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HomeMy WebLinkAbout96-1029 1No. 20 Common Council Proceedings of the City of Buffalo Regular Meeting, October 29, 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 29, 1996 at 2:00 P.M. PRESENT- James W. Pitts President of the Council, and Council Members Brown, Coppola, Czajka, Franczyk, Gray, Helfer, Kavanaugh, Lockwood, LoTempio, Pitts, Quintana, Williams and Zuchlewski- 13. ABSENT- None. On a motion by Mrs. LoTempio, seconded by Mr. Czajka, the minutes of the stated meeting held on October 15, 1996 were approved. FROM THE MAYOR No. 1 Re-appointment of Member to the City Planning Board Pursuant to the powers vested in me by Section 316 of the Charter of the City of Buffalo, I hereby re-appoint Cynthia Schwartz, residing at 833 Auburn Avenue, Buffalo, New York 14222 to the City Planning Board for a term expiring October 9, 1999. I hereby certify that the above named individual is fully qualified to serve as a member of the City Planning Board. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 2 Appointment of Members to the Buffalo Board of Parking Pursuant to the powers vested in me by Section 109R of the Charter of the City of Buffalo, I hereby appoint, subject to confirmation by Your Honorable Body, the following individuals to serve on the Buffalo Board of Parking: Brenda Follmer 231 Richmond Ave. Buffalo, NY 14222 Ms. Follmer is Vice President of Communications for Delaware North Companies, Inc. She majored in English at the University of North Carolina. Ms. Follmer is a member of the Public Relations Society of America and the National Association of Female Executives. Her term will expire March 31, 1998. Ms. Follmer is an independent. Stephanie Graham 351 Ashland Ave. Buffalo, NY 14222 Ms. Graham is Sales Manager, Assistant Vice President for Key Bank of New York. She attended Canisius College and holds a Bachelor of Science in Business Management. Ms. Graham is active in various community organizations. Her term will expire March 31, 1998. Ms. Graham is a democrat. Linda J. Nenni 11 Brittany Lane Buffalo, NY 14222 Ms. Nenni is Vice President for Legal Affairs and General Counsel for Millard Fillmore Health System. She attended SUNY/Buffalo and holds a Juris Doctor, Master of Education Degree and Bachelor of Arts Degree. Ms. Nenni is active in various professional and community associations. Her term will expire March 31, 1999. Ms. Nenni is a democrat. Paula M. Ciprich 198 University Ave. Buffalo, NY 14214 Ms. Ciprich is General Manager, Investor Relations with National Fuel Gas. She attended State University of New York at Buffalo and received a Juris Doctor, magna cum laude and the University of Dallas receiving a Bachelor of Arts, magna cum laude. Ms. Ciprich is involved in various organizations. Paula M. Ciprich is a democrat. Her term will expire March 31, 2002. Evelyn Kerney 233 Brunswick Blvd. Buffalo, NY 14208 Ms. Kerney is a Directory Manager for NYNEX. She attended State University of New York at Buffalo and received a Doctor of Philosophy and also attended Canisius College and received a Master of Science and Bachelor of Arts. Ms. Kerney has thirty years of management experience specializing in Instructional Design. She has received numerous awards and is active in various organizations. Evelyn L. Kerney is a republican. Her term will expire March 31, 2003. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 3 Appointment and Reappointment of Members Buffalo Preservation Board Pursuant to the powers vested in me by Article 11, Section 337-3, Part II of the Code of the City of Buffalo, I hereby appoint and reappoint, subject to confirmation by Your Honorable Body, the following individuals to the Buffalo Preservation Board: Sam Gurney 772 Potomac Ave. Buffalo, NY 14209 Sam Gurney is Vice President and Partner for Gurney, Becker & Bourne. He attended the University of Denver and has a Degree in Political Science. Mr. Gurney is a licensed real estate broker, a member of the Greater Buffalo Board of Real Estate and member of the New York State Commercial Association of Realtors. Sam Gurney is very experienced in preservation issues having rehabilitated two homes on Linwood Avenue. Mr. Gurney's will fill the unexpired term of David Steiglitz who has resigned. His term will expire August 31, 1998. Alfred D. Price 77 Huntington Ave. Buffalo, NY 14214 Alfred D. Price is Associate Professor in the Department of Planning and Design, School of Architecture and Planning, SUNY/Buffalo. Professor Price received his AB in Sociology from Princeton University and was awarded the Master of Architecture and Urban Planning, Princeton University. Alfred D. Price is a member of the Community Advisory Committee, Greater Buffalo International Airport, Board of Commissioners of the NYS Niagara Frontier Transportation Authority, member, Board of Governors, National Conference of Christians and Jews, member, Board of Directors, Artpark & Company, member, Community Advisory Council, Roswell Park Cancer Institute, Chairman, Diocesan Architectural Commission, Episcopal Diocese of Western New York, member, City Arts Commission, member, American Planning Association. Professor Price is active in other various associations and organizations too numerous to mention.. Professor Price's term will expire August 31, 1999. He is replacing Dr. Nuala McGann Drescher. John Montague 775 Bird Ave. Buffalo, NY 14209 John Montague is being reappointed for a three-year term expiring August 3 1, 1999. I hereby certify that the above mentioned individuals are fully qualified to serve on the Buffalo Preservation Board. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 4 Appt. Members - BMHA Pursuant to the powers vested in me by Subdivision 2, Section 30 of the Public Housing Law, I hereby appoint Stuart Alexander, residing at 258 Highland Avenue, Buffalo, New York 14222, as a member of the Buffalo Municipal Housing Authority. Mr. Alexander's term is effective immediately and will expire October 19, 2001. He is replacing Barbara C. Pannozzo, who has resigned. Stuart Alexander is President of Stuart Alexander & Associates, Inc. He is responsible for the coordination and management of studies and development projects undertaken by the firm which he established in 1973. He was employed by the Buffalo Area Chamber of Commerce to coordinate public and private sectors participation in urban development projects, supervised the preparation of a city-wide master plan, and determined capital budget priorities. He was Project Director for the Buffalo-Amherst Rapid Transit Station Area Analysis; served in the Governor's Office, State of Florida. Mr. Alexander has prepared city and state financing mechanisms to implement land development; planned and programmed neighborhood restoration projects costing in excess of 20 million dollars in construction. Stuart Alexander served on the White House Council for the Aging; instructor at the State University of New York at Buffalo school of Architecture and Environmental Design. He has served on many other boards and committees. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Municipal Housing Authority. RECEIVED AND FILED. No. 5 Appointment of Members to the Flood Hazard Review Board Pursuant to the powers vested in me by Section 189-14, Chapter 189 of the Code of the City of Buffalo, I hereby appoint the following individuals to the Flood Hazard Review Board: APPT. EXP. DATE Greg Hewitt, P.E. 10/15/96 10/15/98 92 Fordham Avenue Buffalo, New York 14216 Mr. Hewitt is a partner in the engineering firm of DiDonato Associates Debra Naybor, P.L. S. 10/15/96 10/15/98 11901 Broadway Alden, New York 14004 Ms. Naybor is a licensed surveyor and is the principal in her own firm. Mr. Philip Snyder, R.A. 10/15/96 10/15/98 302 Sanders Road Buffalo, New York 14216 Mr. Snyder is an architect with the firm of Stiglitz, Stiglitz and Mach. Rev. S. Theodore Berg 10/15/96 10/15/98 1974 Seneca Street Buffalo, New York 14210 Rev. Berg is the Chairman of the Planning Board. Mr. William Lewis 10/15/96 10/15/98 146 Choate Street Buffalo, New York 14220 Mr. Lewis is a Buffalo firefighter and licensed real estate broker. I hereby certify that the above named individuals are fully qualified to serve as members of the Flood Hazard Review Board. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 6 Designation of Nominees for Appointment Board of Trustees of the Buffalo and Erie County Library Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter 768, Section 2 of the Laws of 1953, transmitted herewith is my designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library. The County Executive, subject to confirmation by the County Legislature, will appoint one nominee for a term expiring December 31, 2000. Said nominee is replacing Roland R. Benzow whose term expired December 31, 1995. Salvatore Martoche 232 Lincoln Pkwy. Buffalo, N.Y. 14216 Mr. Martoche is a nationally prominent attorney and government official. He served as Acting Director of the Office of Thrift Supervision (OTS), at the request of President Bush and previous to this served as Assistant Secretary for Enforcement at the United States Treasury Department. Salvatore R. Martoche's contribution to the nation New York State and Western New York are too numerous to mention, but I am sure everyone is aware of He now practices law in Buffalo where he works in areas such as bank regulatory and compliance matters, municipal finance, and litigation. Mr. Martoche is active in many civic and charitable activities, such as Canisius College Alumni Association, United Way of Buffalo and Erie County, Western New Public Broadcasting, etc. Stephen Lamantia 109 Larchmont Rd. Buffalo, N.Y. 14214 Stephen Lamantia graduated from Canisius College and University of Notre Dame Law School. Mr. Lamantia is Principal Law Clerk to Appellate Division Justice John J. Callahan. He is a member of many civic and professional associations, such as the Eric County Bar Association, Justinian Legal Society, Notre Dame Alumni Club, etc. Bridget Humann 72 Lancaster Ave. Buffalo, N.Y. 14222 Bridget is currently a pre-kindergarten teacher at Trinity Child Care. For 6 years she was active with Children's Hospital and is a Board Member of the Art Gallery. I hereby certify that the above designees are fully qualified to serve as a member of the Board of Trustees of the Buffalo and Erie County Library. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 7 Deployment of Sewer Maint. to Streets In response to the above mentioned item, please be advised that I have instructed Anthony Hazzan to review this matter and develop a plan, within the terms of current collective bargaining agreements, for utilizing Sewer Authority manpower and equipment for assisting in cleaning city streets. Given the current state of city finances, it is important that we make the best use of all of our resources to deliver the best city services possible. I am fully supportive of any kind of a joint effort of employee and equipment utilization that will provide better services to the public in a more efficient and cost effective manner. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 8 Municipalization of Electric Service Item No. 150, C.C.P., 10/1/96 In response to the above mentioned item, please be advised that I have instructed Public Works Commissioner Joseph Giambra to investigate not only this proposal submitted by Councilmember Coppola for the municipalization of electric service, but also the proposal submitted by Councilmember Pitts for the feasibility of converting Memorial Auditorium into a co-generation facility that could produce and sell electricity at reduced rates. Commissioner Giambra and others have had discussions with Target Energy, the Wing Group, and other similar firms specializing in the reduction of energy costs. In addition, we are in the process of developing a Request for Proposals as a first step to gaining discount rates from Niagara Mohawk, self generation, or other alternatives. While I am very concerned with the current cost of electricity for city businesses, residents, and city operations, I have considerable concerns regarding the timing of municipalization of electric service through private contracting or other methods given New York State's goals for their Energy 2000 project. Municipalization may require a tremendous investment in capital acquisition. At a time when New York State is moving at a rapid pace to change the entire structure of the electric energy utility industry, it may be difficult to justify these capital costs given the pending uncertainty in the electric industry. If the state is able to realize its goal of full competition by the year 2000, energy costs for Buffalo will decrease without the necessity of paying a private contractor for what would amount to a negotiated settlement with Niagara Mohawk. A typical contract with a firm specializing in energy cost reduction would obligate the city to pay a percentage of savings over a minimum of five years. The city therefore, would not realize full impact from those savings during that five year time period. We may be better off waiting for the Energy 2000 project to come to fruition. However, as I have stated before, I have instructed Commissioner Giambra and others to fully study all energy saving proposals to determine the best course of action for the city of Buffalo. This will also include discussions for joint County/City review. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 9 City Hall Security Item No. 164, C.C.P., 7/9/96 The security of all persons, workers and visitors, entering City Hall is of paramount concern to my administration and me personally. My Commissioners and I have worked with the Common Council and Comptroller to develop a personal identification tag for all employees of the city so that non-employees could be more easily recognized. Unfortunately, most employees chose not to wear the identification badges. In addition, the Police Department conducted a series of safety seminars for City Hall workers to enlighten individuals of methods that they could practice on their own to enhance their security. However, most workers chose not to attend these seminars. I don't believe assigning more Police Officers to patrol City Hall on a daily basis is warranted. I believe that Police Officers are needed much more patrolling our city streets. However, I have asked Police Commissioner Kerlikowske to again prepare a list of safety measures that employees should take in order to diminish the potential for criminal activity. In addition, I will ask Public Works Commissioner Joseph Giambra to investigate other security measures such as electronic surveillance equipment, etc. to estimate costs. After determining the costs of such measures, I would ask your Honorable Body for assistance at budget time in determining the feasibility and practicality of adding these expenses to our city operation and maintenance and your help in identifying funds. The Division of Emergency Services has no role in the safety or security of City Hall. In the event of a disaster such as an environmental accident, a snow emergency, or other extremely hazardous situations, the Coordinator of Emergency Services would interact with various city departments in handling the problem. In response to the question of a City Hall evacuation policy, yes one exists. In the event of a situation that would require the full evacuation of this building, all employees would be instructed through the fire alarm system to leave their respective floors and use the stairs to exit. The Fire Department would evacuate handicapped individuals who are unable to use the stairways. I will instruct Commissioner Giambra to convene another meeting of the "Fire Marshalls" to ensure that these individuals are familiar with evacuation procedures and pass them along to workers on their respective floors. Additionally, we would be able to update our information on the location of handicapped personnel. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 10 YWCA of Buffalo - Request to Provide Office and Housing for Homeless Mothers Item No. 94, C.C.P., 10/15/96 The City Planning Board at its regular meeting held Tuesday, October 22, 1996 considered the matter referenced above pursuant to Section 511-136 of the Buffalo Code, Review of Human Service Providers. The applicant seeks to expand an existing program to provide transitional housing for homeless mothers and their children, while at the same time reducing the number of mentally retarded residents currently housed at the facility. The net result of this change will be a net loss of beds at the facility. Human service providers are permitted in an R or C zone in the city, provided that they are approved by your Honorable Body. The Code also states that the issue of concentration of human service providers within one-half mile of the site be undertaken to gage the impact of such facilities on neighborhood fabric. Under SEQR the proposed use is a Type II action which does not require further environmental review. It should be added, however, that if external work is anticipated for the building then the Buffalo Preservation Board will have to approve such work, since the site is located in a preservation district. The Planning Board voted to approve the proposed changes on the ground that the diminution of use as evidenced by fewer beds did not add to the areas concentration of human service providers. RECEIVED AND FILED. No. 11 Sorrento Cheese Co., Request to Rezone 23 to 63 Leland Drive from R2 to CM Item No. 95, C.C.P., 10/15/96 The city Planning Board at its regular meeting held Tuesday, October 22, 1996 considered the matter referenced above pursuant to Section 511-126 of the Buffalo Code, Amendments to the Zoning ordinance. The applicant seeks to rezone 13 residential lots from R2 to CM to allow for the expansion of their manufacturing operation. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. After considerable discussion, the Planning Board voted to approve the partial rezoning of the requested area. The reason for this was that the applicant had no immediate plans for all of the 13 lots in question. Consequently, the Board voted to rezone only 41 to 63 Leland Drive. RECEIVED AND FILED. No. 12 Comptroller's Office Sale of 90 to 92 Hopkins Street for Refurbishing Wooden Pallets Item No. 7, C.C.P., 7/9/96 The City Planning Board at its regular meeting held Tuesday, September 24, 1996 considered the matter referenced above pursuant to Section 317 of the Buffalo Charter, Referable Matters. The Board has no objection to the sale of the publicly owned property captioned above. Furthermore, the use of the site as a wooden pallet refurbishing facility is permitted by the underlying zone. Moreover, since the site is not adjacent to the Buffalo River, the provisions of the coastal review district are not applicable. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BOARD OF PARKING No. 13 Bids - Parking Lots Item No. 9, C.C.P., 9/17/96 The above stated item, which is in the Finance Committee (Item No.7) has an error. I mistakenly listed the wrong high bidder, the dollar amount is correct, but Allright Buffalo, Inc., was the high bidder not Imperial Parking Inc. for Parcel #5/Skyway Thruway Loop. I am submitting a whole new item with the correct information. I apologize for this inconvenience. Mrs. LoTempio moved: That the communication from the Board of Parking, dated October 24, 1996 be received and filed; and That the Director of Parking be, and he hereby is, authorized to award, to the highest bidders, a five (5) year lease for Parcel 29/Thruway No. 5 in the amount of $99,800 plus the five (5) year amortization of $85,500 in improvements to Parcel 29, to Imperial Parking, Inc.; a three (3) year lease for Parcel #5/Skyway Thruway Loop in the amount of $35,500 to Allright Parking Buffalo, Inc.; a three (3) year lease for 155 Washington in the amount of $ 5 6,600 to Allright Parking Buffalo Inc.; and a three (3) year lease for Thruway Lot No. 4 in the amount of $35,500 to Imperial Parking, Inc. PASSED AYES - 13 NOES - 0 FROM THE BOARD OF ETHICS No. 14 Meeting Minutes The meeting was called to order at 9:10 a.m. by Judge Roberts. The board discussed the mayor waiving the filing requirements for certain committees or individuals in the future. The board would like to see some kind of guidelines or structure in deciding who should receive a waiver. A list of non-filers was compiled and letters will be sent to them notifying them if they do not file within a certain amount of time fines can be imposed on them. It was noted that some of the non-filers addresses on file are not current or incorrect. Mr. Michaux suggested that they institute a policy where the Mayor needs to be addresses that his appointees have given incorrect or not current addresses. The Law Department is doing an analysis of all the boards. It is the understanding that some of them no longer meet or meet every six months. Hon. Buswell Roberts is going to ask the mayor if he would get a liaison in city government that would explain the filing procedures to board members. Hon. Roberts made a motion to adjourn. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMPTROLLER No. 15 Result of Negotiations 23 Dole, 211' N Elk Lot Size: 30' x 115' Assessed Valuation: $2,600 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Joseph Trombley, owner of Specialty Fiberglass, Inc., 35 Dole Street, Buffalo, New York 14210, to purchase the above captioned property. Mr. Trombley intends to purchase this property and expand his parking area at 35 Dole Street. The Department of Community Development and the Division of Collections have been contacted and there are no objections to the sale. There are no outstanding building code violations, taxes or other liens owed to City by the purchaser. An independent appraisal of the property was conducted by Mr. Charles Vacanti, Appraiser, 3800 Harlem Road, Cheektowaga, New York 14215. He has estimated the fair market value of the property to be Two Hundred and Fifty Dollars ($250.00). The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Mr. Joseph Trombley has agreed and is prepared to pay Two Hundred and Fifty Dollars ($250.00) for the subject property. He has also agreed to pay for the cost of the appraisal, recording fees, transfer tax and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 23 Dole Street to Mr. Joseph Trombley in the amount of Two Hundred and Fifty Dollars ($250.00). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 16 Result of Negotiations 164 Mulberry, 198.25' S Carlton Vacant Lot: 29' x 100' Assessed Valuation: $1,300 The Office of the Comptroller, Division of Real Estate, has received a request from Ms. Sandra J. Withrow of 166 Mulberry Street, Buffalo, New York 14208, to purchase the above captioned property. She intends to use this vacant 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 code violations, taxes or liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Sullivan Valuation & Research, Brian A. Sullivan, Appraiser, 1314 Hertel Avenue, Buffalo, New York 14216. He has estimated the fair market value of the property to be Five Hundred Dollars ($500.00). This represents approximately Seventeen Cents (.17) per square foot for the subject property. The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range from Sixteen Cents (.16) per square foot to Thirty-One Cents (.31) per square foot. The results of our negotiations are that Ms. Sandra Withrow has agreed and is prepared to pay Five Hundred Dollars ($500.00) for the subject property. She has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 164 Mulberry Street to Ms. Sandra Withrow in the amount of Five Hundred Dollars ($500.00). 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. 17 Result of Negotiations 144 Selkirk, N Corner Minton Vacant Lot: 36' x 82' Assessed Valuation: $2,800 The Comptroller's Office, Division of Real Estate, has received a request from Mr. David Rutkowski of 2 Verdun Place, Cheektowaga, New York 14220 to purchase the above captioned property. The vacant lot is adjoining property that Mr. David Rutkowski owns at 146 Selkirk. Mr. Rutkowski intends to purchase this lot and build a garage. The Department of Community Development and the Division of Collections have been contacted and they have no objections to the sale. There are no code violations, taxes, or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Chester S. Zukowski, Appraiser, 3790 Broadway, Cheektowaga, New York 14227. He has estimated the fair market value of the property to be Seven Hundred Dollars ($700.00). This represents approximately Twenty-one Cents (.21) a square foot for the subject property. The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Mr. David Rutkowski has agreed and is prepared to pay Seven Hundred Dollars ($700.00) for the subject property. He has also agreed to pay for the cost of the appraisal, recording fees, transfer tax and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 144 Selkirk to Mr. David Rutkowski in the amount of Seven Hundred Dollars ($700.00) 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. 18 Exchange Property 1563 & 1565 Jefferson Item No. 146, C.C.P., 10/1/96 The above item is a resolution that has been forwarded to this office, Community Development and the Corporation Counsel for a response. The above item involves two properties owned by the City of Buffalo located at 1256 and 1262 Jefferson Avenue and two vacant lots at 1563 & 1565 Jefferson Avenue owned by the Prince of Peace Church of God In Christ. The city-owned property is improved with a vacant one story building. The Church wishes to exchange their two vacant lots for the city-owned properties. The Church began it's efforts to acquire the city-owned property in June of 1994. At that time, the property was being leased to Mr. William Cooper. The lease was canceled in favor of selling the property to the Church. The Common Council authorized the sale of 1256 & 1262 Jefferson Avenue to the Church in the amount of Seventy-Five Hundred Dollars ($7,500.00), Item #158, C.C.P. 9/19/95. After the sale was approved and prior to closing the sale, the Church offered to exchange the two parcels at 1563 & 1565 Jefferson for the city-owned building and vacant lot. The Division of Real Estate contacted Community Revitalization and Community Development to determine if the Church's vacant lots could be used for public purposes or development. The Division of Real Estate was advised that the vacant lots were not needed. The aforementioned resolution advises that the Church's properties will be used for the Jefferson Alive/Renaissance Plan and for business development on Jefferson Avenue. An exchange of property can be accomplished in accordance with Article 27, Section 516 of the City Charter. This section states "any lands acquired in exchange for unappropriated or abandoned real estate, ..., shall be of a substantially equal value to the property conveyed by the city. No such exchange shall be made unless the lands proposed to be conveyed to the city are required for a public use." I am recommending, should Your Honorable Body approve the exchange, that this office be authorized to negotiate the exchange with the Prince of Peace Church of God In Christ and report the results of our negotiations back to Your Honorable Body for final approval. REFERRED TO THE COMMITTEE ON FINANCE. No. 19 Sale of 384 Broadway to H.E.L.P., Buffalo, Inc. Lot Size; 50' x 128' Assessed Valuation: Land: 3,300 Total: 69,700 Item No. 201, C.C.P., 2/6/96 The above mentioned resolution authorizes the Comptroller to negotiate the sale of 384 Broadway to H.E.L.P., Buffalo, Inc. H.E.L.P., a not-for-profit organization, which intends to acquire and develop 384 Broadway for transitional housing. An independent appraisal of the property was conducted by Donald A. Griebner, Northeastern Appraisal Associates, Inc., 1829 Maple Road, Williamsville, New York 14221. He has estimated the fair market value of the property to be Forty-Five Thousand Dollars ($45,000). The results of our negotiations are that Mr. Vincent Ravaschiere, Esq., on behalf of H.E.L.P., Buffalo, Inc., has agreed and is prepared to pay FortyFive Thousand Dollars ($45,000.00) for the property. The purchase is contingent upon the purchaser receiving final award agreement of HHAP funding in the amount of not less than One Million Dollars ($1,000,000.00). The purchaser has also agreed to pay for the cost of the appraisal, transfer taxes, if any, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 384 Broadway to H.E.L.P. Buffalo, Inc. in the amount of Forty-Five Thousand Dollars ($45,000.00). 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. 20 Implement. of Non-Resident City of Buffalo Employee Payroll Surcharge Item No. 187, C.C.P., 10/15/96 I am providing the Common Council with a copy of a proposal which my office staff developed nearly two years ago and I feel it holds substance with respect to the above referenced item. Obviously, I am in favor of such a measure and I look forward to working with the Common Council on the potential of implementing a proposal dealing with this important issue. REFERRED TO THE COMMITTEE ON BUDGET No. 21 Certificate of Appointment Appointment effective Oct. 21, 1996 in Dept. of Audit & Control, Division of Collections, to the position of Paralegal Assistant, Temporary, at the intermediate starting salary of $31,276. Patrick K. Irwin, 75 Harding Road, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 22 Notification Serial #8737 Repeal No Parking Anytime North Side of Virginia Street between Washington Street and Ellicott Street NO PARKING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Virginia Street, north side Anytime between Washington Street and Ellicott Street This action is being taken to provide uniformity in parking regulations along a narrow street in the vicinity of a high volume intersection. (See next serial) Notification Serial #8738 Install No Standing Anytime North side of Virginia Street between Washington Street and Ellicott Street NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Virginia Street, north side Anytime between Washington Street and Ellicott Street This action is being taken to provide uniformity in parking regulations along a narrow street in the vicinity of a high volume intersection. (See previous serial) Notification Serial #8739 Install Stop Signs (All-Way) Washington Street at Virginia Street STOP SIGNS (ALL-WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ONSHALL STOP BEFORE ENTERING Washington StreetVirginia Street REFERRED TO THE COMMITTEE ON LEGISLATION. No. 23 Northeast Buffalo Parkway Project East Delavan to East Amherst Street Pursuant to Section 617.12 of the State Environmental Quality Review Act (SEQRA), enclosed please find the Negative Declaration for the Northeast Buffalo Parkway Project. If you should have any questions, please do not hesitate to contact me. RECEIVED AND FILED. No. 24 Permission to Prepare Plans & Specifications and Advertise for the Construction of Curb & Sidewalk on Elmwood Avenue - Allen Street to North Street Group #440 I hereby request permission from Your Honorable Body to prepare plans, specifications and advertise for sealed proposals for the Construction of Curbs and Sidewalk on Elmwood Avenue from Allen Street to North Street. This project will include the reconstruction of curbing and sidewalk. This project was approved as part of the 1996-1997 Capital Improvements Budget. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated October 15, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to prepare plans, specifications and advertise for sealed proposals for the Construction of Curbs and Sidewalk on Elmwood Avenue from Allen Street to North Street. Funds for this project are part of the 1996-1997 Capital Improvements Budget. PASSED AYES - 13 NOES - 0 No. 25 Permission to Engage Services - Consulting Engineer Cleaning and Lining 36" Mains It is hereby respectfully requested that your Honorable Body authorize the Commissioner of Public Works to engage the services of a Consulting Engineer to prepare plans and specifications, advertise for bid and provide full time field inspection services for the following: Clean and Line approximately 2,000 l.f. of existing 36 inch watermain on West Delavan Avenue from DeWitt Street to Parkdale Avenue Clean and Line approximately 2,000 l.f. of existing 36 inch watermain on Parkdale Avenue from West Delavan Avenue to Forest Avenue Clean and Line approximately 300 l.f. of existing 36 inch watermain on Forest Avenue from Parkdale Avenue to Rees Street Clean and Line approximately 2,500 l.f. of existing 36 inch watermain on Rees Street from Forest Avenue northerly to new 36 inch watermain Install approximately 1,100 l.f. of new 36 inch ductile iron watermain from the south side of the Grant Street Bridge over the Scajaquada Expressway to the end of the cleaning and lining work. All of the existing waterlines were constructed in 1908 and are badly deteriorated. Numerous breaks and joint leaks are occurring. All new valves and fire hydrants will be installed to provide a good water supply for both domestic use and fire protection. This project is estimated at $80,000.00. Funds for this work are available in the Division of Water's 416-982-505-00-000 account. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated October 11, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to engage the services of a Consulting Engineer to prepare plans and specifications, advertise for bid and provide full time field inspection services for the Cleaning and Lining 36" Mains, as more fully described in the above communication. Funds for this project will be available in the Division of Water's 416-982-505-00-000. PASSED AYES - 13 NOES - 0 No. 26 Permission to Engage Services - Consulting Engineer Rehabilitation of Pumps - Col. Ward and Manhattan Tank It is hereby respectfully requested that your Honorable Body authorize the Commissioner of Public Works to engage the services of a Consulting Engineer for work relating to Rehabilitation of Pumps - Colonel Ward Station and Manhattan Tank. Such services shall include, but not be limited to, rehabilitation of the three (3) high lift pumps at the Colonel Ward Pump Station and two (2) pumps at the Manhattan Tank. Items to be rehabilitated include impellers, motors, driveshaft, pump bodies, valves and all other pump components excluding electrical switch gear. The estimated cost to retain a consultant is $55,000.00 for this project. Funds for this work are available in the Division of Water's 416-983-502-00-000 account. REFERRED TO THE COMMITTEE ON FINANCE AND COMMISSIONER OF PUBLIC WORKS. No. 27 Permission to Engage Services - Consulting Engineer Low Lift Pump Room Study It is hereby respectfully requested that your Honorable Body authorize the Commissioner of Public Works to engage the services of a Consulting Engineer for work relating to Low Lift Pump Room Study at the Colonel Ward Pumping Station. Such services shall include, but not be limited to, examination and assessment of six (6) low lift pumps; electrical switchgear and room lighting and ventilation. The study shall include recommendations that will reduce operating costs and/or improve plant efficiency. The estimated cost to retain a consultant is $25,000.00 for this study. Funds for this work are available in the Division of Water's 416-983-502-00-000 account. REFERRED TO THE COMMITTEE ON FINANCE AND COMMISSIONER OF PUBLIC WORKS. No. 28 Change in Contract Reconstruction of Pools 1996 - Various Locations I hereby submit to Your Honorable Body the following changes for the Reconstruction of Pools 1996, Various Locations, Plumbing Work - Numarco, Inc. - C #91851100. 1. Repair pool circulating pump at the Cazenovia Natatorium. Add $1,921.74 2. Replace pool recirculating line between the filter pit and pool and replace the pool recirculating pump motor at the Crowley Street wading pool. Add $2,749.09 3. Replace one 3" and one 2" valves in the girls' locker room and repair the main circulating pump discharge line at the Kensington Pool. Add $893.80 4. Repair brominator piping and replace the 6" lubricated play valve on the pool fill line at the Masten Pool. Add $1,104.86 5. Replace two 3" flanged gate valves on the locker room water supply lines and repair a 1" water line in the men's toilet room. Add $834.97 The foregoing change results in a net increase in the contract of Seven Thousand Five Hundred Four and 46/1 00 Dollars ($7,504.46). Summary: Original Amount of Contract $42,500.00 Amount of This Change (No. 1) Add 7,504.46 Revised Amount of Contract $50,004.46 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work will be available in B/F 200-402-063 - 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. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated October 16, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 1 to Numarco, Inc., changes resulting in a net increase in the amount of $7,504.46, as more fully described in the above communication, for work relating to Reconstruction of Pools 1996 - Various Locations, C 491851 1 00. Funds for this project are to be charged to B/F 200-402-063, Division of Buildings. PASSED AYES - 13 NOES - 0 No. 29 Change in Contract Elmwood-Virginia Fire Station I hereby submit to Your Honorable Body the following changes for the Elmwood-Virginia Fire Station, Electrical Work, Frey Electric - C #91853600. 1. Provide 3-phase temporary power service to replace damaged existing power service. Add $4,067.00 The foregoing change results in a net increase in the contract of Four Thousand Sixty Seven and 00/100 Dollars ($4,067.00). Summary: Original Amount of Contract $154,360.00 Amount of This Change (No. 1) Add 4,067.00 Revised Amount of Contract $158,427.00 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 are available in B/F 200402-023 - 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. 30 Change in Contract Elmwood-Virginia Fire Station - General Construction I hereby submit to Your Honorable Body the following changes for the Elmwood-Virginia Fire Station, General Construction, Concept Construction - C #91853600. 1. Provide formed concrete piers and spread footings in lieu of caissons due to actual depth of bedrock found to be 52'-0" below grade in lieu of the assumed depth of 30'-0". Add $40,289.00 The foregoing change results in a net increase in the contract of Forty Thousand Two Hundred Eighty Nine and 00/100 Dollars ($40,289.00). Summary: Original Amount of Contract $1,265,932.00 Amount of This Change (No. 1) Add 40,289.00 Revised Amount of Contract $1,306,221.00 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 are available in B/F 200402-023 - 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. 31 Report of Bids Asbestos Abatement - Machnica Community Center I advertised for Emergency Bids and received the following proposals which were publicly opened and read on September 19, 1996. Peerless Environmental Svcs. $41,800.00 Arric Corp. $49,500.00 Georgian Bay Contracting $56,900.00 AAC Contracting $64,764.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Peerless Environmental Services, in the amount of Forty One Thousand Eight Hundred and 00/100 Dollars ($41,800.00) 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 200-402-044 - Division of Buildings. Estimate for this work was $50,000.