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HomeMy WebLinkAbout92-0121 1No. 2 Common Council Proceedings of the City of Buffalo Regular Meeting, January 21, 1992 MAYOR Hon. James D. Griffin COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL George K. Arthur PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER Eugene M. Fahey COUNCILMEMBERS-AT-LARGE Clifford Bell Eugene M. Fahey Rosemarie LoTempio DISTRICT COUNCIL MEMBERS Alfred T. Coppola - Delaware James W. Pitts - Ellicott David A. Franczyk - Fillmore Norman M. Bakos - Lovejoy David A. Collins - Masten Carl A. PerIa Jr. - Niagara Dale Zuchlewski - North Brian M. Higgins - South Archie L. Amos, Jr. - University REGULAR COMMITTEES CIVIL SERVICE COMMITTEE : James W. Pitts, Chairman, George K. Arthur, Alfred T. Coppola, Eugene M. Fahey, Carl A. Perla, Jr. Members CLAIMS COMMITTEE: Brian Higgins, Chairman, Archie L. Amos, David Franczyk, Rosemarie LoTempio, Carl A. Perla, Jr., Members ECONOMIC DEVELOPMENT COMMITTEE : Clifford Bell, Chairman, Archie L Amos, Jr., David Collins, David A. Franczyk, Alfred Coppola, James W. Pitts, Members. FINANCE COMMITTEE : David Collins, Chairman, Clifford Bell, Eugene M. Fahey, David A. Franczyk, Brian M. Higgins, Carl A. PerIa, Jr., Members. LEGISLATION COMMITTEE: Alfred Coppola, Chairman, Archie L. Amos, Jr., Norman M. Bakos, Rosemarie LoTempio, James Pitts, Dale Zuchlewski Members RULES COMMITTEE : George K. Arthur, Chairman, Eugene M. Fahey, James W. Pitts, Members URBAN RENEWAL: Archie L. Amos, Jr., Chairman, David A. Franczyk., Brian M. Higgins, Rosemarie Lotempio, Carl A. Perla, Jr. SPECIAL COMMITTEES SPECIAL COMMITTEE ON CATV : Hon. Dale Zuchlewski, Chairman, Hon. Archie L. Amos, Hon. Brian M. Higgins, Hon. Rosemarie LoTempio, Hon. James W. Pitts SPECIAL COMMITTEE- COMMUNITY DEVELOPMENT : David A. Collins, Chairman DOWNTOWN STADIUM OPERATOR : Alfred T. Coppola, Chairman, David A. Franczyk, David A. Collins, Archie L. Amos, Jr. SPECIAL COMMITTEE ON RECODIFICATION: Rosemarie LoTempio, Chairman, Clifford Bell, Alfred T. Coppola, Michael R. Mulderig, Samuel F. Houston/Designee, Paul Barrick, Milton Kaplin, Charles L. Michaux III/Designee. COMMON COUNCIL'S SPECIAL WATERFRONT COMMITTEE : James F. August, James W. Harrington, Jr. Richard J. Lippes, Ross D. MacKinnon, Kenneth E. Sherman, James W. Pitts, Brian Higgins, Clifford Bell, Rosemarie LoTempio, David Collins, Carl A. Perla, Jr.. SPECIAL COMMITTEE-TAYLOR LAW IMPASSE : Carl A. Perla, Jr., Chairman, Alfred T. Coppola, James W. Pitts PARKS DEPARTMENT OVERSIGHT COMMITTEE : James W. Pitts, David A. Franczyk, Rosemarie LoTempio, Joel A. Giambra/Designee, Samuel F. Houston/Designee, John Scardino, Jr., Representative of the Friends of Olmstead Park, Representative of Delaware Park Steering Committee Representative of Martin Luther King Park Steering Committee, Representative of the Friends of Cazenovia Casino. SPECIAL COMMITTEE - NEGOTIATE ERIE BASIN MARINA LEASE James W. Pitts, Carl A. Perla, Jr., Dale Zuchlewski, David P. Comerford/designee, Joel A. Giambra/designee, Ronald Romanowicz/designee. TASK FORCES TASK FORCE ON FEE INCREASES: Clifford Bell, Chairperson, Alfred T. Coppola, Joel A. Giambra, Richard Planavsky, Philip Ricchiazzi, Members. JUVENILE DELINQUENCY TASK FORCE : Christine Garmon, , Commissioner Ralph Degenhart, Michael Chapman, Larry Stitts, Carl Johnson, Julian Dargan, Helen Panikowski, Desiree Lindsey, John Johnson, Lt. Lawrence Tersan. TASK FORCE ON DOWNTOWN PARKING : Leona N. Backus, Alfred H. Savage/Designee, Lawrence R. Rubin/Designee, Thomas Gallagher, Joel A. Giambra/Designee, Eric Swider/Designee, Hon. James W. Pitts, Carl A. Perla, Jr., Edward Lesswing, Dr. Andrew J. Rudnick, Chairman, Robert B. Adams/Designee, Hon. Dennis T. Gorski/Designee, Cheryl A. Hart, David P. Comerford, Bruna Michaux. HISPANIC TASK FORCE: David Baez, Scorro Cappes, Ventura Colon, Laura DeJesus, Emanuel Lastra, Paul Martinez, Benjamin Matta, Augustine Olivencia, Jr., Michael Rivera, Louis Rodriguez, Marcelina Rondon. TASK FORCE ON LANDLORD TENANT RELATIONS & HOUSING CONDITIONS: Hon. Carl A. Perla, Chairman, Hon. James W. Pitts, Hon. Archie L. Amos Jr., Hon. Roger LoRusso /Designee/, Hon Frank Sedita /Designee, Lawrence A. Grisanti /Designee, Samuel F. Houston /Designee, Joseph V. Schollard /Designee, Vincent Pellittieri /Designee, Pamela Dent /Designee, Donald J. Reeves /Designee, Sister Jeanne Frank /Designee, Nick Sidoti /Designee, Denis Woods /Designee, Scott W. Gehl /Designee, Paul Wolf /Designee, Rev. Charles White /Designee, Karen J. Schimke, Cathy Szczesny, Kathy Mecca, Members. TASK FORCE- AUDITORIUM-STADIUM: Hon. James W. Pitts, Chairman, Dale Zuchlewski, Hon. Vincent Tese, Hon. Anthony M. Masiello, Hon. Alfred T. Coppola, Charles F. Rosenow, George Gould, George Wessel, William J. Greeley, Mary Martino/Designee, Hon. Dennis T. Gorski/Designee, Hon. Roger I. Blackwell, Hon. Henry J. Nowak, Donald P. Quinlan/Designee, Rev. Bennett W. Smith, Robert D. Fernbach. TASK FORCE- STUDY ON GREAT NORTHERN GRAIN ELEVATOR: Jim Forton, Chairperson, Hon. Brian M. Higgins, Hon. James W. Pitts, Karen Schaffner, John Montague, Lorraine Pierro, Joseph Schollard, Mark Norton, Ken Sherman. NOISE ORDINANCE TASK FORCE : State Senator Anthony Masiello, Assemblyman William Hoyt, Margaret Andrews, John Walton, Ed Saunders, Angelo Thomas, Dr. Betty Cappella, Laura Wilson, Jeanette Ogden, Michael Powers, Nicholas Custodi, Sheila Dunn, Cynthia, A. Reif, James J. Williams, Sheila Weir, Frank Piracci, Bernadette Tomaselli, Jean Willett. CHILD CARE TASK FORCE : Louise Clyburn, Deborah A. Goldman, Khalimah A. Halim, Flora Miller, Sliwa, Angela Lee, Mrs. Gianadda, Ronald Empric, Barbara A. Shaw, Mary Jo Hunt, Dorothy Dowzycky, Joseph Sperrazza, Judy DiPasquale, Mary Randolph. MEDICAL BENEFITS TASK FORCE: Richard J. Piontek, Larry Insinna, Mary Ann Sansone, Charles W. Pruet, M.D., Leo C. Welsh, David Donnelly, Thomas J. Carella, John Walker, John D. Smith. COUNCIL REPRESENTATIVES: BUFFALO URBAN RENEWAL AGENCY: Alfred T. Coppola, George K. Arthur, David A. Collins. ARTS AND CULTURAL FUNDING ADVISORY COMMITTEE : Charles Ruff, Joseph Makowski, Craig Speers, Gary Mucci, Thomas M. Rocco, William Falkowski, John J. Fiorella, Jeremy Wainwright, Sheila Diebold, Warren Emblidge, Alithea Lango, Martha Morgan, Susan Curran. WAR MEMORIAL STADIUM OVERSIGHT COMMITTEE : Hon. David A. Collins, Chairman, Lawrence R. Rubin, Peggy Brooks-Bertram, King W. Peterson, Henry Orsinski, Florence E. Baugh, Willie Evans, Michael Billoni, Charles Rosenow, Members. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO Tuesday, January 21, 1992 at 2:00 P.M. PRESENT - George K. Arthur, President of the Council, and Council Members Amos, Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla, Pitts, and Zuchlewski - 13. ABSENT - None. On a motion by Mr. Fahey, seconded by Mr. Amos, the minutes of the stated meeting held January 7, 1992, were approved FROM THE MAYOR No. 1 Veto Message - Interfund Loan Requisition $150,000 Item No. 9, C.C.P., January 7, 1992 The above item provides additional funds for the acquisition of 28 Hertel. I have been compelled in the past to veto similar items for this project because the acquisition and development costs have not been sufficiently justified. For this reason and others I must veto Item No. 9, C.C.P., January 7, 1992. Mr. Fahey moved to Override the Mayor's Veto of Item No. 9, C.C.P. January 7, 1992- Interfund Cash Loan- Acquisition of 28 Hertel. Seconded by Mr. Franczyk. REPASSED. AYES AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 10. NOES- ARTHUR, COPPOLA, PITTS - 3. No. 2 Appointment of Member of Buffalo Arts Commission Pursuant to the powers vested in me by Chapter 6, Article V, Section 6-26 of the Buffalo Code, I hereby appoint Dr. Thomas A. Jambro, residing at 66 Kenton Place, Hamburg, New York - 14075, as a member of the Buffalo Arts Commission effective January 13, 1992. Dr. Jambro will succeed Nathaniel A. Barrell who has resigned. Dr. Thomas A. Jambro, Supervisor of Art, Buffalo Public Schools, is a graduate of Syracuse University with a Ph.D in Education, and a C.A.S. in Education. He earned his M.S. in Education at State University College at Buffalo in 1966 and is a graduate of Edinboro University of Pennsylvania with a B.S. in Education. Dr. Jambro served as Director of Development and Alumni Affairs Daemen College from 1982-1986. He is currently a Board member - N.Y.S. Alliance for Arts Education, Albany, New York and is President of Ravenwood Park Townehouse Association, Hamburg, New York. I hereby certify that Dr. Thomas A. Jambro is fully qualified for appointment to the Buffalo Arts Commission. RECEIVED AND FILED. No. 3 Appointment of Member of the Buffalo Municipal Housing Authority Pursuant to the powers vested in me by Subdivision 2, Section 30 of the Public Housing Law, I hereby appoint Barbara C. Pannozzo, residing at 20 North Drive, Buffalo, New York 14216, as a member of the Buffalo Municipal Housing Authority effective January 3, 1992, for a term expiring October 19, 1996. Mrs. Pannozzo's work experience includes service as an elementary school teacher from September 1971 until the present time. Volunteer experience includes service as a Board Member of the YMCA of Buffalo, School Board Member of St. Rose of Lima School and member of the City of Buffalo Charter Revision Commission. Mrs. Pannozzo received a B.S. in Elementary Education from the College of St. Rose in Albany, New York in June 1971, and has completed 36 graduate hours of work in education and area studies. She has permanent New York State Certification in Elementary Education and Social Studies. I hereby certify Mrs. Barbara Pannozzo is fully qualified to serve as a member of the Buffalo Municipal Housing Authority. RECEIVED AND FlLED. No. 4 Appointment of Member of the Horizons Waterfront Commission, Inc. Pursuant to the powers vested in me by Section 3 (ii) of Article II of the By-Laws of the Horizons Waterfront Commission, Inc., as amended and by the Horizons Waterfront Inter-Municipal Cooperation Agreement, I hereby appoint Carl P. Paladino, residing at 282 Potters Road, Buffalo, New York 14220, as a voting Director of the Horizons Waterfront Commission, Inc., effective January 3 , 1992, for a term expiring March 2, 1993. Mr. Paladino will fill the unexpired term of Joseph E. GoodeIl who resigned August 12, 1991, after being appointed Chairman of the Commission by Governor Cuomo. Mr. Paladino has been an Attorney-at-Law with the firm Paladino, Cavan & Quinlivan, from 1971 until the present time. He is also President, Director, Chief Operating Officer and Owner of several real estate companies including: 10 Ellicott Square Court Corp.; Ellicott Group; Mohawk Group and Michigan-Seneca Group, Inc., among others. Besides his professional activity, Mr. Paladino is active with numerous community activities and organizations including: Trustee of St. Bonaventure University; Director of the City of Buffalo Parking Board; Director of Buffalo Place, Inc.; Member of Advisory Board for Erie Community College and a Director of the Niagara Frontier Council - Boy Scouts of America. He is also a member of the Buffalo Area Chamber of Commerce, the knights of Columbus, American Legion Post 721 and the Building Owners and Managers Association. Mr. Paladino graduated from St. Bonaventure University in June 1968 with a B.A. in English. He received his Juris Doctor Degree from the Syracuse University College of Law in June 1971. Mr. Paladino served in the Air Defense Artillary Branch of the United States Army. Based on all the above, I hereby certify Mr. Carl P. Paladino is fully and uniquely qualified for appointment as a voting Director of the Horizons Waterfront Commission, Inc. RECEIVED AND FILED. FROM THE MAYOR EXECUTIVE DEPARTMENTS FROM THE CITY PLANNING BOARD No. 5 M. Ngork - Request to convert vacant store into a take-out restaurant at 3162 Bailey Ave.. Item No. 54, C.C.P., January 7, 1992. The City Planning Board at its regular meeting held Tuesday, January 14, 1992, considered the above application pursuant to Section 511-65 of the Buffalo Code, Kensington-Bailey Business District. The applicant seeks to convert a vacant one-story masonry building into a take-out restaurant. The proposed renovation will consist of approximately 3,875 square feet of gross floor area. The applicant is not requesting a sign at this time. The site is located in the Kensington-Bailey zone which considers eating and drinking places to be restricted uses requiring the approval of Your Honorable Body. Under the Buffalo Code, 26 off-street parking spaces would be suggested. It should be noted, however, that public off-street parking exists within 1000 feet of the site. Under S.E.Q.R., the proposed conversion is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed use only, and further recommends that any accessory signage for the proposed restaurant be reviewed at another time. RECEIVED AND FILED No. 6 M. Kutrybala - Application to renovate nine apartments and a tavern at 1920 Niagara Street. Item No. 111, C.C.P., December 23, 1991. The City Planning Board at its regular meeting held Tuesday, January 14, 1992, considered the above application pursuant to Section 511-68 of the Buffalo Code, Niagara Coastal Special Review District. The applicant seeks to renovate an existing ground floor commercial area and nine existing apartments. No new apartments are anticipated. The site is located in a CH zone which permits such uses. The nine existing apartments currently share a common parking lot with an adjoining apartment building. Under S.E.Q.R., the proposed renovations are considered a Type II action which does not require further environmental review. The Planning Board voted to approve the renovation as submitted. RECElVED AND FILED. No. 7 P. Kamke - Request to convert a portion of a front apartment to a residential beauty parlor at 82 Prospect Avenue. Item No. 110, C.C.P., December 23, 1992. The City Planning Board at its regular meeting held Tuesday, January 14, 1992, considered the above request pursuant to Section 511-12 of the Buffalo Code, Review of Residential Beauty Parlors. The applicant seeks to convert a portion of an existing dwelling unit consisting of approximately 237 square feet into a two-chair, accessory, residential beauty parlor. The site is located in an R3 zone which permits residential beauty parlors. Under S.E.Q.R., the proposed beauty parlor is considered a Type II action which does not require further environmental review. Lastly, the site is located in the West Village Preservation District but no exterior work is anticipated. The Planning Board voted to approve the proposed residential beauty parlor. REFERRED TO THE COMMlTTEE ON LEGlSLATION. No. 8 PARKING PAD 709 Linwood Ave. Item No. 85, C.C.P. 12/23/91. The City Planning Board at its regular meeting held Tuesday, December 31, 1991, considered the above request pursuant to Section 511-97 of the Buffalo Code. The applicant seeks to build a parking pad in the front yard of 709 Linwood Avenue. The site is located in an "R2" zoning district. Section 511-97 of the Buffalo Code prohibits parking pads in the front yard of any "R" zoning district. The Planning Board voted to deny this application. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BUFFALO PRESERVATION BOARD No. 9 Proposed Landmark Designation Buffalo Savings Bank Building (former Goldome Bank) 543-553 Main Street Buffalo, New York 14203 At its regular meeting December 19, 1991, the Buffalo Preservation Board, having conducted a public hearing on December 5, 1991, as required by the Preservation Standards of the Buffalo Code, recommended designation of the Buffalo Savings Bank Building, (former Goldome Bank), at 543-553 Main Street, as a local historic landmark. This recommendation is the result of findings contained in a report prepared by the Board's Landmark Designation Committee. A copy of the Committee report and the Landmark Application/Photos are enclosed for your information. (refer to attachments 1 & 6.) The Preservation Board determined that this structure meets the following criteria specified in the Code for landmark designation: a) It has character, interest or value as part of the development and heritage of the City of Buffalo; b) It exemplifies the historic and economic heritage of the City; c) It is identified with persons who significantly contributed to the development of the City; d) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type and method of construction; e) It embodies elements of design detailing, materials or craftsmanship that render it architecturally significant; f) It is a unique location and contains singular physical characteristics that make it an established or familiar visual feature within the city. The recommended designation is for the imperial neo-classic styled building, (c.1900-1901), located on the irregularly shaped lot at the intersection of Main, Huron and Genesee Streets. The proposed designation does not include the recently completed Goldome Center, (c. 1984), located to the north of the bank building. (Refer to site map, attachment 2.) Pursuant to Article III, Section 337-9 through 12 of the Preservation Standards, the Committee on Legislation shall hold a public hearing on the aforementioned item and report back to the Common Council with a recommendation on its findings. For your information, the Federal Deposit Insurance Corporation is the receiver for Goldome and the Niagara Asset Corporation is the contract servicer to the FDIC. The property owner, FDIC, neither opposes nor supports the landmark designation. (Refer to attachments 3,4,5.) Receiver contact person - Ms. Stella McAnally FDIC - Assistance Transaction Branch 14275 Midway Road, Suite 150 Dallas, Texas 75244 Servicer contact person - Mr. Ralph J. Foscolo, Jr. President & Chief Operating Officer Niagara Asset Corporation 3 Fountain Plaza Suite 500 Buffalo, New York 14203-1489 For the record, the vote by the Preservation Board on this item was as follows: AYES Bis, Conlin, Forton, Fox, Leary, Levin, Lownie, Rumsey NAYES None ABSENT Deck, Draper, Krasowski Motion carried. The application was sponsored by the Honorable George K. Arthur, President of the Buffalo Common Council and was prepared by the Preservation Coalition of Erie County, P.O. Box 768, Buffalo, New York, 14213. If you have any questions, please contact James P. Mandell, Board Secretary, at extension 5071/5029. REFERRED TO THE COMMlTTEE ON LEGISLATION. FROM THE COMPTROLLER No. 10 Capital Debt Service Fund Trustee Certificate CERTIFICATE NUMBER 2-91-92 OF THE COMPTROLLER OF THE CITY OF BUFFALO NEW YORK, RELATIVE TO THE CAPITAL DEBT SERVICE FUND OF SAID CITY, STATING THE AMOUNTS TO BE DEPOSITED THEREIN AND PAID THEREFROM FOR THE PERIOD COMMENCING JULY 1 1991 AND ENDING JUNE 30, 1992 I, JOEL A. GIAMBRA, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund Determining the Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, DO HEREBY CERTIFY as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 1991 and ending June 30, 1992 is $29,581,867.07. 2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 1991 through and including November 30, 1991, is $9,069,043.11. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 1991 through and including June 30, 1992, is $20,512,823.96. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 1991 and ending December 31, 1991 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bonds $1,736,832.50 7/31/91 Chase Manhattan, N.A. New York, New York Serial Bonds 580,572.50 8/1/91 " Serial Bonds 968,671.26 8/30/91 Marine Midland, N.A. New York, New York Serial Bonds 474,110.00 9/1/91 Chase Manhattan, N.A. New York, New York Serial Bonds 797,296.25 9/30/91 " Serial Bonds 251,055.00 10/1/91 " Serial Bonds 556,991.25 10/31/91 " Serial Bonds 1,367,698.10 11/1/91 " Serial Bonds 506,811.25 11/29/91 " Serial Bonds 920,967.50 11/29/91 M & T Trust Company Buffalo, New York Serial Bonds 110,000.00 12/1/91 " Serial Bonds 798,037.50 12/1/91 Chase Manhattan , N.A. New York, New York $9,069,043.11 5. The aggregate amount to be deposited by the Director of the Treasury with the Norstar Bank, Buffalo, New York, commencing on July 1, 1991 is $9,069,043.11. 6. The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing January 1, 1992, and ending June 30, 1992, 011 the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bonds $907,084.35 1/31/92 M & T Trust Company Buffalo, New York Serial Bonds $85,972.50 1/31/92 Chase Manhattan, N.A. New York, New York Serial Bonds 2,620,842.50 2/1/92 " Serial Bonds 968,671.26 2/28/92 Marine Midland, N.A. New York, New York Serial Bonds 1,910,000.00 3/1/92 " Serial Bonds 12,050.00 3/1/92 Chase Manhattan, N.A. New York, New York Serial Bonds 588,726.25 3/31/92 " Serial Bonds 2,574,305.00 4/1/92 " Serial Bonds 556,991.25 4/30/92 " Serial Bonds 1,035,609.60 5/1/92 " Serial Bonds 506,811.25 5/29/92 " Serial Bonds 917,722.50 5/ 29/92 M & T Trust Company Buffalo, New York Serial Bonds 1,020,000.00 6/1/92 " Serial Bonds 6,808,037.50 6/1/92 Chase Manhattan , N.A. New York, New York Total $20,512,823.96 7. The aggregate amount to be deposited by the Director of the Treasury with the Norstar Bank, Buffalo, New York, commencing on December 1, 1991 is $20,512,823.96. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, Norstar Bank, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. I have this day delivered a copy of Certificate Number 2-91/92 to the Director of Treasury and to the Norstar Bank, Buffalo, New York. RECEIVED AND FILED. No. 11 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - DEPARTMENT OF STREET SANITATION We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $5,324 be transferred and reappropriated from various accounts in Appropriation Allotments - Department of Street Sanitation, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. DATED: BUFFALO, NEW YORK, DECEMBER 24, 1991 RECEIVED AND FILED. No. 12 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - COMMON COUNCIL DEPARTMENT OF FIRE We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $50,000 be transferred and reappropriated from various accounts in Appropriation Allotments -Common Council, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. DATED: BUFFALO, NEW YORK, DECEMBER 24, 1991 RECEIVED AND FILED. No. 13 INCREASED APPROPRIATION APPROPRIATION ALLOTMENTS RESERVED FUND BALANCE DIVISION OF INVENTORY & STORES We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 41 of the Charter, that an increase in the sum of $4,000 in the estimates for the fiscal year beginning July 1, 1991 is necessary in Appropriation Allotments -Division of Inventory & Stores to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 100-890-050 - Fund Balance Reserve for Capital Budget Appropriations not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: DATED: BUFFALO, NEW YORK, JANUARY 3, 1992 RECEIVED AND FILED. No. 14 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - EXEMPT ITEMS- WATER ENTERPRISE FUND - WATER We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $33,500 he transferred and reappropriated from various accounts in Appropriation Allotments - Exempt Items -Water, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, New York, January 8, 1992 RECEIVED AND FILED. No. 15 Comptroller's Appointments Citizens Funding Review Committee Please be advised that I am making the following two (2) appointments to the Citizens Funding Review Committee. Angela J. Filippone 41 Knox Avenue Buffalo, New York 14216 Mary Jo Hunt 6 Middlesex Road Buffalo, New York 14216 RECEIVED AND FILED. No. 16 NewYork State Comptroller City Financial Report Overdue This is to advise that the subject report is presently being compiled and we anticipate delivery to the New York State Comptroller on or about January 31, 1992. RECEIVED AND FILED. No. 17 Interfund Loan Request Due to changes in the Internal Revenue Code enacted in 1986, I have had to develop new procedures to implement the financing of the Capital Improvements Budget. One of these procedures is an interfund loan from the City General Fund to the City, Board and Enterprise Capital Projects Funds. The interfund loan will then be repaid when Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance various projects and we will not reenter the bond market until more projects have requested funding. We are requesting that you approve an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $25,000 for Improvements to Tenth Street Playground. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen. 200 Cap. Proj. 200-601-032 BAN/Bond Sale $25,000 Mr. Fahey moved: That the communication from the Comptroller dated January 16, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $25,000.00 for Improvements to Tenth Street Playground. PASSED. AYES - 13 NOES - 0. No. 18 Permission to Negotiate 59 Ash, E 123.66' S Sycamore Vacant Land: 25' x 142' Assessed Valuation: $800 163 Sycamore, SE E Cor Ash Vacant Lot: 50.25' x 100' W Assessed Valuation: $2,500 Sold to B.E.D.C. The Office of the Comptroller, Division of Real Estate, has received a request from Jack Getman, Attorney for McLean-Thomas, Inc. of 266 Broadway to purchase the above captioned properties. McLean-Thomas, Inc. would like to purchase these properties for a parking facility for their business located at 266 Broadway. 59 Ash Street adjoins other property owned by McLean-Thomas. However, 163 Sycamore was purchased by Buffalo Enterprise Development Corp. (B.E.D.C.) as part of the Commercial Land Bank. McLean-Thomas has been advised to contact B.E.D.C. The Departments of Inspections and Community Revitalization and Community Development have been contacted and they have no objections to this sale., The Tax and Demolition Lien Offices were contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for 59 Ash Street and report back to Your Honorable Body the results of negotiations. REFERRED TO THE COMMITTEE ON FINANCE. No. 19 Permission to Negotiate 173 Mulberry, E S Cor. Carlton Lot Size: 132.42' x 100'S, 102.50' on Carlton Assessed Valuation: Land:$ 4,800 Improvement: 16,700 Total:$ 21,500 The Office of the Comptroller, Division of Real Estate, has received a request from James F. Anderson on behalf of James Management Company, Inc. 200 John James Audubon Parkway, Suite 103, West Amherst, New York 14228 to purchase the above captioned property. James Management would like to purchase this property and rehabilitate it. This office, therefore, is requesting that we be permitted to negotiate a private sale on the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated January 7, 1992 be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with James Management Company, Inc., 200 John James Audubon Parkway, Suite 103, West Amherst, New York 14228, for the private sale of 173 Mulberry Street, Buffalo, New York, 14204, and report to this Honorable Body the results of such negotiations. ADOPTED. No. 20 Results of Negotiations 126 Nevada, West 486.10' South of E. Ferry Vacant Lot: 30' x 105' Assessed Valuation: $800 Item # 17, C.C.P. 9/3/91 In the above referenced item your Honorable Body authorized the office of the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. & Mrs. Douglas Sanders of 124 Nevada. Mr. & Mrs. Sanders would like to purchase this property for off street parking purposes. An independent appraisal of the property was conducted by Jerome E. Goldstein, 1060 Ellicott Square Building, 295 Main Street, Buffalo, New York 14203. He has estimated the fair market value of the property to be Eight Hundred Dollars ($800). This would indicate about Twenty-five cents ($.25) per square foot. The Division of Real Estate has investigated sales of similar properties in the area. Recent, sales indicate values to be in the neighborhood of twenty-six cents ($.26) per square foot to thirty-one cents ($.31) per square foot, indicating a value of Eight Hundred ($800) to One thousand Dollars ($1,000) for the subject property. The results of our negotiations are that Mr. & Mrs. Sanders have agreed and are prepared to pay Nine Hundred Dollars ($900) for the property. They will also pay for the costs of the appraisal, transfer tax and cost of the legal description. Therefore, I a recommending that your Honorable Body authorize the sale of 126 Nevada Street to Mr. & Mrs. Douglas T. Sanders, Jr., 124 Nevada Street, Buffalo, New York 14211, in the amount of Nine Hundred Dollars ($900). I further recommend that your Honorable Body authorize the Mayor to execute the necessary documents to transfer the property. Mr. Fahey moved: That the above communication from the Comptroller, dated January 15, 1992, be received and filed; and That the offer of Mr. & Mrs. Douglas Sanders, Jr., residing at 124 Nevada Street, Buffalo, New York 14211, in the sum of Nine Hundred ($900.00) Dollars to purchase: 126 Nevada Street, Buffalo, New York, 14211, be and hereby is accepted; and That the appraisal report, requested by the City, and transfer tax, and cost of legal description will be paid by the purchaser; and That the Mayor be, and he hereby is, authorized to execute a deed, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED AYES - 13 NOES - 0. No. 21 Transfer 346 Austin to BURA NE Corner of Joslyn Land Value: $8,000 Total Value: $105,900 Item #89, C.C.P. 1/7/92 In the above referenced Item your Honorable Body has asked for a response from the Comptroller's office. The above Item is a resolution "authorizing the Director of Real Estate to transfer 346 Austin to BURA for the purpose of soliciting competitive proposals for residential housing." The property at 346 Austin is the former Precinct # 13 and in recent years has been operated by the Department of Human Resources as a youth center. These youth services have been discontinued by the Department of Human Resources and the property is now vacant. The property is improved with a three-story brick structure situated on a parcel having a frontage of 80' and a depth of 100'. The exterior of the structure is in excellent condition with recent renovations to the windows and roof. The interior of the property is in fair condition and could support a variety of residential or commercial uses. The subject property is a capital asset. The sale of an abandoned capital asset is outlined in Article 27, Section 513 of the City Charter; "after an appraisal or after the receipt of bids made at public auctions... ,the Council made by 2/3 votes of all the members elected thereto authorize the sale of real property acquired by the City for public use, which has not been appropriated thereto, or the use of which for such purposes has been abandoned... ." The resolution speaks to the Director of Real Estate transferring the property to BURA. Article 27, Section 522 of the City Charter states "any interest therein or appurtenances thereto belonging to or in the control of the City, necessary for or incidental to the clearance, replanning, development or redevelopment, ... or for Urban Renewal may be sold or leased for a term not exceeding 99 years or otherwise disposed of, to any person, firm or corporation at public auction or by sealed bids at the highest marketable price or rental, when authorized by resolution of the Common Council, which shall designate the officer to conduct such sale or the lease together with the terms and conditions thereof. The office of the Comptroller, Division of Real Estate, will assist in carrying out the intent of the resolution by working with the Buffalo Urban Renewal Agency to develop the property into residential housing. Therefore, I am recommending that your Honorable Body authorize the Comptroller, Division of Real Estate, to negotiate with the Buffalo Urban Renewal Agency for the Development of 346 Austin Street into residential housing, and report the results of negotiations back to Your Honorable. RECEIVED AND FILED. No. 22 Report of Bids Collection of Uncollected Accounts (Various) Owed to the City of Buffalo We asked for and received the following proposals for collection agency services on behalf of the City of Buffalo for uncollected accounts. Great Lakes Bureau, Inc. 28% - Flat percentage 625 Delaware Avenue of all funds collected Buffalo, NY 14202 Amana Capital Corp.26% fee of the first $100,000 6245 Sheridan Drive24% of the second $100,000 Williamsville, NY 14221 22% of collections over $200,000 I hereby certify that the above is a true and correct statement of all proposals received. Based on our review of the proposals, Amana Capital Corporation is the best qualified to perform these services for the City of Buffalo. Please be further advised that since the payment method is unique and not specifically regulated by Charter and/or Ordinances, ie., "26% of total amount collected under $100,000, 24% of total amount collected next $100,000 and 22% of total amount collected over $200,000 that no payment shall be made by the City against uncollected accounts submitted to the company. REFERRED TO THE COMMITTEE ON FINANCE. No. 23 Status of Overtime for City Employees In an effort to keep Your Honorable Body informed as to the current status of overtime for City employees, a compilation of overtime disbursements by department accompanies this filing. You will note this compilation updates the report my office filed with Your Honorable Body in November 1991. From this compilation, it is obvious that minimal efforts are being made by certain departments to lessen the amount of overtime by City employees. Our calculations indicate that only 15.6% of the allocation of budgeted overtime remains for the entire City workforce and that one department, Fire, has already exceeded its budget line by 76% with Police, Streets and Parks very close to depleting their allocations. With six months remaining in the current fiscal year, the overtime situation threatens to compound the financial problems the City is experiencing. I certainly hope all City departments will take notice and initiate additional steps to lessen the use of overtime. