and the same is hereby transferred from the Reserve for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $12,700 To: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $12,700 From: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $12,700 To: 200 Capital Projects 40-2 - Division of Buildings 063 - Reconstruction Swimming & Diving Pools $12,700 PASSED AYES - 13 NOES - 0 No. 163 By: Ms. Gray Ordinance Amendment Chapter 144 - Contractors The Common Council of the City of Buffalo does hereby ordain as follows: That Section 144-1 of Chapter 144 of the Code of the City of Buffalo be amended to read as follows: Sec. 144-1 Definitions. SPECIALTY - A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts. A specialty contractor's operations are concerned with concrete (flat work, also may include foundation), foundations, drywall (portions and ceilings), earthwork and paving, fencing, flooring and floor covering, glazing, insulation and acoustical, masonry, painting and decorating, plastering, roofing, tile {ceramic and mosaic, ceilings (acoustic), wall coverings, carpentry (rough and finish), waterproofing, windows and doors, installation of swimming pools, cabinet and mill work, sheet metal, steel-reinforcing [and]. steel-structural [and] sprinkler system and lead based paint abatement and asbestos abatement. APPROVED AS TO FORM Edward Peace Corporation Counsel PASSED AYES - 13 NOES - 0 NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. No. 164 By: Mr. Helfer Erect Banner Across Main Street at Custer Street Whereas: University at Buffalo is celebrating it's annual Sesquicentennial/Homecoming Parade; and Whereas: This parade will be held on Saturday, October 5, 1996 from 8 a.m. to 10 a.m. along Main Street from the LaSalle Station parking lot to South Campus Station parking lot (at Allen Drive); and Whereas: Sponsors of the event request permission to erect a promotional banner across Main Street at from October 1, 1996 to October 7, 1996; and Whereas: The purpose of the banner is to promote the parade and increase attendance; Now Therefore Be It Resolved That: This Common Council grants permission to the parade sponsors to erect a banner pursuant to the conditions set forth by the Commissioner of Public Works and the Corporation Counsel. PASSED AYES - 13 NOES - 0 No. 165 By: Ms. Kavanaugh Consolidation of Board of Education and City Hall Mail Rooms Whereas: In an effort to provide more efficient services and save money for the City of Buffalo and the Buffalo Public Schools, recommendations have been made to consolidate various duplicative functions that the City and School District operate; and Whereas: Recent efforts have resulted in the consolidation of the City and School Print Shops; and Whereas: The City and the Board of Education both operate Mail Rooms; Now, Therefore, Be It Resolved: That this Common Council requests the Commissioner of General Services and the Board of Education to report on the feasibility of consolidating the two separate Mail Rooms currently operating in City Hall. REFERRED TO THE COMMITTEE ON EDUCATION, THE BOARD OF EDUCATION AND THE COMMISSIONER OF GENERAL SERVICES. No. 166 By: Ms. Kavanaugh Use of Board of Education Capital Funds on Root Building Project Whereas: The Department of Community Development has proposed a plan to develop the Root Building, also known as the Metropole Building, and plans to work with the Board of Education on creating the Emerson School of Hospitality on the first and second floors; and Whereas: Pursuant to the court decision in Arthur v. Nyquist, the City of Buffalo and the Buffalo Public Schools have established a plan to spend $80,000,000 on capital projects for the school district; and Whereas: The Board of Education will have to spend approximately $2,000,000 to prepare the Root Building space for the School of Hospitality; Now, Therefore, Be It Resolved: That this Common Council requests the Commissioner of Administration and Finance, the Comptroller and the Board of Education to explain how the use of $2,000,000 at the Root Building will affect the Capital Development Plan prepared in accordance with the Order in Arthur v. Nyquist. REFERRED TO THE COMMITTEE ON EDUCATION, THE BOARD OF EDUCATION, THE COMMISSIONER OF ADMINISTRATION & FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 167 By: Ms. Lockwood Payment of Certain Small