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated October 21, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Asbestos Abatement at the Machnica Community Center, to Peerless Environmental Services, the lowest responsible bidder in the amount of $41,800.00. Funds for this project are available in CPF 200-402-044 - Division of Buildings. PASSED AYES - 13 NOES - 0 No. 32 Report of Bids Replacement of Tree Root Damaged Sidewalks City-wide 1996/97 - Group #428 Item No. 45, C.C.P., 9/3/96 This is to advise your Honorable Body that I have advertised and received bids on Wednesday, September 25, 1996 for Replacement of Tree Root Damaged Sidewalks City-wide 1996/97. In obtaining bids for the above project I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Unit Base Bid Unit Price Increase Cemulini-Pecoraro $319,045.00 $350,000.00 Master's Edge, Inc. $367,000.00 $397,955.00 M. Passucci Const. $405,675.00* $436,630.00 * Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is Cemullini-Pecoraro Construction Corp. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Division of Engineering Bond Fund #200-401-507-00-000 and a City Bond Fund Account which will be identified at a future date in an amount of $319,045, plus approved unit prices not to exceed $30,955.00, for a total encumbrance of $350,000.00. The engineer's estimate for this work is $350,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by November 12, 1996. Individual bid submissions are available in our office for inspection and copies are available upon request. REFERRED TO THE COMMITTEE ON FINANCE. No. 33 Certificate of Appointment Appointment Effective 10-24-96 in the Department of Public Works, Division Of Engineering, to the Position of Engineering Inspector, Permanent, at the Maximum Starting Salary of $33,342.00. Louis M. Sedia, 33 Montrose Ave., Buffalo, NY 14214 Daniel Szczesniak, 217 Central Ave., Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 34 Additional Information Elmwood Avenue-Virginia Fire Station Change Orders In regard to questions raised at the 10/28/96 caucus concerning Department of Public Works Items 27 and 28, please be advised of the following 1. Item #27 requests an electrical change order in the amount of $4,067.00 for Frey Electric to replace a damaged existing power service at the site. Service is an underground connection which was damaged in the course of foundation construction by the general contractor. Repair work was necessary and the most logical course of action was to have the project electrician perform the work. Restitution via a credit or an insurance claim against the general contractor is being pursued. Also, we anticipate a substantial credit against the general contract due to a tentative variance approval from New York State which would allow us to delete the elevator as part of the project. 2. Item #28 requests a change order in the amount of $40,289.00 for a general construction change in the foundation system. Actual bedrock elevations were much deeper than originally anticipated resulting in a necessity for this work. 3. Four contracts were approved for this project and I have attached the approving Item #109 CCP of 4/30/96. Items 27 and 28 are the first change orders submitted for this project. Please contact Bob O'Hara or myself if you require any further information. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CORPORATION COUNSEL No. 35 Ticket Tax Agreement Item No. 2, C.C.P., 10/10/95 Attached for your approval is the Ticket Tax Agreement between City of Buffalo, Kleinhans Music Hall Management, Inc. and Buffalo Philharmonic Orchestra Society, Inc. REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL. No. 36 Making Gifts of Public Funds Item No. 245, C.C.P., 9/17/96 You have requested a response from the Law Department regarding the circumstances that determine when an expenditure becomes a gift of public funds in violation of Article VIII, Section I of the Constitution of the State of New York (the "State Constitution"). Article VIII, Section I of the State Constitution prohibits a local government from giving or loaning any money or property to any individual, private corporation or association or private undertaking. Under this provision, a local government may not make gifts or loans of its property or funds. An expenditure that is clearly a gift of public funds is the forgiveness of property taxes. As it was found in the Matter of 1963 Elmwood Avenue, Inc. v. Joseph Tanzella, et al, 598 NYS 2d 414, the City could not waive property taxes in the absence of a contractual or legal obligation on the part of the City. The court found that though an incidental benefit to the City may have existed, it did not create an equitable duty to forgive the petitioners property taxes. The primary benefit must serve a public purpose to be a valid expenditure of public funds. The New York Attorney General has found that the State Constitution is not violated when the expenditure is made for a valid public purpose. 1988 Op Atty Gen [Inf]141. A wide range of expenditures are permissible in the view of the Attorney General's office. As stated in 1987 N.Y. Op. Atty. Gen. [Inf.] 58: "In the past, we have concluded that a municipality's home rule powers allow it to carry out programs that incidentally benefit private parties as long as a valid public purpose is served at the same time. Valid public purposes have been found in municipal actions to permit blind persons to operate vending concessions on county property (1984 Op Atty Gen [Infl 137); county funding for a migrant child care center (1985 Op Atty Gen [Inf] 98)- town subsidies to extend cable TV service within the town (1985 Op Atty Gen [In 168); and county funded employee incentive award programs (Op Atty Gen No. 86-42; see, also, 1981 Op Atty Gen [Inf] 97; 1980 Op Atty Gen [Inf] 88; 1979 Op Atty Gen [Inf] 60). In each of these instances it was concluded that the municipality's power to pass laws to promote the "... protection, order, conduct, safety, health and well-being of persons or property [within the municipality]" (NY Const, Art. IX, Sec. 2); Municipal Home Rule Law, Sec. I 0[i] [a] [ii] [ 1 2] authorized the actions, even though an incidental benefit to private parties was included." The broad view recognized by the Attorney General's office suggests that what constitutes a public purpose is somewhat subjective. A legislative body should exercise its discretion carefully when considering proposals which may be illegal gifts of public funds. The Common Council must take a look at the circumstances of each instance and determine 1) whether the expenditure proposed serves a valid public purpose and 2) whether there is an incidental benefit to a private party, if a private party does indeed benefit. The Common Council must examine the facts of each instance individually, for example, waiving the permit fees for a non-profit theater, when it makes its determination. If the Council finds there is a sufficient public benefit, then it may submit the proposed expenditure or waiver to a vote. If it finds the purpose is primarily a private benefit to an private party or group, the expenditure would constitute an illegal gift of public funds. REFERRED TO THE COMMITTEE ON FINANCE. No. 37 Money Paid for Personal Injury Claims in the Past Ten (10) Years In response to your inquiry at the Common Council Meeting of October 1, 1996 regarding the above entitled matter, the approximate amount of Personal Injury Claim Settlements presented to the Common Council Claims Committee from February 24, 1987 to September 24, 1996 is ($4,652,306.65). Thank you. REFERRED TO THE COMMITTEE ON CLAIMS. No. 38 Residency Enforcement Program Item No. 191, C.C.P., 6/11/96 You asked the Law Department to draft an ordinance to enforce the City's residency requirement for its personnel. In particular, your resolution asked that the ordinance codify procedures for determining and enforcing the employee residency requirement "including provisions for the suspension and/or dismissal of violators." The resolution also sought a provision allowing City employees covered by the residency requirement who are not living in the City to apply for a six-month waiver prior to July 1, 1996. This Department is contemplating guidelines for assisting the Municipal Civil Service Commission and appointing authorities in determining residency of job applicants and City employees. Creation of these guidelines and conducting the necessary research should take about one month. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 39 Garbage and Recycling Enterprise Fund Equipment Item No. 232, C.C.P., 9/17/96 You asked the Law Department to examine the City's contract with the CID Group and specify whether the City is required by that contract to dispose of solid waste at the East Side Transfer Station. The Technical Specifications for that contract state, in relevant part, that the CID Group as contractor "will receive and process all solid waste as delivered." The contract does not require the City to deliver any amount to the East Side Transfer Station. If you have any further questions, please feet free to contact this office. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 40 Exchanging Property on Jefferson Avenue Item No. 146, C.C.P., 10/1/96 Opinion No. 96-34 You have requested a response from the Law Department regarding a proposal to exchange the City-owned property at 1256 Jefferson Avenue for properties at 1563 and 1565 Jefferson Avenue owned by Prince of Peace Church of God In Christ (the "Church"). Section 516 of the Charter of the City of Buffalo clearly states the City's policy in a land exchange. The Common Council may authorize the exchange of real property for other real property that is of substantially equal value and such property conveyed to the City must be required for a public use. If the property is not needed by the City to further a public use, then the exchange shall not take place. As we understand it, the exchange proposed by the Church is primarily for the Church's benefit. The City is not receiving the land to build a community center, a police station or other direct public use. However, there currently may be plans to use the property for future business development. If a sufficient public benefit is found through establishing businesses in that community, such benefit may be considered a public use. If the Common Council finds that a public use does not exist, the Church is still free to purchase the property from the City's Real Estate Division. REFERRED TO THE COMMITTEE ON FINANCE. No. 41 Subpoena - Emergency Medical Services Board Members Section 49 of the Charter authorizes the Common Council to issue subpoenas to compel individuals to appear before it. A resolution must be passed by majority vote of the Council directing the issuance of subpoenas. The procedure for the issuance of subpoenas is governed by Article 23 of the New York State Civil Practice Law and Rules. There is no stated minimum or maximum time for notice to be given to an individual prior to the return date on the subpoena. CPLR 2305. A subpoena must be served in the same manner as a summons. This is normally by personal service. Fees must be paid to the witness at the time of service of the subpoena. CPLR 2304. The fee is fifteen dollars ($15.00) plus mileage if the person resides outside the City of Buffalo. RECEIVED AND FILED. FROM THE COMMISSIONER OF POLICE No. 42 Personal Services Contract Employee Assistance Coordinator I am submitting, for your information, a copy of a personal services contract being entered into between this Department and Ms. Cynthia Goss. The purpose of the contract is to allow Ms. Goss to continue to provide the much needed Employee Assistance Program (EAP) services to this Department that she has most professionally and competently provided in the past. This contract will supersede a similar contract that had been entered into by this Department and the Erie County Medical Center, Division of Chemical Dependency for the identical services performed by Ms. Goss. There will be no increased costs as a result of this change of contracts. Should any member of your honorable body need or request any additional information in this regard, please do no hesitate to contact me. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CORPORATION COUNSEL. No. 43 Crossing Guards at Community School #53. Item No. 173, C.C.P., 4/30/96 Effective the first day of school, September 4, 1996, a school crossing guard has been placed permanently at Woodlawn and Wohlers, School 53. I have spoken to P.O. G. Williams of Community Services and she will speak to the children of school 53 on traffic and street crossing safety. RECEIVED AND FILED. No. 44 M. Winters & O-Complaint of 34 Moeller Item No. 161, C.C.P., 9/3/96 Buffalo Police Narcotics Detectives were assigned 34 Moeller on 9/25/96. Surveillance of this boarded up house was conducted on 9/25/96, 9/27/96 and 9/28/96. House was considered an eyesore, but not considered a place of drug activity. In a letter to Councilmember Coppola, dated September 30, 1996 Narcotics Captain Edward Hempling wrote that the complaint was turned over to the building inspectors with a recommendation for the house to be demolished. Narcotics officers will continue to monitor for drug activity. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 45 Smart Gun Tech. Item No. 152, C.C.P., 10/1/96 I currently chair the Weapons and Protective Systems Committee for the National Law Enforcement and Corrections Technology Center (U.S. Department of Justice) which is involved with the development of the "smart gun." Currently the technology is at least one year away from field testing prototypes of a smart gun. This is an important issue for officer safety and the safety of anyone near a firearm. I will keep you advised of any developments on this project. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 46 Certificate of Appointment Appointment Effective October 7, 1996 in the Department of Police to the Position of Motor Equipment Mechanic, Permanent, at the Maximum Starting Salary of $28,311. David J. Botticello, 24 McClellan Circle, Buffalo, New York 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 47 Report of Emergency Demolition Bid(s) - 402-404 Broadway 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), 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 October 7, 1996 and the contract(s) will be awarded to the following lowest responsible bidder(s): ADDRESS and OWNER CONTRACTOR and BID 402-404 BROADWAY GEORGIAN BAY Walter L Jones $47,300.00 64 Davidson Buffalo NY 14215 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. 48 Report of Emergency Demolition Bid(s) - 194 Fougeron 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 costs 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 23, 1996 and the contract(s) will be awarded to the following lowest responsible bidder(s): ADDRESS and OWNER CONTRACTOR and BID 194 FOUGERON GREAT LAKES CONTRACTING Patrick Burke $4,200.00 194 Fougeron Buffalo NY 14211 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 die 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. 49 HOME Funds - 330 Trenton St. I am respectfully requesting your approval for a total of $257,000.00 of HOME funds to assist in the construction of a new 50 unit senior citizen complex. The apartments will be rented to low-mod income tenants over 55 years of age. The loan terms will be 0% for 20 years. These monies are a part of the budget for the Los Tainos Senior Citizen Center HUD 202 Project. Mrs. LoTempio moved: That the communication from the Department of Community Development dated October 10, 1996, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to release the amount of $257,000.00 of HOME Funds to assist in the construction of a senior citizen complex at 330 Trenton Street, for a 20 year period at 0% interest. PASSED AYES - 13 NOES - 0 No. 50 Buffalo Olmsted Park Conservancy Request to Present the Greenways Master Plan The Planning Division has reviewed the Greenways Master Plan and hereby recommends that your Honorable Body allow the Olmsted Conservancy the opportunity to make a presentation of the plan to your Honorable Body. It is our feeling that the plan provides a conceptual framework upon which future action regarding Buffalo's Greenways should flow. Moreover, the City Planning Board has endorsed the Greenways Master Plan at its meeting of February 13, 1996. Given this, it is our recommendation that your Honorable Body also endorse this important document. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 51 Sorrento Cheese Co. Request to Rezone 23 to 63 Leland Drive from R2 to CM Item No. 95, C.C.P., 10/15/96 The Department of Community Development concurs with the Planning Board's recommendation to approve the matter captioned above. RECEIVED AND FILED. No. 52 EAF/Neg. Declaration - Sorrento Cheese Co. Rezone 23 to 63 Leland Drive from R2 to CM Item No. 95, C.C.P., 10/15/96 Attached for your information is the Full Environmental Assessment Form and Negative Declaration for the project captioned above. RECEIVED AND FILED. No. 53 Carbon Monoxide Ordinance Item No. 177, C.C.P., 7/23/96 The Common Council has asked for comments from the Environmental Management Commission for the proposed Carbon Monoxide Detector Ordinance Amendment under consideration by the Council. The Commission is highly pleased that the Council continues its focus on human health/environmental issues in the City of Buffalo. Together with the City Administration's General Environmental Plan, and its focus on environment and human health issues, this promises important benefit to the well-being of our citizens. Regarding the specifics of the proposed ordinance, the Commission would make the following suggestions for Council consideration: 1) That an educational program be the primary basis for protection from the dangers of carbon monoxide. 2) That the proposed fine structure places too heavy a financial burden on homeowners. 3) That penalties and enforcement be especially concerned with multiple dwellings and rental units. The Commission thanks the Common Council for this referral and stands ready to comment in the future as may be required. 4) The Commission would be pleased to offer any advice which might be requested on any future drafts of the proposed ordinance. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 54 Transfer of Title, Urban Homestead Program 89 Dodge Street (Lot Size-25' x 135') The Department of Neighborhoods, Housing & Inspections has surveyed the city-owned lot at 89 Dodge Street the parcel is 25' x 135' in dimension; and it has been determined that this parcel of land is inappropriate for either construction of a new housing or the construction of public recreation facilities. Ms. Beatrice Nix, residing at 1055 East Ferry Street indicated that she will clean, improve and maintain the lot in the event that she obtains title to the property under the Urban Homestead program. Letters were sent to all other adjacent property owners, offering the property and giving them ample time to express interest in obtaining 89 Dodge Street under the Urban Homestead program. To this date, we have not received any response. We, therefore, recommend that the city-owned vacant lot be designated as a Homestead Property and be transferred to Ms. Beatrice Nix on the condition that the property is cleared and improved within (6) months and is maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 55 Transfer of Title, Urban Homestead Program 49 St. Paul Street (Lot Size-48' x 87') The Department of Neighborhoods, Housing & Inspections has surveyed the city-owned lot at 49 St. Paul Street, the parcel is 48' x 87' in dimension; and it has been determined that this parcel of land is inappropriate for either construction of a new housing or the construction of public recreation facilities. Ms. Bonita Whitlock, residing at 47 St. Paul Street indicated that she will clean, improve and maintain the lot in the event that she obtains title to the property under the Urban Homestead program. Letters were sent to all other adjacent property owners, offering the property and giving them ample time to express interest in obtaining 49 St. Paul Street under the Urban Homestead program. To this date, we have not received any response. We, therefore, recommend that the city-owned vacant lot be designated as a Homestead Property and be transferred to Ms. Bonita Whitlock on the condition that the property is cleared and improved within (6) months and is maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE COMMISSIONER OF STREETS No. 56 Garbage and Recycling Enterprise Fund Equipment Direct haul as a way of saving the taxpayers of Buffalo money is an approach the department, Common Council, and the Union have studied and support. As in any new program, I feel it must be eased into so we can make sure any bugs in the process can be cleared up. The Pilot Program, that took place over the summer months, consisted of two 32 yard packers being sent to Modern Landfill for eighteen days. The total amount of weight sent to Modern was 442 tons at a savings of $6537.18. (See Attached). REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 57 Enterprise Fund-Solid Waste & Recycling Budget Attached you will find the detail of the Solid Waste and Recycling Enterprise Fund budget adopted by Your Honorable Body for the second through fourth quarters of the 1996-1997 fiscal year. REFERRED TO THE COMMITTEE ON FINANCE. No. 58 Ongoing Review of City Budget Item No. 186, C.C.P., 10/15/96 I would like to respond to this item both for myself and for the Mayor. I have attached a copy of the document prepared last week as a response to the County Executive's proposal. Your Honorable Body will also recall that a large majority of the consolidation items proposed by Mr. Gorski were immediately recommended for action by their inclusion in the Mayor's May 1st, 1996 budget. We have and continue to be strong proponents of consolidation, and are supportive of a process that would bring all involved parties to the table without predefined notions of what is or isn't possible. With respect to specific appointees, we would like to discuss that matter further internally and with your Honorable Body before addressing that issue. I trust this answers your question. REFERRED TO THE COMMITTEE ON BUDGET. No. 59 Environmental Bond Act Item No. 183, C.C.P., 10/15/96 This administration will have a list of Projects ready in time for negotiation/implementation in the event the Bond Act passes. Jim Smith, Director of the office of the Environment, is in the process of compiling it; any input from Council is welcome. I trust this answers your question. RECEIVED AND FILED. No. 60 Bflo. Conv. Ctr. - Waive Fees Various Events Item No. 88, C.C.P., 10/15/96 As a matter of policy, I do not recommend waiving any fees; in fact, only your Honorable Body has the ability to do so. I trust this answers your question. REFERRED TO THE COMMITTEE ON FINANCE. No. 61 Garbage Recycling Enterprise Fund Equipment Item No. 232, C.C.P., 9/17/96 The following is the information that you requested; I would be happy to discuss any of it further should your Honorable Body so desire. (a) Number and types of equipment to be purchased to maximize program savings At present, my understanding is that the Commissioner of Streets Sanitation feels we should purchase at least 5 additional 32 yard packer trucks. This analysis assumes that purchase; to the extent that we could utilize the larger size trucks (45 ton) the net savings should be greater. (b) annualized cost to the Enterprise Fund for this purchase Each truck costs $115,000; five trucks would cost $575,000. We are recommending that the City lease-purchase these trucks, as this would make them available more quickly. Assuming an interest rate of 10% and a term of 5 years on the lease purchase (which is conservative), the annual cost for the trucks would be approximately $126,500. (c) Potential savings to the Enterprise Fund from the implementation of the Direct Haul program with appropriate equipment The GROSS savings on disposal costs would be approximately $288,405/year. This is calculated as follows: 5 trucks x 15 tons/truck x 5 days/wk x 52 weeks/yr x $14.79/ton = $288,405 The Net savings are calculated below. (d) All other related overhead costs, eg gas, tolls, maintenance per year The estimated total costs per year for the program are $75,925. This is calculated as follows: Overtime costs: $33,000 all-in cost for truck driver/2016 hours per year=$16/hour straight time or $24/hour overtime. At 5 hours OT each week x 5 trucks x 52 weeks=$31,200 Gas: City cost per gallon = .7899; assuming 100 miles round trip, total cost=$31,000 Tolls: Assuming $1.50 toll per trip, total cost = $1,950 Maintenance: Tires ($580) + Oil Chg ($450) + routine mtce ($600) = $1,630 per yr per truck x 5 = $8,150 Labor for five trucks = $3,625 Total Maintenance Cost for five trucks per year = $11,775 Total Overhead costs = $75,925 Total costs of program = $202,425 Total NET savings from program = $85,950 (e) Procedures for capital budget amendment with the Enterprise Fund The procedures are the same as for the general fund capital budget; however, we are NOT recommending a capital budget amendment at this time, rather a lease-purchase; as stated above, we feel that the lease-purchase option will result in the trucks (and the program) being implemented far more quickly. I trust this answers your question. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 62 Adopt A Lot Program Item No. 166, C.C.P., 10/15/96 I have read your resolution with interest and would offer the following comments: Your Honorable Body made the policy decision last spring to include vacant lots, whether city-owned or not, in the user fee. My understanding is that the reasoning behind this was that the lots generate a large volume of garbage and trash and that the City has and will expend a considerable amount of effort to collect it. The fee is currently based on that policy, and charges the owners of vacant lots (including the City) $136 per lot, unless the lot can be combined with another property that is contiguous to it. Any change in the basis for the fee at this point--eg to exempt any category of user that is currently included--would jeopardize the legality of the entire fee. I would defer to Corporation Counsel in so far as the legal issues this raises, but would remind that revenue from the fee is budgeted at $12 million in the current year and $16 million on an annual basis. This being said, I would not at all discourage volunteer, adopting-type efforts outside of the user fee issue; I agree with the resolution that they do provide positive activity for members of a community and certainly improve the appearance of an area. Last, with respect to the income tax deductibility of this activity for a business, I would recommend that you ask the IRS or State Tax department. I trust this answers your question. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 63 City Union Hiring Practices/Recruitment Item No. 169, C.C.P., 10/15/96 I am not quite sure of the Council's intention in referring this item to me, but would assure your Honorable Body that this Administration has and will continue to do everything possible to promote diversity -- and city residency -- in any hiring and recruitment decisions we can influence. Of course, the terms of existing civil service and collective bargaining agreements must be taken into account in many situations. Nonetheless, we are in full agreement and will continue to do as much as possible in this regard. Should any further information or discussion be required, I am available. I trust this answers your question. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 64 Certificate of Appointment Appointment Effective October 23, 1996 in the Department of Administration and Finance, Division of Administrative Adjudication, to the Position of Laborer II, Permanent, at the Intermediate Starting Salary of $11.17 per hr. Susan C. LoVallo, 12 Wellington Road, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION No. 65 Tree Emergency Work The following tree work was done under emergency conditions due to weather related circumstances in the, month of September 1996: Ludington & Benzinger-9/8/96 Sunday, storm damaged tree off of house $250.00 38 Gatchell - remove dead, hazardous elm tree $1,000.00 32 Gatchell - remove existing stump $200.00 33 Eastwood - remove storm toppled 32" maple tree off a privately owned truck 9/22/96 Sunday $750.00 70 Burlington - remove large section of maple tree (9/22/96 storm) $250.00 393 Madison - remove storm damaged tree off house (9/22/96 storm) $250.00 86 Rogers - remove tree $500.00 88 York - remove two (2) trees $1,000.00 310 Davey - trim tree from house, $150.00 237 Lafayette - remove tree $500.00 210 Strauss - remove tree $750.00 153 Imson - remove tree $950.00 Contractor's called by Parks Dept. for emergency work: Davey Tree Service - demanded payment up front. Schneck Tree Removal - initially could not be reached but did bid high on some of the late work. May's Tree Service responded immediately to the Sunday storm calls. I hereby certify, that this is an accurate account of the work and the costs. RECEIVED AND FILED. FROM THE BUFFALO SEWER AUTHORITY No. 66 Reply to Audit - Div. of Water Item No. 9, C.C.P., 10/15/96 The Buffalo Sewer Authority received your request to review and comment on the Audit Report for the Division of Water (Item #9, C.C.P., October 15, 1996) on October 21, 1996. In order to carefully review this report and its' recommendation for consolidation, we will require some additional time. The Buffalo Sewer Authority will prepare a response to this item that will be submitted by November 21, 1996. RECEIVED AND FILED. FROM THE CITY CLERK No. 67 Mayor Reported Out of State I transmit herewith a communication received by me from the Mayor, reporting his absence from the state from Sunday, October 20, 1996 at 5:30 p.m. until Monday, October 21, 1996 at 9:00 p.m. RECEIVED AND FILED. No. 68 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 1795 Hertel Colonie Lounge Inc. Patrick J. Kelleher Buffalo, NY RECEIVED AND FILED. No. 69 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: Police - Thomas McNaughton, Tracy Dean, Andre Scott Fire - Reginald Martin Street Sanitation - Charles Loubert RECEIVED AND FILED. No. 70 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: City Planning Board RECEIVED AND FILED. No. 71 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 October 17, 1996 in the Department of City Clerk to the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00 per hr. Alice Radka, 215 Wood Ave., Buffalo, NY 14211 Appointment Effective October 23, 1996 in the Department of City Clerk to the Position of Intern V, Seasonal, at the Flat Starting Salary of $8.00 per hr. Tom Carier, 350 Downing St., Buffalo, NY 14220 No. 72 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. 30, 1996 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Program, to the Position Intern III, Seasonal, at the Flat Starting Salary of $5. 00 per hr. Marian L. Gaines, 217 Dartmouth, Buffalo, NY 14215 Appointment Effective Oct 15, 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. Lanette D. Boulware, 132 Harvard Pl., Buffalo, N.Y. 14209 No. 73 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 PUBLIC WORKS Appointment Effective October 23, 1996 in the Department of Public Works, Division of Buildings, to the Position of Senior First Class Stationary Engineer, Temporary, at the Flat Starting Salary of $7.33 per hr. Richard J. Isch, 288 Marilla Street, Buffalo 14220 Earl J. Mekelburg, 1186 Seneca Street, Buffalo 14210 Edward D. Standish III, 14 Portland Street, Buffalo 14220 Appointment Effective October 23, 1996 in the Department of Public Works, Division of Buildings, to the Position of Second Class Stationary Engineer, Temporary, at the Flat Starting Salary of $5.63 per hr. Cornelius L. O'Keeffe, 93 Edgewood Avenue, Buffalo 14220 Michael G. Coniglio, 138 Folger Avenue, Buffalo 14220 DEPARTMENT OF STREET SANITATION Appointment Effective October 14, 1996 in the Department of Street Sanitation to the position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 per hr. Michael R. LaFrano, 10 Sherwood Street, Buffalo, New York 14213 Alan R. Anderson, 585 Niagara Street, Buffalo, New York 14201 Rubin Batista, 997 West Avenue, Buffalo, New York 14213 Appointment Effective October 18, 1996 in the Department of Street Sanitation to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 per hr. Melvin Jemison, 60 York Street, Buffalo, New York 14213 Appointment Effective October 21, 1996 in the Department of Street Sanitation to the position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 per hr. Derek J. Koonce, 59 Kilhoffer Street, Buffalo, New York 14211 DEPARTMENT OF ADMINISTRATION & FINANCE Appointment Effective October 15, 1996 in the Department of Administration and Finance, Division of Parking Enforcement, to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22 per hr. Joseph A. Provenzano, Jr.. 335 Potomac Avenue, Buffalo 14213 DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION Appointment Effective October 15, 1996 in the Department of Human Services, Division of Recreation to the Position of Refrigeration Plant Engineer, Seasonal, at the Flat Starting Salary of $6.91 per hr. Joseph Trillizio, 108 Laird, Buffalo 14207 Appointment Effective October 18, 1996 in the Department of Human Services, Division of Recreation, to the Position of Refrigeration Plant Engineer, Seasonal, at the Flat Starting Salary of $6.91 per hr. Raymond Boyer, 435 East, Buffalo 14207 Vincent Miranda, 130 Ridgewood, Buffalo 14220 Appointment Effective October 21, 1996 in the Department of Human Services, Division Of Recreation, to the Position Of Fee Collector, Seasonal, at the Flat Starting Salary of $4.94 per hr. Salvatore Cicatello, 90 Eckhert, Buffalo 14207 Appointment Effective October 21, 1996 in the Department Of Human Services, Division of Recreation, to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 per hr. Alvin Thomas, 22 Mapleridge, Buffalo 14215 Appointment Effective October 21, 1996 in the Department of Human Services, Division of Parks, to the Position of Laborer II, at the Starting Salary of $6.92 per hr. Gaetano Agro, 540 Tacoma, Buffalo 14216 Jeffrey Dziedzic, 16 Glenn Street, Buffalo 14206 No. 74 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF ASSESSMENT Appointment Effective October 11, 1996 in the Department of Assessment to the Position of Jr. Data Control Clerk, Provisional, at the Minimum $20,639. Latifa A. Mack, 29 Goulding Ave., Buffalo, NY 14208 Appointment Effective October 21, 1996 in the Department of Assessment to the Position of Assessment Clerk, Provisional, at the Minimum Salary of $21,126. Daniel P. Lombardo, 116 Bidwell Pkwy. #8, Buffalo, NY 14222 DEPARTMENT OF PUBLIC WORKS Appointment Effective November 4, 1996 in the Department of Public Works, Division of Water, to the Position of Account Clerk-Typist, Permanent, at the Minimum Starting Salary of $21,126. Deborah J. Kader, 61 Remington Place, Buffalo, New York 14210 DEPARTMENT OF POLICE Appointment Effective October 14, 1996 in the Department of Police to the Position of Police Captain, Contingent Permanent, at the Flat Starting Salary of $57,021. Michael S. Leggio, 93 Hubbardston Place, Amherst, N.Y. 14228 John Pace, 93 Aspinwood Place, Town of Tonawanda, N.Y. 14223 Appointment Effective October 14, 1996 in the Department of Police to the Position of Police Lieutenant, Permanent, at the Flat Starting Salary of $49,769. John P. King, 194 Danbury Drive, Cheektowaga, New York 14225 Richard P. Doyle, 73 Kenefick Street, Buffalo, New York 14220 Appointment Effective October 16, 1996 in the Department of Police to the Position of Data Processing Equipment Operator, Permanent, at the Minimum Starting Salary of $23,179. Tracy A. Dean, 85 Keystone Street, Buffalo, New York 14211 Appointment Effective October 15, 1996 in the Department of Police to the Position of Public Safety Dispatcher, Provisional, at the Minimum Starting Salary of $24,414. Robert J. Marth, 73 Crystal Avenue, Buffalo, New York 14220 DEPARTMENT OF STREET SANITATION Appointment effective October 21, 1996, in the Department of Street Sanitation to the position of Exterminator, Provisional, at the Minimum Starting Salary of $22,934. Thomas C. Hudak, 432 West Ferry Street, Buffalo, N.Y. 14213 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 75 F. BAKER Canadiana Funding We have been working very hard since the Common Council reinstated city sponsorship for the Canadiana ISTEA funding. We are very close to finalizing the matching fund requirement. Within the next three to six weeks, we will put forth the $118,000.00 along with meeting two additional requirements' of the City of Buffalo; a $20,000.00 a year maintenance bond and hull insurance. A problem has now developed. We received a copy of a letter from the Regional Commissioner of the NYS D.O.T., Mr. Robert J. Russell, to the Mayor of Buffalo, Anthony M. Masiello. This letter says the state is reversing itself and is will cancel our award because the Canadiana is not qualified for the National Historic Register. Inclusion in the Historic Register was not a requirement for ISTEA funding. Inclusion would in fact, runs contrary to fulfilling the very purposes of ISTEA. In our case, inclusion would prevent the modifications necessary to meet present day requirements necessary for an operating ship. It would not allow us to proceed with accomplishing what is necessary to bring about all the quality of life improvements ISTEA is looking for. This letter presents us with an insurmountable 'catch 22". We are vigorously opposing such an action and have written Mr. Russell expressing our thoughts. It is unbelievable that the State D.O.T. is attempting to change the rules, two years after their own "autonomous' review board, reached its findings. We have included a copy of this letter along with our response to Mr. Russell. In addition; while we know you are well aware of the many pluses, we are including other information on what the Canadiana can accomplish when it sails again from the Buffalo Harbor. How easily the job can be done, what it will mean to every family in Western New York, and some idea of the tremendous economic impact it will have on Buffalo's downtown area and the rest of W.N.Y. We are happy to answer any questions. We ask that you again assist our project, as a body, by urging the D.O.T. to not prevent this tremendous opportunity from happening in, and for, the City of Buffalo. What will happen if the funding were to be removed, from the first choice Canadiana? It will still be spent, but spent down-state on some very lesser projects. Ones that have already been adjudged to be below the 32nd ranking of choice in benefit and worth, by the ISTEA review board. No doubt these other projects have some value but the D.O.T. will be, more or less, be throwing away money that rightfully belongs here in Buffalo and Western New York. Not to mention, if we lose this funding, the Canadiana and the wonderful future it holds for everyone, will be lost forever. This would be an immense tragedy. I would also ask that each of you, as individuals, make any effort possible to set this matter right. Contact Mr. Russell here in Buffalo, or Commissioner Daly in Albany. Please try and find whatever can be done such as giving the Canadiana exclusion in any area that now appears to be a problem. Our Engineers know the restoration can be accomplished very easily; they have done so with similar ships in the past. The returns from such historic ship restorations are well known. They come in many forms and are very much in excess of all the wonderful criteria looked for by ISTEA. It would be lunacy to not bring back the Canadiana. Thank you for your help in this matter. REFERRED TO THE COMMITTEE ON FINANCE THE COMMISSIONER OF PUBLIC WORKS , CORPORATION COUNSEL AND NYS DEPT. OF TRANSPORTATION. No. 76 JUDGE JOHN CURTIN Decision & Order-Geo. Arthur, et al vs E. Nyquist, et al Attached hereto is the decision and order of Judge Curtin filed in the United States District Court regarding the above matter. REFERRED TO THE COMMITTEE ON EDUCATION. No. 77 J. & A. DARBY Request to Homestead Property 191 Reed St. My wife and I would like to homestead the property at 191 Reed Street which is located next to our home at 193 Reed Street. We plan to have it fenced in and keep the lot maintained. We have resided at 193 Reed Street for over 25 years and want to continue to keep our neighborhood nice. Councilmember any assistance you can provide in helping us to obtain this property will be greatly appreciated. If you have need for any additional information, please do not hesitate to contact me or my wife at 893-3963. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION COUNSEL. No. 78 ERIE COUNTY LEGISLATURE Problems - Bakery Salvage Corp. Attached is a resolution adopted by the County Legislature regarding problems with the operation of the Bakery Salvage Corporation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 79 ERIE COUNTY LEGISLATURE City/County Service Consolidation We are in receipt of the Common Council resolution concerning the "Ongoing review of the City Budget" and asking for comment on the feasibility of implementing "suggestions" contained in County Executive Gorski's "Comprehensive Plan for City Assistance and Fiscal Reform." Additionally, the resolution asks that the County Legislature Chairman submit three names for a City/County forum to manage the ongoing process of consolidation. We are not opposed to further study within the committee structure proposed in your Legislative resolution, however, we believe it is most important at this point to focus on the issues of developing consensus on specific consolidations and devising an implementation strategy to accomplish the same. Furthermore, a consistent message from your Honorable Body and the Mayor's office concerning a consensus on what service consolidations and other collaborative arrangements are acceptable to you would serve to avoid wasting considerable administrative and legislative resources, both County and City. The County Executive's consolidation plan need not be the exclusive basis for future discussions, however, it should serve as the primary source as it is comprehensive and wide-ranging. Other options should certainly be considered as well, including amended versions of some of the proposals outline the County Executive's report. In this manner and by reaching consensus we could then work to establish a joint city/county committee for the purposes of implementing the agreed to consolidation options. We pledge to work with County Executive Gorski's office to accomplish the same. Conversely, a new review process without clearly identifiable goals and an agreed to process for implementation of those goals will only serve to further engender the kind of County/City discord that has been played out in the Buffalo News over the past several days. This situation serves only to undermine the process of municipal cooperation and service consolidation. For the record, the Erie County Legislature has been and is now committed to a policy of working cooperatively to assist the City of Buffalo with its budgetary challenges. We are committed to the furtherance of this policy through service consolidations and other governmental collaborations. In fact, the 1996 County budget alone includes $5.7 million for said purposes, including: 1. Bennett Beach - the County budgeted $100,000 in 1996. By authorizing this expenditure in the 1996 County budget, we are fully committed to accepting the responsibility for operating and maintaining Bennett Beach for the use and enjoyment of the general public. While we can appreciate the city's concerns about giving up title to the beach property, our position is that upon a deed transfer to Erie County, we will operate the beach exclusively and in perpetuity as a public recreational area. However, should the County failed to operate Bennett Beach as anything other than a public recreational area, deed for said property should revert promptly back to the City of Buffalo. The language concerning the city's reversionary rights should be clear and unambiguous. Simply put, we view Bennett Beach exclusively as public asset and are confident that we can operate and maintain it to the public's benefit and the City's satisfaction. The County takeover of Grover Cleveland Golf Course and South Park Botanical Gardens provides two good examples of public assets that have been considerably improved under County government and to the enjoyment and benefit of the general public. We are confident that under County government, similar results will occur with Bennett Beach. 2. The Buffalo Convention Center - the County supplemented the Convention Center's operating expenses in 1995 totaling $500,000 and in 1996 has budgeted $1 million for a full assumption of the Convention Center operations and maintenance. 3. Crime Prevention - the 1996 County budget includes $250,000 for City of Buffalo crime prevention programs. These moneys have been budgeted in the current fiscal year to provide, among other services, Sheriff's mounted patrols along the Riverwalk and funding for four (4) Sheriff's narcotics officers to assist the Buffalo Police Department. 4. Snow removal assistance - the 1996 County budget includes $150,000 for snow removal services in the City of Buffalo. Furthermore, since 1994 County assistance for snow removal purposes for the City of Buffalo totals $450,000. Additionally, County government provides a variety of human and other public services to city residents representing tens of millions of dollars in annual County budgetary expenditures (see the attached appendix). These service areas include, among other things, fully funding the operations of 15 branch libraries; funding more than 70 community agencies; providing comprehensive mental health services and subsidizing city public transit services. Finally, the Erie County Legislature is committed to working constructively with your Honorable Body, Mayor Masiello and County Executive Gorski to provide additional assistance to the City of Buffalo in future county budgets, including the upcoming 1997 year. A County takeover of certain city-owned cultural facilities, as well as several other service consolidation and collaborative arrangements that would serve to provide assistance to the City of Buffalo and improve the overall quality of regional service delivery is currently being reviewed by our staff. In the meantime, we need to better coordinate our efforts, develop consensus on specific proposals and work cooperatively toward implementation. Should you have any questions and/or need additional information concerning the aforementioned, please feel free to contact us. REFERRED TO THE COMMITTEE ON GOVERNMENTAL RELATIONS. No. 80 S. HARTS Signal - Franklin & Mohawk On behalf of my firm and as a major tenant in the 120 Delaware Building (Elanger Place), I would like to bring to your attention the dangerous situation that exists at the intersection of Franklin and Mohawk Streets. Many of our employees park in the Convention Center ramp and cross at that intersection on a daily basis and most of the day the traffic signal is in the flashing yellow mode. I have witnessed myself many instances of near accidents taking place, or pedestrians having a close call due to what we feel are the following circumstances: Since it is a flashing yellow signal, many motorists are breezing through as if a light doesn't even exist. Vehicles Parked on Franklin Street obstruct the view of motorists pulling on to Franklin from Mohawk or from the street opposite the Buffalo Convention Center, thus creating near collisions. Being only a flashing signal on such a busy street, many pedestrians probably feel the signal is a green, yellow, red, and are not thinking and not proceeding with caution. There have been times that near rear-end collisions have happened, since some motorists think the light is a green, yellow, red, thus stopping and then other motorists nearly rear ending them. I am asking for your consideration that the signal be turned on to become a green, yellow, red light to make motorists come to a complete stop, to hopefully reduce the possibility of someone getting hurt. There are not a lot of flashing yellow lights in the downtown area and I feel this one should be considered to be eliminated. In between the YMCA and the convention center is a main cut through from Main Street for pedestrian traffic, therefore gets heavy use. Please feel free to contact me if you require further input or additional information. Thank you for your consideration. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS. No. 81 NYS OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION Marine Dr. Apartments Parking Lot Reconstruction 96PRO957 Thank you for your letter concerning the Marine Drive Apartments parking lot project. I apologize for the delay in our response, but it was necessary for the State Historic Preservation Office (SHPO) to gather additional information about this project before we could adequately evaluate your proposal. To begin with, please understand that the SHPO is deeply disturbed by the sequence of events that took place this summer. It appears that the Western New York Heritage Institute (WNYHI) presented their proposal to conduct archeological work on the parking lot site as a legal requirement in order to obtain a contract from the project sponsors. If the parking lot project falls within the scope of applicable historic preservation or archeology laws, then the project sponsor is responsible for direct consultation with the SHPO. No contract or excavation can erase this responsibility. If the parking lot project is not governed by these laws, which appears to be the case, then presenting a contract to the sponsor as a legal requirement of the SHPO is a falsehood. In either instance it is our opinion that your actions were inappropriate. We cannot evaluate the archeological work that the WNYHI conducted at the parking lot site because the SHPO was never provided a research design for the excavations and has not received a report on the outcome of the work. Our policy is that archeological sites that are not threatened with impact should be preserved in place and we question whether the excavations should have proceeded to the depths that you took them given that the parking lot reconstruction would only disturb the upper most layers. However, we were never given the opportunity to review the reconstruction plans for the parking lot. These plans should have been provided for SHPO review and archeological investigations should have been limited only to those areas that would be disturbed by construction. Given these concerns and the fact that the SHPO has been provided only limited and sketchy information about the parking lot project, the research design for continued excavations, the long-term future of any artifacts recovered, and the position of the City of Buffalo, we cannot at this time support your proposal to conduct additional archeological investigations at this site. If the site is truly threatened with destruction the SHPO is sincerely interested in working with your organization, the City of Buffalo, and the project sponsor to mitigate this threat. However, such an effort must be conducted through the appropriate city and state offices, and not worked out as an ad hoc or contractual agreement without official sanction. I want to assure you that the SHPO supports your organization's advocacy for the protection of archeological sites. In this our goals are the same. In the future I hope that we can work more closely together and adhere to the appropriate formal process that exists for addressing projects that have the potential to impact sites. If you would like to discuss any of these issues or if there is any other assistance that we can provide please do not hesitate to contact Robert D. Kuhn at (518) 237-8643 ext. 255. REFERRED TO THE TASK FORCE ON STADIUM/AUDITORIUM, CORPORATION COUNSEL AND BUFFALO MUNICIPAL HOUSING AUTHORITY. No. 82 NFTA Temporary Station - Metro Rail Marine Midland Arena I understand that the Common Council will be considering a change order request today which would allow the City's contractor to construct a temporary station for Metro Rail to be used only for events at the Marine Midland Arena. The NFTA would design the station to insure compatibility with Metro's operating requirements, and Metro would maintain and operate the station. You have inquired about the prospects for securing federal and/or state funding to reimburse the city for its investment in this station. To date, the NFTA has not submitted a formal application for event station construction. The primary reason for this is the tight time frame under which we are operating and the lengthy and complicated grant procedures required to obtain Federal Transit Administration funding. For example, a formal grant application would require an amendment to the region's transportation improvement program through the Niagara Frontier Transportation Committee, a process which would take at least two months, followed by a federal grant review process at least that long. It is our intent to include a request for event station construction funding in our application for the permanent transit station which is to be, constructed on the waterfront in keeping with the waterfront planning process now being coordinated by Development Downtown, Inc. Because an NFTA application would have to go through the process outlined above, I do not expect a formal submittal and review until some time in 1997. Nevertheless, we recognize the City's desire to explore all possible avenues for reimbursement, and, although NFTA approval cannot be considered a certainty, we will certainly work in good faith with you to get this accomplished. I hope this clarifies the current situation with respect to project funding. Please let me know if you need anything further. RECEIVED AND FILED. No. 83 T. ROGERS Oppose Expansion of 21-65 Leland Drive Reflecting on demolition of houses to the north of my property and across the street on the south side of Leland. My family experienced nothing but pain and suffering. The lead man in charge of heavy duty equipment for house razing had a time table for demolition of houses on Leland Drive. (1) Safety was a minimum thought in his mind when crossing with heavy equipment from North to South Leland. (2) No regard for nuisance laws ex. shined his high beam lights about 6:30 a.m. in our windows and started knocking down the house to the right of my house at 30 Leland Drive. (3) Put some faith in this man for tearing up my fence. "Said he be back to me on it." (sic) If this same service continues at this expansion of 21-65 Leland Drive, then by proxy, since we can't attend 10/22/96 meeting at 2:00 p.m., consider us as not supporting your expansion. RECEIVED AND FILED. No. 84 U.S. DEPT. OF INTERIOR Maximize Unused RR Land Our comments were requested on Resolution #187. The Resolution is very timely and important. In identifying the unused railroad lines as resource opportunities, the Resolution (if passed) would start the important process to organize inventory, planning, and use allocation for the near and long-term benefit of the city. This is important to the ecological health of the community. We appreciate the opportunity to comment on the Resolution. Thank you. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 85 J.& B. WASHINGTON Request to Homestead Property Adjacent to 273 Sycamore I am writing this letter requesting your assistance in secure the necessary paperwork to homestead a small piece of property (approximately 25 sq feet) which is owned by the city of Buffalo, and adjacent to my home located at 273 Sycamore. This small parcel of land is not large enough to build a home, and since moving to the Sycamore address, I have been maintaining the property, keeping the grass cut and removing any or all debris. The property is listed as part of what once was 275 Sycamore. I would like to secure this property (homestead) as soon as possible, your assistance in this matter would be deeply appreciated. Please direct any calls or paperwork to Mrs. Willie Lott, 387 Pratt Street, Buffalo, New York 14204 (849-0880). Thank you. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION COUNSEL. No. 86 S. ZAMBITO430 Delaware Avenue Under cover of this letter, I am requesting that the first half of the city taxes, water and sewer bills for 430 Delaware Avenue be cleared by the City of Buffalo as this was an in rem property foreclosed upon for back taxes and the title was not transferred to myself until January 5, 1996; the bills in question are from July 1, 1995 to December 31, 1995. Attached to this letter, please find my letter to the Buffalo Common Council dated June 20, 1996. This original claim for waiver of the inspection fee for the Certificate of Occupancy for the building was sent to the Finance Committee, but for some reason I was denied my right to speak on this issue and the matter was filed. Please take my claim seriously this time and please allow me to speak. Thank you for your time and consideration. REFERRED TO THE COMMITTEE ON FINANCE. PETITIONS No. 87 Thomas J. Corey, owner, (Deaf Adult Services) Petition to Use 491 Delaware for a Pole Sign REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 88 Benderson Dev., owner Petition to Use 2656 Delaware for a Pole Sign REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 89 T. Christian and others Petition-Oppose Alteration of EMS System in City of Buffalo REFERRED TO THE COMMITTEE ON LEGISLATION. No. 90 M. Polakov & 0 Oppose the loss of TCI Cable Ch. 26 - C-Span 2 REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS. REGULAR COMMITTEES CIVIL SERVICE HON. DAVID CZAJKA CHAIRMAN No. 91 Appointment Duplicating Machine Operator That Communication 74, October 15, 1996 be received and filed and the Permanent appointment of Arthur Pepe Jr. and John S. Kijania stated above at the Maximum salary $26,920.00 effective on September 30, 1996 is hereby approved. Mr. Czajka moved that the above item be recommitted to the Committee on Civil Service. ADOPTED. No. 92 Appointment Duplicating Machine Operator That Communication 75 October 15, 1996 be received and filed and the Permanent appointment of Ann M. Galante stated above at the Maximum salary $26,920.00 effective on September 30, 1996 is hereby approved. Mr. Czajka moved that the above item be recommitted to the Committee on Civil Service. ADOPTED. No. 93 Appointment Police Officer That Communication 85 be received and filed and the Permanent appointment of Darren P. Labedz, James P. Dunham and Paul C. Zipp stated above at the Minimum salary $31,792.00 effective on September 30, 1996 is hereby approved. PASSED AYES - 13 NOES - 0 No. 94 Salary Ordinance Amendment Enterprise Fund - Solid Waste & Recycling 70 - Department of Street Sanitation 1 - Solid Waste Item No. 174, C.C.P., 10/15/96 That the Salary Ordinance Amendment as contained in Item No. 174, C.C.P., October 15, 1996, be and the same hereby is approved. PASSED AYES - 13 NOES - 0 FINANCE HON. DAVID FRANCZYK CHAIRMAN No. 95 CDBG Funds/W.S. Comm.Ctr.Lease (Mayor) Item No. 1, C.C.P., 6/25/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 96 Lease WS Comm.