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 24 Establish Policy for Construction of New Housing Projects and Selection of Developers Item # 161, C.C.P.-12/23/91 The above Resolution was referred to the Committee on Economic Development and various City Departments and Agencies. The Resolution speaks for the need to establish a "long range master plan" to improve the current approval process for new housing projects, the selection of developers and the sale of City-owned In-Rem properties to B.U.R.A. I would like to address the issue of the sale of In-Rem properties to B.U.R.A. The effect of transferring In-Rem property to B.U.R.A. for $1 has been a particular concern of this office and the Division of Real Estate for some time. The most recent audit report completed on the Division of Real Estate's In-Rem operation, Item #19, C.C.P. 11/29/91, has pointed out that the transferring of In-Rem properties for $1.00 "has resulted in the City recording demolition and other operating expenses for these properties, allocating these expenses to the City, County and the Buffalo Sewer Authority under the expired Tri-Party Agreement, with no evident possibility of sharing any future sales or rental income involving these properties." In-Rem properties are transferred to the City of Buffalo, Division of Real Estate in accordance with an agreement (Tri-Party Agreement) between the City of Buffalo, County of Erie and the Buffalo Sewer Authority. The operating, demolition and maintenance expenses incurred as well as net income or loss associated with In-Rem operations are recorded by the Division of Real Estate. The distribution of net income or loss is allocated at a ratio of 68.4% to the City, 27. 9% County and 3.7% Sewer Authority. Any loss of income from the sale of In Rem property for less than fair and adequate consideration reduces the City's ability to recover expenditures. In all instances the City, County and Sewer Authority have lost tax revenues and in many instances the City has spent thousands in demolition and maintenance of In-Rem properties. The Common Council routinely transfers In-Rem properties to B.U.R.A. for One Dollar ($1.00) which are later sold by B.U.R.A. to developers for new housing projects. Albeit the transfers benefit the public through the creation of new construction and thusly, future tax revenues, the revenues from the sale of In-Rem properties by B.U.R.A. to the developer are realized by B.U.R.A. The City does not participate in these revenues. The City of Buffalo should not incur the lions share of the expenses without the benefit of income from the sale of In-Rem properties by B.U.R.A. to private developers. The above audit report recommends that if In-Rem properties are transferred to B.U.R.A. that "the cumulative expenses allocated to these properties be adjusted to reflect removal of the applicable charges recorded as due from Erie County and the Buffalo Sewer Authority." Although the City, County and the Sewer Authority may very well benefit from the aforementioned recommendation the City would lose the benefit of having these properties available in inventory, under the City's jurisdiction and control, for future projects. Therefore, I am recommending that the Common Council consider that any future transfers of In-Rem properties to B.U.R.A. be sold to them at a minimum of $1,000 per lot. In many instances there will still be a loss on an individual property. However, establishing a $1,000 minimum per lot will generally maximize income received from the sale of In-Rem properties that expenditures are off-set against in the Tri-Party Agreement. REFERRED TO THE COMMlTTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF PUBLIC WORKS No. 25 Monthly Report Licenses Issued December 1991 I am respectfully submitting the enclosed report of licenses issued in the month of December 1991 by the Division of License. RECEIVED AND FILED. No. 26 Extension of Time on Contract Exterior Recaulking City Court Building In accordance with the terms of the contract between the City of Buffalo and Progressive Weatherproofing, Inc., C-91635700 the work should have been completed by October 12, 1991. Due to poor weather conditions this contractor could not complete the work of this project on time. This is the first extension of time on this project. I have granted an extension of time to April 30,1992 to Progressive Weatherproofing, Inc. to complete the work of their contract. RECEIVED AND FILED. No. 27 Extension of Time on Contract Reconstruction of Dudley Branch Library In accordance with the terms of the contract between the City of Buffalo and Bennett Electrical Contractors, Corp., C-91588800, the work should have been completed by April IS, 1991. Due to defective parts in the light fixtures ordered for this project this contractor could not complete the work of this project on time. This is the first extension of time on this project. I have granted an extension of time to December 18, 1991 to Bennett Electrical Contractors, Corp. to complete the work of their contract. RECElVED AND FILED. No. 28 Extension of Time on Contract Concession & Public Facilities Bldg Ontario Boat Launch Site Foot of Ontario street In accordance with the terms of the contract between the City of Buffalo and LCP Construction Corp. C-91634100, the work should have been completed by January 3, 1992. Due to poor weather conditions this contractor could not complete the work of this project on time. This is the first extension of time on this project. I have granted an extension of time to May 15, 1992 to LCP Construction Corp. to complete the work of their contract. RECEIVED AND FILED. No. 29 Extension of Time on Contract Reconstruction of Pools various Locations - 1991 In accordance with the terms of the contract between the City of Buffalo and Gerald T. Stay Co., Inc. the work should have been completed by June 15, 1991. Due to a change in contract on this project this contractor could not complete the work of this project on time. This is the first extension of time on this project. I have granted an extension of time to July 5, 1991 to Gerald T. Stay Co. to complete the work of their contract. RECEIVED AND FILED. No. 30 Extension of Time on Contract Reconstruction of Precinct # 4 485 Michigan Avenue In accordance with the terms of the contract between the City of Buffalo and Leising Bros. Corp., C-91583000, the work should have been completed by May l, 1991. Due to a delay in the construction of the irregular size doors necessary for this project this contractor could not complete their work on time. This is the second extension of time on this project. I have granted an extension of time to January 10, 1992 to Leising Bros. Corp. to complete the work of their contract. RECEIVED AND FILED. No. 31 Extension of Time on Contract Exterior Stair Reconstruction Buffalo Museum of Science In accordance with the terms of the contract between the City of Buffalo and Vara-Science, Inc. C-91644300, the work should have been completed by March 8, 1992. Due to poor weather conditions this contractor could not complete the work of this project on time. This is the first extension of time on this project. I have granted an extension of time to May 29, 1992 to Vara-Science, Inc. to complete the work of this contract. RECEIVED AND FlLED. No. 32 Extension of Time on Contract Parapet Reconstruction Shea's Buffalo Theatre In accordance with the terms of the contract between the City of Buffalo and Vara-Science, Inc. C-91644400 the work should have been completed by January 31, 1992. Due to winter weather conditions this contractor could not complete the work of this project on time. This is the first extension of time on this project. I have granted an extension of time to May 29, 1992 to Vara-Science, Inc. to complete the work of their contract. RECEIVED AND FILED. No. 33 Welcome Signs Item No. 170, C.C.P. 12/23/91 In reply to Council Item #170, C.C.P. 12/23/91, at all major entries under City of Buffalo jurisdiction, signs are already in place welcoming visitors to "The City of Good Neighbors." The additional signage you requested would be installed along highways under the jurisdiction of the New York State Department of Transportation and Thruway Authority. If requested, we will contact the D.O.T. and Thruway Authority to install signs similar to those already in place. RECEIVED AND FILED. No. 34 Abandonment & Sale Portion of Seattle St. (Item #135, C.C.P., 12/10/91) The above captioned resolution has been referred to the Commissioner of Public Works for his recommendation. Although Seattle Street is described as running from Englewood Avenue to North Parker Avenue. in reality it is "dead ended" by the railroad right of ways. The city of Buffalo has acquired the former N.Y. L. & W.R.R. right of way which abuts the westerly line of the Kenmore Englewood Plaza property. This former right of way parcel is under the jurisdiction of the Buffalo Urban Renewal Agency. The Urban Renewal Agency parcel also abuts the westerly end of Seattle Street and therefore possibly, has an interest in the street. In order for this Department to recommend to the Common Council that the street be closed, abandoned and offered for sale we would have to be assured that all the abutting property owners agree to the abandonment. A brief investigation of this matter indicates that presently there is a public sewer and a 6 inch public watermain in that portion of Seattle in question. The Department of Public Works has no plans for that portion of Seattle Street which is proposed for abandonment. We would be prepared to recommend to the Common Council the abandonment and sale of that portion of Seattle Street, subject to the following conditions; 1. That all abutting property owners agree to the abandonment. 2. That the street be sold subject to the rights of the Sewer Authority, Division of Water and the utility companies to enter upon the land for the purpose of maintenance of any utility lines they may have running over, under or across the land. 3. That the foregoing abandonment, discontinuance and closing of said street shall not become finally effective until the deed conveying any interest of the City of Buffalo in and to such premises has been recorded in the Erie County Clerk's Office. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 35 Emergency Repairs to Asphalt Paver -Authorization of Payment to Gateway Equipment Corporation I hereby submit to your Honorable Body the following request for payment to Gateway Equipment Corporation for emergency repairs to the Division of Engineering's Asphalt Paver The Asphalt Paver, which was purchased from Gateway Corporation in February 1991, required emergency repair service on August 17,1991 in the course of paving operations on that date The service consisted of repairs to damaged steering gauge and bracket, and a punctured tire. Removal of the tire required a disconnect of the wiring harness and hydraulic lines, which if serviced by others would invalidate the dealer's warranty. The repair bill, which totalled $1,603.74, submitted by Gateway Equipment Corporation, was reviewed by the Division of Engineering, and was found to be fair and equitable for the work involved It is therefore respectfully requested, and I recommend that your Honorable Body authorize payment to Gateway Equipment Corporation of $1,603.74 for the repairs of the Asphalt Paver Funds for these repairs are available in Division of Engineering O&M Account #l00-401-015-00-423. REFERRED TO THE COMMITTEE ON FINANCE. No. 36 Monthly Local Assessment In accordance with Section 571 of the charter, I hereby request that on October 26, 1991, I have caused the improvement of repairing the sidewalks at the following address: 2245-2247 Genesee- $4,175.24 I respectfully request that the Commissioner of Assessment be directed to assess the cost and expense thereof in the amount of $4,175.24. An additional 5% was included in this total as an inspection charge. The work was done by Campobello Const., Co., Inc. under contract no. 91632800. Each of the properties contained herein were notified in the appropriate manner and in accordance with the terms of Section 15, Chapter 4 of the City Ordinances. Every effort and consideration was extended to these property owners to minimize the amount of concrete replacement performed at each location. RECEIVED AND FILED. No. 37 PERMISSION TO HIRE CONSULTANT TO PREPARE PLANS & SPECS & ADVERTISE FOR BIDS FOR ROADS IN THE HEWITT/ROBINS & ST. COLUMBA SUBDIVISIONS I hereby request that your Honorable Body authorize the Commissioner of Public Works to engage the services of a consultant engineer to prepare plans and specifications and advertise for sealed proposals for the construction and reconstruction of pavement along with necessary sewer, water, street lighting, traffic, curb and walk work at the following locations: (A) Hewitt/Robins Subdivision (Halbert Street and Pauline Street) (B) St. Columba Square Subdivision (North Division and Hickory Area) Funds will be made available in the appropriate account in the Division of Engineering after a transfer of funds. Mr. Fahey moved: That the communication from the Department of Public Works dated January 13, 1992, be received and filed; and That the Commissioner of Public Works be, and is authorized to engage the services of a consultant engineer, Hewitt/Robbins Subdivision for Halbert Street and Pauline Street reconstruction and St. Columba Subdivisions for North Division and Hickory Area reconstruction with said costs to be charged to the appropriate account in the Division of Engineering after a transfer of funds. PASSED. AYES - 13 NOES - 0. No. 38 PERMISSION TO HIRE CONSULTANT TO PREPARE PLANS & SPECS & ADVERTISE FOR BIDS FOR ROADS IN THE WALDEN HEIGHTS SUBDIVISION I hereby request that your Honorable Body authorize the Commissioner of Public Works to engage the services of a consultant engineer to prepare plans and specifications and advertise for sealed proposals for the construction and reconstruction of pavement along with necessary sewer, water, street lighting, traffic, curb and walk work at the Walden Heights Subdivision. Funds will be made available in the appropriate account in the Division of Engineering after a transfer of funds. Mr. Fahey moved: That the communication from the Department of Public Works dated January 14, 1992, be received and filed; and That the Commissioner of Public Works be, and is authorized to engage the services of a consultant engineer, for construction and reconstruction of Walden Heights Subdivision with said costs to be charged to the appropriate account in the Division of Engineering after a transfer of funds. PASSED. AYES - 13 NOES - 0. No. 39 Report of Bids Electrical Reconstruction Fire Department Headquarters 195 Court Street I advertised for on December 17, 1991 and received the following sealed proposals which were publicly opened and read on January 7,1992. Industrial Power & Lighting 126,395.00 Goodwin Electric 133,270.00 CVM Electric, Inc. 134,392.00 Tunney Electric, Inc. 139,000.00 Wittburn Enterprises, Inc. 144,800.00 Weydman Electric, Inc. 144,977.00 Bennett Electrical Const. 148,290.00 CIR Electrical Construction Co. 154,850.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Industrial Power & Lighting 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 will be available in B/F 200-402-065 - Division of Buildings. Estimate for this work was $170,000.00. Mr. Fahey moved: That the communication from the Department of Public Works dated January 7, 1992, be received and filed; and That the Commissioner of Public Works be, and is authorized to award contract for Electrical Reconstruction, Fire Department Headquarters, 195 Court Street, in the amount of $126,395.00 to Industrial Power & Lighting, the lowest responsible bidder with said costs to be charged to the Division of Buildings B/F 200-402-065. PASSED. AYES - 13 NOES - 0. No. 40 Change in Contract Masonry Reconstruction East Delavan Branch Library I herewith submit to Your Honorable Body the following change in contract for the Masonry Reconstruction, East Delavan Branch Library, Progressive Weatherproofing, Inc. Acct No. 10653380: 1. Furnish and install new stainless steel angle to retain marble panels on building front. ADD $2,800.00 After removal of a brick corner of the building and one marble panel it was determined that the marble Panels were deflecting causing the masonry corners to crack. The foregoing change results in a net increase in the contract of Two Thousand Eight Hundred and 00/100 Dollars ($2,800.00). Summary Original Amount of Contract $3,750.00 Amount of this change (No. l) ADD 2,800.00 Revised Amount of Contract $6,550.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in Buildings O&M Acct # 100-40-2031-00-560. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Commissioner of Public Works dated January 2, 19.92, be and the same hereby is received and filed; and That the Commissioner of Public Works be and he hereby is authorized to issue a change order to Progressive Weatherproofing, Inc., in the amount of $2,800.00 for additional work under Contract No. 10653380 for work relating to Masonry Reconstruction, East Delavan Branch Library, with said cost to be charged against Buildings O&M Acct # 100-40-2031-00-560. PASSED. AYES - 13 NOES - 0. No. 41 Change in Contract New Building Old First Ward Community Center Republic & Tennesee Streets I herewith submit to Your Honorable Body the following change in contract for the New Building, Old First Ward Community Center, Republic & Tennessee Sts, Buffalo, New York, Burgio & Campofelice, Inc. C-91610400: 1. Furnish and install one additional door, frame and hardware in Sr. Citizens room. ADD $1,961.00 2. Furnish and install accelguard add mixture to mortar. ADD $ 358. 62 3. Change from Ducini Block to Buffalo Block. DEDUCT $ 227.00 4. Add four control joints in gymnasium walls. ADD $ 642.00 A additional door is required in the Sr. Citizens room to meet emergency exiting requirements. The accelguard add mixture is to allow us to continue brick and block wall construction into colder temperatures. The foregoing change results in a net increase in the contract of Two Thousand Seven Hundred thirty-four and 62/100 Dollars ($2,734.62). Summary Original Amount of Contract $1,567,037.00 Change Order No. l CCP 53 12-23-91 ADD 834.59 Amount of this change (No. 2) ADD 2,734.62 Revised Amount of Contract $1,570,606.21 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-024 - 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. That the communication from the Commissioner of Public Works dated January 14, 1992, be and the same hereby is received and filed; and That the Commissioner of Public Works be and he hereby is authorized to issue a change order to Burgio & Campofelice, Inc., in the amount of $2,734.62 for additional work under Contract 91610400 for work relating to an additional door in the Sr. Citizens Room in new building of Old First Ward Community Center, Republic and Tennessee Streets, with said cost to be charged against Bond Fund #200-402-024. PASSED. AYES- 13 NOES - 0. No. 42 New Parking Meter Locations The attached is a list of proposed new parking meter locations agreed to by the Department of Public Works and Parking Violations Bureau. It is determined that approximately 1,135 parking meters can be installed thereby increasing revenues. The Department of Public Works would again petition the Council for approval of parking meters at these locations. REFERRED TO THE COMMITTEE ON FINANCE. No. 43 2323 Main Street requests permission to install awning within city right of way Mr. Paul Johnson, owner of Johnson & Son, General Contractors, located at 2323 Main Street, has requested permission to install an awning which would encroach city right of way at said address. The proposed awning would measure three feet six inches in height , thirty-six feet in length on Main Street, ten feet in length on Oakwood Place, and project three feet from the building face into city right of way. The department of Public Works has reviewed Mr. Johnson's application pursuant to Chapter 413-56 (awnings, canopies and marquees) of the City Ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. Mr. Fahey moved: That the communication from the Department of Public Works dated January 15, 1992, be received and filed; and That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Paul Johnson, owner of Johnson & Son, General Contractors, located at 2323 Main Street, to install an awning 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 awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. PASSED. AYES - 13 NOES - 0. FROM THE COMMISSIONER OF PARKS No. 44 Waive Fee for City Bandshell Item #174, C.C.P. December 23, 1991 I received this communication from Your Honorable Body after you unanimously approved requesting the Parks Department to waive the fees for use of the City Bandshell for Unifest 1992. By honoring this request, we would be opening the proverbial pandora's box. You and I well know that if we do this for one organization Your Honorable Body would be besieged with requests from any other worthy organizations who would also want the fee waived. For your info the Bandshell was used fifty-six times last year ,and I pose this question to Your Honorable Body: To whom do you say "Yes" to, and to whom will you say 'No" to. I, as Acting Parks Commissioner, am sorry to say that I cannot honor this request. RECEIVED AND FILED. No. 45 Reduction in Retention Improvements to Walden Park Contractor 191626500 I hereby submit to Your Honorable Body the following request for a reduction in retention for the subject contract. The contractor, Birch Grove Landscaping and Nursery, Inc., has completed all work items on the contract';: and only has some remedial punch list tasks to perform in the Spring of 1992. Therefore, I am respectfully requesting Your Honorable Body's authorization to reduce the retention to 3%, or $3,292.05, which exceeds the value of the remedial tasks required to close out this contract. Mr. Fahey moved: That the communication from the Department of Parks dated January 15, 1992, be received and filed; and That the Commissioner of Parks be, and hereby is authorized to reduce retention of Birch Grove Landscaping and Nursery, Inc. for improvements to Walden Park to 3% or $3,292.05. PASSED. AYES - 13 NOES - 0. No. 46 AUTHORITY TO DRAW SPECIFICATIONS AND ADVERTISE FOR SEALED PROPOSALS FOR A CONCESSION AT LASALLE PARK Authorization of Your Honorable Body is hereby requested to proceed with the preparation of specifications and to advertise for sealed proposals for the operation of a food concession at LaSalle Park beginning with the 1992 season. Mr. Fahey moved: That the communication from the Acting Commissioner of Parks dated January 16, 1992 be received and filed, and That the Acting Commissioner of Parks be and he hereby is authorized to proceed with the preparation of specifications and to advertise for sealed proposals for the operation of a food concession at LaSalle Park beginning with 1992 season. PASSED. AYES - 13 NOES - 0. FROM THE COMMISSIONER OF POLICE No. 47 PERMISSION FOR THE MAYOR TO EXECUTE THE 1992-1993 COMBAT GRANT PROGRAM RENEWAL CONTRACT Item # 95, C.C.P. 01/08/91 Our Department is requesting authorization for the Mayor to execute the proposed COMBAT renewal agreement (copy attached) between the City of Buffalo and the New York State Division of Criminal Justice Services for the period April 1, 1992 through March 31, 1993. Under this agreement, the State will provide the City of Buffalo with $300,000 to enhance the City's crime fighting capabilities. These funds will assist in the reduction of street drug traffic through increased police presence on the City's East Side and in addition, continue the efforts the 1991-1992 grant program initiated on the City's Lower West Side. You will note on the face page of the contract that an item has been crossed out and initialed. The Division of Criminal Justice Services made a typographical error on our renewal contract face page, and when questioned by our Department, we were advised to cross out their error and initial. Howard Schwartz, Director of Program Services and Federal Liaison Unit in the Office of Funding and Program Assistance, State Division of Criminal Justice Services, stated that we should proceed in this manner due to the typographical error made on our contract renewal by the State. I am respectfully requesting that this item be submitted to the Council for approval. If additional information is required, please do not hesitate to contact Captain Edward C. Hempling, Planning and Analysis Unit at 851-4301. Thank you for your consideration. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF POLICE. No. 48 Checks Received/Deposited C.C.P. Item # 15 January 7,1992 In reference to your correspondence dated January 8,1992 seeking information concerning checks listed in the above named Item please be advised of the following: a) Included on our communication to the Council b) Included on our communication to the Council c) The revenues are the proceeds of federally forfeited property that has been transferred to the Buffalo Police Dept. These narcotics and/or gambling statutes and are either adoptive seizures (property seized exclusively through the efforts of the Buffalo Police Dept.) or joint seizures ( property seized as a result of a joint investigation between the BPD and a federal law enforcement agency). d) The amounts received are based on the amount of case participation engaged in by members of the Buffalo Police Dept., less any fees and expenses necessarily incurred by the federal government in processing and transferring the seizures. e) Refer to C.C.P. # 104, 2-2-88 f) 1-6-92 g) $189,814.98 REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF POLICE. No. 49 CERTIFICATE OF APPOINTMENT Appointment to become effective January 8, 1992 in the Department of Police, Debra A. Williams 690 Utica St. Buffalo, NY 14211 to the position of Report Technician, Permanent at the starting salary of $18,953. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CORPORATION COUNSEL No. 50 ABANDON/SELL A PORTION OF SEATTLE STREET Item No. 135, C.C.P. 12/10/91 Attached please find a communication from the Acting City Engineer along with a copy of a legal description of that portion of Seattle Street proposed for abandonment and sale. In contemplation of your action to request the Comptroller to negotiate a sale of same to the owners of the plaza, I recommend that the two attachments be forwarded to the Comptroller's Real Estate Division. Legal implications are attached to a number of facts stated in the Acting City Engineer's letter which must be addressed as a part of the contemplated abandonment and sale. My office will gladly assist the Comptroller's office with regard to same. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 51 Western New York Communications, Inc. Agreement Item No. 95, C.C.P. 12/10/91 Attached please find a proposed agreement between the City of Buffalo and Western New York Communications, Inc. (WNYC) regarding the installation and operation of customer owned currency operated telephones within City right-of-ways. Also attached for comparison purposes is a copy of an agreement proposed by WNYC. REFERRED TO THE COMMITTEE ON FINANCE. No. 52 PVB DELINQUENTS Item No. 37, C.C.P. 1/7/92 The above item is Commissioner Planavsky's response to four resolutions proposed by Councilmembers Bakos and Zuchlewski, i.e., Items 157, 158, 159 and 160, C.C.P. December 23, 1991. The Commissioner indicates his support of the resolutions but suggests that only the names of scofflaws owing One Hundred ($100.00) Dollars or more and recommends that the Common Council seek Law Department review of the legality of the additional charges to the scofflaws for publication and administrative costs associated therewith. I have assigned one of my staff to research the issue and will report back to you upon completion of the research. With respect to the remaining three resolutions and the additional measures being sought by Mr. Planavsky, I find no legal impediments as they all involve mere requests to other levels of government or public and private educational institutions seeking assistance in obtaining payment to the City by such scofflaws. REFERRED TO THE COMMITTEE ON FINANCE. No. 53 CHERRY - HICKORY REQUEST HEARING - ASSESSMENT - 344 GENESEE STREET Item No. 60, C.C.P. 10/29/91 You have asked me to clarify whether or not a collection of $5,000.00 was made on the performance bond on the above referenced property and in the event it was not whether the City still has the capabilities to collect on the bond? An intensive search of the files of the Law Department and those of the Division of Housing and Property Inspections do not reveal that any monies were collected from the surety on the performance bond. It is my intent to vigorously pursue collection. However, the surety may be able to raise one or more legal defenses to the City's claim. In that event, I will have to determine the merits of any defense raised prior to proceeding to litigation. REFERRED TO THE COMMITTEE ON FINANCE. No. 54 Anthony DeFranks - Conflict of Interest Item No. 52, C.C.P. 11/12/91 You have requested an opinion as to whether the City is involved in a conflict of interest in the case where Anthony DeFranks, who recently worked for the City of Buffalo in the Division of Housing and Property Inspections, is now working for Integrated Waste Special Services (IWSS) which handles many of the City's demolition cases. In my opinion no prohibited conflict of interest exists for the following reasons: Mr. DeFranks retired from his competitive civil service position of Assistant Director, Division of Housing and Property Inspections on August 15, 1990. According to the application forms filed by IWSS with the License and Permits Office, IWSS was incorporated in June, 1990 and did not receive its license to perform demolition work within the City until October, 1990. The Experience Questionnaire, submitted together with the license application, and signed by Roger C. Bennett, as President of IWSS, indicates that he operated in a related business under the names of Demolition of Buffalo and William W. Kimmins & Sons, Inc. Prior to November, 1987, the City Code of Ethics prohibited a city officer or employee for a period of two years following termination of city employment from receiving compensation from subsequent employers in relation to any case, application, or proceeding with respect to which the former city employee was directly concerned with, personally participated in, was under his active consideration, or with respect to which knowledge or information was made available to him during his employment. However, that particular provision of the Code of Ethics was amended per Item Number 190, C.C.P., November 10, 1987 to read as follows: "No city officer or employee shall, after the termination of service or employment with such municipality, appear before any agency of the city or receive compensation for services, in relation to any specific (emphasis supplied) case, proceeding, application or matter before a city agency or against the city's interest, in which he or she personally participated in the course of his or her service or employment." Readily apparent is the fact that the provision was modified significantly, particularly by deleting the two year time period and by limiting the situation to a specific case, proceeding, application or matter. It is clear, therefore, that based on the facts of this matter, there has been no violation of the City's Code of Ethics. REFERRED TO THE COMMITTEE ON FINANCE. No. 55 Conflict of Interest Purchase of Bennett Beach By Council President You have requested me to advise you whether a prohibited conflict of interest would exist if the City were to sell Bennett Beach to the Council President or his company. I respectfully request and recommend that this question be posed to the Board of Ethics for its consideration and opinion. REFERRED TO THE BOARD OF ETHICS. No. 56 Common Council Amendments To BURA Land Disposition Agreements Item No. 67, C.C.P. 12/23/91 You have requested a more detailed explanation of the above opinion, specifically: why must an LDA which has been amended or modified by the Common Council go back to BURA for approval? An LDA is a contract between BURA and a private redeveloper. One of the basic principles of contract law is that in order for a contract to be binding there must be a meeting of the minds of the parties. An LDA presented to the Council for its approval represents a meeting of the minds between BURR and a redeveloper as a result of negotiations between the two parties. Any changes or amendments to that LDA as approved by the Council (which is not a party to an LDA) alters the meeting of the minds previously reached. Unless those changes or amendments are mutually agreed to by BURA and the redeveloper, the LDA would not be binding. Therefore, both of the parties must be presented with the opportunity to come to a meeting of the minds with respect to the any changes or amendments approved by Your Honorable Body. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 57 Contract extension Allstate Maintenance King Cultural Center The Department of Community Development, in December 1990, awarded a general construction contract to Allstate Maintenance for exterior renovation to the former St. Mary of Sorrows Church. The duration of the contract was for a period of 288 days. As funds became available from City and State sources, additional alternatives were selected for the renovation work. Based upon the additional work, delays experienced in obtaining suitable materials per SHPO requirements, and inclement weather, we are requesting that Contract 91586400 be extended until May 29, 1992; at which time the base work and alternate work will be completed. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 58 Project Budget Fountain Plaza/Rotary Rink Pursuant to your Honorable Body's recent request for budgetary information on Fountain Plaza, I have attached hereto a financial summary of project expenses incurred and budgeted to date together with an identification of funding sources. Fountain Plaza is more than just an ice skating rink. It involved a comprehensive design for the North Block development and a complex construction agreement with the developer of Key Towers, Dev. Con. Associates. Furthermore, over two thirds of the plaza improvements were constructed on top of a parking garage, contributing significantly to the cost of the project. As I have stated previously, direct city tax dollars account for less then 15% of a total cost of $5,148,000. For purposes of clarification, project costs are divided into "Stage A" and "Stage B". "A" being that scope of work undertaken by Dev-Con Associates Inc. on behalf of the City with a construction credit arrangement pursuant to their Land Disposition Agreement (LDA) plus with subsequent interest forgiveness on their float loan administered by B.E.D.C. Stage "B" consists of that scope of work remaining contracted by BURA with funds from all other public and private sources. Stage "A" Description Deep underground plumbing, foundations, ice sheet, refrigeration equipment, Service Building shell and interior finishes Source: LDA + BEDC $2,386,000 Stage "B" Description General Construction - Ciminelli $1,202,460 Mechanical - J.D. Plumbing 215,200 Electric - Frey 238,000 Fountain Granite - Cold Spring 185,000 Architectural and Engineering - Sasaki + F.F.A. 475,000 Equipment Purchase, miscellaneous 61,546 Operating Trust 150,000 Service Building Furnishings, other purchases (pending) 135,794 Change Orders (pending) 99,000 Total $2,762,000 Site preparation, paving, sidewalks, planting (soil, trees, irrigation, airation grates), concrete, granite (pavers, steps, ramp), lighting (pylons, pedestrian standards), benches, trash receptacles, fountain (granite, mechanical), flagpoles, dasher boards, A & E Fees, tractor & Zamboni. Source: City Bonds '88- '90 $437,000 City Bonds '91 250,000 BURA Bonds 500,000 CDBG (16th + 17th Yr.) 400,000 UMTA 550,000 Rotary Foundation 500,000 Norstar Bank 100,000 Key Bank 25,000 $ 2,762,000 REFERRED TO THE COMMlTTEE ON ECONOMlC DEVELOPMENT. No. 59 Reduction in Retention Delaware Park Lake Shoreline Phase II Contract # 91600700 I hereby submit to Your Honorable Body the following request for a reduction in retention for the subject contract. The Contractor, B.D.R., Inc., has completed all but 0.5% of the contract which will be completed in the Spring of 1992. The value of the work remaining is $1,830. Therefore, I am respectfully requesting Your Honorable Body's authorization to reduce the retention to 3% of the completed contract work ($446,858) or $13,405.74 which is over seven times the value of the uncompleted work. Mr. Fahey moved: That the communication from the Department of Community Development dated January IS, 1992, be received and filed; and That the Commissioner of Community Development be and hereby is authorized to reduce retention of B.D.R. Inc. Contractor for Delaware Park Lake Shoreline Phase II, to 3% of the completed work, or $13,405.74. PASSED. AYES - 13 NOES -0. No. 60 E.A.F. P. M. Ngorc - Request to convert vacant store into a take-out restaurant at 3162 Bailey Ave.. Attached for your information is a Short Environmental Assessment Form for the matter captioned above. Mr. Fahey moved: That the communication from the Commissioner of Community Development, dated January 14, 1992, be received and filed; and That "P.M. Ngork - Request to convert vacant store into a take-out restaurant at 3162 Bailey Avenue" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment form (EAF) on this item which has been completed by the applicant (Part l) and by the City Planning Board (Part II); and Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration. ADOPTED. No. 61 Information on Pilot Field Tent Party Receipts Item # 169 C.C.P. December 23, 1991 Please be advised that this office has no information on Pilot Field Tent Party Receipts. REFERRED TO THE COMMlTTEE ON LEGISLATION. No. 62 Waterfront Redevelopment Project NYR-35 Disposition Parcel 7 - Block bounded by Erie, Lower Terrace, Bingham and Charles Street,. Approval of LDA Western New York Public Broadcasting Association The City of Buffalo Urban Renewal Agency duly designated Western New York Public Broadcasting Association, and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary fob' Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE COMMISSIONER OF STREETS No. 63 CERTIFICATE OF APPOINTMENT Appointment to become effective January 9, 1992 in the Department of Street Sanitation Richard J. Mauro 218 Okell St., Buffalo, N.Y. 14220 to the position of Training Officer (Sts), Provisional at the starting salary of $25,969. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 64 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT EMERGENCY SHELTER GRANT PROGRAM - 1992 REQUEST FOR AUTHORIZATION TO SUBMIT APPLICATION It is time to submit the annual request for Emergency Shelter Grant (ESG) funds to the U.S. Department of Housing and Urban Development. The Mayor, as the Chief Elected Local Official, must sign our funding request and local legislative approval must be in place prior to this event and the subsequent submission of the application for available funds. The City of Buffalo 1992 Emergency Shelter Grant Allocation is $395,000 and 1992 funding will be administered by the Buffalo Urban Renewal Agency. Requests for proposals have been mailed to more than eighty (80) providers of shelter and services for the homeless and proposals are due by January 24, 1992. To date funding totaling $1,440,000 has been provided to local service providers as described on the attached summary. I am available at 851-4913 should any further information be required. Attachment Mr. Fahey moved: That the communication from the Commissioner of Inspections and Community Revitalization dated January 15, 1992, be received and filed; and That the Mayor be and he hereby is authorized to execute and submit the 1992 U.S. Department of Housing and Urban Development Emergency Shelter Grant, and That the Buffalo Urban Renewal Agency be and hereby is authorized to administer said Emergency Shelter Grant Allocation in the approximate amount of $395,000. PASSED. AYES - 13 NOES -0. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 65 "Plan to Hire New Firefighters" I have received the attached communication from Council staff which requests that I inform the Common Council of the administration's present and near future plans about hiring new firefighters. As the Mayor informed you in his January 2, 1992 communication the current number of vacancies in the Fire department requires a decision to either hire 30 to 40 new firefighters this spring or to consolidate two existing fire companies without laying off any current employees. Knowing that the City has been unable to totally resolve its current year budget gap of $16.9 million, that the 1992-93 projected gap has been estimated in the $35 to $40 :million range and that the Fire department does not feel the consolidation of two fire companies would jeopardize public safety, I find it extremely difficult to justify hiring new firefighters this fiscal year. However, the city charter requires approval from the Common Council to consolidate the fire companies. If such approval is not provided, the City will hire additional firefighters to curb excessive overtime costs. It is my hope that the spirit of cooperation that has developed in dealing with the budget problems will lead the Council to reconsider its position on consolidation before it is to hire a new class. REFERRED TO THE COMMITTEE ON FINANCE. No. 66 Ordinance Amendment Chapter 307-11 Parking Violations You have before Your Honorable Body a resolution amending fines and penalties and the time frame for implementation. This change is a provision of the recently enacted legislation amending Section 235 of the Vehicle and Traffic Law. The legislation, effective June 12, 1991, also creates a Parking Violations Enforcement and Disposition Program and the mandatory $5.00 surcharge. Attached is a copy of the enabling legislation and a summary of the provisions of this new legislation. The ordinance also includes a request to increase the fine for meter overtime from $8.00 to $10.00 and bus routes from $12.00 to $15.00. Failure to increase the fine for meter overtime to $10.00 will cause lost revenue. Pursuant to the new legislation, establishing specific standards for parking violations and penalties, our $8.00 parking summonses can no longer go to a maximum of $50.00. We are limited to a maximum of $46.00. With passage of this ordinance amendment, the Budget Department projects $200,000 in additional revenue on an annual basis. Local legislation must be approved to amend the current ordinances and adopt a new penalty structure to be completely in compliance with the new law. REFERRED TO THE COMMITTEE ON FlNANCE. No. 67 INSTALLATION OF ADDITIONAL PARKING METERS Among the many steps being recommended to address parking violations in the City is the one to install additional parking meters in appropriate locations. The Commissioner of Public Works is submitting a list of locations to install new meters for Your Honorable Body's approval. In addition to improving traffic flow, it is believed that these new meters will generate additional revenues which will help close the current projected budget gap. I am recommending Your Honorable Body approve the installation of new parking meters as requested by the Commissioner of Public Works. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 68 Explore SupplementaI Employment Program Item # 140, C.C.P. 10/29/91 You will recall that in my letter dated December 5, 1991 (responding to your communication of October 29, 1991), I stated that neither Commissioner Allen nor T. could comment on the possibility of participating in a "supported employment program (as defined by New York State) with local human service agencies" unless or until Councilmember Higgins or Council Staff provided us with the N.Y. S. definition of a "supported employment program" or, alternatively, the legal citation indicating where said definition could be found. Having received a copy of New York State's definition of a "supported employment program" (i.e., as interpreted by the State Education Department's Office of Vocational and Educational Services for Individuals With Disabilities ("VESID") (see copy attached)), Commissioner Allen and I can now respond. The Commissioner and I wholeheartedly support the idea of participating in a supportive employment program with local human service agencies, provided: (i) adequate funding is available to pay the individuals involved "the prevailing wage" for "at least twenty (20) hours per week per pay period" as required under the program; and (ii) VESID in fact provides the "intensive vocational rehabilitation services," "job coaches" and "follow along" necessary to maximize the disabled individuals' chances of experiencing productive and successful placements. RECEIVED AND FlLED. No. 69 Funding of Central Referral Service's Computerized Information System Located In The Mayor's Advocacy Office For People With Handicapping Conditions Commissioner Donald O. Allen and l wish to commend the Common Council for refraining from including in the 1991-92 budget, funding for Central Referral Service, Inc.'s computerized information system (the "BERNIE CARES" system) located in the Mayor's Advocacy Office For People With Handicapping Conditions. The system costs the City twelve-thousand, seven-hundred and fifty dollars (12,750) per year. (See copy of contract annexed hereto). The fact of the matter is that the system is rarely, if ever, used because virtually all of the information contained therein is available in book form for a mere sixteen dollars ($16.00) per copy, per year. That information which is not included in the book version can easily be obtained. Again, Commissioner Allen and I commend the Council for its judgment in refusing to add this costly and unnecessary item to the 1991-92 budget. Furthermore, the Commissioner and l strongly recommend that funding for the "BERNIE CARES" system not be included in the 1992-93 budget either. Thank you for your courtesy and cooperation. REFERRED TO THE COMMITTEE ON FINANCE AND THE COUNCIL STAFF. No. 70 Arena Roller Rink Complaints Item No. 59, C.C.P., January 7th, 1992 Please be advised that the Buffalo Division For Youth has not received any complaints regarding the Arena Roller Rink. REFERRED TO THE COMMlTTEE ON LEGISLATION. No. 71 Donation of Equipment to Buffalo Division For Youth We are requesting permission to accept a donation of 3 - Table Soccer Foosball tables, Model No. NA 8008XX and 2 - Airless Hockey Tables, Model No. NA 6102HA from the Buffalo Marathon Association, Ltd., to the City of Buffalo Division For Youth. These items would be used to enhance programs at our youth athletic centers. Mr. Fahey moved: That the communication from the Department of Human Resources dated January 9, 1992, be received and filed; and That the Commissioner of Human Resources be, and is authorized to accept for the Buffalo Division for Youth a donation of three Table Soccer Foosball tables and two Airless Hockey Tables from the Buffalo Marathon Association, Ltd. PASSED. AYES - 13 NOES - 0. No. 72 CERTIFICATE OF APPOINTMENT Appointment to become effective January 6, 1992 in the Department of Human Resources, Division of Substance Abuse Dolores Barrett 373 Mackinaw St., Buffalo 14210 to the position of Counselor II, Temporary at the starting salary of $20,071. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF GENERAL SERVICES No. 73 Operator's of City Vehicles Please be advised that the Department of General Services lists the following Department Heads as having a vehicle assigned On a twenty-four (24) hour basis: Commissioner of Police P-101 1991 Chevr 4DSD 1G1BN53E9MR114619 3BB-663 Commissioner of Streets S-101 1991 Chevr 4DSD 1G1BN53E9MR113787 A-69266 Commissioner of Inspections X-18 1989 Mercu 4DSD 1MEBM50U0KG646399 A-89095 Commissioner of General Services GS-01 1986 Ford 2DSD 1FABP46F0GH210428 A-76390 Commissioner of Parks S-100-PK 1986 Chevr 4DSD 1G1BN69H9GY180721 A- 11901 Commissioner of Fire F-145 1990 Chevr 4DSD 1G1BL54E3LA151151 ETW-974 Chairman Auditorium & Stadium X-13-MA 1986 Oldsm 4DSD 2G3AM19X6G9331115 3EE-752 Commissioner of Public Works E-576 1990 Ford Subn 1FMEU15Y4LLB22065 A-72182 Commissioner of Admin. & Finance X-15 1986 Chevr 4DSD 2G1AW19R1G1268766 A-56609 Deputy Mayor P-434-X 1984 Oldsm 4DSD 1G3AN69Y1W9717365 EUM-278 A limited number of additional employees are assigned twenty-four hour vehicles by various Department Heads. The Department of General Services, Division of Inventory & Stores has no such vehicles assigned to employees other than GS-01 listed above. GS-01, a 1986 Ford is assigned to the Commissioner and is used as a departmental motor pool vehicle as all auto allowance has been removed from the department's budget. Details of vehicle assignment of other departments should be solicited from the individual department heads having vehicles assigned to their departments. Our records indicate that the only departments not having vehicles assigned are Assessment and Law. REFERRED TO THE COMMITTEE ON FINANCE. No. 74 Surplus Vehicle/Equipment Auction Dept. of Public Works On January 15, 1992 the Department of General Services accepted sealed bids for surplus vehicles/equipment from the Dept. of Public Works. Attached is the summary page of all bids received as well as photographs of the items for sale. Request your approval to dispose of these items to the high bidder as indicated on the summary page. Mr. Fahey moved: That the communication from the Department of General Services dated January 15, 1992, be received and filed; and That the Commissioner of General Services be, and is authorized to award to the highest bidder surplus vehicle/equipment as indicated in the summary page attached to the above communication. PASSED. AYES -13 NOES -0. FROM THE BOARD OF EDUCATION No. 75 Future Site-Three Bflo. Schools This letter is in response to your inquiry resulting from resolution # 146, C.C.P. November 26, 1991, regarding "Future Sites of Three Proposed New Schools in the City of Buffalo". In the last school year the Board of Education forwarded to each Councilperson a copy of two maps and a description of the fifteen to twenty year building program the school district believes must be accomplished to properly house Buffalo's public school pupils into the twenty first century. [copies enclosed] On the maps are general indications of what schools are needed and where. What and and where are functions of pupil demographics, building conditions, the availability of leasable space, the need to continue to comply with the orders of the Federal Court, and whatever conditions exist or are expected to exist in neighborhoods. This latter would include such factors as industrial expansion or other community development. Our needs are expected to be 1) an academy in the Black Rock area, 2) an early childhood center in the central or west central city, and 3) a westside high school. There are no specific sites being negotiated for at the present time. We are, however, looking for potential sites that we might consider. If any council persons have specific sites they would like to be considered please let me know where they are. The enrollment in the district has increased by 1100 pupils over the last year. We are now leasing 92 classrooms in non-public school buildings, in the process of erecting four new relocatable classrooms this year, and still short of space. There are applications for 600 prekindergarten placements and probably another 600 potential pupils who have not applied for the program in the district. The City has embarked on a significant housing renewal program by both building new homes and selective and specific code enforcement that upgrades existing housing in several neighborhoods. This activity will change the district's demographics as new families move into these areas. The number of children, their ages and grades in school will have an impact on what our final needs are. The plan also calls for the building of additions onto existing school buildings. Those are also indicated on the chart enclosed. One of the main factors to be considered in that activity will be the availability of adequate space at an existing building. REFERRED TO THE COMMlTEE ON LEGlSLATION. FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY No. 76 Memorandum of Agreement Local 71 - I.U.O.E. and BMHA Pursuant to the Civil Service Committee's request of December 18, 1991, we are supplying you with the additional cost figures involved in the Memorandum of Agreement before you for consideration between the BMHA and Local 71. I.U.O.E. Term of Contract - 2 years - July 1, 1990 - June 30, 1992 Number of employees - 42 (12/18/91) Refinement of costs - based upon present reduced staff. "FRINGES" 1) Dental Insurance - $1,500 Estimate 2) Longevity - $6.500 Estimate (2 years) $8,000 "SALARIES" 1) Wages, including retroactivity, upgrading $130,000 Estimate 2) Overtime, holidays, shift pay - $ 10.000 Estimate $140,000 Grand total Monetary Cost - Additions - $148,000 Estimate Additional costs to the City - Fund the State Deficit for 2 years - $30,000 - $ 35,000 * Estimate Savings are also anticipated due to the adoption of Blue Cross and the elimination of Blue Shield; a delay of one year in the coverage of Dental Insurance New Hirees; and the explicit approval of the Union to explore all avenues in cutting medical insurance costs. *Including Central Office pro-ration of costs. REFERRED TO THE COMMITTEE ON ClVIL SERVICE. FROM THE CITY CLERK No. 77 Grant Award Cal Government Management Fund (LGRMF) Inventory Planning Project Phase II The City Clerk, acting as City Records Management Officer (RMO), is requesting the City of Buffalo to execute the attached grant. The agreement is for the City Clerk (RMO) to began Phase II of the Inventory and Planning Project of the City of Buffalo Records. The grant is for $29,988.80 and the period is from July l, 1991 until June 30, 1992. Any additional information regarding the grant or the City Records Management Program can be obtained by contacting the City Records Management Officer, Charles L. Michaux III CMC, at 851-5431. Your approval at this meeting is greatly appreciated. Mr. Fahey moved: That the communication from the City Clerk dated January 14, 1992, be received and filed; and That the City Clerk be and hereby is authorized to execute the Grant Award Local Government Management Fund, Inventory Planning Project Phase II of the City of Buffalo Records in the amount of $29,988.80 for the period, July 1, 1991 through June 30, 1992. PASSED. AYES - 13 NOES- 0. No. 78 Notification of Disposition of City Records The following department(s) requested to dispose of city records as indicated on the attached form(s). I have authorized the disposition of these records in my capacity as City Records Management Officer. Public Works RECEIVED AND FILED. No. 79 Automobile Transportation Allowances