Claims Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the subject claims are eligible for consideration under the said procedure; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof; Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law: 1. Deborah A. Blane Claim for tire damaged due to the Mayor's Impact Team cleaning Quinn Street between Moffis & Walter. The debris was curb to curb. Worked on Walter Street and had to proceed through after being given clearance by Impact Team workers. $39.80 2. Edie Buckinger Claim for loss of garbage cans at 174 Phyllis Avenue. $15.00 3. Lynell W. Chestnut Claim for damage to clothing at Precinct #6. Pipes in the ladies locker room exploded spewing acid (drain cleaner) and sewer matter over clothing. $90.00 4. Mrs. W. Clune Claim for loss of garbage cans at 489 Auburn Avenue. $21.00 5. Denall, Vitrano & Associates Claim for payment of prior fiscal year Invoice #34405 for court reporting services rendered to the Department of Law on April 25, 1996. $35.00 6. Bernard Klamborowski Claim for loss of garbage cans at 125 Cable Street. $20.51 7. Nicholas Macri Claim for a carhartt jacket damaged in the line of duty working on a plugged drain filled with drain cleaner acid at Precinct #6. $64.79 8. New York State Division of Criminal Justice Claim for payment of prior fiscal year Invoice #133355 for services rendered to the Buffalo Police Department on December 22, 1995 for adjusting the timer and the light centering calibrated on a Breathtest-Wet. $40.00 9. Kimberly H. Oshei Claim for damage to a briefcase by wet paint during fire hydrant painting at Niagara & West Ferry Streets. Hydrants were painted and no signs were posted to indicate "Wet Paint". $50.76 10. Alice Schwab Claim for loss of garbage cans at 362 Crescent Avenue. $22.00 11. Beth Tomaszewski Claim for loss of garbage can at 82 A Altruria Street. $9.71 Investigation by the Department of Law reveals that the above claims are valid and payment is recommended. PASSED AYES - 13 NOES - 0 No. 168 Mrs. LoTempio Appointment To Common Council Staff Be it resolved: That Valerie Ruff be appointed Legislative Assistant to the Common Council effective September 30, 1996. Ms. Kavanaugh moved to amend and refer to the Committee on Civil Service. Seconded by Mr. Franczyk. LOST. AYES - COPPOLA, CZAJKA, FRANCZYK, KAVANAUGH, QUINTANA AND ZUCHLEWSKI - 6 NOES - BROWN, GRAY, HELFER, LOCKWOOD, LOTEMPIO, PITTS AND WILLIAMS - 7 Mrs. LoTempio now moved her original motion to approve; second by Mr. Helfer. ADOPTED. AYES - BROWN, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA AND WILLIAMS - 9 NOES - COPPOLA, CZAJKA, FRANCZYK AND ZUCHLEWSKI - 4 No. 169 By: Mr. Pitts Removal of C-SPAN II Whereas: C-SPAN and C-SPAN II are cable TV public affairs channels, supported by the cable industry, created to give the American public better knowledge and understanding of the inner workings of their government; and Whereas: What is known as the "C-SPAN revolution" has had a far-reaching impact upon television, and has led to a dramatic expansion of event coverage by both cable and broadcast channels; and Whereas: More importantly, it has changed the way that the Congress and the federal government functions, and has made countless Americans more aware of how its government operates; and Whereas: TCI of New York has announced plans to remove C-SPAN II from its channel line-up and substitute the new Fox News Channel; and Whereas: TCI has not presented any customer surveys or any other kind of justification for removing of C-SPAN II and replacing it with a start-up channel; and Whereas: C-SPAN II not only has many staunch viewers, but it provides a vital community service that will be particularly valuable during the presidential campaign of 1996; Now, therefore be it resolved: That this Common Council formally protest the decision by TCI of New York to drop C-SPAN II from its offerings and deprive cable TV subscribers of this very unique and important channel; and Be it further resolved: That the City Clerk forward certified copies of this resolution to the Federal Communications Commission, the New York State Public Service Commission, and the Western New York Congressional Delegation. ADOPTED No. 170 By: Mr. Pitts File Complaint - Downgrade Charges Whereas: TCI of New York has instituted a policy of charging $11.84 for a "change of service" when a home visit is required, and charging $2.10 when no home visit is necessary; and Whereas: This is an excessive charge that is an unfair burden upon cable subscribers in the City of Buffalo; Now, therefore be it resolved: That this Common Council request the New York State Public Service Commission to review TCI of New York's "change of service" rates and make a determination whether they comply with the formulas prescribed by the Federal Communications Commission; and Be it further resolved: That this Common Council also authorize and direct that a formal cable programming services rate complaint (FCC Form 329) be filed with the Federal Communications Commission on behalf of the citizens of the City of Buffalo regarding the "change of service" rates. ADOPTED. No. 171 By: Mr. Pitts BMHA Security Whereas: In the past, the Buffalo Municipal Housing Authority has maintained its own security patrols that supplement those of the Buffalo Police Department in and around BMHA developments; and Whereas: BMHA officers are allowed to take the Buffalo Police Civil Service exam on a promotional basis; and Whereas: Recently the Housing Authority made a decision to allow a significant amount of its officers to go to the Buffalo Police Department with the prime motivation being a substantial salary increase; and Whereas: If these BMHA officers are not replaced, there will be a net reduction in patrols in and around BMHA developments at a time when statistics indicate patrols should be increasing; and Whereas: A reduction of BMHA security officers would place a further hardship on an already overburdened Buffalo Police force; Now, therefore be it resolved: That the Buffalo Common Council is opposed to any dismantling and reduction of the present security force of the BMHA; and Be it further Resolved: That the Buffalo Municipal Housing Authority provide a report on its plans for maintaining a security force for this fiscal year. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 172 By: Mr. Pitts Educational Requirements for Police Officers Whereas: The current educational requirement to qualify to serve as a Buffalo Police Officer is a high school or general equivalency diploma; and Whereas: It has been suggested in some quarters that the minimum educational requirements to qualify as a candidate to serve on the Buffalo Police Department be raised to mandate the possession of 60 hours of college credits; and Whereas: Educational requirements for recruits and promotions, and incentives for advanced degrees, military service, and work experience have long been subjects for debate, and, in fact, were recommendations of the Common Council's 1991 Police Reorganization Commission Report; and Whereas: While the potential to enhance the quality of prospective police officers is a real possibility, concerns related to Civil Service requirements and court ordered hiring mandates must also be addressed; Now, Therefore, Be It Resolved: That this Common Council request that Mayor Anthony Masiello, Police Commissioner R. Gil Kerlikowske, Buffalo PBA President Robert P. Meegan, and Paschal Rubino, President of the Buffalo Civil Service Commission, file their comments on the feasibility and impact of instituting increased minimum educational requirements for Buffalo Police Officers; and Be it Further Resolved: That the above named individuals file their responses with the City Clerk prior to 2 PM on Thursday, October 10, 1996. REFERRED TO THE COMMITTEE ON POLICE REORGANIZATION, POLICE BENEVOLENT ASSN., THE COMMISSIONER OF POLICE AND THE CIVIL SERVICE COMMISSION. No. 173 By. Messers. Pitts and Coppola and Mrs. Gray Feasibility of City Co-Generation Plant at Memorial Auditorium WHEREAS: Memorial Auditorium will be vacated as a result of the opening of the new Marine Midland Arena. This provides an opportunity to explore various uses for the building; and WHEREAS: The Department of Public Works has received a number of proposals from various developers. These proposals will be reviewed within the next several months; and WHEREAS: The City of Buffalo could benefit from the development of an energy Co-generation plant especially with the deregulation of utility companies within New York State; and WHEREAS: The Memorial Auditorium provides an opportunity to develop a Co-generation plant. It's location could provide an incentive for redevelopment in the lower Main Street area; and WHEREAS: The