-161 Vermont (#6,3/5-#100,6/11) Item No. 140, C.C.P., 6/25/96 That the above mentioned item be and the same is hereby received and filed. Mr. Franczyk now moved that the above item be recommitted to the Committee on Finance. ADOPTED. No. 97 Bids - Parking Lot Item No. 9, C.C.P., 9/17/96 That the Director of Parking be, and he hereby is, authorized to award a five (5) year lease for Parcel 29/Thruway No. 5 in the amount of $99,800 plus the five (5) year amortization of $85,500 in improvements to Parcel 29, to Imperial Parking Inc. for three (3) year leases for Parcel #5/Skyway Thruway Loop in the amount of $142,700 and for the Thruway Lot No. 4 in the amount of $35,500, to AlIright Parking Bflo. Inc. for a three (3) year lease for 155 Washington in the amount of $56,600. Mr. Franczyk moved: That the above item be and the same is hereby received and filed. ADOPTED. No. 98 Result of Negotiations - 1149 Jefferson Avenue Item No. 18, C.C.P., 9/3/96 That the offer of Mr. Raynard Harper of Harper's Auto Service, Inc., 1 147 Jefferson Avenue, in the sum of $900.00 (Nine Hundred Dollars) to purchase the property described as 1 149 Jefferson Avenue, be and hereby are 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. 99 Foreclosure Changes (Asmt) Item No. 21, C.C.P., 9/17/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED No. 100 Request Preparation of Lease for Hewitt-Robbins Property Item No. 222, C.C.P., 9/17/96 That this Common Council requests the Corporation Counsel to draft a 2 year lease with Metzinger Construction for the Hewitt-Robbins property; and That this lease include a 90-day termination clause whereupon the city can evict Metzinger Construction with 90 days notice if the City, the Council, or the community is unsatisfied with Metzinger's performance; and That among the issues to be addressed in the lease are truck traffic, types of materials to be recycled working hours, landscaping, employment at the facility, dust suppression, snow removal, and conditions for renewal; and That a public hearing be held in the community to discuss the lease prior to the Council's vote to approve such lease. ADOPTED. AYES - BROWN, CZAJKA, FRANCZYK, HELFER, KAVANAUGH, LOCKWOOD, QUINTANA, WILLIAMS, ZUCHLEWSKI - 9 NOES - COPPOLA, GRAY, LOTEMPIO, PITTS - 4 No. 101 Results of Negotiations - Purchase Conrail Properties Item No. 11, C.C.P., 10/15/96 That the Comptroller's Office, Division of Real Estate be, and they hereby are authorized to acquire from Consolidated Rail Corporation in the amount of $12,000 per acre or $300,000 for the 25 acre parcel between E. Delavan and E. Amherst Street and $190,000 for the 15 acre parcel between E. Amherst and Main Street for a combined total of $490,000; and That the Corporation Counsel shall prepare the necessary documents for the acquisition of title and that the Comptroller be authorized to execute the same. PASSED AYES - 13 NOES - 0 No. 102 Results of Negotiations - 853 East Ferry Item No. 12, C.C.P., 10/15/96 That the offer of Mr. Quentin Littleton, residing at 851 E. Ferry Street, in the sum of $300.00 (Three Hundred Dollars) to purchase the property described as 853 East Ferry Street, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser; and That the purchaser obtain the proper permits for drainage of the property. PASSED AYES - 13 NOES - 0 No. 103 Result of Negotiations - 356, 358, 360 & 368 E. North Street Item No. 13, C.C.P., 10/15/96 That the offer of Faith Apostolic Church of Christ, Inc., 341 E. North Street, in the sum of $2,200.00 (Two Thousand and Two Hundred Dollars) to purchase the properties described as 356, 358, 360 & 368 E. North Street, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser. PASSED AYES - 13 NOES - 0 No. 104 Result of Negotiations - 247 Grape Street Item No. 14, C.C.P., 10/15/96 That the offer of Faith Apostolic Church of Christ, Inc., 341 E. North Street, in the sum of $500.00 (Five Hundred Dollars) to purchase the property described as 247 Grape Street, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax recording fees and cost of legal description will be paid by the purchaser. PASSED AYES - 13 NOES - 0 No. 105 Waive Permit Fees for the Allendale Theatre Renovation Item No. 245, C.C.P., 9/17/96 Item No. 120, C.C.P., 10/1/96 That this Common Council hereby waives all permit fees that remain for the Allendale Theatre that is currently being renovated through a cooperative arrangement between the city and the Theatre of Youth (TOY) Co. Mr. Franczyk now moved that the above item be recommitted to the Committee on Finance. ADOPTED. No. 106 Info-Checks Rec.-Police Dept. (Compt) Item No. 6, C.C.P., 10/15/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 107 Renew Lease - Fleming Company, Inc. Item No. 15, C.C.P., 10/15/96 That the Comptroller be, and hereby is authorized to renew the lease between the City of Buffalo and S.M. Flickinger, Inc. for the lease of 416 Kenmore Avenue, for a one (1) year period, to commence on October 1, 1996 and expire on September 30, 1997, the annual rental to be charged is $40.00 (Forty Dollars); and that the Corporation Counsel be authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. PASSED AYES - 13 NOES - 0 No. 108 Acquire Permanent Easement - Hamburg Street Item No. 17, C.C.P., 10/15/96 That the offer from the New York State Department of Transportation, in the sum of $1,675.00 (One Thousand Six Hundred and Seventy-five Dollars) to acquire the property described as Hamburg Street (#1 Map 1) for a permanent easement, be and hereby is accepted; and That the Corporation Counsel shall review the Offer and Agreement for the acquisition and that the Mayor be authorized to execute the same. PASSED AYES - 13 NOES - 0 No. 109 Acquire Temporary Easement - Hamburg Street Item No. 18, C.C.P., 10/15/96 That the offer from the New York State Department of Transportation, in the sum of $300.00 (Three Hundred Dollars) to acquire the properties described as Hamburg Street (#4 Map 3, #5 Map 3 and #10 Map 6) for a temporary easement, be and hereby is accepted; and That the Corporation Counsel shall review the Offer and Agreement for the acquisition and that the Mayor be authorized to execute the same. PASSED AYES - 13 NOES - 0 No. 110 Policy - Bid Requirements (PW) Item No. 24, C.C.P., 10/15/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 111 Cancel Demo - 272 French (CD) Item No. 54, C.C.P., 10/15/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 112 Emergency Demolition Bid - 33 Shields Item No. 55, C.C.P., 10/15/96 That the award by the Commissioner of Community Development of an emergency demolition contract to Georgian Bay at a cost of $5,000.00 relating to 33 Shields is hereby confirmed, ratified and approved, with said cost to be charged against Capital Projects Fund #200-241-002-00000. PASSED AYES - 13 NOES - 0 No. 113 Emergency Demolition Bids - 217 West, etc. Item No. 56, C.C.P., 10/15/96 That the award by the Commissioner of Community Development of emergency demolition contracts to Great Lakes Contracting Corp. at a cost of $6,600.00, relating to 217 West; to Great Lakes Contracting Corp. at a cost of $5,500.00, relating to 413 Goodyear & Garage; to Great Lakes Contracting Corp. at a cost of $4,350.00, relating to 37 Wende; to Great Lakes Contracting Corp. at a cost of $4,200.00, relating to 46 Wende are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Code of the City of Buffalo. PASSED AYES - 13 NOES - 0 No. 114 Emergency Demolition Bid - 529 Adams Item No. 57, C.C.P., 10/15/96 That the award by the Commissioner of Community Development of an emergency demolition contract to Young's Auto & Housewrecking at a cost of $3,400.00 relating to 539 Adams 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 I 1 3 of the Code of the City of Buffalo. PASSED AYES - 13 NOES - 0 No. 115 Environmental Bond Act Item No. 183, C.C.P., 10/15/96 That this Common Council urges the citizens of the City of Buffalo to vote in favor of the Environmental Bond Act on Tuesday, November 5, 1996; and That this Council requests Mayor Masiello to file a report as soon as possible on efforts his administration is making to ensure that Buffalo has eligible projects ready to go in the event the Bond Act passes. ADOPTED. No. 116 Sprint Spectrum Item No. 185, C.C.P., 10/15/96 That the City accept Sprint Spectrum, L.P., permit applications for the nine (9) wireless service facilities locations listed in the above-mentioned item and process them accordingly during the term of the wireless telecommunications facilities moratorium. PASSED AYES - 13 NOES - 0 LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 117 YWCA of Buffalo - Petition to Use 245 North Street Offices and Supportive Housing Item No. 94, C.C.P., 10/15/96 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved: That after a public hearing before the Committee on Legislation on October 22, 1996, the petition of the YWCA of Buffalo, owner, for permission to use 245 North Street for offices and supportive housing for teenage mothers be, and hereby is approved. PASSED AYES - 13 NOES - 0 No. 118 Sorrento Cheese Co., Inc. Petition to Rezone 21-63 Leland Dr. Item No. 95, C.C.P., 10/15/96 That the Common Council of the City of Buffalo does hereby ordain as follows: That that part of the Zoning Ordinances of the City of Buffalo, Section 511-126 of Article Y-XV of Chapter 511 as it relates to the use map thereof be amended to show a "CM" District rather than a "R-2" Residential District for the premises known as 41-63 Leland Drive, Buffalo, more particularly described as follows: Proposed Legal Description ALL THAT TRACT OR PARCEL OF LAND, situate in the city of Buffalo, County of Erie and State of New York, being part of Lot Number 42, Township 10, Range 8 of the Buffalo Creek Reservation and according to a map filed in Erie County Clerk's Office under Cover No. 1494 is known and designated as Subdivision Lot Numbers 45 thru 57 inclusive and being four hundred forty two (442) feet front and rear by one hundred twenty (I 20) feet in depth, situate on the south side of Leland Drive, commencing two hundred twenty two (222) feet west of South Park Avenue. Containing an area of 1.22 acres of land, more or less. Together with and subject to covenants, easements, and restrictions of record. This rezoning shall be effective providing the following conditions are met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. That Sorrento Cheese Co., Inc. submit all required S.E.Q.R. Act documents. That Sorrento Cheese Co., Inc. maintain and repair the sidewalk and provide lawn clearance whenever necessary. It is hereby certified, pursuant to Section 34 of the Charter that the immediate passage of the foregoing ordinance is necessary. PASSED AYES - 13 NOES - 0 No. 119 Replacement of Outside Gas Meters Item No. 47, C.C.P., 4/16/96 That the above mentioned item be and the same is hereby received and filed. Mr. Coppola now moved that the above item be recommitted to the Committee on Legislation. ADOPTED. No. 120 N.Pearl Blk.Cl.-Req.City Prov.No Fds-YWCA(NHI) Item No. 48, C.C.P., 6/11/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 121 Business Closing Notifications Item No. 164, C.C.P., 6/11/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 122 Referendums Item No. 163, C.C.P., 7/9/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 123 Advisory Referenda (CC) Item No. 41, C.C.P., 9/17/96 That the above mentioned item be and the same is hereby received and filed. Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. No. 124 Appointment of Member to the Buffalo Preservation Board Item No. 1, C.C.P., 9/3/96 That the appointment to the Buffalo Preservation Board of Mark Goldman, residing at 3 5 1 Lincoln Parkway, for a term commencing immediately and expiring August 31, 1997, be and hereby is confirmed. ADOPTED. No. 125 BMHA Security Patrols Item No. 251, C.C.P., 9/17/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 126 BMHA Security Patrols (CSC) Item No. 76, C.C.P., 10/15/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 127 Remove Payphones-Wohlers (PW) Item No. 30, C.C.P., 10/1/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 128 Problems With City Trees Item No. 174, C.C.P., 10/1/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 129 Problems With City Trees Item No. 71, C.C.P., 10/15/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 130 Notification Serials #8713-8736 Install Stop Sign in Edith Street, etc. Item No. 21, C.C.P., 10/15/96 Pursuant to Subdivision 3 of Section 33 of Chapter 479 of the Code of the City of Buffalo, the changes to the traffic ordinances (Chapter 479 of City Code) for Notification Serial Nos. 8713-8736, are received and filed. ADOPTED. No. 131 Encroach - 783 Seneca Street - Handicap Ramp Item No. 37, C.C.P., 10/15/96 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved: That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Al Roth, of A.J. Roth Construction, acting as agent for Marine Midland Bank, located at 738 Seneca Street, to install a handicap ramp, which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) 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 ramp. PASSED AYES - 13 NOES - 0 No. 132 M.Schaus-Concerns Lack of Detectives/Homicide Div. Item No. 91, C.C.P., 10/15/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 133 Ordinance Amendment-Chapter 413-Streets and Sidewalks Item No. 189, C.C.P., 10/15/96 That the Ordinance Amendment as contained in item no. 189, C.C.P., October 15, 1996 be, and the same hereby is approved. PASSED AYES - 13 NOES - 0 COMMUNITY DEVELOPMENT HON. DALE ZUCHLEWSKI CHAIRMAN No. 134 J.Pitts-Pkg. Lot-Franklin Street Item No. 72, C.C.P., 12/26/95 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 135 Homestead 43 Johnson St. Item No. 5, C.C.P., 3/5/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 136 Trans.Title-Homestead.-43 Johnson (NHI) Item No. 75, C.C.P., 6/25/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 137 P.Garvey-Wegman's Project. (CD) Item No. 44, C.C.P., 6/1/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 138 Regency Homes-Ellicott Dist. Home ownership Zone Project Item No. 78, C.C.P., 9/17/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 139 HOME Rental Rehabilitation - 1151-53 Broadway Item No. 59, C.C.P., 10/15/96 That the Commissioner of Community Development be, and he hereby is, authorized to release HOME Rental Rehabilitation fends in the amount of $45,000.00 at 4% for 15 years for 1151-53 Broadway. PASSED AYES - 13 NOES - 0 No. 140 HOME Rental Rehabilitation - 326-328 Elmwood Avenue Item No. 60, C.C.P., 10/15/96 That the Commissioner of Community Development be, and he hereby is, authorized to release HOME Rental Rehabilitation funds in the amount of $50,000.00 at 4% for 15 years for 326-328 Elmwood Avenue. PASSED AYES - 13 NOES - 0 No. 141 HOME Rental Rehabilitation - 532-534 Elmwood Avenue Item No. 61, C.C.P., 10/15/96 That the Commissioner of Community Development be, and he hereby is, authorized to release HOME Rental Rehabilitation funds in the amount of $40,000.00 at 4% for 15 years for 532-534 Elmwood Avenue. PASSED AYES - 13 NOES - 0 No. 142 HOME Rental Rehabilitation - 775 Elmwood Avenue Item No. 62, C.C.P., 10/15/96 That the Commissioner of Community Development be, and he hereby is, authorized to release HOME Rental Rehabilitation funds in the amount of $20,000.00 at 4% for 15 years for 775 Elmwood Avenue. PASSED AYES - 13 NOES - 0 No. 143 HOME Rental Rehabilitation - 101 Goemble Item No. 63, C.C.P., 10/15/96 That the Commissioner of Community Development be, and he hereby is, authorized to release HOME Rental Rehabilitation funds in the amount of $40,000.00 at 4% for 15 years for 101 Goemble. PASSED AYES - 13 NOES - 0 No. 144 HOME Funds - 125-27 Mulberry, 794 Virginia (CD) Item No. 64, C.C.P., 10/15/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 145 HOME Rental Rehabilitation - 357 Porter Avenue Item No. 65, C.C.P., 10/15/96 That the Commissioner of Community Development be, and he hereby is, authorized to release HOME Rental Rehabilitation funds in the amount of $30,000.00 at 4% for 15 years for 357 Porter Avenue. PASSED AYES - 13 NOES - 0 No. 146 HOME Rental Rehabilitation-82 Summer aka Mayflower Bldg. Item No. 66, C.C.P., 10/15/96 That the Commissioner of Community Development be, and he hereby is, authorized to release HOME Rental Rehabilitation funds in the amount of $225,000.00 at 4% for 15 years for 82 Summer, a/k/a Mayflower Building. PASSED AYES - 13 NOES - 0 No. 147 HOME Rental Rehabilitation - 234 Vermont Avenue Item No. 67, C.C.P., 10/15/96 That the Commissioner of Community Development be, and he hereby is, authorized to release HOME Rental Rehabilitation funds in the amount of $30,000.00 at 4% for 15 years for 234 Vermont Avenue. PASSED AYES - 13 NOES - 0 COMMITTEE ON EDUCATION HON. BARBRA KAVANAUGH CHAIRMAN No. 148 Salary Ordinance Amendment 10 General Services 4 Inventory and Stores 002 Print Shop Item No. 228, C.C.P., 9/17/96 That the Salary Ordinance Amendment as contained in Item No. 228, C.C.P., September 17, 1996, be and the same hereby is approved. PASSED AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12 NOES - HELFER - 1 SPECIAL COMMITTEES SPECIAL COMMITTEE ON BUDGET HON. ROSEMARIE LOTEMPIO CHAIRMAN No. 149 Local 282 - Changes - Emergency Medical Serv. Item No. 84, C.C.P., 2/6/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 150 Fin.Report Fiscal Yr. Ending 6/30/95 (Compt) Item No. 21, C.C.P., 2/20/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 151 Consulting Engineer Contracts (CD) Item No. 81, C.C.P., 2/20/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 152 Consult/Engr. Contracts (Sewer) Item No. 100, C.C.P., 2/20/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 153 Req.Rpt.Consult/Engr.Contracts (#155 12/26) Item No. 144, C.C.P., 2/20/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 154 Consult/Engr.Contracts (Compt)(#13 1/23) Item No. 145, C.C.P., 2/20/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 155 Rpt.Consult/Engr.Contracts (PW)(#26 1/23) Item No. 146, C.C.P., 2/20/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 156 Consult/Engr.Contracts (A&F)( 52 2/6) Item No. 147, C.C.P., 2/20/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 157 Info.