The following departments have filed the required copies of certificates relative to the granting of Automobile Transportation Allowances for employees in their respective departments: Comptroller- Michael R. Szukala Human Resources- Jacqueline Ostanski, Diane Makey RECEIVED AND FILED. No. 80 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 12 Grant St. Arkansas Sports Lounge Joseph Greico RECEIVED AND FILED. No. 81 Leaves of Absences Without Pay I transmit herewith communications received by me, reporting the granting of leaves of absences without pay, in the various departments as listed: Public Works- H. Gasuik McNamara, Brian Lackie Police- Jamie Miller Street Sanitation- Richard Walczak Administration and Finance- Maria Giardina RECEIVED AND FILED. No. 82 Reports of Attendance Various Boards, Etc. I transmit herewith communications received by me from various Boards, Commissions, Agencies and Authorities, reporting the membership attendance at their respective meetings Buffalo Sewer Authority City Planning Board Civil Service Commission Emergency Medical Services Board Municipal Housing Authority RECEIVED AND FILED. No. 83 Notices of Appointments I transmit herewith communications received by me, reporting appointments made in various departments. (Minimum, Flat Rate, Hourly, Etc.) REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE DEPARTMENT OF PUBLIC WORKS Appointment to become effective January 7, 1992 in the Department of Public Works Division of Buildings Mark A. Dellaneve 163 Ryan Street, Buffalo 14210 to the position of Sr. First Class Stationary Engineer Temporary at the starting salary of $7.05/hr. Appointment to become effective January 6, 1992 in the Department of Public Works, Division of Water Joseph C. Denecke 90 Hammerschmidt Street Buffalo, New York 14210 to the position of Dispatcher, Provisional at the starting salary of $ 20,518. FROM THE DEPARTMENT OF PARKS Appointment to become effective January 9, 1992 in the Department of Parks Division of Recreation John Mann 222 Mackinaw Street, Buffalo New York 14204 to the position of Refrigeration Plant Engineer seasonal, at the starting salary of $6.64/hr. Appointment to become effective January 13,1992 in the Department of Parks Division of Recreation, Larry Middlebrooks 141 Leroy Ave. Buffalo 14214 to the position of Community Recreation Aide, Provisional at the starting salary of $19,454. FROM THE DEPARTMENT OF ADMINISTRATION & FINANCE Appointment to become effective January 6, 1992 in the Department of Administration and Finance Division of Parking Enforcement Mary M. Sands 118 Kimberly Buffalo, NY 14220 to the position of Clerk, Seasonal at the starting salary of $5.00/hr. Appointment to become effective January 13 1992 in the Department of Administration and Finance Division of Parking Enforcement Tina M. Schultz 209 Cumberland Buffalo, NY 14220 to the position of Clerk, Seasonal at the starting salary of $5.00/hr. Appointment to become effective January 13, 1992 in the Department of Administration and Finance Division of Parking Enforcement Tod A. Kniazuk 173 Sobieski Street Buffalo, NY 14212 to the position of Laborer Seasonal at the starting salary of $ 5.98/hr. Appointment to become effective January 21, 1992 in the Department of Administration and Finance Division of Parking Enforcement, James H. Priebe, Jr., 319 Lincoln Parkway Buffalo, NY 14216 to the position of Laborer I, Seasonal at the starting salary of $5.98/hr. FROM THE DEPARTMENT OF HUMAN RESOURCES Appointment to become effective January 6, 1992 in the Department of Human Resources Division of Youth to the position of Attendant, Temporary at the starting salary of $4.25/hr. Clifford Jones 229 Cedar, Buffalo 14204 Sean Solomon 177 Walnut, Buffalo 14204 Appointments to become effective January 6, 1992 in the Department of Human Resources Division of Youth to the position of Attendant temporary at the starting salary of $4.25/hr. Gile M. Wilkerson 189 Eaton, Buffalo NY 14208 Tom Armento 56 Winston Rd. Buffalo NY 14216 Judith G. Bryson Harper 437 Wohlers Ave., Buffalo NY 14208 Darnell Hardy 222 Orange St. Buffalo NY 14204 Thomas M. Knezevic 328 Southside Buffalo NY 14220 Debra L. Massey 40 Copeswood Buffalo NY 14215 Nick C. Moses 239 Voorhees Ave. Buffalo NY 14214 Tiffany Jo Semenow 2004 Bailey Ave. Buffalo NY 14211 Beverly Semenow 2004 Bailey Ave. Buffalo NY 14211 Appointment to become effective January 13, 1992 in the Department of Human Resources Division of Youth Ronald Pugh 16 Gail Ave. Buffalo NY 14215 to the position of Supervisor, Temporary at the starting salary of $5.00/hr. Appointment to become effective January 21, 1992 in the Department of General Services Division of Inventory & Stores Paul I. Tara 22 Olcott St. Buffalo, 14220 to the position of Laborer II, Seasonal at the starting salary of $6.65/hr. NON-OFFICIAL COMMUNICATIONS PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 84 CANISIUS COLLEGE OPPOSE CHANGE IN HAMLIN PARK ZONING ORD. This letter is to clarify the position of Canisius College regarding the status of various amendments to the original legislation creating the Hamlin Park Overlay Review District. I am referring, specifically, to Items 2 .and 32 on the agenda of the January 14, 1992; meeting of the Legislation Committee of the Common Council and to subsequent legislation you may have designed following our meeting in your office on November 13, 1991. The College's chief concern with the Overlay District legislation is that it does not distinguish between academic properties and residential properties owned by Canisius College. Thus, the legislation may be appropriate for residential properties, but is quite inappropriate for academic properties. For example: our academic buildings are valued in the millions of dollars and any substantial external maintenance or repair of our Main Campus buildings costs more than $10,000, which in your legislation would require a special use permit. Just to paint our Christ the King Chapel on campus would cost more than $20,000. We are quite willing to accept the strictures of the legislation in regard to any residential properties we own in the neighborhood, but we find it acceptable with regard to our academic properties. Your latest legislation would permit owners of all property within the district to undertake internal modifications as long as the use of the building is unchanged. While I sincerely appreciate this attempt to accommodate the concerns of Canisius College, I still believe it is flawed in that it permits owners of all property within the district (even absentee landlords of residences) to undertake internal modifications which would accommodate more tenants. This seems to create a loophole in the legislation and thus defeats the main purpose of maintaining the integrity of the residential part of Hamlin Park. We appreciate your attempts to negotiate an arrangement satisfactory to all, but l think there is a fatal flaw in the lack of distinction between academic properties and residential properties. It appears that the only way to satisfy both the residential interests of our neighbors and the academic concerns of Canisius College is the adoption of Item 32 from the legislation committee meeting of January 14. This would take proper account of the academic nature of our Main Campus by separating it from the Overlay Review District. We will advocate passage of this measure. Thank you for all your efforts. Please call me if you wish to discuss this further. REFERRED TO THE COMMITTEE ON LEGlSLATlON. No. 85 GREATER BUFFALO CHAMBER OF COMMERCE Business Development Activities Your letter dated December 26, 1991, addressed to Kevin Keeley, regarding business development activities in the city of Buffalo has been referred to my attention for response. Pursuant to your request for a report on program activity directed toward business development, I have enclosed a copy of the Metro Buffalo Alliance for Economic Development (MBA) activity summary. The Chamber's business development efforts are conducted through the MBA, a consortium of more then thirty economic development organizations. Should you require any additional information, please let me know. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 86 NICHOLAS COSTANTINO Offer to Purchase Vernon Triangle Park The Vernon Triangle Park at the corner of Main Street and Vernon Streets adjoins a building currently owned by my family. There have been various problems with this park in the past, including problems of public safety and maintenance. It has been suggested by various members of the neighborhood that I purchase this park from the City for $1.00, thus obviating the necessity of maintaining and providing safety by the City. The neighborhood suggestions in general have included: -that I fence this area with a decorative fence -that I not allow music -that no alcohol be served -that I maintain the greens space in addition to the general grounds enclosed and included -that there be no gate -that access be from the business premises at 2626 Rain Street only -that residents and neighbors have input if problems should occur Some other concerns voiced at a public meeting were that I maintain the walkways around exterior of the fence, provide for proper trash removal, and allow access to public utility companies currently in this area. Following the purchase, this area would be accessible only to patrons of my business. At the public meeting, there was some interest in seeing me lease these premises as opposed to purchasing same. However, the only way I would have an interest is to purchase the premises in that it would involve considerable expense on my part without ownership. As a condition of this purchase, and as part of a deed, I would agree that all successive owners would be bound by the same conditions as I am currently willing to be bound by, unless otherwise agreed to and removed by agreement between the City and such present or future owners. Since opening the restaurant business in our building , we have had nothing but positive feedback from the neighbors. I look forward in a positive way of continuing this relationship. It is with these thoughts in mind that I hereby request permission from the City to purchase the Vernon Triangle Park from the City with the conditions herein in the near future, and request Council approval of same. REFERRED TO THE COMMITTEE ON LEGISLATION, COMPTROLLER, AND THE CORPORATION COUNSEL. AYES- AMOS, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI - 10. NOES - ARTHUR, BELL, PITTS - 3. No. 87 DEVELOPMENT DOWNTOWN, INC. Discounted Prepayment of $1.96M UDAG Loan for Olympic Towers Item # 77, C.C.P. 1/7/92 In Resolution # 77, C.C.P. 1/7/92, a series of questions are raised regarding the prepayment of the Olympic Towers UDAG in exchange for office space. The present UDAG is a 0% non-amortizing loan due in a balloon payment on 12/31/99. Due to the current office market, the note presently has a speculative value equal to a junk bond. Based on the unanimous vote of the DDI Board, DDI has entered into a lease for 7,300 sq. ft. of space which incorporates a discounted prepayment of the mortgage in exchange for office space. The term is essentially for 10 years (5 year term with a 5 year option to renew). DDI will sublet the premises to BEDC. DDI/BEDC, with a staff of 21, currently occupies under 2,900 sq. ft. of space allocated to it by the Department of Community Development. In comparison, ECIDA, with a staff of 22, occupies 7,500 sq. ft. in the Liberty Building. The space vacated by DDI/BEDC will be turned back to the Department of Community Development for possible consolidation of departmental operations scattered on other floors. Under Sec. 570.207(a) (1) and Sec. 570.3 of the CDBG regulations, the development corporations cannot pay rent or utilities in a City Hall. Consequently, DDI/BEDC have not paid rent or utility charges in return for the existing space. Due to the small size of the existing office, relocation costs are expected to be minimal. A number of other office possibilities were reviewed, including the former BMHA offices which were last improved .35 years ago. These non-air conditioned quarters require substantial capital leasehold improvements by the City, which are an ineligible CDBG expense. At present, the New York State Labor Department has temporarily taken over these quarters. The attachment (see Attachment A) illustrates the rental payments and discounted annual payments on the UDAG. The lease payments will be reflected on DDI's books as both a rental expense and a provision of discount of note. The new office space is convenient to City Hall and we intend to keep a small office presence within the Department of Community Development's offices for meetings and related work. As you may recall, approximately three years ago , the Buffalo Neighborhood Revitalization Corporation was consolidated with the Urban Renewal Agency,. and it will remain so. I trust the above answers the various questions raised regarding the Olympic Tower UDAG. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE CORPORATION COUNSEL. No. 88 ERIE COUNTY LEGISLATURE APPTS. TO JOINT LEG. TASK FORCE RESOLUTION SUBMITTED BY LEGISLATOR BOZER WHEREAS, Buffalo Common Council and Erie County Legislature recently passed legislation creating a joint City/County Lead Action Task Force to explore solutions to the severe problems of lead poisoning among Erie County families. NOW, THEREFORE, BE IT RESOLVED, that the following citizens of Erie County are hereby appointed by the County to this joint legislative task force: Theresa Calvin Andres Garcia Community Action Org. Columbus Hospital 70 Harvard Place Niagara Street Buffalo, N.Y. 14209 Buffalo, N.Y. 14201 Dawn Schimke Mrs. Marion Hyman Citizen Action 240 Hertel Station 433 Franklin Street Buffalo, N.Y. 14216 Dr. Melinda Cameron Robert Guthrie, M.D. Erie County Medical Center 76 Academy St. 462 Grider Street Williamsville, NY 14221 Buffalo, N.Y. 14215 REFERENCE: Int. 1-11 RECEIVED AND FILED. No. 89 LOCAL 282 Firefighters Arbitration Award Please find enclosed the ruling from the Arbitration Panel on the City's Motion to Reconsider. As you will see, it has been denied. All the legal courses in the arbitration procedure as far as allowing information, briefs, etc. have been followed. The Union has worked within the system, and through the Taylor Law, we now have a legal and binding decision. I would appreciate an expedient processing so that the firefighters may start to receive the raises that were awarded to them. On behalf of the Buffalo Professional Firefighters, Local 282, RECEIVED AND FILED. No. 90 PEST MANAGEMENT BOARD Annual Report of the Board Attached please find a copy of the annual report of the City of Buffalo Pest Management Board. Section 3 of the Board's by-laws provides for submission of this report to the Common Council, the Mayor and the Environmental Management Commission. REFERRED TO THE COMMlTTEE ON LEGISLATION. No. 91 WESTERN NEW YORK ECONOMIC DEVELOPMENT CORPORATION Business Development Activity I am pleased to respond to the Buffalo Common Council's December 23rd resolution requesting information on our activities to retain and encourage business activity in the City of Buffalo. Since our organization was created by Governor Mario Cuomo in 1985, we have provided more than $62 Million in direct assistance to economic development projects in the City of Buffalo, and have provided technical assistance to many more planning and development projects within the community. The Western New York Economic Development Corporation (WNYEDC) is a subsidiary of the New York State Urban Development Corporation, a state agency, which is chaired by Vincent Tese, the state's Director of Economic Development. We serve as the primary conduit of state economic development programs, which are often leveraged by local and private funds. Because we serve the five-county region of Western New York, our mission is broad in scope, namely to attract and retain businesses in the region by increasing regional competitiveness and cooperation. We have found many companies considering a WNY location to be quite interested in the City of Buffalo, and the City's efforts to develop and enhance industrial areas has taken the city in the correct path in terms of business attraction. As always, more will need to be done on a continuing basis to keep city locations competitive with locations outside the city and region. Our policies prohibit us from assisting any existing company in a shift of jobs from one locality in the region to another, unless the company demonstrates such a move is absolutely essential and the current host community is specifically asked and expresses no objection. Our programs for companies primarily provide below-market rate fixed-asset financing, job training, and funds for technical expertise to increase productivity and enhance a company's competitive position. We also provide technical assistance to companies in technology and product development, exporting, and procurement of government contracts. While our focus tends to primarily be on larger manufacturing firms, we also are very active in special programs for small business and minority and women-owned firms. More recently, we became involved in providing direct development assistance to communities. This assistance has included grants for commercial facade work in the 500 block of Main Street and Chippewa Street, and we are continuing to talk with a number of organizations in the city who are developing new plans and ideas to increase business activity in their neighborhoods. We also play a strong role in long term regional planning which has a significant impact on the City. This includes transportation planning, border crossing planning, and linkages with Southern Ontario. Recently we have been involved in organizing industry sectors (auto, print and medical products) to promote the regional growth of these industries. Many companies within these sectors are based in the City. I am enclosing a list of projects we have funded in the City of Buffalo since 1985. I am also enclosing a copy of our most recent annual report, and a fact sheet on our programs. I would be happy to answer any other specific questions, and I encourage your continued interest and concern in further enhancing the climate for business in the City of Buffalo. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. PETITIONS No. 92 Gal-Van Developers, Inc., petition to rezone 434-478 Edison Avenue from R-2 to RI district for use as an apartment complex. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 93 Manufacturer's Occupancy Accounting and Control, owner, petition to use 410 bin Street for a wall sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 94 Linreal Corp., Owner, petition to use 1263 Delaware for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 95 Norfolk Southern, Owner, petition to use 27 Owahn for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 96 George Duryea and Others oppose building/expanding parking lots in Delaware Park. REFERRED TO THE COMMITTEE ON LEGlSLATION. REGULAR COMMITTEES CIVIL SERVICE HON JAMES W. PITTS CHAIRMAN No. 97 Contract Substance Abuse//US Probation Office (HR) (Item # 91 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 98 Contingent Permanent Status Explanation (CSC) (Item # 57 CCP Nov 12, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 99 Appointment Audit & Control//Operations Communications Coordinator The Above Item Be And The Same hereby is Returned To the Common Council Without Recommendation. Mr. Fahey Now Moved: Communication No 72 CCP Dec 10, 1991 be received and filed and the Permanent-Contingent appointment of Mary G. O'Rourke stated above at the maximum salary $23,88600 effective on Nov 18, 1991 is hereby approved. PASSED. AYES - AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI - 9. NOES - ARTHUR, COLLINS, COPPOLA, PITTS - 4. No. 100 Appointment Audit & Control/Computer Programer That The Above Item Be And The Same Herby Is Returned To The Common Council Without Recommendation. Mr. Fahey Now Moved: That Communication No 73 CCP Dec 10, 1991 be received and filed and the Contingert Permanent appointment of Paul J. Bonvissuto stated above at the Intermediate salary $29,342.00 effective on Nov 12, 1991 is hereby approved. PASSED. AYES - AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI - 11. NOES - COPPOLA, PITTS - 2. No. 101 Appointment Audit & Control//System Analyst The Above Item Be And The Same Hereby is Returned To The Common Council Without Recommendation. Mr. Fahey Now Moved: That Communication 74 CCP Dec 10, 1991 he received and filed and the Provisional appointment of Michael J. LoVullo stated above at the Intermediate salary $29,342.00 effective on Nov 25, 1991 is hereby approved. PASSED. AYES - AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI -11. NOES - COPPOLA, PITTS - 2. No. 102 Appointment Audit & Control//Grants Auditor Supervisor The Above Item Be and The Same Hereby is Returned To the Common Council Without Recommendation. Mr. Fahey Now Moved: That Communication No 75 CCP Dec 10, 1991 be received and filed and the Permanent Contingent appointment of Albert J. Renzoni stated above at the Maximum salary $23,886.00 effective on Nov 18, 1991 is hereby approved. PASSED. AYES - AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 10. NOES - ARTHUR, COPPOLA, PITTS 3. No. 103 Appointment Audit & Control//Associate Accountant The Above Item Be -and The Same Hereby is Returned To the Common Council without Recommendation. Mr. Fahey Now Moved: That Communication No 14 CCP Dec 10, 1991 be received and filed and the Temporary appointment of Louis M. Biondi as stated above at the Maximum salary $31,678.00 effective on Nov 21, 1991 is hereby approved. PASSED. AYES - AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI - 9. NOES - ARTHUR, COLLINS, COPPOLA, PITTS - 4. No. 104 Appointment Parks//Park Utility Worker That Communication No 60 CCP Dec 23, 1991 be received and filed and the Permanent appointment of Michael DeJames stated above at the Intermediate salary $20,532.00 effective on Dec 16, 1991 is hereby approved. PASSED. AYES - 13 NOES -0. No. 105 Appointment Parks//Parks Superintendent That Communication No 61 CCP Dec 23, 1991 be received and filed and the Provisional appointment of Joseph M. Genau stated above at the Intermediate salary $26,087.00 effective on Dec 16, 1991 is hereby approved. PASSED. AYES - 13 NOES - 0. No. 106 Appointment Street Sanitation//Laborer II (Hrly) That Communication No 81 CCP Dec 23, 1991 be received and filed and the Temporary appointment of David P. LaVango stated above at the Intermediate salary $9.16 per hour effective on Dec 9, 1991 is hereby approved. PASSED. AYES - 13 NOES - 0. No. 107 Appointment I. C. R.//Supervisor of Elevator Inspections That Communication No 88 CCP Dec 23, 1991 be received and filed and the Provisional appointment of Joseph L. Schiavone stated above at the Intermediate salary $29,604.00 effective on Dec 16, 1991 is hereby approved. PASSED. AYES - 13 NOES - 0. No. 108 Appointment Human Resources//Case Manager That Communication No 94 CCP Dec 23, 1991 be received and filed and the Permanent appointment of Francis Eugene Profitka stated above at the Intermediate salary $20,449.00 effective on Dec 9, 1991 is hereby approved. PASSED. AYES - 13 NOES - 0. No. 109 Notices Of Appointments (C.Clerk) Item # 104 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 110 Appointment I.C.R.//Electrical Inspector That Communication No 33 CCP Jan 7, 1992 be received and filed and the Temporary appointment of Gene Fronczak stated above at the Intermediate salary $28,526.00 effective on Jan 2, 1992 is hereby approved. PASSED. AYES - 13 NOES - 0. No. 111 Appointment I.C.R.//Building Inspector That Communication No 34 CCP Jan 7, 1992 be received and filed and the Permanent appointment of Salvatore P. Galluzzo stated above at the Maximum salary $29,641.00 effective on Dec 18, 1991 is hereby approved. PASSED. AYES - 13 NOES - 0. No. 112 Notices Of Appointments (C.Clerk) (Item # 47 CCP Jan 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 113 Appraisal for Bennett Beach Item No. 2 CCP December 18, 1991 That the Comptroller be and hereby is requested to undertake any and all measures to have an independent appraisal performed for the city-owned property commonly known as Bennett Beach. PASSED. AYES - AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 12. NOES - PITTS - 1. No. 114 PAY PARKING FINES BY CREDIT CARD (ITEM NO. 39 C.C.P., DECEMBER 23, 1991) That the Corporation Counsel be, and he hereby is authorized to prepare a local law pursuant to Article 2, Section 5 of the General Municipal Law, whereby the City shall be authorized to enter into agreements with one or more financing agencies to provide for the acceptance by the City of credit cards as a means of payment of parking fines. ADOPTED. AYES - AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI - 11. NOES - ARTHUR, PITTS - 2. No. 115 PROPOSED AGREEMENT BETWEEN THE BUFFALO POLICE DEPARTMENT AND BUFFALO BOARD OF EDUCATION REGARDING THE DRUG ABUSE RESISTANCE EDUCATION (DARE) PROGRAM (ITEM NO. 44, C.C.P., NOVEMBER 26, 1991) That the proposed agreement between the Buffalo Police Department and the Buffalo Board of Education regarding the Drug Abuse Resistance Education (DARE) Program be and hereby is approved, and That the Police Commissioner be, and he hereby is, authorized to execute said agreement. PASSED. AYES - 13 NOES - 0. No. 116 TRANSFER OF 346 AUSTIN TO THE DIVISION OF REAL ESTATE (ITEM NO. 95, C.C.P., NOV. 12, 1991) That the Comptroller be, and he hereby is authorized to undertake all necessary procedures to transfer 346 Austin Street from the Department of Human Resources, Division for Youth, to the Department of Audit and Control, Division of Real Estate, for disposition. PASSED. AYES - 13 NOES - 0. No. 117 Transfer 346 Austin To BURA (Item # 89 CCP Jan 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 118 Police Athletic League Centers (HR) (Item # 43 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 119 Ownership of Goldome Parking Lot (Bd. Pkg.) (Item # 11 CCP Oct 1, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 120 Ownership of Goldome Lot (CD) (Item # 61 CCP Oct 1, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 121 Ownership of Goldome Lot (CC) (Item # 45 CCP Oct 15, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 122 Key Bank/Goldome Parking Lot (Item # 67 CCP Oct 29, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 123 Veto-Change Order-Eagle Ramp Plumbing (Mayor) (Item # 2 CCP Jan 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 124 DISPOSAL OF 60 (SIXTY) CAR RADIOS (ITEM NO. 63, C.C.P., DEC. 23, 1991) That the Commissioner of Police be, and hereby is authorized to dispose of 60 radios by selling them to Automotive Sound Systems, Inc., 5375 Transit Road, Williamsville, New York, 14221 the highest bidder in the amount of $1,320.00. PASSED. AYES - 13 NOES - 0. No. 125 Disposal Of Sixty Car Radios (Police) (Item # 17 CCP Jan 17, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 126 MARYNER REDEVELOPMENT COMPANY, INC. REQUEST FOR REFUND OF EXCESS TAX PURSUANT TO CONTRACT (ITEM NO. 93, C.C.P., OCTOBER 29, 1991) That the Comptroller be, and he hereby is authorized and directed to draw a check on the appropriate account in the sum of $22,634.32 and return the same to Maryner Redevelopment Company, Inc., in refund of excess taxes paid by Maryner Redevelopment Company, Inc., to the City of Buffalo for the tax year 1990-91. PASSED. AYES - 13 NOES - 0. No. 127 M.J Ghorab/Cancel Clean Up Costs 237 Watson (Item # 107 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 128 INCREASE IN DEMOLITION COSTS 805 SYCAMORE STREET (ITEM NO. 32, C.C.P., JANUARY 7, 1992) That the Commissioner of Inspections and Community Revitalization be, and he hereby is authorized to issue a change order to Integrated Waste Special Services in the amount of $11,700.00 for additional asbestos removal and abatement at 805 Sycamore with said cost to be charged to the Special Assessment Fund #500-000-002-00000 and that said cost be assessed against the property benefitted and collected from the party responsible under the provision of Chapter XI, Article VII of the Ordinances of the City of Buffalo. PASSED. AYES - 13 NOES - 0. No. 129 M. Ghorab/Cancel Clean-up Costs 237 Watson (Assmt) (Item # 12 CCP Jan 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 130 PERMISSION TO ENTER INTO LEASE FOR COPY MACHINE (ITEM NO. 41, C.C.P., DEC. 10, 1991) That the Commissioner of Human Resources be, and he hereby is authorized to award a contract for a Gestetner Model 2355ZDF to Gestetner Corporation, administered through Lehigh Municipal Leasing, Inc. the lowest responsible bidder in the amount of $448.00 per month, for a 36 month period from October 1, 1991 to September 30, 1994. PASSED. AYES - 13 NOES - 0. No. 131 Copy Machine Lease/Substance Abuse (Compt) (Item # 40 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 132 Copy Machine Lease/Substance Abuse (HR) (Item # 92 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 133 Outline Of Emergency Bid Procedures (Item # 84 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 134 Computer Consolidation Report (C.Clerk) (Item # 84 CCP July 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 135 Computer Consolidation (Compt) (Item # 25 CCP Oct 1, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 136 Computer Consolidation Report (A&F) (Item # 46 CCP Oct 29, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 137 Report Of Audit/Real Estate (Compt) (Item # 19 CCP Nov 26, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 138 Response To Report Of Audit/In Rem Operations (Item # 11 CCP Jan 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 139 Report Of Audit/Treasury (Compt) (Item # 20 COP Nov 26, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 140 Reply To Audit/Treasury (A&F) (Item # 38 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 141 State Comptroller/City Financial Report Overdue (A&F) (Item # 89 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 142 MEEILING NGORK, TENANT, PETITION TO USE 3162 BAILEY AVENUE FOR A TAKE-OUT RESTAURANT (ITEM NO. 57, C.C.P., JANUARY 7, 1992) That the petition of Meeiling Ngork, tenant, requesting to use 3162 Bailey Avenue for a take-out restaurant be and hereby is approved. PASSED. AYES - 13 NOES - 0. No. 143 Ordinance Amendment/Ch 511 Hamlin Review District (Item # 141 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 144 M. F. KUTRYBALA, OWNER - PETITION TO USE 1920 NIAGARA STREET FOR NINE APARTMENTS (ITEM NO. 111 C.C.P, DECEMBER 23, 1991) That the petition of M. F. Kutrybala, Owner, requesting to use 1930 Niagara Street for a nine unit multiple dwelling only be, and hereby is approved. PASSED. AYES - 13 NOES - 0. No. 145 LANDMARK DESIGNATION 2211 MAIN STREET S.U.N.Y.A.B. SCHOOL OF MEDICINE DIVISION OF SOCIAL AND PREVENTIVE MEDICINE (ITEM NO. 27, C.C.P., DEC. 23, 1991) That the required public hearings having been held pursuant to law by the Buffalo Preservation Board and the Legislation Committee of the Common Council, the recommended designation of the S.U.N.Y.A.B. School of Medicine, Division of Social and Preventive Medicine, (former Marine Hospital) at 2211 Main Street, and as more particularly described in the above item, as a local historic landmark be and hereby is approved. PASSED. AYES - 13 NOES - 0. No. 146 Request For Pole Sign/998 Broadway (Item # 7 CCP Nov 26, 1991) (CPBD) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 147 Use 998 Broadway (CD) (Item # 75 CCP Dec 23 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 148 Restaurant/Dancing Class I 2609 Bailey (Item # 134 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby Denied. ADOPTED. AYES - ARTHUR, BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS- 8. NOES - AMOS, BELL, COLLINS, PERLA, ZUCHLEWSKI- 5. No. 149 Ken/Bailey NHS-Comments License/Cotton Club (Item # 53 CCP Jan 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 150 RE: 471 ELMWOOD AVENUE REQUESTS PERMISSION TO INSTALL AWNING (ITEM NO. 58, C.C.P., DEC. 23, 1991) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Joseph Jacobi, owner of property at 471 Elmwood Avenue, to install an awning 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 awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. PASSED. AYES - 13 NOES -0. No. 151 ABANDON/SELL PORT ION OF SEATTLE (ITEM NO. 138, C.C.P., DECEMBER 23, 1991) That the above item be returned to the Common Council without recommendation. Mr. Coppola moved: That the Corporation Counsel and the City Comptroller be and hereby are authorized to prepare all documents necessary for the abandonment and sale of that portion of Seattle Street as more particularly described in the attachment hereto; and That the Comptroller be and he hereby is authorized to negotiate a sale of said portion of Seattle Street with the Kenmore-Englewood Associates and report the results of said negotiations to this Common Council. ADOPTED. AYES - AMOS, ARTHUR, BAKOS, BELL COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI - 12. NOES - FAHEY - 1. No. 152 Abandon/Sell Portion Of Seattle St. (CPBD) (Item # 18 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 153 Abandon/Sell Portion Of Seattle (Compt) (Item # 38 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 154 Abandon/Sell Portion Of Seattle (Police) (Item # 64 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 155 Abandon/Sell Portion Of Seattle (CD) (Item # 72 CCP DEC 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 156 Ordinance Amendment//Ch. 511-Hamlin Review District (Item # 101 CCP Oct 29, 1991) (Item # 225 CCP MAY 28, 1991) That the above mentioned Item be and the same is hereby received and filed. Mr. Fahey now moved to recommit the above item to the Committee on Legislation. Seconded by Mrs. LoTempio. ADOPTED. AYES - AMOS, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 8. NOES - ARTHUR, BELL, COLLINS, COPPOLA, PITTS - 5. No. 157 Notification of Serials 8209-8215 (PW)(8209/13/14 only) (Item # 21 CCP Nov 12, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 158 REQUEST LAW DEPARTMENT TO DRAFT ANNUAL WATER STATEMENT ORDINANCE AMENDMENT (ITEM NO. 138, C.C.P., DECEMBER 10, 1991) That the Common Council hereby requests the Corporation Counsel to draft an amendment to Section 189 of Article 10 of the City Charter requiring the Director of the Division of Water to prepare and mail out to all water customers an Annual Water Supply Statement which presents information on the quality of Buffalo's drinking water in a clear and concise form; and That the statement include, as a minimum, a review of the results of state or federally mandated tests of the City's drinking water. ADOPTED. No. 159 REGULATE DISPLAY OF SLAUGHTERED GAME (ITEM NO. 181, C.C.P., DECEMBER 23, 1991) That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Zuchlewski moved: That this Common Council requests that the Corporation Counsel prepare an ordinance amendment that regulates the display of slaughtered game which includes the following provisions: 1. The carcass may not be placed in the front of property. 2. The carcass, whenever possible, should be hung inside an enclosed structure (i.e. garage, utility shed). If it must be hung outdoors, it must be shielded from view. 3. A monetary fine for violation should be established. ADOPTED. AYES - AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 11. NOES - ARTHUR, PITTS - 2. No. 160 Request 4-way Stop Signs (PW) (Item # 59 CCP Dec 23, 1991) That the above mentioned Item he and the same is hereby received and filed. ADOPTED. No. 161 New Signs-Entryways To City-Route # 33 (Item # 170 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 162 Buffalo Place/New Signs/City Entryways (Item # 50 CCP Jan 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 163 Niagara Mohawk/Dewey Storage Facility Report (Item # 55 CCP Jan 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 164 DECONSOLIDATE CIVIL DEFENSE PROGRAM FROM COUNTY (ITEM NO. 12, C.C.P. DECEMBER 23, 1991) That the Mayor be, and hereby is authorized to give 180 days notice to the County of Erie, City of Lackawanna, and Town of Cheektowaga of the City of Buffalo's intent to deconsolidate the Civil Defense Program of Erie County in order for the City of Buffalo to reestablish organization and control of the Buffalo Auxiliary Fire Corps which was unilaterally disbanded by the Erie County Commissioner of Emergency Services; and That the Mayor of the City of Buffalo be, and hereby is authorized to undertake all other necessary steps and procedures and to execute all documents required to accomplish same. PASSED. AYES - 13 NOES - 0. No. 165 Odors For Bird Island Treatment Plant (BSA) (Item # 57 CCP Nov 26, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 166 UDC Revitalization Program Information (CD) (Item # 77 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 167 Establish Police Advisory Board (Police) (Item # 65 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 168 Explore supplemental Employee Program (HR) (Item # 93 CCP Dec 23, 1991) That the above mentioned Item he and the same is hereby received and filed. ADOPTED. No. 169 Move Board Of Education Election To November (CC) (Item # 24 CCP Jan 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 170 DESIGNATION OF NOMINEES FOR APPOINTMENT TO THE BOARD OF TRUSTEES OF THE BUFFALO AND ERIE COUNTY PUBLIC LIBRARY (ITEM NO. 2, C.C.P., DEC. 23, 1991) That the designation by the Mayor of: Donna M. Lyons, 29 Wright Avenue, Buffalo, New York 14215, Suzanne J. Bohen, 156 McKinley Parkway, Buffalo, New York 14220 and Mary Ann Kochersberger, 295 Gold Street, Buffalo, New York 14206 as a nominees to the Board of Trustees of the Buffalo and Erie County Public Library, subject to appointment by the County Executive and confirmation by the Erie County Legislature, for a term expiring December 31, 1992 be confirmed. ADOPTED. No. 171 DESIGNATION OF NOMINEES FOR APPOINTMENT TO THE BOARD OF TRUSTEES OF THE BUFFALO AND ERIE COUNTY PUBLIC LIBRARY (ITEM NO. 3, C.C.P., DEC. 23, 1991) That the designation by the Mayor of: Christine Ann Nigrelli, 413 Porter Avenue, Buffalo, New York 14201, Sister Donna Anthony, 472 Emslie Street, Buffalo, New York 14212 and Michael Lyons, 29 Wright, Buffalo, New York 14215 as nominees for appointment to the Board of Trustees of the Buffalo and Erie County Public Library, subject to appointment by the County Executive and confirmation by the Erie County Legislature, for a term expiring December 31, 1996 be confirmed. ADOPTED. ECONOMIC DEVELOPMENT HON. CLIFFORD BELL CHAIRMAN No. 172 LDA Clinton/Emslie Phase II (Except 849/865 S.Park) (Item # 110 CCP Oct 29, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 173 Council Amendments To LDA's (CC) (Item # 67 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 174 Comprehensive Housing Affordability Strategy Report(C.Clerk) (Item # 97 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 175 Draft Of Comprehensive Housing Affordability Strategy (CD) (Item # 27 CCP Jan 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 176 Lead Agency Status/Waterfront Commission (CD) (Item # 76 CCP Jul 31, 1990) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 177 WNYDEC-Plan Chippewa St. Project (Item # 59 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 178 Chippewa Street Project (CD) (Item # 78 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 179 WNYDEC- Plan Main St. 500 block Project (Item # 60 CCP Dec 101 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 180 Main St. 500 block Program (CD) (Item # 79 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 181 NYSDOT/Southtowns Connector Feasibility Study (Item # 109 CCP Dec 23, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 182 BEDC/Light Industrial Land Availability (Item # 49 CCP Jan 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 183 ECIDA/Light Industrial Land Availability (Item # 52 CCP Jan 7, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 184 Locate Convention Center In Central Terminal (Item # 149 CCP OCT 15, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 185 Convention Center/Site Investigation/New Center (Item # 59 CCP Oct 29, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 186 GBDF/Favor Use Of Terminal As New Center (Item # 65 CCP Oct 29, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 187 BEDC/Audit Report/Year Ended 5/31 (Item # 53 CCP Dec 10, 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 188 BY: MESSRS. BELL & COLLINS RENAME KENSINGTON EXPRESSWAY IN HONOR OF DR. MARTIN LUTHER KING JR. WHEREAS: Dr. Martin Luther King Jr. is one of the great figures in world history , a truly remarkable American who led the battle for civil and human rights until his untimely death on April 4, 1968; and WHEREAS: New York State Highway 33 is one of the area's most-traveled highways, and is one of the central thoroughfares to and from the Greater Buffalo International Airport; and WHEREAS: Commonly known as the Kensington or the Humboldt, this expressway lacks the kind of distinctive title that befits such a prominent artery; and WHEREAS: Naming NYS Highway 33 in honor of Dr. Martin Luther King Jr. not only would remind people of the many contributions of this Nobel Peace Prize winner, but would also help keep alive the memory of a man who changed the world; and WHEREAS: It would also let the many visitors from other areas who use the expressway know that this community remains firmly committed to the lofty ideals that Dr. King fought for and eventually gave his life for. NOW, THEREFORE BE IT RESOLVED: That this Common Council memorialize New York State to rename New York State Highway 33, the Kensington Expressway, in honor of Dr. Martin Luther King Jr.; and BE IT FURTHER RESOLVED: That this Common Council also request the renaming of the existing East and West Humboldt Pkwy. service roads to the Martin Luther King, Jr. Service roads. BE IT FURTHER RESOLVED: That the City Clerk be directed to forward certified copies of this resolution to Governor Mario Cuomo, the Western New York Delegation to the New York State Legislature, the Secretary of the State Senate and the Clerk of the Assembly. ADOPTED. No. 189 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - DEPARTMENT OF STREET SANITATION That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $5,324 be and the same is hereby transferred from various accounts in Appropriation Allotments - Department of Street Sanitation and said sum is hereby reappropriated as set forth below: FROM: 100 General Fund 70-0 Department of Street Sanitation 011 - Collection of Ashes, Garbage & Refuse Personal Services 110 - Salaries - Regular $5,324 TO: 100 General Fund 70-0 Department of Street Sanitation 012 - Vermin and Animal Control Public Utility Services 221 - Electric, Light & Power $3,885 223 - Gas 1,439 Total $5.324 PASSED. AYES - 13 NOES - 0. No. 190 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - COMMON COUNCIL DEPARTMENT OF FIRE That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $50,000 be and the same is hereby transferred from various accounts in Appropriation Allotments - Common Council and said sum is hereby reappropriated as set forth below: FROM: 100 General Fund 01-0 Common Council 001 - Legislative Purchase of Services 580 - Non-Professional Personal Services $50.000 100 General Fund 21-0 Department of Fire 011 - Fire Fighting Services Personal Services 110 - Salaries - Regular $50.000 REFERRED TO THE COMMlTTEE ON FINANCE. No. 191 BY:MR. COLLINS Transfer of Funds Appropriation Allotments - Exempt Items - Water Enterprise Fund - Water That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $33,500 be and the same is hereby transferred from various accounts in Appropriation Allotments -Exempt Items - Water and said sum is hereby reappropriated as set forth below: From: 410 Enterprise Fund - Water 81-9 - Exempt Items 842 - Reserve for Capital Improvements $33.500 To: 410 Enterprise Fund - Water 98-0 - Department of Water 021 - Administrative Services Purchase of Services 573 - Engineering & Technical Services $33.500 PASSED. AYES - 13 NOES - 0. No. 192 BY: MR. COLLINS INCREASED APPROPRIATION RESERVED FUND BALANCE APPROPRIATION ALLOTMENTS - DIVISION OF INVENTORY & STORES That, pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Division of Inventory & Stores be and the same hereby is increased in the sum of $4,000. That, the Comptroller be and hereby is authorized and directed to transfer the sum of $4,000 from 100-890-050 - Reserved Fund Balance for Capital Budget Appropriations to meet this increased appropriation as set forth below: TO: 100 General Fund 10-4 Division of Inventory & Stores 085 - Capital Outlay 982 - Operating Equipment Data Processing Equipment $ 4,000 PASSED. AYES - 13 NOES - 0. No. 193 BY: MR. COLLINS RE: ORDINANCE AMENDMENT CHAPTER 78-28 PENALTIES FOR OFFENSES The Common Council of the City of Buffalo does hereby ordain as follows: That 78-28 of Chapter 78 of the Code of the City of Buffalo be amended to read as follows: 78-28 Penalties for Offenses Offense Initial Additional Maximum Class A Fine Penalty Penalty Total Unlicensed dog [$10.00]$10.50 [$10.00]$10.50 ($30.00]$31.50 [$50.00]$52.50 Dog off premises without tag ($10.00]$10.50 [$10.00]$10.50 [$30.00]$31.50 [$50.00]$52.50 Knowingly affixing improper tag or furnishing false information on: License application [$10.00]$10.50 [$10.00]$10.50 [$30.00]$31.50 [$50.00]$52.50 Change and transfer report [$10.00]$10.50 [$10.00]$10.50 [$30.00]$31.50 [$50.00]$52.50 Noncompliance with dangerous dog order ($10.00]$10.50 [$10.00]$10.50 [$10.00]$10.50 [$50;00]$52.50 Night quarantine (optional) [$10.00]$10.50 [$10.00]$10.50 [$10.00]$10.50 [$50.00]$52.50 Dog running at large [$10.00]$10.50 [$10.00]$10.50 [$30.00]$31.50 [$50.00]$52.50 Failure to: Present dog upon lawful request [$10.00]$10.50 [$10.00]$10.50 [$30.00]$31.50 [$50.00]$52.50 Restrain dog on premises [$10.00]$10.50 [$10.00]$10.50 [$30.00]$31.50 [$50.00]$52.50 Class B Failure to file notice of: Transfer of dog [$5.00] $5.25 [$5.00] $5.25 [$40.00]$42.00 [$50.00]$52.50 Loss or theft of dog [$5.00] $5.25 [$5.00] $5.25 [$40.00]$42.00 [$50.00]$52.50 Death of dog [$5.00] $5.25 [$5.00] $5.25 [$40.00]$42.00 [$50.00]$52.50 Address change [$5.00] $5.25 [$5.00] $5.25 [$40.00]$42.00 [$50.00]$52.50 Class C Creating nuisance of long-continued or frequent noise of dog [$15.00] $15.75 [$15.00] $15.75 [$35.00] $36.75 [$50.00] $68.25 Caused nuisance by improper keeping of dog (unwholesome condition) [$15.00]$15.75 [$15.00] $15.75 [$35.00] $36.75 [$50.00]$68.25 Dog in park or on parkway [$15.00]$15.75 [$15.00] $15.75 [$35.00] $36.75 [$50.00]$68.25 IT IS HEREBY CERTIFIED, pursuant to Section 78 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM R. Peter Morrow Acting Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON FINANCE. No. 194 BY: MR. COLLINS RE: ORDINANCE AMENDMENT CHAPTER 137-7 SCHEDULE OF FINES AND PENALTIES The Common Council of the City of Buffalo does hereby ordain as follows: That 137-7 of Chapter 137 of the Code of the City of Buffalo be amended to read as follows: 137-7 Schedule of Fines and Penalties Type of Violation Initial Additional Maximum Fine Penalty Penalty Total Class A Sidewalks not cleaned of snow and ice, 413-50 of Chapter 413 [$10.00] $10.50 [$10.00] $10.50 [$10. 00] $10.50 [$30.00] $31.50 Sidewalks in business districts, not cleared of litter, 413-4 and 413-48 of Chapter 413 [$10.00] $10.50 [$10.00] $10.50 [$10.00] $10.50 [$30.00] $31.50 Class B Garbage on street more than 8 hours ahead of collection, 216-l4 of Chapter 216 [$20.00] $21.00 [$20.00] $21.00 [$20.00] $21.00 [$60.00] $63.00 Use of illegal containers for garbage; garbage not properly enclosed, 216-15 of Chapter 216 [$20.00] $21.00 [$20.00] $21.00 [$20.00] $21.00 [$60.00] $63.00 Excessive amounts of bulk trash; unbundled trash, 216-15 of Chapter 216 and Article I of Chapter 341 [$20.00] $21.00 [$20.00] $21.00 [$20.00] $21.00 [$60.00] $63.00 Class C Overflowing dumpsters, littered dumpster areas, uncovered dumpsters, 413-4 and 413-37 of Chapter 413 [$50.00] $52.50 [$50.00] $52.50 [$50.00] $52.50 [$150.00] $157.50 Class D Snowplowing which blocks public thoroughfare, 413-52 of Chapter 413 [$100] $105 [$100] $105 [$100] $105 [$300] $315 Mud and debris left in street at demolition, construction or tree removal sites, 413-4 and 413-37 of Chapter 413 [$100] $105 [$100] $105 [$100] $105 [$300] $315 Class E Illegal dumping, 216-9 through 216-11 and Article VIII of Chapter 216 [$1,000] $1,050 [$1,000] $1,050 [$1,000] $1,050 [$3,000] $3,150 APPROVED AS TO FORM R. Peter Morrow Acting Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON FINANCE. No. 195 BY: MR. COLLINS RE: ORDINANCE AMENDMENT CHAPTER 142 The Common Council of the City of Buffalo does hereby ordain as follows: That subdivision (8) of subsection A of Chapter 142-1 of the Code of the City of Buffalo be amended to read as follows: (8) A sketch of the location of a proposed box and a description of the necessary wiring and such location and placement must be approved by the Commissioner of Public Works before the issuance of a license which is to be approved by the Director of Licenses. The annual license fee shall be one hundred dollars ($100.001 $105.00 per box and such license shall expire on January l of each year. The Director of Licenses may revoke any such license at any time for a violation of any ordinance or regulation pertaining to the maintenance of said box. It shall be the duty of the licensee or owner of the box upon five (5) days' written notice from the Director of Licenses to said licensee or owner to immediately remove such box and equipment and replace the street or public place in a safe condition as approved by the Commissioner of Public Works. APPROVED AS TO FORM R. Peter Morrow Acting Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON FINANCE. No. 196 BY: MR. COLLINS ORDINANCE AMENDMENT CHAPTER 175 - FEES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 - Fees of the Code of the City of Buffalo, be amended to read as follows: Fee Chapter 63, Aircraft 63-4, permit for parachute or sky diving exhibitions [$ 25.00] $ 26.25 Chapter 66, Air Pollution 66-11, fuel- or refuse-burning plant, equipment and device permit Examination of plans for the purpose of issuing a permit: The furnace volume of which is greater than 50 cubic feet but not in excess of 100 cubic feet or equivalent or the Btu input per hour of which is greater than 3,000,000 and not in excess of 6,000,000, for each unit [$ 25.00] $ 26.25 The furnace volume of which is greater than 100 cubic feet or equivalent or the Btu input per hour of which is in excess of 6,000,000, for each unit [$ 25.00] $ 26.25 Original and annual inspection for the purpose of issuing an original or an annual certificate of operation: For inspecting any existing or new, reconstructed, altered or added-to fuel-burning equipment or device: The furnace volume of which does not exceed 25 cubic feet or equivalent or the Btu input per hour of which does not exceed 1,500,000 for each unit [$ 20.00] $ 21.00 The furnace volume of which is greater than 25 cubic feet but not in excess of 50 cubic feet or equivalent or the Btu input per hour of which is greater than 1,500,000 but does not exceed 3,000,000, for each unit [$25.00] $ 26.25 The furnace volume of which is greater than 50 cubic feet but not in excess of 100 cubic feet or equivalent or the Btu input per hour of which is greater than 3,000,000 but is not in excess of 6,000,000, for each unit [$ 30.00] $ 31.50 The furnace volume of which is greater than 100 cubic feet or equivalent or the Btu input per hour of which is greater than 6,000,000, for each unit [$ 40.00] $ 42.00 66-23, certificate of inspection for incinerators Up to 4 cubic feet [$ 10.00] $ 10.50 For each additional cubic foot of combustion chamber [$ 1.25] $ 1.30 Maximum fee, each [ $25.00] $ 26.25 Chapter 72, Ambulances and Ambulance Drivers 72-9, license fees Ambulance, annual [$ 65.00] $ 68.25 Ambulance driver or attendant, annual [$ 25.00] $ 26.25 Chapter 75, Amusements 75-2, license fees for certain classes of entertainment First For houses or places having less than 500 seats, per annum ($100.00] $105.00 For houses or places having 500 seats or more and fewer than 750 seats, per annum ($125.00] $131.25 For houses or places having 750 seats or more [$150.00] $157.50 For other temporary entertainments, per day or fraction thereof, (not to exceed [$35.00] $36.75 for any period of not more than 3 months) [$ 15.00] $ 15.75 Second Fixed by the Director of Licenses Third Fixed by the Director of Licenses Fourth, per day or fraction thereof [$100.00] $105.00 to [$300.00] $ 315.00 at the discretion of the Director of Licenses Fifth, per day or fraction thereof [$ 25.00] $ 26.25 Sixth Exhibitions of motion pictures For houses or places having fewer than 500 seats, per annum [$100.00] $105.00 For houses or places having 500 seats or more but fewer than 750 seats, per annum [$125.00] $131.25 For houses or places having 750 seats or more but fewer than 1,000 seats, per annum [ $150.00] $157.50 For houses or places having 1,000 seats or more but fewer than 1,500 seats, per annum [$175.00] $183.75 For houses or places having 1,500 or more seats but fewer than 2,000 seats, per annum [$200.00] $210.00 For houses or places having 2,000 seats or more, per annum [$225.00] $236.25 Other temporary exhibitions, per day or fraction thereof (not to exceed $150.00 for any period of not more than 3 months) [ $15.00] $ 15.75 Seventh License fee paid by owners or lessees of grounds used for games of baseball or football, to which admission fees are charged or which are used directly or indirectly for profit or gain Per annum [$375.00] $400.00 Per diem [ 60.00] $ 63.00 Eighth, per week or fraction thereof [$ 20.00] $ 21.00 Ninth, per week or fraction thereof [$25.00] $26.25 10th, per week or fraction thereof [$20.00] $21.00 11th, per annum [$150.00 ]$157.50 12th, per day or fraction thereof [$ 60.00] $ 63.00 13th, per annum [$200.00]$210.00 14th, per annum [$125.00]$131.25 15th, per day or fraction thereof [$ 40.00] $ 42.00 16th Amount to be determined, in each case, by the Director of Licenses in his discretion 75-13, music license, per year [$ 50.00] $ 52.50 75-14, inspection certificate for public assemblage, annual fee [$ 30.00] $ 31.50 75-15, miniature golf course license, per year $ 55.00] $ 57.75 75-16, special night permit for amusement place, per night [$ 2.00] $ 2.10 75-18, coin controlled amusement device fee and arcade license Per device [$ 45.00] $ 47.25 Per device in arcade [$ 75.00] 78.75 75-19, admission of children to theaters Owner's license [$2.00] $2.10 Matron's license [$2.00] $2.10 License renewal [$2.00] $2.10 75-21, Rebound' tumbling center license, per year [$ 20.00] $ 21.00 Chapter 81, Auctions and Auctioneers 81-16, auctioneer's license [$350.00] $367.50 Chapter 85, Bait Dippers 85-3, commercial bait dipping permit application Wholesaler, per year [$100.00] $105.00 Retailer, per year [$ 50.00] $ 52.50 Chapter 88, Bakers and Confectioners 88-5, Licenses For bakers employing: 2 employees or fewer, per year [$ 30.00] $ 31.50 From 3 to 10 employees, per year [$ 50.00] $ 52.50 From 11 to 25 employees, per year [$ 75.00] $ 78.75 From 26 to 50 employees, per year [$150.00] $157.50 51 or more employees, per year [$250.00] $262.50 For confectioners employing: 2 employees or fewer, per year [$ 30.00] $ 31.50 From 3 to 10 employees, per year [$ 50.00] $ 52.50 From 11 to 25 employees, per year [$ 75.00] $ 78.75 26 or more employees, per year [$250.00] $262.50 Chapter 92, Billiard and Pool Rooms and Bowling Alleys 92-6, licenses (No license fee shall be prorated for a period of less than 6 months). For each billiard table, per annum [$30.00]$ 31.50 For each pool table, per annum [$30.00]$ 31.50 For each bowling alley, per annum[$30.00]$ 31.50 Chapter 94, Boilers and Engines; Engineers 955, inspections Boilers exceeding 25 horsepower [$ 35.00] $ 36.75 More than 1 in 1 establishment, each in excess of 1 [$ 10.00] $ 10.50 only Boilers not exceeding 25 horse-power 1 [$ 25.00], $ 26.25 plus More than 1 in 1 establishment, each additional [$ 10.00] $ 10.50 Miniature boiler [$ 10.00] $ 10.50 94-9, secondhand boilers, hydrostatic test and inspection [$ 5.00] $ 5.25 94-22, stationary engineer's and refrigeration operator's licenses and renewals; examinations for licenses Original license [$ 60.00] $ 63.00 Yearly renewal of license Chief engineer or chief refrigeration operator [$ 40.00] $ 42.00 First class engineer or first-class refrigeration operator [$ 30.00] $ 31.50 Second-class engineer, second-class engineer limited to locomotives and second-class refrigeration operator [$30.00]$ 31.50 Special engineer [$20.00]$ 21.00 Examination for license [$25.00]$ 26.25 94-30, lost license or certificate [$ 10.00] $ 10.50 Chapter 96, Bonds and Contracts 96-13, advertisement for bids Use of city plans and specifications nonrefundable fee: For project cost less than $50,000.00 [$ 25.00] $ 26.25 For project cost greater than $50,000.00 [$ 50.00] $ 52.50 Chapter 98, Bootblacks 98-5, permit, including renewals [$ 5.00] $ 5.25 Chapter 101, Buildings, Cleaning of 101-2, license for occupancy of street or other public grounds by building-cleaning machinery, per year for each machine or appliances used [$ 25.00]26.25 Chapter 103, Building Construction and Demolition; Fire Prevention 103-12, building permits Application [$40.00[ $42.00 or 10% of total permit fee, whichever is greater For construction of 1-story frame buildings having a floor area of 500 square feet or less [$ 20.00] $ 21.00 For construction of all other buildings [$ 30.00] $ 31.50 plus For each 1,000 cubic feet or fraction thereof of the volume of the building or any addition thereto [$ 6.00] $ 6.30 For construction of all miscellaneous structures, such as water tanks, chimneys, coal trestles and other structures not herein otherwise classified [$ 30.00] $ 31.50 plus For each $1,000 or fraction thereof of the cost of said structures [$ 15.00] $ 15.75 For advertising or display signs $ 30.00] $ 31.50 plus For each 300 square feet or fraction thereof bounded by the extreme edges of the structural framing of said sign [$ 18.00] $ 19.00 For tanks to be used for storage of flammable liquids [$150.00] $157.50 For repairs or alterations to existing buildings or structures, the cost of which is more than $500 and not more than $1,000 [$ 30.00] $ 31.50 For repairs or alterations to existing buildings or structures, the cost of which is more than $1,000 and through $5,000 [$ 30.00] $ 31.50 plus For each $1,000 or fraction thereof [$10.00] $ 10.50 For repairs or alterations to existing buildings or structures, the cost of which is more than $5,000 and through $10,000 [$ 30.00] $ 31.50 plus For each $1,000 or fraction thereof [$ 15.00] $ 15.75 For repairs or alterations to existing buildings or structures, the cost of which is more than $10,000 [$ 30.00] $ 31.50 plus For each $1,000 or fraction thereof [$ 20.00] $ 21.00 103-13, demolition permits For first $1,000 or fraction thereof of cost [$ 60.00] $ 63.00 plus For each $1,000 or fraction thereof of cost exceeding the first $1,000 [$ 30.00] $ 31.50 Chapter 107, Buildings, Moving of 107-1, permits Moving building upon petition to Common Council [$100.00] $105.00 Moving building on wheeled vehicle without consent of Common Council [$ 10.00] $ 10.50 Chapter 