Department of Public Works has been exploring the feasibility of developing a Co-generation Plant. Memorial Auditorium provides a perfect facility to realize this innovative program immediately. NOW, THEREFORE BE IT RESOLVED: That the Common Council requests the Commissioner of Public Works to initiate a feasibility study to develop a Co-generation facility at the Memorial Auditorium; and BE IT FURTHER RESOLVED: That the Commissioner of Public Works form a committee to conduct the study and report back to the Common Council in 60 days. REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 174 By: Mrs. Williams Problems with City Trees Whereas: One of the treasures of the City of Buffalo is the abundance of trees lining its streets, parks, and parkways; and Whereas: Unfortunately, through the years, the trees have suffered from various levels of neglect, a problem which is, in part, due to a lack of adequate personnel levels in the Parks Department Forestry Division; and Whereas: People throughout the community have expressed concerns about potentially dangerous conditions caused by trees in the city, including limbs hanging across sidewalks and against the roofs of houses, root damage to sidewalks, and dead trees which could topple and cause property damage or personal injury; and Whereas: In the 1996-97 City Budget adopted by the Common Council, funding was allocated for one City Forester, one Forestry Crew Supervisor, and four Parks Utility Workers in the Care and Placement of Trees in the Department of Human Services, Parks and Recreation. The overall budget for the function totals $308,757, including $100,000 in the "Unclassified" line 583, which is to be expended for contracted tree removal, trimming, planting, and Elm Leaf Beetle control application.; and Whereas: In the allocated positions control report dated September 17, 1996, the City Forester and Crew Supervisor positions remain vacant; Now Therefore, Be It Resolved: That this Common Council request that the Commissioner of Human Services, Parks and Recreation provide a report detailing the following: A clear explanation of which trees in the City are "City Trees" and are therefore the Department's responsibility to maintain The number of city employees currently assigned to the Care and Placement of Trees Division, along with titles and job responsibilities The number of contracts entered into to hire private concerns to deal with tree problems, the scope of the contracts, and the costs associated with the contracts The Department's plan of action to deal with residents' complaints/concerns about tree problems; and Be it Further Resolved: That this report be filed with the Council prior to 2 PM on Thursday, October 10, 1996. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF HUMAN SERVICES, PARKS & RECREATION AND THE CORPORATION COUNSEL. No. 175 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 Florence Johnson By Councilmember Pitts. Felicitation for SS Peter & Paul Athletic Club By Councilmember Franczyk. In Memoriam for Neal Rainey By Councilmember Pitts ADOPTED. No. 176 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 Committee Tues, Oct 8, 1996 9:30 A.M. Finance Committee Tues, Oct 8, 1996 - following Civil Legislation Committee Tues, Oct 8, 1996 2:00 P.M. Community Dev. Committee Wed, Oct 9, 1996, 10:00 A.M. Committee on Education Wed, Oct 9, 1996, 2:00 P.M. No. 177 Adjournment On a motion by Mrs. LoTempio, Seconded by Mr. Brown, the Council adjourned at 3:11 P.M. CHARLES L. MICHAUX, III CITY CLERK Board of Police and Fire Pension Proceedings #8 Mayor's Office - 201 City Hall September 26, 1996 Present: James W. Pitts, Council President; Anthony M. Masiello, Mayor - 2 Absent: Joel Giambra, Comptroller - 1. The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the months of August 1996 and September 1996 amounting to $27,244.92 and $27,244.92, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. ADOPTED. AYES - 2 NOES - 0 No. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the months of August 1996 and September 1996 amounting to $30,136.11 and $30,047.64, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. ADOPTED. AYES - 2 NOES - 0 No. 3 The following annuitant was cancelled from the Police Pension Fund: Catherine Quinn Died 8/5/96 RECEIVED AND FILED. No. 4 On a motion by Mr. Pitts, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.