-Consult/Engr.Contracts (Sewer) Item No. 74, C.C.P., 3/19/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 158 Arts/Cult.Funding Recommendations (ArtsComm) Item No. 4, C.C.P., 4/16/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 159 Monthly Overtime Report (Compt) Item No. 12, C.C.P., 4/2/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 160 Monthly Overtime Report (Compt) Item No. 18, C.C.P., 4/30/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 161 Info.Monthly Overtime Report (A&F) Item No. 60, C.C.P., 4/30/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 162 Monthly Overtime Report (Compt) Item No. 24, C.C.P., 6/25/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 163 Arts/Cult.Funding Recommendations (ArtsComm) Item No. 4, C.C.P., 4/16/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 164 Reinst.Ch.Exam.Stat.Engr.etc. (#162,12/12) Item No. 94, C.C.P., April 1994 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 165 Corp Counsel to Pol.Dept.1996-97 Budget (CC) Item No. 44, C.C.P., 5/28/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 166 Gen.Fd Gap Sht 3rd Qtr.95-96 (A&F)(#56,6/11) Item No. 138, C.C.P., 6/25/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 167 Est. City Garbage Dist. Item No. 53, C.C.P., 7/9/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 168 Ord.Amend.Ch.137-Code Enforcement Item No. 202, C.C.P., 7/23/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 169 Ord.Amend.Ch.263-Licenses Item No. 203, C.C.P., 7/23/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 170 Ord.Amend.Ch 175-Fees Item No. 204, C.C.P., 7/23/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. GOVERNMENT RELATIONS HON. BYRON BROWN CHAIRMAN No. 171 Info. Bennett Beach (A&F)(#47,11/28) Item No. 102, C.C.P., 2/6/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 172 Erie Co. Leg. - Bennett Beach Item No. 82, C.C.P., 3/5/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 173 Bennett Beach Lease (CC) Item No. 33, C.C.P., 4/2/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 174 Erie Co.Environ & Plan-Lead Agency Status-Bennett Beach Item No. 73, C.C.P, 7/9/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 175 Sale of Bennett Beach Item No. 45, C.C.P., 10/15/96 That the Mayor be, and he hereby is, authorized to execute the Agreement between the City and the County of Erie for the Sale of Bennett Beach. PASSED. AYES - BROWN, COPPOLA, CZAJKA, HELFER, GRAY, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12 NOES - FRANCZYK - 1 RESOLUTIONS No. 176 By: Mr. Brown Preventing Organized Dog Fights Whereas: There is an alarming increase in the number of incidents of dog fights for profit and amusement in the Masten District and throughout the City of Buffalo; and Whereas: Dog fights have recently been reported on Laurel Street, Normal Avenue and in Martin Luther King Park; and Whereas: Pit Bull Terriers and Rottweilers are being trained and bred for the purpose of engaging these animals in often deadly dog-fights, where several thousand dollars can be raised in a single dog fight; and Whereas: The cruelty and savagery that these domestic animals are exposed to is revolting; and Whereas: Section 351 of the New York State Agriculture and Markets Law prohibits animal fighting and provides penalties of up to four years in prison and a fine of $25,000 for those convicted of causing animal fighting or training animals for those purposes; Now, Therefore, Be It Resolved That: This Common Council memorialize the State Legislature to amend section 351 of the Agriculture and Markets Law to: provide a reward for information leading to the arrest and conviction of individuals under that law; to provide the possibility of alternative sentencing including work with municipal Vermin Control units; and Be It Further Resolved That: This Council request the Corporation Counsel to prepare an ordinance amendment to increase the fine for possession of an unlicensed dog from $11 to the current state limit of $25; and Be It Further Resolved That: This Council request the FBI to cooperate with the Buffalo Police in determining whether any federal laws involving interstate violations have been broken during local dog fighting incidents that have been reported to the Buffalo Police; and Be It Further Resolved That: This Council requests the Buffalo Police to obtain warrants to look for video tapes of dog fights they have investigated because these events are sometimes taped; and: Be It Further Resolved That: This Council request that the Buffalo Animal Shelter and the SPCA determine if abuse is likely when do's are found with serious wounds and that those dogs not be released to their owners without a criminal check on the owner; and Be It Further Resolved That: This Council request the State Department of Agriculture and Markets to investigate the feasibility of starting a program under which dogs are implanted with micro-chips that would allow their identification and tracking as they are bred and sold; and Be It Further Resolved That: This Council request the City Clerk to develop an informational brochure for public distribution detailing the penalties for dog fighting and recommendations on purchasing dogs in a legal and prudent fashion; and Be It Finally Resolved That: The City Clerk be directed to forward certified copies of this resolution to Governor Pataki, to the Commissioner of the State Department of Agriculture and Markets, to the Regional Director of the SPCA, the Regional Director of the FBI, Police Commissioner Kerlikowske, to the Clerk of the Assembly, the Secretary of the Senate and to the members of the Western New York Legislative delegation. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF STREET SANITATION, THE COMMISSIONER OF POLICE, THE CITY CLERK AND THE CORPORATION COUNSEL. No. 177 By: Mr. Brown Concerns-Understaffing at Precincts 6 and 12 Whereas: Precincts 6 and 12 serve the Masten Council District and other areas which currently have the highest rates of violent crime in the City of Buffalo; and Whereas: Citizens, business people and police officers (see attached memo) have repeatedly voiced their concerns that Precincts 6 and 12 are staffed below the established minimum personnel levels; and Whereas: This understaffing results in poor response time, can endanger officers' lives and renders the Police Department less effective in fighting crime in the areas where their assistance is needed the most; and Whereas: While all areas of the City of Buffalo, including the Masten District, have experienced an overall decrease in crime, the higher rate of violent crime in Masten is largely due to drug trade and gang activity; and Whereas: The numerous recent examples of the problems caused by the combination of drug trade and gang activity include complaints by the Lyth Area Families for Progress Block Club about epidemic sale and use of drugs within approximately a six block area, 20 functioning sites from which drugs can be purchased, poor police response time and crime problems which continue to get worse rather than better; and Whereas: The most compelling sign of these problems is several recent, disturbing incidents in which students at Community School 53 were released from school early because shots were fired in the neighborhood of the school; and Whereas: The higher than average crime problems in the areas currently served by Precincts 6 and 12 should lead to the assignment of additional rather than fewer police personnel; Now, Therefore, Be It Resolved: That representatives of the Buffalo Police Department appear before this Common Council on November 12 to address the issue of understaffing at Precincts 6 and 12; and Be it Further Resolved: That the Buffalo Police Department submit a comprehensive written plan describing how they will address drug dealing, drug use and other serious crime issues in Cold Spring and throughout the Masten District; and Be it Finally Resolved: That Precincts 6 and 12 remain open until the Police Consolidation Plan is finalized and the sites for all five (5) district police stations are identified. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF POLICE AND POLICE BENEVOLENT ASSOCIATION. No. 178 By: Mr. Czajka Salary Ordinance Amendment 06 - Department of Administration & Finance 3 - Division of Labor & Employee Relations 002-Civil Service The Common Council of the City of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 06 Department Of Administration & Finance 3 - Division Of Labor & Employee Relations 002 Civil Service, which reads: 1 Personnel Specialist II $33,362-$39,430 1 Personnel Specialist I $27,333-$31,889 1 Public Information Officer $26,230-$30,333 is hereby amended to read: 1 Administrative Director $37,209 1 Account Clerk Typist $21,126-$23,588 1 Public Information Officer $1.00 (P. Irwin Only) The position of Account Clerk Typist is not to exceed the duration of Public Information Officer, Patrick K. lrwin's leave of absence. 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 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No.179 By: Mr. Czajka Salary Ordinance Amendment Enterprise Fund 98 - 0 - Division Of Water The Common Council of the City of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 Of the Ordinances of the City of Buffalo, relating to 98-0 - Enterprise Fund - Division of Water, which reads: 980-011 Inspection and Meter Reading 6 Water Service Inspector $25,421-$28,946 980-014 Repair and Install Water Meters 1 Senior Stock Clerk $21,610-$24,282 980-015 Distribution System 26 Caulker $23,771-$27,769 980-021 Administrative Services 1 Sr. Administrative Assistant $33,362-$39,430 is hereby amended to read: 980-011 Inspection and Meter Reading 5 Water Service Inspector $25,421-$28,946 980-015 Distribution System 25 Caulker $23,771-$27,769 980-021 Administrative Services 1 Water Administrator $45,257 We, Joseph N. Giambra, Commissioner of Public Works 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 amount set forth in the foregoing ordinance. That a personnel requisition incident to the addition of the above position, containing a statement of the duties of 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. 180 By: Mr. Czajka Barrier on Conrail Right-of-Way Along Forman Street. Whereas: There has been numerous complaints including crime, vandalism and loitering, in the Schiller Park community linked to youths traveling along and across Conrail owned land between Forman and Warring Streets; and Whereas: Criminals and vandals commonly cross over this area of land and run through yards terrorizing residents; and Whereas: Recently youngsters severely damaged a home on Forman Street throwing rocks and stones from this area without being seen or apprehended by the police; and Whereas: There is clearly a need for a barrier such as a fence or a form of landscaping that would deter youths form using this area as a pass through. Now, Therefore, Be It Resolved: That Conrail be requested to erect a barrier preventing pedestrian traffic along this stretch of land to insure the safety of the residents of the community affected by the crime and vandalism that has taken place; and Be It Further Resolved: That the Buffalo Police Department report to this Honorable Body on the feasibility of stepping up their patrols in this area, paying closer attention to this hidden area of land. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND CONRAIL. No. 181 By: Mr. Coppola Automate Zoo Parking Lot Whereas: The original agreement between the City of Buffalo and The Zoological Society grants the Society the right to charge the general public a fee for parking provided that charges are approved by the Common Council; and Whereas: Early next year, the Zoological Society plans to automate the parking lot in an attempt to reduce costs associated with that operation and, hopefully, increase revenues; and Whereas: The present charge for parking is $3.00 for passenger vehicles and $6.00 for buses, and there are no plans to increase the charge at this time; and Whereas: It will cost approximately $10,000 to install the necessary equipment for automation. Now Therefore Be It Resolved that The Zoological Society be granted permission by this Common Council to automate the parking lot as a means of reducing costs associated with the operation of the parking lot. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION & FINANCE, AND CORPORATION COUNSEL. No. 182 By: Mr. Coppola Number of Police Officers on Leave Whereas: The City Clerk regularly reports leaves of absence to this Council by including the information on the agendas of council meetings; and Whereas: It seems there have been an inordinate number of police personnel who have requested, and have been granted, leaves of absence from their regular duties; and Whereas: A large number of vacant positions because of leaves of absence bring up the questions of how the leaves are affecting manpower and what is being done to fulfill manpower requirements. Now Therefore Be It Resolved That: This Common Council requests that the Commissioner of Police respond by the next full Council meeting to the following: (1) How many employees of the Police Department are currently on leave of absence; (2) What departments have been affected; (3) How are their leaves affecting the department; and (4) What is being done to fulfill the manpower requirements. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE, THE COMMISSIONER OF ADMINISTRATION & FINANCE AND THE POLICE BENEVOLENT ASSOCIATION. No. 183 By: Mr. Coppola Request Information on Open Police Lieutenant Positions Whereas: The expiration date of the current list for Police Lieutenant is December 31, 1996; and Whereas: Out of twelve vacant lieutenant positions, two have been recently filled from the current list; and Whereas: In the past, these positions were filled as the openings became available, and those positions were always filled before the list expired. Now Therefore Be It Resolved That This Common Council requests that the Police Commissioner respond by the next full Council meeting as to why the Police Lieutenant positions have remained open when a current list with qualified candidates exists. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF POLICE, AND POLICE BENEVOLENT ASSOCIATION. No. 184 By: Mr. Coppola Request Information from Emergency Med. Services Board Whereas: This Common Council is on record in support of reviewing competition for ambulance service in the city; and Whereas: The Emergency Medical Services Board of Buffalo recently gave permission for Twin City Ambulance to operate in the northern third of the city without public explanation; and Whereas: Our current ambulance service, Rural/Metro Ambulance, has served the city since 1961, and during that time has averaged a response time of 8 minutes or less, 94% of the time, to all calls regardless of whether or not the call is life threatening, which is better than the national standard; and Whereas: It would be beneficial to this Council to be informed of Twin City Ambulance's qualifications, the parameters of the RFP for ambulance service, as well as how the Board arrived at the boundaries for service areas. Now Therefore Be It Resolved That This Common Council requests that the Emergency Medical Services Board of Buffalo supply this body with the qualifications of Twin City Ambulance, the parameters of the RFP for ambulance service, as well as how it arrived at the boundaries. Be It Finally Resolved That: This Common Council requests that the Emergency Medical Services Board submit a report back to this Common Council to be filed by October 31, 1996 at 1:00 p.m. ADOPTED. No. 185 By: Mr. Coppola Status of Class Action Suit Against Arena Designers Whereas: A class action suit on accessibility for persons with disabilities has been filed nation-wide by the United States Justice Department in five cities with new sports arenas, including Buffalo; and Whereas: This action against the city, designer, and others was instigated by the Eastern Paralyzed Veterans Association (EPVA) after it determined that the arena was not in compliance with the Americans with Disabilities Act Accessibility Guidelines (ADAAG), which requires that wheelchair locations for people with disabilities be provided lines of sight comparable to those for the general public; and Whereas: Apparently, the designer assumed that the general public would be cordial to those in wheelchairs and would not stand up during the exciting moments of sporting and other events, and thus the enhanced sight lines over standing spectators, even though required by the ADAAG, were not necessary; and Whereas: In May, 1995, this Common Council approved funding for the arena project under the assumption that all requirements for public accessibility would be met. Now Therefore Be It Resolved that This Common Council requests responses from the Director of the Mayor's Advocacy Office for Persons with Disabilities, Corporation Counsel, Department of Public Works and the Department of Inspections regarding the lawsuit and the failure to provide enhanced sight lines for wheelchair seating locations in the new arena; and Be It Further Resolved That; The City Clerk forward certified copies of this resolution to Larry Quinn, project coordinator for the arena construction, and the Eastern Paralyzed Veterans Association for their comments. ADOPTED. No. 186 By: Mr. Franczyk Bond Resolution $1,000,000 Bonds Construction of Northeast Parkway Account 200-717 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,000,000 General Improvement Bonds of said City, to finance the local share cost of the construction of a new Northeast Parkway in the City, at the estimated maximum cost of $1,000,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Dollars ($1,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the local share cost of construction of a new Northeast Parkway, including construction of a new road and truck route, curbs, sidewalks, lighting and traffic signals on the abandoned rail right-of-way in Northeast Buffalo from East Delavan Avenue north to East Amherst Street, in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,000,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "Construction Northeast Parkway 1996-97", Bond Authorization Account No. 200-717, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,000,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 20. of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: October 29, 1996 LAID ON THE TABLE. No. 187 By: Mr. Franczyk Investigate Impact Of Downstate Changes Buffalo's Solid Waste Costs Whereas: There are plans to close the Fresh Kills landfill which currently is a major disposal site for New York City's garbage; and Whereas: The proposed Environmental Bond Act has earmarked $75 million toward the closing of this landfill; and Whereas: Because Buffalo's garbage user fee is based on the fee charged by Modern Landfill, the closing of Fresh Kills could have a major impact on the user fee by increasing competition for Modern's landfill space and giving them the ability to increase their rates and Whereas: In addition, New York City has just taken a giant step backward by going from once-a-week to once-every-two-week collection of recyclables, thus ensuring that even more trash will be spilling over into upstate disposal markets; and Whereas: The timing of this move is particularly bad given that Buffalo is currently moving to a once-a-week collection to maximize its recycling efficiency; and Whereas: While Buffalo is doing everything it can to increase recycling, we face rising future costs based on moves in New York City that tend to decrease recycling and local responsibility for solid waste disposal; Now, Therefore, Be It Resolved That: This Common Council requests New York State and Federal officials to do everything in their power to protect Buffalo and other Western New York communities from the negative economic impacts of the closing of the Fresh Kills landfill and the changing of New York's recycling process; and Be It Further Resolved That: This Council directs the City Clerk to send certified copies of this resolution along with a request for a written response to Governor Pataki, the Commissioner of the NYSDEC, Mayor Guliani of New York City, and to the members of the Western New York Legislative and Congressional delegations. ADOPTED. No. 188 By: Mr. Franczyk N.Y.S. Bond Act Whereas: The Administration is preparing a list of projects for funding should the N.Y.S. Clean Water/Clean Air Bond Act be approved by the electorate. Now, Therefore Be It Resolved: That the administration be requested to include the Cobblestone Historic District and the former New York Central Terminal in any funding application or request in the Bond Act, should it be approved. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 189 By: Beverly Gray Appointment of Legislative Assistant to the Council Now, Therefore, Be It Resolved: That the Common Council does hereby appoint Jacqueline White, 481 Wyoming, Buffalo, NY, 14215 to the position of Legislative Assistant to the Common Council, effective October 15, 1996. ADOPTED. No. 190 By: Ms. Kavanaugh City Owned Waterfront Property Whereas: Establishing a system of public access to the city's waterfront is an important element of the city's future success and will serve to increase the value of waterfront property; and Whereas: The Friends of the Buffalo River have proposed that the city retain either title or an exclusive easement to the first 100 feet of any waterfront property that the city chooses to sell; and Whereas: The purpose of this policy is to protect public access to the waterfront, to improve water quality and to support greenway planning for the city; and Whereas: The courts have recently penalized local governments that have enacted regulatory measures to protect open space and public access, calling these measures a "taking" of private property; and Whereas: If the city owns the property in question, or at least retains an easement, there can be no question of a taking when it comes time for the public to have access to that property; Now, Therefore, Be It Resolved That: This Common Council adopt the following policy for the city of Buffalo: As a condition of sale for any city-owned waterfront land, the city shall hold title to or retain an exclusive easement for a one hundred (I 00) foot wide strip of land measured from the mean water line along the full length of the parcel's waterfront edge for public use and enjoyment. In cases of water dependent uses, the city shall determine the means for providing access across the city shoreline parcel or easement to the water. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMPTROLLER, THE COMMISSIONER OF COMMUNITY DEVELOPMENT, THE CITY PLANNING BOARD, THE ENVIRONMENTAL MANAGEMENT COMMISSION AND THE CORPORATION COUNSEL. No. 191 By: Ms. Kavanaugh Buffalo Psychiatric Center Property Whereas: The State of New York and Office of Mental Health are preparing for the sale of many parcels of state hospital property, including a tract located on the grounds of the Buffalo Psychiatric Center; and Whereas: The Buffalo Public Schools are confronted with a growing need for space in a centrally located area; and Whereas: The Buffalo Psychiatric Center tract is near many significant educational and publicly accessible amenities for children and families; and Whereas: Acceptably sized, environmentally appropriate parcels of land for new school construction are scarce in the City of Buffalo; Now, Therefore Be It Resolved: That the Buffalo Common Council requests the State of New York to preserve the option of the City of Buffalo to investigate and pursue acquisition of Office of Mental Health property on the grounds of the Buffalo Psychiatric Center; and Be It Further Resolved: That the State of New York not include said property in the proposed block sale of State Office of Mental Health property Be it further resolved: That the City Clerk send certified copies of this resolution to the following individuals: 1. Senator Anthony R. Nanula, 65 Court St., Room 213, Buffalo, New York, 14202 2. Senator William T. Stachowski, 2030 Clinton St., Buffalo, New York, 14206 3. Assemblyman William B. Hoyt 111, General Donovan Bldg., Buffalo, New York, 14203 4. Assemblyman Arthur O. Eve, 1377 Fillmore Ave., Buffalo, New York, 14211 5. Assemblyman Paul A. Tokasz, General Donovan Bldg., Buffalo, New York, 14203 6. Assemblyman Richard J. Keane, 1110 Abbott Rd., Buffalo, New York, 14220 7. Legislature Albert DeBenedetti, 155 Lawn Ave, Rm. 209, Buffalo, New York, 14207 8. Dr. James Harris, Superintendent, Buffalo Board of Education, 712 City Hall, Buffalo, New York, 14202 9. Buffalo Board of Education, 801 City Hall, Buffalo, New York, 14202 Be it finally resolved that: The above mentioned parties file their comments and recommendations with the Common Council, 1308 City Hall, Buffalo, New York, 14202, by 2:00 p.m. Thursday, November 7, 1996. ADOPTED. No. 192 By: Mrs. Lockwood Request Info.Status-BMHA/Police Department Whereas: Recently, several Buffalo Municipal Housing Authority Security Officers passed the promotional exam for Police Officer for the City of Buffalo, thereby leaving their positions with the B.M.H.A. and causing a shortage in security patrols; and Whereas: There has been great concern over this decrease in B.M.H.A. security staff; and Whereas: Several discussions have taken place between with members of the Common Council, the Police Department, and the Buffalo Municipal Housing Authority. However, there are still a lot of unanswered questions concerning this issue; and Whereas: The Buffalo Municipal Housing Authority stated that a Memorandum of Understanding was being developed between the BMHA and the Buffalo Police Department; and Whereas: Another concern that has been expressed is the number of vacancies that currently exist in the Police Department for the position of Police Lieutenant and the existence of a Civil Service promotional list for lieutenants that is slated to expire by the end of December; Now, Therefore, Be It Resolved: That the Common Council requests the Police Commissioner to file a report on the status of the Memorandum of Understanding between the Buffalo Municipal Housing Authority and the Police Department and also a copy of said document; and Be It Further Resolved: That the Police Commissioner be requested to file a report on the current number of filled Police Lieutenant positions along with the number of vacancies, and the total number of Police Officers, including the most recent additions from the Buffalo Municipal Housing Authority; and Be It Finally Resolved: That the Police Commissioner be requested to submit a report on his intent to fill any vacancies in the lieutenants position by the end of the year. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND POLICE BENEVOLENT ASSOCIATION. No. 193 By: Mrs. Lockwood Discharge Committee on Claims - 4/22/96 Watermain Break Item No. 44, C.C.P., October 15, 1996 Whereas: The above item is currently tabled in the Committee on Claims; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved: That this Common Council does hereby discharge the Committee on Claims from further consideration of Item No. 44, C.C.P., October 15, 1996, 4/22/96 Watermain Break and said Item is now before the Council. CARRIED Mrs. LoTempio now moved: That the Corporation Counsel be, and he hereby is authorized to compromise the City's claim against TCI of New York, Inc. for the 4/22/96 Watermain break on Huron Street, in the sum of $15,714.44 payable to the City of Buffalo. PASSED AYES - 13 NOES - 0 No. 194 By: Mrs. LoTempio Assign Follow-Up Dog License Summons Violations to Administrative Adjudication Whereas: Recent reports have brought to light the fact that the City of Buffalo has not been collecting fines assessed against individuals who violate certain municipal regulations and who subsequently choose to ignore the summons of violation issued to them; and Whereas: One area where this problem exists is in dog licenses, where it is estimated that $200,000 in delinquent fines, representing approximately 7,000 cases of city dog owners ignoring notices sent by the City Clerk to renew pet licenses, have not been collected because of the failure of the City to follow up on the summons; and Whereas: At present, the City Clerk Dog Enforcement Officers issue the summons, which is generated either by a site inspection by the officer or by a computer listing of expiring licenses. The information about the violation is then forwarded to the Parking Violations Bureau for subsequent follow up and action; and Whereas: A potential solution to the follow up problem is the assignment of the summons to the Bureau of Administrative Adjudication, which has the jurisdiction to hear and determine charges of municipal code violations or statutory violations and fee disputes, to accept pleas and to hear and determine charges of code or statutory violations, to conduct hearings, to provide for penalties, to issue subpoenas, and to issue decisions and judgments; and Whereas: Utilizing the Bureau of Administrative Adjudication to follow up on dog license summonses will increase efficiency, strengthen the enforcement and collection process, and maximize revenues for the city; Now, Therefore, Be It Resolved: That this Common Council request that the Corporation Counsel prepare an Ordinance Amendment which empowers the Bureau of Administrative Adjudication to act as the enforcement agent for dog license violations. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION & FINANCE, THE CITY CLERK AND THE CORPORATION COUNSEL. No. 195 By: Ms. LoTempio and Mr. Zuchlewski Cost Estimates-Downtown Traffic Options Whereas: BURA has contracted with the Niagara Frontier Transportation Committee to study traffic circulation and parking issues in the Buffalo Central Business District; and Whereas: Item 43, C.C.P. January 23, 1996 "Update Downtown Traffic Study" states that "The Planning Division and Department of Public Works have requested that the consultants provide an in-depth analysis and to prioritize and develop cost estimates for the street modifications recommended in the Traffic Study. A full report is expected to be completed in June 1996."; and Whereas: The Common Council has yet to receive any cost estimates for downtown traffic changes; and Whereas: The recommended changes need to take place quickly because they can have a major positive impact on current and planned downtown businesses; Now, Therefore, Be It Resolved That: This Council requests the Division of Planning to file cost estimates for traffic changes recommended by the BURA funded downtown traffic study by Thursday, November 21, 1996. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 196 By: Mrs. LoTempio, Messrs. Zuchlewski and Helfer Request Explanation Delay Implementation of Ambulance Zone Changes Whereas: The Buffalo Emergency Medical Services Board recently voted to grant "preferred status" to Twin City Ambulance to answer emergency calls in the two northern service zones of the City of Buffalo, effective November 1, 1996; and Whereas: The action of the Board retains the services of Rural/Metro Ambulance, formerly known as LaSalle Ambulance, in the remaining four sectors of the City; and Whereas: While the concept of competition for service provision is good, it is only beneficial if the result of the competition is an increase in efficiency at a cost which benefits the consumer; and Whereas: The benefits of splitting are not evident, particularly in light of the fact that rates are established by the Board and that Rural/Metro has expanded its operations to meet demand following its August, 1991 assumption of all city zones as a result of the sudden closure of Gold Cross Ambulance Service; and Whereas: There have been concerns expressed that the action of the EMSB may affect service, and that jobs will be lost. An additional concern is that Rural/Metro operates out of the City of Buffalo and employs many city residents, while Twin City is based in the City of Tonawanda and does not employ any City of Buffalo residents; and Whereas: Many of the primary health care providers in the community, including Mercy, Buffalo General, Columbus, and Millard Fillmore Hospitals, the American Red Cross, Mercy Flight, the University at Buffalo, and a number of physicians, have urged caution in making any changes in the assignment of ambulance zone coverage; and Whereas: The Emergency Medical Services Board has not offered an explanation or rationale for its decision; Now, Therefore, Be It Resolved: That this Common Council request that the Emergency Medical Services Board provide a full and detailed explanation for the granting of "preferred status" designation to Twin City Ambulance; and Be it Further Resolved: That pending a report to this Body, and an opportunity to review and comment on the report, the Council requests that the Emergency Medical Services Board immediately act to postpone the effective date of the "preferred status" zone assignment to Twin City Ambulance; and Be it Finally Resolved: That the report be filed with the City Clerk prior to 2 PM on Thursday, November 7, 1996. Be It Further Resolved That: The Buffalo Common Council authorize the Corporation Counsel office to amend the City of Buffalo Ordinance to allow the Common Council authority to approve or disapprove awarding of zones in the City of Buffalo. Finally, Be It Further Resolved That: This amendment be retroactive to June 1, 1996. Mrs. LoTempio moved: That the first resolve be and the same is hereby adopted; and that the second resolve be referred to the Committee on Legislation and the Emergency Medical Services Board. ADOPTED. No. 197 By: Mr. Pitts Emergency Medical Services Board Whereas: The Emergency Medical Services Board ("EMS Board") is charged with establishing equitable and preferential ambulance zones of operation within the City for local ambulance services to follow; and Whereas: Much concern has been raised over actions and policies made by the EMS Board regarding how and why some of those zones have been allocated; and Whereas: Among the duties of the EMS Board is to consult with the Common Council on all matters concerning ambulance service; and Whereas: The general public is distressed over this seemingly sudden decision; and Whereas: The City needs to understand what is behind the decision-making process that lead to the EMS Board's recent action in ambulance zone allocation; and Whereas: It is imperative for the health, safety and welfare of the citizens of the City of Buffalo that the Common Council determine the facts in this matter, Now Therefore Be It Resolved: That pursuant to Section 49 of the Charter of the City of Buffalo, the Common Council does hereby issue subpoenas to the members of the Emergency Medical Services Board to answer questions concerning their decision to award Twin Cities Ambulance Service Zones "C" & "D" within the City of Buffalo, which goes into effect on November 1, 1996; and Be It Further Resolved: That such subpoena shall be returnable on Thursday, October 31, 1996 at 1:00 pm in the Common Council Chambers. ADOPTED. No. 198 By: Messrs. Quintana and Zuchlewski Improve Water/Sewer Collections Investigate Merger of Sewer Authority and Division of Water Whereas: The Comptroller's office has released a report claiming that the city is owed $11.5 million in unpaid water and sewer bills, and that follow-up efforts to collect these bills had been "helter skelter" before recent changes were implemented by the Collections Office; and Whereas: Such a huge backlog of arrears should never have been allowed to build up, especially since the city has faced severe fiscal problems in the last several years and has had to cut services while raising taxes and fees to fill the gap- and Whereas: This audit also claims that $1 million per year could be saved by combining the operations of the Buffalo Sewer Authority and the Division of Water; and Whereas: Many services are duplicated between the two operations, including billing and purchasing and hopefully management services could be consolidated through a merger, resulting in lower costs for Buffalo's citizens; Now, Therefore, Be It Resolved That: This Common Council requests the Commissioner of Public Works and the General Manager of the Buffalo Sewer Authority to file reports on plans to bring uncollected bills under control, including a schedule of expected uncollected amounts projected through the next five years; and Be It Further Resolved That: This Common Council requests the Commissioner of Public Works, the General Manager of the Buffalo Sewer Authority, and the Commissioner of Administration and Finance to file comments on the feasibility of merging the Buffalo Sewer Authority and the Division of Water. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, BUFFALO SEWER AUTHORITY, COMMISSIONER OF ADMINISTRATION & FINANCE AND BUFFALO WATER AUTHORITY. No. 199 By: Messrs. Zuchlewski, Helfer and Mrs. Williams Require Neighborhood Plans To Accompany Housing Funding Requests Whereas: In order to be effective, housing investments need to take place on appropriate blocks and often need to be supported by further investments and city services Whereas: Several tactics for improving housing stock and neighborhood viability exist, including rehabilitating old houses, concentrating code enforcement efforts, building new housing, demolishing derelict structures, land banking, etc.; and Whereas: It is important that these tactics be used in a way that complement each other; and Whereas: In too many cases it is not clear that housing investments have been made in the context of a coherent plan for a block or a neighborhood; Now, Therefore, Be It Resolved That: This Council requests that whenever the Department of Community Development or any of its divisions file a request for approval of funding of housing projects by this Council, that such request include a description of plans for the block and neighborhood in question and include district councilmember input. ADOPTED. No. 200 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 Minnie Slaughter By Councilmember Helfer Felicitation for Rev. Robert P. Beck By Councilmember Pitts Felicitation for Business and Professional Women of Buffalo By Councilmember Pitts Felicitation for Janell W. Wilson By Councilmember Pitts ADOPTED. UNFINISHED BUSINESS No. 201 Bond Res. $75,000- Reconstruction N.I.C. Facade Item No. 178, C.C.P., 10/15/96 Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Zuchlewski. Mrs. LoTempio now moved that the above item be approved. Seconded by Mr. Zuchlewski. PASSED AYES - 13 NOES - 0 No. 202 Bond Res. $100,000- Reconstruction Ball Courts Item No. 179, C.C.P., 10/15/96 Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mrs. Gray. Mrs. LoTempio now moved that the above item be approved. Seconded by Mrs. Gray. PASSED AYES - 13 NOES - 0 No. 203 Bond Res. $150,000- Renovate Various Playgrounds Item No. 180, C.C.P., 10/15/96 Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mrs. Gray. Mrs. LoTempio now moved that the above item be approved. Seconded by Mrs. Gray. PASSED AYES - 13 NOES - 0 No. 204 Bond Res. $150,000- Tree Planting Item No. 181, C.C.P., 10/15/96 Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mrs. Gray. Mrs. LoTempio now moved that the above item be approved. Seconded by Mrs. Gray. PASSED AYES- 13 NOES - 0 No. 205 Bond Res. $150,000- Restoration- Monuments Item No. 182, C.C.P. 10/15/96 Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mrs. Gray. Mrs. LoTempio now moved that the above item be approved. Seconded by Mrs. Gray. PASSED AYES - 13 NOES - 0 No. 206 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 Wed, Nov 6, 1996 9:30 A.M. Finance Wed, Nov 6, 1996 - following Civil Service Legislation Wed, Nov 6, 1996 2:00 P.M. Community Dev. Thurs, Nov 7, 1996, 10:00 A.M. Committee on Ed. Thurs, Nov 7, 1996, following Com. Dev. No. 207 Adjournment On a motion by Mrs. LoTempio, Seconded by Mr. Czajka, the Council adjourned at 3:50 P.M. Charles L. Michaux, III City Clerk Board of Police and Fire Pension Proceedings #09 Council President's Office - 1315 City Hall October 31, 1996 Present: James W. Pitts, Council President; Joel A. Giambra, Comptroller - 2 Absent: Anthony M. Masiello, Mayor - 1 The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of October 1996 amounting to $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 month of October 1996 amounting to $29,039.83, 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 Mr. Pitts moved to accept the pension application of Caroline Schneider, whose husband, William Schneider died on 9/26/96, effective 9/27/96. ADOPTED. No. 4 The following annuitants were cancelled from the Police Pension Fund: William Schneider Died 9/26/96 Florence Tedesco Died 10/2/96 RECEIVED AND FILED. No. 5 On a motion by Mr. Pitts, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.