129 - Certificates of Occupancy 129-5, certificates Conditional certificate for new or altered structure [$25.00] $ 26.25 Existing structures (in no case should fee exceed $200.00) Residential Structures Base Plus Incremental Fee Fees Type Single family [$25.00] $26.25 None 2-family [$25.00] $26.25 None 3 or more dwelling units [$35.00] $36.75 $10.00 $10.50 for each dwelling unit over 3 Rooming house [$35.00] $36.75 $5.00 $5.25 for each rooming unit over 4 Mixed dwelling and [$35.00] $36.75 rooming units For each dwelling [$10.00] $10.50 unit over 3 For each rooming [$5.00] $ 5.25 unit over 4 Nonresidential Structures Per Square Feet of Type Fee Gross Floor Area All uses [$25.00] $26.50 0 to 25,000 [$50.00] $52.50 25,001 to 50,000 [$100.00] $105.00 50,001 or more Structure occupied in part for residential use and in part for nonresidential use (to be added to fee calculated for nonresidential portion of structure) Per dwelling unit [$ 10.00] $ 10.50 Per rooming unit [$ 5.00] $ 5.25 Conditional certificate for existing structure [$25.00] $ 26.50 Renewal of certificate or conditional certificate- [$ 25.00] $ 26.50 129-6, certification of registration of multiple housing [$10.00] $ 10.50 Chapter 133, City Property 133-5, lease for outdoor advertising 6 x 12 feet [$400.00] $420.00 12x 25 feet [$700.00] $735.00 10x 36 feet [$1,200.00] $1,260.00 14x 48 feet [$1,700.00] $1,785.00 Chapter 140, Collection Agencies 140-6, license [$150.00] $157.50 Chapter 143, Consumer Electronics Installation and Repair 143-7, apprentice license License fee [$ 40.00] $ 42.00 143-11A, license fees Examination fee (nonrefundable) [$15.00] $ 15.75 Consumer electronics service technician (new license) [$100.00] $105.00 Consumer electronics service technician, reception reception, equipment installation and repair only (new license) [$100.00] $105.00 Consumer electronics service technician, microwave oven installation and repair only (new license) [$100.00] $105.00 Apprentice (new license) [$ 40.00] $ 42.00 143-12, renewal of license Renewal [$ 50.00] $ 52.50 Renewal, apprentice [$ 40.00] $ 42.00 Chapter 144, Contractors 144-8F, home-improvement licenses Handyman [$100.00] $105.00 Home-improvement contractor [$200.00] 210.00 New housing contractor [$300.00] $315.00 General contractor [$400.00]$420.00 Salesman's license or renewal [$ 50.00]$ 52.50 Duplicate license [$ 10.00]$ 10.50 144-12, demolition contractor's license [$400.00] $420.00 Chapter 150, Dances and Dance Halls 150-6, licenses Public dance hall (In computing floor space, only that part of the floor actually used or intended to be used for dancing shall be considered.) Per annum for each 1,000 square feet of floor space or major fraction thereof [$ 40.00] $ 42.00 For periods of less than 1 year, a prorated fee for each 1,000 square feet of floor space or major fraction thereof, no less than [$ 5.00] $ 5.25 Public dance hall where a public dance is held at least 1 night a week throughout the year, the license fee shall not exceed, per annum [$300.00] $315.00 Public dance [$30.00] $31.50 Restaurant and hotel dancing Class 1: dancing in hotels where dancing is conducted for other than special occasions, such as opening nights or holidays, per year [$350.00] $367.50 Class 2: dancing in restaurants where entertainments are given, such as floor shows, etc., per year [$350.00] $367.50 Class 3: dancing in restaurants where music is furnished by orchestras or reproduced by mechanical, electrical or other means, per year [$200.00] $210.00 Class 4: dancing in restaurants where music is reproduced by mechanical, electrical or other means only, per year [$125.00] $131.25 Class 5: dancing in hotels and restaurants on special occasions, such as opening nights or holidays, per night [$ 30.00] $ 31.50 Chapter 165, Electricity 165-12, master electrician's license Initial deposit [$200.00] $210.00 Minimum fee (Sum to be paid in excess of minimum fee shall be in proportion to term of license, computing time from date of granting the same to the 31st day of December next ensuing.) [$100.00] $105.00 Total fee (initial deposit plus min imum fee) for l year [$300.00] $315.00 Refund upon denial of license $100.00 of initial deposit Annual renewal fee for all licenses after the first, issued to the same person [$100.00] $105.00 165-l8, fees for installations operating on 30 volts or more Permit application filing fee [$ 20.00] $ 21.00 Residential. The following fees apply only to 1-and 2-family dwellings and when application is made by 1 master electrician on l permit request: Minimum residential permit fee [$ 5.00] $ 5.25 Complete original electrical installation of a single dwelling or l flat of a 2-family dwelling, including wiring for all electrical equipment, fixtures and devices [$10.00] $10.50 Complete original electrical installation of a 2-family dwelling, including wiring for all electrical equipment, fixtures and devices [$12.00] $12.60 Lighting outlets and fixtures, where added to existing electrical installations Not exceeding a total of 10, inclusive [$ 5.00] $ 5.25 Exceeding a total of 10 [$ 7.00] $ 7.35 Service installation only and l range outlet or l other major appliance outlet [$ 5.00] $ 5.25 Each additional 3-wire outlet [$ 2.00] $ 2.10 Each additional major permanently connected 2-wire appliance outlet [$1.00] $1.05 Minimum permit fee for each of the following, when application is separately made: service, wiring, lighting fixtures, range outlet, dryer outlet, oil furnace, gas furnace, conversion burner and each permanently connected electrical appliance [$5.00] $5.25 Commercial and industrial. The following fees apply to all installations in commercial and industrial buildings including multifamily dwellings (3 families or more) and buildings of mixed occupancy, when application is made by 1 master electrician on l permit request: Not in excess of 5,000 watts [$7.50] $8.00 In excess of 5,000 watts but not in excess of 10,000 watts [$10.00]10.50 In excess of 10,000 watts but not in excess of 25,000 watts [12.50] $ 13.25 In excess of 25,000 watts but not in excess of 50,000 watts [$ 50.00] $ 52.50 In excess of 50,000 watts [$95.00] $100.00 Fire alarm systems Per station [$1.50] $1.60 Minimum charge [$7.50] $8.00 Telephone systems Original installation [$7.50] $8.00 plus Per telephone [$1.50] $1.60 Additional Installation, per telephone [$1.50] $1.60 Maximum fee [$95.00] $100.00 Sound systems [$ 7.50] $ 8.00 Combination security and heat detector Security system, residential[ $15.00] $15.75 Security system, commercial [$7.50] $ 8.00 Security and heat detector, additional per detection station [$1.50] $1.60 Antenna television cable system [$7.50] $8.00 165-32, permit fees Residential. The following fees apply only to 1-and 2-family dwellings and when application is made by l master electrician on l permit request: Minimum residential permit fee [$15.00] $ 15.75 Complete original electrical installation of a single dwelling or l flat of a 2-family dwelling, including wiring for all electrical equipment, fixtures and devices [$30.00] $ 31.50 Complete original electrical installation of a 2-family dwelling, including wiring for all electrical equipment, fixtures and devices [$36.00] $37.80 Lighting outlets and fixtures, not exceeding a total of 10 inclusive, where added to existing electrical installations [$15.00] $15.75 Lighting outlets and fixtures exceeding a total of 10 where added to existing electrical installations [$21.00] $22.00 Service installation only and 1 range outlet or l other major appliance outlet [$15.00] $15.75 Each additional 3-wire outlet [$6.00] $6.30 Each additional major permanently connected 2-wire appliance outlet [$3.00] $3.15 Minimum permit fee for each of the following when application is made separately: service, wiring, lighting fixtures, range outlet, dryer outlet, oil furnace, gas furnace, conversion burner and each permanently connected electrical appliance [$15.00] $15.75 Commercial and industrial Not in excess of 5,000 watts [$22.50] $23.65 In excess of 5,000 watts, but not in excess of 10,000 watts [$30.00] $31.50 In excess of 10,000 watts, but not in excess of 25,000 watts [$37.50] $40.00 In excess of 25,000 watts, but not in excess of 50,000 watts [$150.00] $157.50 In excess of 50,000 watts [$285.00] $300.00 Fire alarm systems Minimum charge [$22.50] $23.65 plus Per station [$1. 50] $1.60 Telephone systems Original installation [$22.50] $23.65 plus Per telephone [$1.50] $1.60 Additional installation, per telephone [$1.50] $1.60 Maximum fee [$285.00] $300.00 Sound systems [$22.50] $23.65 Combination security and heat detector Security system, residential [$15.00] $15.75 Security system,commercial [$22.50] $23.65 Security and heat detector, additional per detection station [$1.50] $1.60 Antenna television cable system [$22.50] $23.65 Chapter 167, Elevators 167-8, elevator installer's and inspector's license and renewal 167-14B, Elevator construction permit Construction permit [$100.00] $105.00 Each stop additional [$100.00] $105.00 Material alterations [$50.00] 52.50 Each stop additional [$10.00] $10.50 167-15A and B, certificates of operation New elevator installation [$100.00] $105.00 Existing installations Initial ,certificate [$50.00] $52.50 Renewal certificate [$25.00] $26.25 Chapter 169, Excavations and Quarries 169-6, permit for hauling excavated material [$5.00] $5.25 Chapter 186, Flammable Liquids 186-5, licenses Storage, (warehouse) sealed barrels (bbls) or drums only: Up to 50 bbls or drums [$30.00]$31.50 Over 50 bbls or drums [$60.00]$63.00 Hat cleaning; spotting [$25.00]$26.25 Dry cleaning Retail outlet only [$25.00]$26.25 Combined retail and wholesale or wholesale plant [$75.00] $78.75 Repair garages Up to 3,000 square feet floor area [$15.00] $15.75 Over 3,000 square feet floor area [$35.00] $36.75 Manufacturer with bulk storage facilities Up to 110 gallons [$15.00] $15.75 111 to 2,000 gallons [$60.00] $63.00 2,001 to 5,000 gallons [$125.00] $131.25 Over 5,000 gallons [$175.00] $183.75 Service stations Private storage [$15.00] $15.75 Retail distribution, per pump [$15.00] $15.75 Tank vehicles, permit required, each vehicle [$15.00] $15.75 Bulk dealers Wholesale With bulk storage facilities up to 40,000 gallons [$60.00] $63.00 With bulk storage facilities over 40,000 gallons [$125.00] $131.25 Retail, with bulk storage facilities up to 110 gallons [$15.00] $15.75 111 to 500 gallon [$30.00] $31.50 501 to 40,000 gallons [$60.00] $63.00 Over 40,000 gallons [$125.00] $131.25 Package dealer Wholesale, storing up to 110 gallons [$15.00] $15.75 111 to 1,000 gallons [$30.00] $31.50 1,001 to 5,000 gallons [$30.00] $31.50 Over 5,000 gallons [$60.00] $63.00 Retail, storing Up to 100 [$15.00] $15.75 101 to 500 gallons [$25.00] $26.25 501 to 1,000 gallons [$35.00] $36.75 1,001 to 3,000 gallons [$60.00] $63.00 3,001 and more gallons [$100.00] $105.00 186-9, licenses for oil-fired heating equipment businesses Examination fee [$20.00] $21.00 Class 1A license, original issue [$160.00] $168.00 Class 1B license, original issue [$160.00] $168.00 Renewal fee [$75.00] $78.75 186-10, license for installation, alteration and repair of equipment,storage tanks, piping, valves and pumps for gasoline or other volatile liquids or diesel fuel oil used for motor vehicles Examination fee [$15.00] $15.75 License Original issue [$125.00] $131.25 Renewal [$70.00] $73.50 186-13, garage license Up to 3,000 square feet floor area [$15.00] $15.75 Over 3,000 square feet floor area [$35.00] $36.75 186-15, license for welding and repairing tanks Examination fee [$15.00] $15.75 License Original issue [$125. 00] $131.25 Renewal [$70.00] $73.50 186-16, license for application of flammable finishes [$30.00] $31.50 Chapter 189, Flood Damage Prevention 189-11, development permit Permit application [$25.00] $26.25 Appeal or variance, additional [$25.00] $26.25 189-24, flood plan review application [$10.00] $10.50 Chapter 193, Food and Drugs 193-27, annual licenses for sale of certain articles Sale of meat and sausage which is uncooked, whether fresh, frozen, salt or smoked (No additional license fee shall be required from the holder of such a license for the sale of dressed poultry, frozen eviscerated poultry, cold cuts, cooked, smoked or pickled fish, frozen fish, fresh fish and frozen fish products.) Each unit with 3 employees or fewer [$65.00] $68.25 Each unit with 4 to 6 employees [$120.00] $126.00 Each unit with 7 or more employees [$150.00] $157.50 Sale of fresh or frozen poultry not eviscerated Each unit with 3 employees or fewer [$50.00] $52.50 Each unit with 4 to 10 employees [$90.00] $94.50 Each unit with over 10 employees [$150.00] $157.50 Sale of meat and sausage which has been cooked, and bacon [$30.00] $31.50 Sale of fresh and frozen fish (No additional license fee shall be required from the holder of such a License for the sale of fish which had been fried, smoked, dried or pickled and of the sale of oysters and clams.) Sale of fish which has been fried, smoked, dried or pickled, and of oysters or clams [$20.00] $21.00 Sale of frozen fish, frozen fish products and frozen eviscerated poultry [$15.00] $15.75 Chapter 199, Fruits and Vegetables 199-2, license for outdoor shop, stand or market [$50.00] $52.50 199-10, itinerant wholesale dealer's license, per vehicle [$150.00] $157.50 Chapter 203, Fumigation 203-3, permit for those not engaged in fumigation business [$5.00] $5.25 203-8, pest control licenses Type A, per year [$50.00]$52.50 Type B, per year [$50.00]$52.50 Type C, per year [$20.00]$21.00 Type D, per year [$20.00] $21.00 203-20, license application [$16.00] $16.80 Chapter 213, Games of Chance 213-5, license for supplier of games of chance equipment. A sum equal to [$25.00 ] $26.25 plus an amount equal to chance equipment 2% of the gross sales and rentals, if any, games of chance equipment and supplies to authorized organizations of authorized games of chance lessors by the applicant during the preceeding calendar year or fiscal year if the applicant maintains his account on a fiscal-year basis. 213-7, licenses To conduct games of chance, for each license period [$25.00] $26.25 Authorized lessor [$50.00] $52.50 213-18, additional license fee 5% of net proceeds, if any Chapter 216, Garbage, Rubbish and Refuse 216-3, collection service permit, annually [$1,000.00] $1,050.00 216-15, collection and disposal charges Removal of refuse materials in excess of 1 1/2 cubic yards or in excess of 10 30 -gallon containers Number of Containers Monthly Category per Month Charge I 1 to 20 [$130.00 $136.50 II 20 to 50 [$260.00] $273.00 III 50 to 100 [$390.00] $409.50 IV 100 to 150 [$520.00] $546.00 V 150 to 200 [$650.00] $682.50 VI 200 to 250 [$780.00] $819.00 VII 250 to 300 [$910.00] $955.50 VIII 300 to 350 [$1,040.00] $1,092.00 IX 350 to 400 [$1,070.00] $1,123.50 X 400 to 450 [$1,300.00] $1,365.00 XI 450 to 500 [$1,430.00] $1,501.50 XII 500 to 550 [$1,560.00] $1,638.00 XIII 550 to 600 [$1,690.00] $1,774.50 XIV 600 to 650 [$1,820.00] $1,911.00 XV 650 to 700 [$1,950.00] $2,047.50 XVI 700 to 750 [$2,080.00] $2,184.00 XVII 750 to 800 [$2,210.00] $2,320.50 XVIII 800 to 850 [$2,340.00] $2,457.00 XIXI 850 to 900 [$2,470.00] $2,593.00 XX 900 to 950 [$2,600.00] $2,730.00 XXI 950 to 1,000 [$2,730.00] $2,866.50 XXII 1,000 to 1,050 [$2,860.00] $3,003.00 XXIII 1,050 to 1,100 [$2,990.00] $3,139.50 XXIV 1,100 to 1,150 [$3,120.00] $3,276.00 XXV 1,150 to 1,200 [$3,250.00] $3,412.50 XXVI 1,200 to 1,250 [$3,380.00] $3,549.00 XXVII 1,250 to 1,300 [$3,510.00] $3,685.50 XXVIII 1,300 to 1,350 [$3,640.00] $3,822.00 XXIX 1,350 to 1,400 [$3,770.00] $3,958.50 XXX 1,400 to 1,450 [$3,900.00] $4,095.00 XXXI 1,451 or more [2.70] 2.85 Load-dumping permit for amounts in excess of 4.0 cubic yards [$25.00] $26.50 Refuse material of a combustible nature, generated in city, disposed of at city disposal plant Person residing in or doing business in city (except licensed refuse collection contractors) 500 pounds or less [$2.00] $2.10 plus Each additional 500 pounds or part thereof contained in load [$1.00] $1.05 Licensed collection contractors, per ton computed on total monthly tonnage delivered [$11.00] $11.55 Refuse material originating in city to be disposed of at city disposal plant by other than a city department or agency For load not exceeding 2 1/2 cubic yards [$6.50], $6.85 plus Each additional cubic yard or part thereof contained in load [$3.00] $3.15 216-20, landfill operation license [$25.00] $26.50 Chapter 219, Gasoline 219-8, annual license for tank or pump within boundaries of or beneath street or public place For tanks, with or without pumps For each tank having a capacity of 280 gallons or fewer [$30.00] $31.50 For each tank having a capacity of more than 280 gallons and not more than 560 gallons [$60.00] $63.00 For each tank having a capacity of $80.00 more than 560 gallons [$80.00] $84.00 For each pump located within a street or upon a public place and connected with a tank on private property, the license fee shall be determined by the capacity of the tank with which it is connected, according to the foregoing schedule. Chapter 226, Grain 226-1, license for drying [$50.00] $52.50 Chapter 232, Handbills and Other Publications 232-3, billposting business license [$150.00] $157.50 Chapter 238, Heating 238-14 heating installer's license Examination (all classes) [$20.00] $21.00 Licenses Class I Original [$175.00] $183.75 Renewal [$85.00] $89.25 Class II Original [$150.00] $157.50 Renewal [$75.00] $78.75 Class III Original [$125.00] $131.25 Renewal [$65.00] $68.25 Chapter 254, Junk Dealers and Pawnbrokers 254-6, scrap processor license Place of business in city is princi pal place of business in [$75.00]$78.75 Other [$50.00]$52.50 254-8, permit for garage sale, if more than 3 sales per calendar year [$10.00]$10.50 254-21, licenses For collecting, buying or selling in, upon or from the streets with motor vehicle, per year [$90.00] $94.50 Pawnbrokers, per year [$375.00] $400.00 Retail dealers in any of the materials heretofore specified and who have a fixed place for doing business, per year [$60.00] $63.00 Wholesale dealers or dealers who do business in wagonload, truckload or carload lots, or dealers in used or secondhand automobiles, or those whose business is that of wrecking or dismantling automobiles, or banks and other licensed under the Banking Law of the State of New York, or financing agencies as defined in the Uniform Commercial Code of the State of New York, or automobile leasing businesses, per year [$250.00] $262.50 Flea market license. The fee for a flea market license shall be paid by the owner or occupant of the premises on which the flea market is to be held. The fee for such a license is hereby fixed on the basis of the maximum number of vendors to be permitted by the licensee to participate in the flea market at any l time, as stated in the license application: 1 to 10 vendors, per year [$75.00] $78.75 11 to 25 vendors, per year [$100.00] $105.00 More than 25 vendors, per year [$200.00] $210.00 Chapter 259, Laundries and Clothes Cleaners 259-4, license [$75.00] $78.75 259-12, certificate of inspection [$35.00] $36.75 Chapter 263, Licenses 263-3 Duplicate license or tag [$10.00] $10.50 Transfer [$10.00] 10.50 263-4, tire recapping or rebuilding plant [$30.00] $31.50 263-5, bowling pin refinishing and bowling lane resurfacing [$30.00] $31.50 263-6, storage of over 100 pounds of calcium carbide or operation of acetylene generator having a calcium carbide capacity exceeding 5 pounds [$35.00]$36.75 263-7, storage and handling at over 100 cubic feet of combustible fibers [$30.00] $31.50 263-8, storage of combustibles over 2,500 cubic feet of gross volume [$25.00] $26.25 268-9, storage, handling or use of more than 2,000 cubic feet of flammable compressed gas or 6,000 cubic feet of nonflammable compressed gas [$45.00] $47.25 263-10, operation of plant pulverizing material producing dust [$50.00] $52.50 263-11, purchase, owning, possession transport or use of explosives [$20.00] $21.00 263-13, servicing, recharging, filling, installing and testing of portable fire extinguishers [$35.00] $36.75 263-14, fireworks display [$20.00] $21.00 263-15, fruit-ripening processes [$30.00] $31.50 263-16, storage or handling of hazardous chemicals [$45.00] $47.25 263-17, lumberyards and woodworking plants [$30.00] $31.50 263-18, handling more than 10 pounds of magnesium per day [$45.00] $47.25 263-19, storage, keeping for sale or offering for sale of fixed ammunition for small arms Wholesale [$20.00]$21.00 Retail [$20.00]$21.00 Renewal of license Wholesalers [$20.00]$21.00 Retailer [$20.00]$21.00 263-20, Manufacture of or storage of more than 25 cases of matches [$35.00] $36.75 263-22, welding or cutting operations; storage Welding or cutting operations [$50.00] $52.50 Storage of more than 2,000 cubic feet of flammable compressed gas, 300 pounds of liquefied petroleum gas or 6,000 cubic feet of nonflammable compressed gas used in welding or cutting operations [$50.00] 52.50 263-23, work commenced with out license or permit Double the application fee or the additional sum of [$50.00] $52.50 whichever is greater 263-24, pet shop license Annual application fee [$35.00] $36.75 Chapter 266, Liquefied Petroleum Gas 266-3, installation license [$35.00] $36.75 Chapter 269, Lodging Houses 269-13, license For 3 to 6 beds or cots [$25.00]$26.25 For 7 to 15 beds or cots [$45.00]$47.25 For 16 to 25 beds or cots [$65.00]$68.25 For more than 25 beds or cots [$65.00]$68.25 plus For each bed or cot in excess of 25 [$1.50]$1.60 Chapter 289, Newsstands 289-3, permit, per month for each month or fraction of a month for which a permit is issued [$5.00] $5.25 Chapter 307, Parking and Parking Lots 307-8, towing and storage For mini-tow (tow 500 feet or less), which includes a fine of $10.00 for violation of parking or standing prohibition pursuant to 307-11 of Chapter 307 [$30.00] $31.50 For mini-tow (tow 500 feet or less), which includes a fine of $15.00 for violation of parking or standing prohibition pursuant to 307-11 of Chapter 307 [$35.00] $36.75 For towing all 2-axle vehicles, motorcycles, boats, small trailers or mobile homes under 25 feet in length to impound area [$75.00], $78.75 plus For each day of storage or fraction thereof after the first 24 hours [$7.50] $8.00 For towing tractor truck without trailer, all vehicles with 3 or more axles and all trailers or mobile homes over 25 feet in length to impound area [$100.00], $105.00 plus For each day of storage or fraction thereof after the first 24 hours [$12.50] $13.25 For towing tractor truck with trailer to impound area [$125.00], $131.25 plus For each day of storage or fraction thereof after the first 24 hours [$12.50] 13.25 Minimum charge for retrieving and towing any lost, abandoned or stolen vehicle from any body of water, gully, ditch or underpass, but charges above the minimum shall not exceed those authorized under Chapter 479, Article 11, of the Code [$125.00] $131.25 For towing motor vehicle parked without authorization in space reserved for the handicapped, or for towing motor vehicle parked alongside or obstructing a curb area which has been cut down, lowered or constructed so as to provide accessibility to the sidewalk [$125.00] $131.25 307-12, transcript of hearing [$2.00] $2.25 307-21, parking lot operation annual license Capacity of 6 to 10 spaces [$50.00] $52.50 Capacity of 11 to 25 spaces [$80.00] $84.00 Capacity of 26 to 50 spaces [$125.00] $131.25 Capacity of 51 to 75 spaces [$165.00]$173.25 Capacity of 76 to 100 spaces [$225.00]$236.25 Capacity of 101 to 150 spaces [$325.00]$341.25 Capacity of over 150 spaces [$370.00]$388.50 Chapter 309, Parks and Other Open Spaces 309-28, use of facilities With the exception of designated private ice time at skating rinks, City of Buffalo handicapped persons (classified as such by the United states Department of Health, Education and Welfare) may use any of the hereinafter mentioned recreational facilities free of all charges and fees. City Noncity Resident Resident GOLF COURSES Seasonal fee for South Park, Cazenovia and Delaware Golf Courses [$75.00] $80.00 [$150.00] $160.00 Youths under 16 and senior citizens with city identification cards [$30.00] $31.50 [$150.00] $160.00 Daily fee for South Park, Cazenovia and Delaware Golf Course (each) 18 holes on Saturday, Sunday or holiday [$6.00] $6.50 [$10.00] $10.50 Seniors and youths under 16 [$4.00] $4.25 [$10.00] $10.50 18 holes on other days [$5.00] $5.25 [$8.00] $8.50 Seniors and youths under 16 [$3.00] $3.25 [$8.00] $8.50 LAWN BOWLING Seasonal Per person for Delaware Park [$32.00] $35.00 [$45.00] $50.00 BENNETT BEACH Daily parking Per automobile [$2.00] $2.10 [$2.00] $2.10 DUPLICATE PERMITS Each permit [$1.50] $1.60 [$3.00] $3.15 BOAT TRAILER LAUNCHING PERMITS Seasonal [$10.00] $10.50 [$20.00] $21.00 ICE SKATING Seniors and youths under 12 [$0.50] $.55 [$2.00] $2.10 18 years and over [$1.00] $1.05 [$2.00] $2.10 Designated private ice time: Outdoor rink: All groups, per hour [$15.00] $15.75 [$15.00] $15.75 Indoor rink: All groups other than developmental league, per hour [$60.00] $63.00 [$100.00] $105.00 Developmental league, per hour [$30.00] $31.50 [$100.00] $105.00 INDOOR NATATORIUM Daily sessions (except for the months of July and August) City of Buffalo residents with identification cards Under 18 years and seniors [$0.50] $0.55 [$2.00] $2.10 18 years and over [$1.00] $1.05 [$2.00] $2.10 Seasonal Under 18 and seniors (with city identification cards) [$25.00] $26.25 [$100.00] $105.00 18 years and older (with city identification cards) [$50.00] $52.50 [$200.00] $210.00 Designated private swimming time 1 or 2 groups, per group, per hour [$50.00] $52.50 [$100.00] $105.00 Exclusive use of pool, per hour [$100.00] $105.00 [$150.00] $157.50 CITY IDENTIFICATION CARDS Issued to city residents with valid proof of residence, each $2.00 BAND SHELL RENTAL Mobile bandshell rental, per day [$250.00] $262.50 [$250.00] $262.50 Chapter 316, Peddling and Soliciting 316-11, personal and vehicle licenses PERSONAL LICENSE Peddler of fish [$60.00] $63.00 Peddler of popcorn and peanuts [$30.00] $31.50 Peddler of waffles, confections or products [$30.00] $31.50 bakers Peddler of any other product [$60.00] $63.00 Peddler's helper [$25.00] $26.25 Sale from railroad cars [$400.00] $420.00 Solicitation of orders for photo graphs [$500.00] $525.00 VEHICLE LICENSE Each vehicle, other than a motor or horsedrawn vehicle, used for the sale of fish [$25.00] $26.25 Each vehicle used for the sale of popcorn or peanuts [$25.00] $26.25 Each vehicle used for the sale of waffles, confections or bakers products [$25.00] $26.25 Each vehicle, not included in the above specifications, used to peddle any product [$60.00] $63.00 316-19, license for house-to-house selling [$50.00] $52.50 316-32, license for solicitation of funds License [$5.00] $5.25 Identification card [$2.00] $2.10 316-50, vending licenses in Special Downtown Vending District Annual site [$300.00] $315.00 Temporary site [$50.00] $52.50 Daily site [$10.00] $10.50 Chapter 319, Performers, Outdoor 319-2, license [$10. 00] $10.50 Chapter 322, Phrenology 322-2, license [$100.00] $105.00 Chapter 326, Plumbing 326-11, journeyman plumber License, per annum [$30. 00] $31.50 Renewal [$20.00] $21.00 Examination [$10.00] $10.50 326-26, permits Permit application filing fee [$20.00] $21.00 For each plan filed 1-or 2-family dwellings only [$30.00]$31.50 All other buildings or premises [$75.00] $78.75 Plus the following additional fees for fixtures, sewers, drains, pipes, conductors, appurtenances or appliances as shown on such plan: For each fixture and conductor (residential) [$6.00] $6.30 For each fixture and conductor (commercial) [$9.00] $9.45 For each 100 feet or fraction thereof of 6 inch sewer or smaller sewer or drain [$10.00] $10.50 For each 100 feet or fraction thereof of over 6 inch sewer or drain [$30.00] $31.50 Fractions of 100 feet of various pipes may be combined for fee purposes under the largest size of sewer or drain pipe used. For each hot water heater over 50 gallons [$20.00] $21.00 For each air conditioner unit connected to water supply, per ton [$6.00] $6.30 For each industrial disposal [$22.00]$23.10 Chapter 330, Poles and Wires 330-9, right to lay, construct or maintain conduit in street, per mile of street in which such conduit is laid, annually [$120.00] $126.00 Chapter 337, Preservation Standards 337-31, Preservation Board Review Application for landmark designation (nonowner occupied) [$500.00] $525.00 Certificate of compliance (for non-owner occupants) Less than $10,000.00 [$25.00] $26.25 More than $10,000.00 [$50.00] $52.50 Chapter 341, Property Maintenance 341-3, correction of violation by city personnel [$50.00] $52.50 or actual cost of the work Chapter 370, Restaurants 370-4, annual licenses 25 persons or fewer [$30.00] $31.50 More than 25 persons and not more than 50 persons [$35.00] $36.75 More than 50 persons and not more than 100 persons [$45.00] $47.25 More than 100 persons and not more than 200 persons [$60.00] $63.00 More than 200 persons and not more than 300 persons [$80.00] $84.00 More than 300 persons and not more than 500 persons [$95.00] $100.00 More than 500 persons [$110.00] $115.50 Chapter 387, Signs 387-12, licenses For an illuminated sign having an area of less than 30 square feet, except such signs mentioned in 387-9 for which no license is required, per annum [$20.00] $21.00 For an illuminated sign having an area of not less than 30 and not more than 40 square feet, per annum [$20.00] $21.00 For an illuminated sign having an area of more than 40 and not more than 50 square feet, per annum [$25.00] $26.25 For an illuminated sign having an area of more than 50 and not more than 75 square feet, per annum [$40.00] $42.00 For an illuminated sign having an area of more than 75 square feet,per annum [$25.00] $26.25 And, in addition, for every square foot in excess of 75 square feet, per annum [$0.75] $0.80 For a nonilluminated sign: For a sign having an area of less than 20 square feet, except such signs mentioned in 387-9 for which no license is required, per annum [$7.50] $8.00 For a sign having an area of not less than 20 and not more than 30 square feet, per annum [$15.00] $15.75 For a sign having an area of more than 30 and not more than 40 square feet, per annum [$20.00] $21.00 387-14, license to engage in business of erecting, repairing, altering or removing signs [$200.00] $210.00 387-19, [billboard], ground sign or pole sign permit [$10.00] $10.50 387-31, permit for portable sign in public right-of-way for up to 1 year (in lieu of 30-day permit) For each sign not requiring an electrical connection [$100.00] $105.00 For each sign requiring an electrical connection [$125.00] $131.25 Chapter 391, Slaughterhouses 391-2, slaughterhouse license [$150.00] $157.50 391-12, license for rendering dead animals not slaughtered for human food, per year or part thereof [$100.00] $105.00 Chapter 404, Snow Removal Operations 404-4, license for each motor vehicle [$25.00] $26.25 Chapter 413, Streets and Sidewalks 413-4, placement of dumpster on street, roadway or public place [$10.00] $10.50 413-19, pavement opening and replacement Pavement opening [$30.00] $31.50 Deposit to cover cost of pavement replacement [$75.00] $78.75 Cutting street where the pavement has been certified as inexpedient to repair, per opening [$12.00] $12.60 413-37, temporary storage of materials or temporary structures in sidewalk space or roadway 30 day permit, per foot [$0.25] $.30 Minimum [$10.00] $10.50 Sidewalk or roofing contractor annual permit [$100.00] $105.00 413-11, operation of vehicles over weight limitations in 385 of State Vehicle and Traffic Law Inspection For the first mile or fraction thereof traveled by such vehicle on street [$10.00], $10.50 plus For each additional mile [$5.00] $5.25 Annual permit, per annum [$200.00] $210.00 413-46, construction or reconstruction of sidewalk permit, per lot front-age [$2.00] $2.10 413-61, inspection of work done by other than public utility corporation holding franchise from city, per hour for each inspector required, with minimum of 1 hour per inspection [$52.00] $54.60 413-62, inspection of work done by public utility holding franchise from city per hour for each inspector required, with minimum of l hour per inspection [$52.00] $54.60 413-63, permits To construct canopy or marquee For first 50 square feet of horizontal area [$40.00] $42.00 For each additional 50 square feet or fraction thereof of horizontal area [$20.00] $21.00 To construct a sidewalk vault for each 50 square feet or fraction thereof of city-owned land occupied by such vault [$32.00] $33.60 To construct a curb opening 12 feet and under in length, for each opening [$15.00] $15.75 Over 12 feet in length, for each opening [$35.00] $36.75 To construct a new sidewalk [$20.00] $21.00 To make an opening between the curb and property line not entering the roadway for the installation of repairs of sewer and water connections and for the installation of service pipes to abutting property from gas mains laid in the side-walk area, for each such opening; provided, however, that where a permit to open a pavement in front of the premises has been obtained in connection with the same work, no further permit for openings between the curb and the property line shall be required [$20.00] 21.00 To make an opening in the pavement for installation or repair of sewer, water or gas connections, for each such opening [$20.00] $21.00 To install, remove or replace a fuel oil tank, for each 550 gallons. or fraction thereof, of tank capacity [$32.00] $33.60 To remove or. replace an existing gasoline tank, for each such tank [$20.00] $21.00 To perform any other work [$20.00] $21.00 Chapter 421, Subdivision of Land 421-9, application for approval of preliminary layout For each application [$50.00], $52.50 plus For each 2,000 square feet of area or fraction thereof, for the first 100,000 square feet [$2.00] $2.10 For each 2,000 square feet of area or fraction thereof, for the next 100,000 square feet [$1.00] $1.05 Thereafter, for each additional 2,000 square feet of area or fraction thereof [$0.50] $0.55 Chapter 437, Taxicabs and Liveries 437-8, transfer and registration Transfer of license [$20.00] $21.00 Registration of persons desiring taxicab or livery license, annually [$5.00] $5.25 437-12, licenses Taxicab license, for each vehicle [$75.00] $78.75 Taxicab driver's license, including identification card [$15.00] $15.75 Livery license [$50.00] $52.50 Livery driver's license, including identification card [$15.00] $15.75 Duplicate identification card [$0.25] $1.00 Chapter 441, Telephone Booths 441-2, permits Annual permit, per booth $10.00] Annual permit granted after July l, 1989, for each telephone or telephone booth location [$125.00] $131.25 Chapter 454, Tow Trucks 454-6, annual license fee [$25.00] $26.25 Chapter 463, Transient Businesses; Trade Shows and Festivals 463-7, trade show permit [$25.00] $26.25 Chapter 479, Vehicles and Traffic 479-2, storage and towing of vehicles Storing of impounded vehicle [$26.00] $27.50 Towing or moving vehicle to place of storage [$20.00] $21.00 Removal of vehicle from body of water, gully, ditch or underpass and towing or moving to place of storage, for each hour or fraction thereof that police tow truck is engaged in the operation [$13.00] $13.65 plus For each hour or fraction Prevailing rate thereof that any member or of pay per hour members of the Buffalo police force are engaged in the operation: patrolman, motor equipment repairman and/or maintenance man Chapter 483, Vending Machines -483-4, licenses Cigarette machine, per machine [$30.00]$31.50 Coffee machine, per machine [$20.00]$21.00 Indoor milk machine, per machine [$15.00]$15.75 Outdoor milk machine, per machine [$65.00]$68.25 Soft drink machine, per machine [$15.00]$15.75 Candy machine, per machine [$15.00]$15.75 Ice machine, per machine [$40.00]$42.00 Ice cream machine, per machine [$15.00]$15.75 Sandwich, all food and fruit and nut machine, per machine [$15.00] $15.75 Sundry machine (dispensing combs, shoeshine kits, pencils, toys, etc.), per machine [$30.00] $31.50 Shoeshine machine, per machine [$15.00] $15.75 Bowling ball cleaner, per machine [$15.00] $15.75 Novelty machine, per machine [$15.00] $15.75 Chapter 491, Water and Water Pollution 491-7, plumbing license Deposit [$200.00]$210.00 Annual license [$125.00]$131.25 Annual renewal [$125.00]131.25 491-19, additional trip by tapper because pipe is not ready [$15.00] $15.75 491-35,491-36 and 491-60, renewal of turned-off water supply [$15.00] $15.75 491-44, renewal of turned-off water supply with unauthorized water use [$20.00] $21.00 Chapter 511, Zoning 511-55, filing of re- [$200.00], $210.00 stricted use permit plus 10% surcharge for State Environmental Quality Review Act 511-79.9, site development plan review Application for site [$50.00], $52.50 plus plan review $1.00 for each $1,000.00 value of construction or fraction thereof, up to a maximum fee of $1,000.00 511-122, applications and appeals to Board of Appeals Application [$50.00] $52.50 Appeal [$50.00] $52.50 511-126, petition to [$300.00] $315.00 amend change or supple- plus 10% surcharge Iement Chapter 511, Zoning for State Environ mental Quality Review Act APPROVED AS TO FORM R. Peter Morrow Acting Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON FINANCE. No. 197 BY: MR. COLLINS RE: ORDINANCE AMENDMENT CHAPTER 316, SECTION 316-8 PEDDLING AND SOLICITING The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 316, Section 316-8 of the Code of the City of Buffalo be amended to read as follows: 316-8. Hours. No licensee, other than one who peddles popcorn, peanuts, waffles, confections or baker's products, shall peddle on the public grounds of the city before 7:00 a.m. nor after [7:00] 11:00 p.m. (nor at any time on Sunday.) APPROVED AS TO FORM R. Peter Morrow Acting Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMlTTEE ON FINANCE. No. 198 BY: MR. COLLINS RE: ORDINANCE AMENDMENT CHAPTER 413-59 The Common Council of the City of Buffalo does hereby ordain as follows: That Subsection H of Chapter 413-59 of the Code of the City of Buffalo amended to read as follows: H. Upon approval by the Common Council, the annual license fee to be paid by the applicant shall be one dollar [$1.] $1.05 per square foot of cafe encroaching upon the city right-of-way, up to a maximum of five hundred dollars [$500.] $525. APPROVED AS TO FORM R. Peter Morrow Acting Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON FINANCE. No. 199 BY:MR. COLLINS RE: ORDINANCE AMENDMENT CHAPTER 511, SECTION 511-68.1 - HAMLIN PARK OVERLAY REVIEW DISTRICT The Common Council of the City of Buffalo does hereby ordain as follows: That subsection D. of Section 511-68.1 of Chapter 511 of the Code of the City of Buffalo, be amended to read as follows: 511-68.1. Hamlin Park Overlay Review District. A. The Hamlin Park Area, as hereinafter specified, shall be an Overlay Review District. B. Limits. The Hamlin Park Overlay Review District shall comprise the following area: all properties within the area bounded on the north by the center line of Kensington Avenue, on the northeast by the centerline of Humboldt Parkway, on the south by the centerline of East Utica Street, on the west by the centerline of Jefferson Avenue, and on the northwest by the centerline of Main Street. C. Legislative Intent. The Common Council finds that the present zoning regulations are too permissive and inflexible to properly control development in the Hamlin Park area. The Council further finds that such development seriously threatens the residential character and ambience of the Hamlin Park area by increasing population densities, noise levels, traffic congestion and parking problems. The types of uses held to be desirable within the Hamlin Park area include lower density residential uses, which provide adequate off street parking, as well as neighborhood related businesses and services. D. Restricted Uses. 1 Any of the uses which presently are permitted under zoning district regulations of this chapter of the Code of the City of Buffalo or which may be established or extended pursuant to said chapter shall be permitted uses in the Hamlin Park Overlay Review District, but only upon the issuance of a restricted use permit as permitted in subsection E of this section. (The issuance of a permit for improvements amounting to five thousand dollars ($5,000) or less and for the maintenance or repair of properties in conformance with the regulations of the zoning district in which they are located shall be exempt from review.] The issuance of a permit for improvements, maintenance and repairs in the amount of five thousand dollars ($5,000) or less for properties outside the boundaries of the Canisius College campus proper in conformance with the regulations of the zoning district in which they are located shall be exempt from review. The issuance of a permit for improvements, maintenance and repairs in the amount of ten thousand dollars ($10,000) or less for building s and or structures within the boundaries of the Canisius College campus proper and the Main Humboldt Townhouses in conformance with the regulations of the zoning district in which they are located shall be exempt from review. 2 The following listed uses shall be exempt from the review required in this section: (a) Internal modifications of property where no change of use is required. (b) Any action needed to comply with requirement of the law. E. Restricted Use Permit. Any person seeking to establish or extend a use restricted by subsection D of this section shall file an application for a restricted use permit as provided by 511-55 of this chapter. APPROVED AS TO FORM R. Peter Morrow Acting Corporation Counsel NOTE: Matter underlined is new; matter in brackets [ ] to be deleted. REFERRED TO THE COMMlTTEE ON LEGlSLATION. AYES - AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI - 12. NOES - PITTS - 1. No. 200 BY: MR. COLLINS RE: Near Eastside Substance Abuse Council, Inc. WHEREAS: the Near Eastside Substance Abuse Council, Inc. (NESAC) has requested space at the Richard Carnival Center at 118 East Utica Street to operate a drug intervention project; and WHEREAS: the Department of Human Resources has cooperated in identifying adequate space for this project and will provide approximately $30,000.00 toward this operation; and WHEREAS: the problems involving drug abuse in the City of Buffalo is at an epidemic stage and the NESAC is to be commended for their insight and desire to ameliorate these problems; NOW, THEREFORE, BE IT RESOLVED: that this Common Council authorizes the Mayor, Department of Human Resources, and the Comptroller to enter a lease arrangement for $ 1.00 per year, which includes space and utilities, for the operation of this program and that NESAC would provide adequate insurance, as set forth by the City of Buffalo. ADOPTED. No. 201 BY: MR. COPPOLA REQUEST REDUCTION OF SALARY WHEREAS: This Common Council approved salary increases for elected officials to go into effect January 1, 1992; and WHEREAS: As of January 1, 1992, my salary increased $3,895 from $38,000 to $41,895. NOW THEREFORE BE IT RESOLVED THAT I respectfully request your support in foregoing my pay raise until this Common Council receives the annual financial report from the Comptroller's Office with the City of Buffalo's true fiscal position. ADOPTED. No. 202 BY: MR. COPPOLA REQUEST CITY FUNDING FOR AUXILIARY FIRE CORPS WHEREAS: Fifty years ago, the Auxiliary Fire Corps was formed as part of the Civil Defense Department, and hundreds of men volunteered to help augment various fire departments which were seriously short of manpower during World War II; and WHEREAS: The Auxiliary Fire Corps was disbanded at the end of World War II, but was quickly brought back into existence when the Korean War began in 1950 and has been a part of various departments in County government until it was disbanded in October, 1991; and WHEREAS: At that time, the membership consisted of thirty-five volunteers, residents of both the City and County who manned four pieces of fire apparatus, which were owned by the County of Erie hut were housed in quarters provided by the Buffalo Fire Department, which also supplied the gas, oil, and labor to maintain the equipment; and WHEREAS: In recent years, the Corps responded to all three alarm and greater fires, flooding calls, and other special details such as the Erie County Fair, Allentown Art Festival and the Italian Festival; and WHEREAS: Although these volunteers were never allowed to fight fires, they helped in the movement of fire hoses, laying and pumping of additional lines as needed, set up lights and generators, patrolled for live embers that could endanger nearby structures, assisted in the movement of ladders, and relieved fatigued companies so they could return to their quarters sooner; and WHEREAS: While able to respond anywhere in the County, the Auxiliary was not part of any mutual aid plan for the County and were considered to be a service only to the City of Buffalo in recent years. NOW THEREFORE BE IT RESOLVED THAT As the Auxiliary Fire Corps has been housed within firehouses in the City of Buffalo and has served as a relief unit for City fire companies, this Common Council requests that the Commissioner of the Fire Department make arrangements for the Auxiliary to continue to act as a relief unit under the auspices of his department. ADOPTED. No. 203 BY: MR. COPPOLA REQUEST UPDATE ON CNG CONVERSION FOR ALL CITY-OWNED VEHICLES WHEREAS: On three different occasions, this Common Council has gone on record in support of Compressed Natural Gas (CNG) as an alternative fuel for city-owned vehicles; and WHEREAS: The Town of Tonawanda has been a leader in this area in experimenting with the use of CNG as an alternative fuel, and has recently decided to convert all town vehicles to natural gas; and WHEREAS: It has been proven that CNG is a cleaner fuel than gasoline, thus reducing dangerous exhaust emissions; and it is cheaper, costing about twenty-five cents less a gallon than gasoline; and WHEREAS: The Town of Tonawanda has received state grants and a grant from National Fuel Gas for the conversion to CNG. NOW THEREFORE BE IT RESOLVED THAT Due to the bleak financial future of the City of Buffalo, this Common Council requests that the Commissioners of General Services and Administration & Finance actively pursue any grants that may be available in anticipation of converting all cityowned vehicles to Compressed Natural Gas. ADOPTED. No. 204 BY: MR. COPPOLA ESTABLISH COUNTY-WIDE LEGISLATION GOVERNING PAWN SHOP ID WHEREAS: In the City of Buffalo, a pawnbroker must require proper identification of anyone seeking a loan; and WHEREAS: The identification used must contain the name and verified address, as well as age, height, weight, race and gender; and WHEREAS: In the past, pawnshops were an outlet where stolen goods could be easily fenced; therefore, this legislation has been proven effective in tracing items taken in burglaries; and WHEREAS: Although this has been looked into by the Erie County Legislature, at this time there is no county-wide legislation governing proper identification for anyone seeking a loan from a pawn shop. NOW THEREFORE BE IT RESOLVED THAT Due to the success of the legislation governing proper identification for anyone seeking a loan from a pawn shop in the City of Buffalo, this Common Council requests that the Erie County Legislature adopt similar legislation governing all pawn brokers in Erie Country. BE IT FURTHER RESOLVED THAT The City Clerk send a certified copy of this resolution be sent to the Erie County Legislature. ADOPTED. No. 205 BY: MR. COPPOLA IMPOSE COMMUTER TAX WHEREAS: The City of Buffalo, like most cities in the Northeast, is facing the prospect of severe budget deficits now and in the future; and WHEREAS: To alleviate this situation, city officials are presently suggesting imposing further taxes such as a utility tax and user fees at a time when city residents are also facing an increase in city property taxes; and WHEREAS: To relieve city residents of this burden, municipalities across the country such as Philadelphia, New York City, and Cincinnati, have imposed a tax on nonresidents who work in the city commonly known as a commuter tax or wage tax; and WHEREAS: For instance, a l % tax could be withheld from the pay checks of nonresidents who work in the City of Buffalo in both the public and private sectors and, as with all local taxes, would be a federal income tax deduction; and WHEREAS: A l % commuter or wage tax would help the city recoup the 11 sales tax which the County Legislature voted to retain for another year to offset the Erie County budget deficit; and WHEREAS: A commuter or wage tax would help compensate the City for the cost of providing these nonresidents with city services such as police overtime for special events and maintaining public facilities used by county residents such as Kleinhans Music Hall, Pilot Field, the Aud, parks and roadways, just as city residents pay county taxes for county services and to maintain public facilities such as Rich Stadium, parks and roadways. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Mayor, Commissioner of Administration & Finance, Corporation Counsel, Comptroller, and all city union presidents explore the suggestion of imposing a commuter or wage tax on nonresidents who work in the City of Buffalo to help offset the looming deficit facing the City and that they respond to this Council by the next full Council meeting on February 4, 1992; and BE IT FURTHER RESOLVED THAT This Common Council memorialize the New York State Legislature to pass enabling legislation allowing the City of Buffalo to impose a commuter or wage tax on nonresidents; and BE IT FINALLY RESOLVED THAT The city Clerk send certified copies of this resolution to all members of the Western New York delegation in both houses of the State Legislature. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMPTROLLER, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, CORPORATION COUNSEL AND ALL CITY UNIONS. AYES - AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 11. NOES- ARTHUR, PITTS - 2. No. 206 BY: MR. FAHEY Appointment of Marriage Officer Pursuant to Chapter 49 of the Laws of New York (1988), which allow a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of the following person whose appointment as a Marriage Officer shall expire at the end of his elected term of office: Carl A. PerIa, Jr. ADOPTED. No. 207 BY: MR. FAHEY APPOINTMENTS TO JOINT CITY-COUNTY LEAD ACTION TASK FORCE WHEREAS: This Common Council has consistently recognized the threat which lead poisoning represents to the children of Buffalo and has acted numerous times in recent years to support lead poisoning prevention efforts; and WHEREAS: On July 23, 1991 this Council passed item 223, through which it invited Erie County to join in setting up a Task Force to focus awareness on the lead threat and to aid government efforts to curtail that threat ; and WHEREAS: The Erie County Legislature has agreed to participate in the Joint Task Force and has appointed Theresa Calvin, Andres Garcia, Dawn Schimke, Marion Ryman, Dr. Melinda Cameron and Dr. Robert Guthrie to the Task Force; NOW, THEREFORE BE IT RESOLVED THAT: This Common Council hereby appoints the following individuals to the Joint City-County Lead Action Task Force: Grace Andriette Esq. Diane Ciurczak Esq. Neighborhood Legal Services Volunteer Lawyers Project Ellicott Square Bldg. 42 Rounds Avenue 295 Main Street Buffalo, NY 14215 Buffalo, NY 14202 Joan Edwards Diane Heminway TLC Coalition Citizens Environmental Coal. 1200 East & West Rd. 11149 Dunlop Road West Seneca, NY 14224 Medina, NY 14103 James Jerge Beverly Spencer-Palmer Zeon Corporation Geneva B. Scruggs Center 255 Great Arrow Dr. 315 Randwood Road Buffalo, NY 14207 Williamsville, NY 14221 BE IT FURTHER RESOLVED THAT: The City Clerk is hereby directed to send certified copies of this resolution to the above lifted individuals ADOPTED. No. 208 BY: MR. FAHEY MEMORIALIZE NEW YORK STATE: INCREASE UTILITY TAX RATE WHEREAS: The utility tax rate in the City of Buffalo is at the maximum level allowed by State Law; and WHEREAS: An existing budget deficit and anticipated shortfalls in future years makes it necessary to establish programs which will create long term, ongoing revenue sources; and WHEREAS: One such source of guaranteed revenue would be realized through an increase in the utility tax rate from the current 3% to a new rate of 4%; and WHEREAS: In order for the City of Buffalo to implement an increase in the utility tax rate, the New York State Legislature must enact legislation granting such power to the city; NOW, THEREFORE BE IT RESOLVED: That this Common Council memorializes the New York State Legislature to immediately introduce and enact legislation which would grant to the City of Buffalo the power to increase the utility tax by 1% to a maximum of 4%; and BE IT FURTHER RESOLVED: That the City Clerk is hereby authorized and directed to certify passage of this memorialization and to forward copies thereof to the Secretary of the Senate, the Clerk of the Assembly and to the members of the Western New York Delegation to the New York State Legislature. REFERRED TO THE COMMITTEE ON FINANCE, COMPTROLLER, COMMISSIONER OF ADMINISTRATION AND FINANCE, CORPORATION COUNSEL AND THE NEW YORK STATE DELEGATION. AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 9 NOES- ARTHUR, COPPOLA, PERLA, PITTS- 4. No. 209 BY:MR. FAHEY HOME RULE MESSAGE ASSEMBLY BILL NO._______ SENATE BILL NO.__________ UTILITY INCOME TAX WHEREAS, the Common Council of the City of Buffalo at a regular meeting held on the 21st day of January, 1992 adopted a resolution which, among other things, contained the following resolve: "That this Common Council memorializes the New York State Legislature to immediately introduce and enact legislation which would grant to the City of Buffalo the power to increase the utility tax by 1% to a maximum of 4%"; and WHEREAS, there has been introduced in the Assembly a bill numbered _________ and in the Senate a bill numbered ________ which would grant to the City of Buffalo the requested power to increase its utility income tax; and WHEREAS, the necessity exists for the enactment of such legislation because the City of Buffalo does not have the power to enact such legislation by local law without such enabling legislation: NOW, THEREFORE, BE IT RESOLVED, that the City of Buffalo does hereby request the enactment into law of Assembly Bill No. ________ and Senate Bill No.________ entitled: "AN ACT to amend the General City Law, in relation to the rate of tax on utilities authorization for the City of Buffalo." and the City Clerk is hereby authorized and directed to certify the passage of this resolution to the State Legislature and to send copies thereof to the Secretary of the Senate and the Clerk of the Assembly. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, CORPORATION COUNSEL AND THE NEW YORK STATE DELEGATION. AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 9. NOES- ARTHUR, COPPOLA, PERLA, PITTS- 4. No. 210 BY: MR. FAHEY RE: MEMORIALIZE STATE LEGISLATURE STATE CONSTITUTIONAL CONVENTION WHEREAS, In his annual message to the Legislature, Governor Cuomo has called for the convening of a Constitutional Convention; and WHEREAS, The last extensive revision to the State Constitution was in 1938 and since then it has been amended in a piecemeal fashion; and The current constitution has failed to meet the needs of New Yorkers. People across the State are angry at government and the political process believing both to be unresponsive to their needs while making overbearing financial demands upon them; and WHEREAS, A constitutional convention would allow the people of the state to debate issues such as campaign finance, electoral reform, limited legislative initiative, court reorganization, merit selection of judges, pension forfeiture for public officials who use their office corruptly and lobbying reforms; and WHEREAS, Major reforms that could be the result of a Constitutional Convention include: requiring enactment by the Legislature of a balanced budget, on time, and with sanctions if not accomplished; public campaign financing with expenditure limitations; and updating and modernizing the State and local finance provisions of Articles VII and VIII of the Constitution and saving all levels of government millions of tax dollars through the elimination of outdated mandates; and WHEREAS, In order to facilitate a convention by April 1, 1994 as the Governor has proposed, it is necessary for the Legislature to pass a bill in this session that will place the question "Shall there be a convention to revise the Constitution and amend the same?" before the voters on the statewide ballot this November; and NOW, THEREFORE BE IT RESOLVED That this Common Council supports the Governor's proposal for a Constitutional Convention and memorializes the State Legislature to introduce and enact the necessary legislation; and BE IT FURTHER RESOLVED: That the City Clerk is hereby authorized and directed to certify passage of this memorialization and to send copies thereof to the Governor, the Clerk of the Assembly, the Secretary of the Senate, and members of the Western New York Delegation. ADOPTED. AYES- AMOS, BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 9. NOES- ARTHUR, BELL, COLLINS, PITTS- 4. No. 211 BY: MESSRS. FAHEY, AMOS, ARTHUR, AND BELL RE: AUTHORIZATION TO ENTER INTO AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR AN ANTI-DRUG LAW ENFORCEMENT PROGRAM AT KENFIELD/LANGFIELD PUBLIC HOUSING DEVELOPMENTS WHEREAS: The Federal Government has made available formula funding to the New York State Division of Criminal Justice Services for anti-drug law enforcement programs and this funding is available only to municipalities within New York State; and WHEREAS: The Buffalo Municipal Housing Authority submitted a grant application for the Anti-Drug Task Force Program at the Kenfield/Langfield Housing Development; and WHEREAS: The New York State Division of Criminal Justice Services approved the BMHA application and has included in the Grant Award Agreement a total project budget in the amount of $209,576 which is broken down into $150,000 Federal grant and $59,576 in matching funds from the BMHA; and WHEREAS: The Anti-Drug Task Force Program will include the establishment of a BMHA Housing Security Sub-Station in the Kenfield/Langfield Housing Development, daily Housing Security Officer foot patrols, a BMHA Housing Security K-9 Patrol, and the establishment of a volunteer resident security patrol program; and WHEREAS: The New York State Division of Criminal Justice Services has approved the project termination date of September 30, 1992 for the program and agreed to consider second year funding. NOW, THEREFORE, BE IT RESOLVED THAT: The Buffalo Common Council authorizes the Mayor to enter into the Grant Award Agreement between the City of Buffalo and the New York State Division of Criminal Justice Services. BE IT FURTHER RESOLVED THAT: The Buffalo Common Council authorizes the Mayor to enter into Agreement with the Buffalo Municipal Housing Authority for the implementation and administration of the Kenfield/Langfield Anti-Drug Task Force Program. PASSED. AYES- 13 NOES- 0. No. 212 BY: MR. FRANCZYK COUNCIL SUPPORT FOR "SAVE OUR CITIES" MARCH ON WASHINGTON WHEREAS: The U.S. Conference of Mayors has organized a march on Washington for May 16, 1992 in order to focus attention on the fact that since the late 1970's the portion of state and local budgets picked up by Washington has plummeted by one third; and WHEREAS: These cuts have contributed to the deterioration of health care, housing, education, employment, safety and well being in our urban areas; and WHEREAS: The Conference of Mayors is hoping to draw 100,000 people to Washington and wants to create an "Invest in America" campaign using the "Peace Dividend" and other funding sources to reverse the tide of decline in our cities; and WHEREAS: It is important for America's vast urban population to stand up and demand that a reasonable share of national government resources be put to work rebuilding our cities and meeting the needs of those who dwell there; and NOW, THEREFORE BE IT RESOLVED THAT: This Common Council hereby supports the U.S. Conference of Mayors in its efforts to organize a march on Washington and urges the citizens of Buffalo to participate in the march. ADOPTED. No. 213 BY: MR. FRANCZYK USER FEE BASED ON ASSESSED VALUATION NON REGRESSIVE WHEREAS: In order to address the over $16 million city deficit a User Fee has been proposed for garbage pick-up in Buffalo; and, WHEREAS: The City of Rochester has had a user fee for solid waste disposal and street cleaning/snow plowing since 1977; and, WHEREAS: Fees charged in Rochester for garbage pick up is $120.00 per year per homeowner; $240 a year for a double and $260-$265 for multiple dwellings; and, WHEREAS: A flat user fee imposed in Buffalo including tax paying and tax exempt properties would in effect be a regressive tax, hitting poor homeowners, middle class and more affluent homeowners at the same rate; and, WHEREAS: There is a high percentage of Buffalo homeowners who exist at low and moderate income levels, and a flat user fee for garbage pick up would be very onerous; and, WHEREAS: A flat garbage pick-up user fee could in fact be a significant percentage of what the homeowner may already be paying in property taxes; indeed in some cases the fee might be higher than what the homeowner may be paying in property taxes to the city for an entire year; and, "double taxation", when tax exempt property WHEREAS: A flat user fee could in fact become a owners should ideally be solely targeted for a user fee; and, WHEREAS: If the Council determines that a user fee formula be implemented, it should ensure that it will not be regressive; NOW THEREFORE BE IT RESOLVED: That this Common Council study the possibility of implementing a user fee that is based on the assessed full Valuation of property, with lower assessed properties paying less for a user fee than properties with a higher valuation; BE IT FURTHER RESOLVED: That a User Fee based on full assessed valuation be implemented if feasible following discussion with the Council, Administration, Department of Assessment and all relevant parties. REFERRED TO THE COMMITTEE ON FINANCE, COMPTROLLER, COMMISSIONER OF ASSESSMENT, COMMISSIONER OF ADMINISTRATION AND FINANCE, AND THE CORPORATION COUNSEL. AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 10. NOES- ARTHUR, COPPOLA, PITTS- 3. No. 214 BY: MR. FRANCZYK USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND OTHER GRANTS TO CONSTRUCT AND SUBSIDIZE NEW HOUSING PROJECTS SPONSORED BY THE CITY. WHEREAS: A number of city-sponsored new housing construction projects have recently been introduced by the Department of Inspections and Community Revitalization; and, WHEREAS: These projects utilize Community Development Block Grant (CBDG) funds in various forms, most usually through direct purchase subsidies to the purchasers of the units built; and, WHEREAS: This past July, 1991, The Polish Community Center of Buffalo, Inc. proposed two new housing developments for the Fillmore District, including new single and two family homes for a large vacant site between Schutrum and Wick Streets and a senior citizen apartment building on Lewis and Lyman Streets; and, WHEREAS: The Commissioner of Inspections and Community Revitalization stated to the Polish Community Center that there were no CDBG funds available to assist the projects unless the Fillmore Councilmember wished to divert funding from another project line; and, WHEREAS: A number of new single family home projects were announced in other areas of the city shortly thereafter; and, WHEREAS: The documentation submitted to the Common Council is unclear as to the source of the subsidies and other matters and thus could engender suspicion that not all districts and projects receive fair treatment; and, NOW THEREFORE BE IT RESOLVED: That the Common Council wishes to clarify any misconception or miscommunication regarding the use of CDBG funds in assisting new housing construction projects city-wide; and BE IT FURTHER RESOLVED: That the Commissioner of the Department of Inspections and Community Revitalization is requested to file with the Common Council documentation regarding all new housing construction projects in the City of Buffalo using CDBG funds in any manner to assist in the design, site preparation, infrastructure, construction, marketing, purchase subsidy or any other use over the last four years, including current projects, back to 1988; and, BE IT FURTHER RESOLVED: That this documentation shall include: 1) The hype of project, 2) The date of the approval of the Land Disposition Agreement, if applicable, or any other final approval as the case may be, 3) The number of units constructed or proposed, 4) The council district location of the project, 5) The street address(es) of the project, 6) The developer(s) of the project, 7) Fully describe the unit costs (if the costs vary, then a breakdown of the different units by number and costs), 8) List the amount of CDBG funds used in the project and specify how used, 9) Indicate the amount and source of purchase subsidies per unit and per project for each project constructed or proposed (for a completed project specify the amount used and for a proposed project list the amount allocated) 10) Specify the source of all CDBG funds used in any manner listed about by identifying the CDBG Year the funds were granted and the purposes that the funds were originally allocated for and from where any transferred funds originated; and, BE IT FURTHER RESOLVED: That this documentation shall be provided in a timely manner and presented in clear and concise form that will allow easy analysis; and, BE IT FINALLY RESOLVED: That this request also be forwarded to the Commissioner of Community Development for any comments or assistance that he can provide. REFERRED TO THE COMMISSIONER OF ECONOMIC DEVELOPMENT, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 215 BY: MR. FRANCZYK MEMORIALIZE THE STATE LEGISLATURE AND GOVERNOR IN OPPOSITION TO PROPOSED CUTBACKS IN THE WEATHERIZATION PROGRAM. WHEREAS: Plans have been made to consolidate the non-profit agencies performing weatherization services in Erie County from the six agencies currently engaged to three or less; and, WHEREAS: These plans will not be in the best interests of the residents of the City of Buffalo as the agencies that will lose the operations are mostly likely to be community based organizations (CBOs) such as the Polish Community Center of Buffalo, Inc. (PCCB); and, WHEREAS: The possible elimination of weatherization assistance funding to neighborhood based groups and the funneling of the money instead to city-wide non-profits without community connections is a reversal of the longtime New York Department of State's mission of creating a strong community presence by working through organizations such as the PCCB; and, WHEREAS: Community based organizations, such as the PCCB are best suited to performing weatherization services due to their knowledge of the neighborhoods they serve; and, WHEREAS: The PCCB has a long and proven history of commitment to quality service to the residents of its surrounding neighborhoods on the the greater east side of the city through human services, cultural and especially housing programs; and, WHEREAS: The PCCB's Neighborhood Preservation Company combines landlord/tenant referral, housing development, realty services, Section 8 housing, refugee and crisis housing with its Weatherization Assistance Program to create a comprehensive, unique and vital housing program; and, WHEREAS: The loss of the Polish Community Center of Buffalo, Inc., as a subgrantee of the New York State Weatherization Assistance Program would jeopardize the vital network of community service programs offered by the Polish Community Center Neighborhood Preservation Company by eliminating matching funding and complementary program support; and, WHEREAS: In addition to the weakening of neighborhood housing programs run by agencies like the PCCB, the consolidation of weatherization agencies will result in a loss of funding to the City of Buffalo as Federal funds allocated to New York State will be spent elsewhere in the state. NOW THEREFORE BE IT RESOLVED: That this Common Council supports the retention of the Polish Community Center of Buffalo, Inc. as a fully-funded subgrantee of the New York Department of State Weatherization Assistance Program; and, BE IT FURTHER RESOLVED: That this Common Council urges Governor Mario Cuomo and Secretary of State Gail Shaffer to take the appropriate steps to insure the continuation of the Polish Community Center of Buffalo, Inc. as a fully funded weatherization agency; and, BE IT FINALLY RESOLVED: That the City Clerk forward a copy of this resolution to the Governor, Secretary of State and all the members of the local delegation to the State Legislature. ADOPTED. No. 216 BY: MR. HIGGINS APPROVE SETTLEMENT TCI OF NEW YORK, INC. WHEREAS, The above captioned claim is a settlement of a claim for property damage to TCI equipment; and WHEREAS, On July 9, 1991, the Buffalo Division of Water was repairing a water main at Starin Avenue near Taunton Avenue and in so doing inadvertently damaged an underground trunk cable owned by TCI of New York, Inc.; and WHEREAS, The City of Buffalo Department of Law has investigated this matter and verified the fact through the Director of Water that this indeed did occur and that the City is liable for the cost of repairs to these facilities; and WHEREAS, The Acting Corporation Counsel believes this to be a valid claim and, therefore, recommends payment thereof in the amount of $ 4,911.88 NOW THEREFORE, BE IT RESOLVED: That the Comptroller be, and hereby is authorized to make payment of the claim in the amount of ($4,911.88) and that said payment be charged against the "Judgment and Claims Account" for the Division of Water. That checks be drawn on the account of 81-2 General City Charges 410-812-000-00-808 Judgment and Claims Current Year, payable to the respective claimant(s) or plaintiff(s) and their attorneys hereinabove named, in the amount(s) opposite their names and of the proper releases and closing papers. PASSED. AYES- 13 NOES- 0. No. 217 BY: MR. HIGGINS RE: PAYMENT OF CERTAIN SMALL CLAIMS WHEREAS, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and WHEREAS, the subject claims are eligible for consideration under the said procedure; and WHEREAS, the Department of Law has verified the validity of the claims and recommend payment thereof; NOW THEREFORE, BE IT RESOLVED: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law: 1. Buffalo Radiator Corporation Claim for services rendered to the Department of Human Resources in the past fiscal year. $75.00 2. Charismatic Center (Church) Claim for loss of garbage can. $8.99 3. Scott E. Curtis Claim for loss of garbage can. $9.00 4. Sarah Derrick Claim for loss of garbage can. $12.00 5. Yavuz Erk Claim for loss of garbage can. $9.00 6. Peter Geraci Claim for personal property of claimant damaged while performing his duties in the Department of Street Sanitation. $66.22 7. New York State Academy of Fire Science Claim for services rendered to the Fire Department in the past fiscal year. $60.00 8. Theresa Waz Claim for loss of garbage can. $12.50 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES- 13 NOES- 0. No. 218 BY: MRS. LOTEMPIO THE CREATION OF A BUREAU OF ADMINISTRATIVE ADJUDICATION FOR THE ENFORCEMENT OF HOUSING CODES AND ORDINANCES WHEREAS: The City of Buffalo has been plagued by numerous violations of it's housing codes and ordinances for decades; and WHEREAS: Issues related to the failure to comply with orders to satisfy violations of housing codes and ordinances concerning health, zoning, abandonment, overcrowding, sanitation, dilapidation, and absentee landlords have traditionally been litigated in Municipal Courts; and WHEREAS: Litigation in Municipal Courts has hindered the process of rectifying housing violations because of the stringent requirements of the court, the limitations of the court system and the disassociation of the city in the processes; and WHEREAS: The establishment of a "Bureau of Administrative Adjudication" would provide the city with an in-house method to resolve the problem affording greater efficiency and control. The powers and authority of the "Bureau of Administrative Adjudication" should include and not be limited to issuing summonses to violators, organizing and conducting hearings, levy and enforce fines on violators not in compliance and refer violators who are in a chronic delinquent status to a higher court; and WHEREAS: Revenue generated through this "Bureau of Administrative Adjudication" would be kept in a fund to be used to seal, clean and upgrade abandoned buildings to comply with City of Buffalo Codes and ordinances; and WHEREAS: A net result of this "Bureau of Administrative Adjudication" would improve the condition of buildings in the city of Buffalo, force the compliance of owners to adhere to the city's building codes and ordinances and produce revenue directed to the city as a source to rectify building deficiencies. NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests The Department of Inspections and Community Revitalization, The Department of Administration and Finance, The Buffalo Urban Renewal Agency, The City of Buffalo Corporation Counsel and The City of Buffalo Comptroller's Division of Data Processing to organize a meeting to discuss the feasibility of such a Bureau for the City of Buffalo; and BE IT FURTHER RESOLVED THAT: The mentioned City of Buffalo Departments also explore the possibilities of using existing resources and space for the creation of this Bureau of Administrative Adjudication; and BE IT FINALLY RESOLVED THAT: These City Of Buffalo Departments submit a report detailing their recommendations and concerns regarding the creation of such a bureau to the City Clerk's Office, Room. 1308 City Hall by 2:00 P.M. February 18, 1992. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 12. NOES- PITTS- 1. No. 219 BY: MR. PERLA RE; CRIME WATCH SIGNS FOR ARNOLD STREET WHEREAS: Residents of Arnold Street, between Parkdale Avenue and Grant Street , have submitted a petition to the Buffalo Police Department requesting that Crime Watch Signs be installed on their street; and WHEREAS: The block club is asking that these signs be erected at the following locations: 1) on Arnold Street Street at Parkdale facing East and; 2) on Arnold Street at Grant Street facing West. NOW, THEREFORE, BE IT RESOLVED: That this Common Council grants permission to have neighborhood Crime Watch Signs installed at the locations mentioned above by the City of Buffalo Department of Public Works. PASSED. AYES- 13 NOES- 0. No. 220 BY: MR. PERLA RE: CRIME WATCH SIGNS FOR BAYNES & AUBURN STREETS WHEREAS: Residents of Baynes Avenue, between Auburn and West Ferry, have submitted a petition to the Buffalo Police Department requesting that Crime Watch Signs be installed on their street; and WHEREAS: The block club is asking that these signs be erected at the following locations: 1) on Baynes Avenue at Breckenridge facing Auburn and; 2) on Auburn facing Breckenridge. NOW, THEREFORE, BE IT RESOLVED: That this Common Council grants permission to have neighborhood Crime Watch Signs installed at the locations mentioned above by the City of Buffalo Department of Public Works. PASSED. AYES- 13 NOES- 0. No. 221 BY: MR. PERLA RE: CRIME WATCH SIGNS FOR COTTAGE STREET WHEREAS: Residents of Cottage Street, between Virginia and Maryland Street, have submitted a petition to the Buffalo Police Department requesting that Crime Watch Signs be installed on their street; and WHEREAS: The block club is asking that these signs be erected at the following locations: l) on Cottage Street at Virginia facing Cottage Street and; 2) on Maryland Street at Cottage facing Maryland and; 3) on Maryland at College facing College. NOW, THEREFORE, BE IT RESOLVED: That this Common Council grants permission to have neighborhood Crime Watch Signs installed at the locations mentioned above by the City of Buffalo Department of Public Works. PASSED. AYES- 13 NOES- 0. No. 222 BY: MR. PITTS ORDINANCE AMENDMENT SECTION 9 OF CHAPTER 35 SALARY AND WAGE SCHEDULE "F" (LOCAL #2651 - BUILDING INSPECTORS) 1990-1991 The Common Council of the City of Buffalo do ordain as follows: That Subsection (a) of Section 9 of Chapter 35 of the Ordinances of the City of Buffalo, relating to Salary and Wage Schedule "F", Local #2651 Building Inspectors, is hereby amended to read as follows: (See attached Schedule "F") and That the attached Schedule "F" shall be effective retroactive to July 1, 1990. IT IS HEREBY CERTIFIED, Pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM R. Peter Morrow Acting Corporation Counsel PASSED. AYES- 13 NOES- 0. SALARY AND WAGE SCHEDULE "F" July1, 1990 GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 1 26,455 27,620 28,789 29,952 31,123 2 28,161 29,376 30,593 31,807 33,021 3 29,792 31,084 32,380 33,671 34,969 This Schedule "F" shall be effective retroactive to July 1,1990. This schedule is applicable to members of Local #2651 of the American Federation of State, County and Municipal Employees. No. 223 BY: MR. PITTS SALARY ORDINANCE AMENDMENT VARIOUS DEPARTMENTS (LOCAL #2651 - BUILDING INSPECTORS) The Common Council of the City of Buffalo do ordain as follows: That Section l of Chapter 35 of the Ordinances of the City of Buffalo, relating to various departments listed below, under subheadings relating to positions covered by the Local #2651 bargaining agreement, is hereby amended as follows: (NOTE: Old salaries are in brackets) 24 - DEPT INSP & CMMTY REVITALIZATION 1 - DIV OF HOUSING & PROPERTY INSPECTION 011 - INSPECTIONS AND ENFORCEMENT 1 CHIEF ELECTRICAL INSPECT( 28,373-33,304) 29,792-34,969 1 CHIEF PLUMBING INSPECT ( 28,373-33,304) 29,792-34,969 4 CHIEF BUILDING INSPECT ( 28,373-33,304) 29,792 34,969 1 SPRVR. ELEVATOR INSPECT ( 28,373-33,304) 29,792 -34,969 1 HSG. COURT REP (F. GIZZO) ( 26,820-31,449) 28,161-33,021 4 ELECTRICAL INSPECTOR ( 25,195-29,641) 26,455-31,123 5 PLUMBING INSPECTOR ( 25,195-29,641) 26,455-31,123 31 BUILDING INSPECTOR ( 25,195-29,641) 26,455 31,123 2 - DIV OF CMMTY REVITALIZATION 021 - COMMUNITY REVITALIZATION 2 SPRVR. OF BLDG. CONST ( 26,820-31,449) 28,161- 33,021 40 - DEPARTMENT OF PUBLIC WORKS 2 - DIVISION OF BUILDINGS 011 - INSPECT. OF NON-PUBLIC PLANS & STRUCT. 1 BLDG. PLANS INSPECTOR ( 25,195-29,641) 26,455-31,123 2 BLDG INSPECTOR ( 25,195-29,641) 26,455-31,123 1 BLDG PLANS INSP (D KRUG ( 25,195-29,641) 26,455-31,123 022 -PLAN & DESIGN OF PUBLIC BUILDINGS 1 SPRVSR OF BLDG CONST ( 26,820- 31,449) 28,161- 33,021 This ordinance shall be effective retroactive to July 1, 1990. IT IS HEREBY CERTIFIED, Pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. The undersigned, heads of departments and city agencies and appointing powers, each recommends, with respect to the positions set forth in the foregoing ordinance to which he has the power to appointment, and the Director of the Budget recommends that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing ordinance. DEPARTMENT OF INSPECTIONS AND COMMUNITY REVITALIZATION JOSEPH V. SCHOLLARD, Commissioner of Inspections and Community Revitalization DEPARTMENT OF PUBLIC WORKS DAVID P. COMERFORD Commissioner of Public Works THOMAS F. KEENAN Director of the Budget WE, JAMES D. GRIFFIN, Mayor and JOEL A. GIAMBRA, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby certify that the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. JAMES D. GRIFFIN Mayor JOEL A. GIAMBRA Comptroller- APPROVED AS TO FORM R. Peter Morrow Acting Corporation Counsel PASSED. AYES- 13 NOES- 0. No. 224 BY: MR. PITTS SALARY ORDINANCE AMENDMENT 20 - DEPARTMENT OF POLICE The Common Council of the City of Buffalo do ordain as follows: That part of Section l of Chapter 35 of the Ordinances of the City of Buffalo, relating to 20-1 Office of Police Commissioner under the subheading "001 - Administrative" is hereby amended by deleting therefrom: 1 Senior Clerk $18,653 - 20,861 and further That part of Section l of Chapter 35 of the Ordinances of the City of Buffalo, relating to 20-4 Bureau of Administrative Services under the subheading "002 - Management Services" is hereby amended by adding thereto: 1 Computer Programmer $27,080 - 31,678 and further, That part of Section l of Chapter 35 of the Ordinances of the City of Buffalo, relating to 20-4 Bureau of Administrative Services under the subheading "003 - Building and Fleet Maintenance" is hereby amended by deleting therefrom: 1 Superintendent of Police Vehicle Maintenance $30,150 - 35,381 WE, RALPH V. DEGENHART, Commissioner of Police and THOMAS F. KEENAN, Director of the Budget, hereby certify that the deletion of one (1) Senior Clerk position and one (1) Superintendent of Police Vehicle Maintenance position and the creation of one (1) Computer Programmer position is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above mentioned positions, containing a statement of the duties of such positions, 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 positions. RALPH V. DEGENHART Commissioner of Police THOMAS F. KEENAN Director of the Budget APPROVED AS TO FORM R. PETER MORROW Acting Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 225 BY: MR. PITTS ORDINANCE AMENDMENT SECTION 9 OF CHAPTER 35 SALARY AND WAGE SCHEDULE "D" 1990-91 AND 1991-92 The Common Council. of the City of Buffalo does hereby ordain as follows: That part of Subdivision (a) of Section 9 of Chapter 35 of the Ordinances of the City of Buffalo relating to Schedule "D" is hereby amended to read as follows on the attached schedule: SALARY AND WAGE SCHEDULE "D' 1990-91 GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 2 24,096 26,215 28,335 30,453 32,575 3 34,928 4 35,609 5 37,719 6 38,741 7 39,559 8 43,213 9 47,551 This Schedule "D" shall be effective retroactive to July 1,1990. This schedule is applicable to members of Local # 282 of the I.A.F.F., of the AFL-CIO. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. SALARY AND WAGE SCHEDULE "D" 1991-92 GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 2 25,060 27,263 29,468 31,671 33,878 3 36,325 4 37,033 5 39,228 6 40,291 7 41,142 8 44,942 9 49,453 This Schedule "D" shall be effective retroactive to July 1,1991. This schedule is applicable to members of Local #282 of the I.A.F.F., of the AFL-CIO. This schedule shall take effect as per the respective dates on the attached schedule. APPROVED AS TO FORM R. Peter Morrow Acting Corporation Counsel PASSED. AYES- 13 NOES- 0. No. 226 BY:MR. PITTS SALARY ORDINANCE AMENDMENT 21 - DEPARTMENT OF FIRE The Common Council of the City of Buffalo do ordain as follows: That Section l of chapter 35 of the Ordinances of the City of Buffalo, relating to 21-0 Department of Fire, under the various subheadings relating to positions listed below is hereby amended as follows: (NOTE: Old salaries are in brackets) 21 - DEPARTMENT OF FIRE 011 - FIRE FIGHTING SERVICES 4 DIVISION FIRE CHIEF (44,059) 47,551 18 BATTALION CHIEF (40,767) 43,213 42 FIRE CAPTAIN (37,320) 39,559 123 FIRE LIEUTENANT (35,584) 37,719 716 FIREFIGHTER (22,732-30,731) 24,096-32,575 012 - FIRE PREVENTION SERVICES 1 BATTALION CHIEF ( 40,767) 43,213 1 FIRE CAPTAIN ( 37,320) 39,559 7 FIRE LIEUTENANT ( 35,584) 37,719 013 - FIRE BOAT SERVICES 4 MASTER OF FIRE BOAT (37,320) 39,559 4 MARINE ENGINEER (35,584) 37,719 4 ASSIST MARINE ENGINEER (32,951) 34,928 1 MARINE OILER (22,732-30,731) 24,096-32,575 021 - ADMINISTRATIVE SERVICES 1 COMMISSIONER OF FIRE ( 64,655) 68,534 4 DEPUTY COMMISSIONER ( 56,459) 59,847 1 CHIEF FIRE ADMIN ( 37,320) 39,559 022 - FIRE DEFENSE & TRAINING SERVICES 1 BATTALION CHIEF ( 40,767) 43,213 1 FIRE CAPTAIN ( 37,320) 39,559 1 FIRE LIEUTENANT ( 35,504) 37,719 023 - FIRE ALARM TELEGRAPH SYSTEM 1 SPRNTNDFIRE ALARM SYS ( 40,767) 43,213 1 CHIEF OF COMMUNICATIONS( 40,767) 43,213 1 ASST SUPERINTENDANT FIRE ALARM SYSTEM ( 37,320) 39,559 4 FIRE ALARM DISPATCHER ( 36,548) 38,741 12 ASST FIRE ALARM DISPER ( 33,593) 35,609 032 - SERVICING AUTOMOTIVE EQUIPMENT 1 SPRNTND FIRE APPARAT( 40,767) 43,213 This ordinance shall be effective retroactive to July 1, 1990. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance Is necessary. WE, JAMES D. GRIFFIN, Mayor and PAUL S. SHANKS, Commissioner of Fire each recommends, with respect to the positions set forth in the foregoing ordinance to which he has the power of appointment, and the Director of the Budget recommends that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing ordinance. JAMES D. GRIFFIN Mayor PAUL S. SHANKS Commissioner of Fire THOMAS F. KEENAN Director of the Budget WE, JAMES D. GRIFFIN, Mayor and JOEL A. GIAMBRA, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby certify that considering the determination of the public arbitration panel and contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM R. Peter Morrow Acting Corporation Counsel PASSED. AYES- 13 NOES- 0. No. 227 BY: MR. PITTS SALARY ORDINANCE AMENDMENT 21 - DEPARTMENT OF FIRE The Common Council of the City of Buffalo do ordain as follows: That Section l of Chapter 35 of the Ordinances of the City of Buffalo, relating to 21-0 Department of Fire, under the various subheadings relating to positions listed below is hereby amended as follows: (NOTE: Old salaries are in brackets) 21 - DEPARTMENT OF FIRE 011 - FIRE FIGHTING SERVICES 4 DIVISION FIRE CHIEF (47,551) 49,453 18 BATTALION CHIEF (43,213) 44,942 42 FIRE CAPTAIN (39,559) 41,141 123 FIRE LIEUTENANT (37,719) 39,228 716 FIREFIGHTER ( 24,096-32,575) 25,060-33,878 012 - FIRE PREVENTION SERVICES 1 BATTALION CHIEF ( 43,213) 44,942 1 FIRE CAPTAIN ( 39,559) 41,141 7 FIRE LIEUTENANT ( 37,719) 39,228 013 - FIRE BOAT SERVICES 4 MASTER OF FIRE BOAT (39,559) 41,141 4 MARINE ENGINEER (37,719) 39,228 4 ASST MARINE ENGINEER (34,928) 36,325 1 MARINE OILER ( 24,096-32,575) 25,060-33,878 021 - ADMINISTRATIVE SERVICES 1 COMMISSIONER OF FIRE ( 68,534) 71,275 4 DEPUTY COMMISSIONER ( 59,847) 62,241 1 CHIEF FIRE ADMIN ( 39.559) 41,141 022 - FIRE DEFENSE & TRAINING SERVICES 1 BATTALION CHIEF ( 43,213) 44,942 1 FIRE CAPTAIN ( 39,559) 41,141 1 FIRE LIEUTENANT ( 37,719) 39,228 023 - FIRE ALARM TELEGRAPH SYSTEM 1 SUPERINTENDENT OF FIRE ALARM SYSTEM ( 43,213) 44,942 1 CHIEF OF COMMUNICATIONS( 43,213) 44,942 1 ASSISTANT SUPERINTENDENT OF FIRE ALARM SYSTEM ( 39,559) 41,141 4 FIRE ALARM DISPATCHER ( 38,741) 40,291 12 ASST FIRE ALARM DISPER ( 35.609) 37,033 032 - SERVICING AUTOMOTIVE EQUIPMENT 1 SUPERINTENDENT OF FIRE APPARATUS ( 43.213) 44,942 This ordinance shall be effective retroactive to July 1 1991. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance Is necessary. WE, JAMES D. GRIFFIN, Mayor and PAUL S. SHANKS, Commissioner of Fire each recommends, with respect to the positions set forth in the foregoing ordinance to which he has the power of appointment, and the Director of the Budget recommends that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing ordinance. JAMES D. GRIFFIN Mayor PAUL S. SHANKS Commissioner of Fire THOMAS F. KEENAN Director of the Budget WE, JAMES D. GRIFFIN, Mayor and JOEL A. GIAMBRA, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby certify that considering the determination of the public arbitration panel and contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM R. Peter Morrow Acting Corporation Counsel PASSED. AYES- 13 NOES- 0. No. 228 BY: MESSRS. PITTS & FAHEY SET PUBLIC HEARING: PROPOSED LAND DISPOSITION AGREEMENT FOR A PORTION OF WATERFRONT REDEVELOPMENT PROJECT NYR-35 DISPOSITION PARCEL 7 WHEREAS, Western New York Public Broadcasting Association, and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, The City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition Agreement for the disposition of a portion of Waterfront Redevelopment Project NYR-35; and WHEREAS, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 24th day of January 1992. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 4th day of February 1992. ADOPTED. No. 229 BY: MR. ZUCHLEWSKI MEMORIALIZE GOVERNOR AND STATE LEGISLATURE TO ADOPT BUDGET ON TIME WHEREAS: For the past seven years, the State of New York has failed to have a budget in place by April 1st for the next fiscal year, resulting in millions of taxpayers' dollars being spent by local governments in borrowing and spending reserves as they awaited state aid allotments; and WHEREAS: The late 1991-92 State budget cost the City of Buffalo an estimated two million dollars, and made it very difficult for the City of Buffalo to prepare a timely budget; and WHEREAS: Presently no penalties exist for elected officials who are shirking their responsibilities to implement a timely budget; and WHEREAS: Implementing policies to encourage timely budget adoption such as the adoption of the Governor's budget if one is not adopted by the Legislature on or before April 1, the prohibition of the emergency appropriation bills allowing state government to continue when there is no budget, and requiring those who fail to have a budget by April 1 to lose a day's pay for each day the budget is delayed would assist in making sure the budget is in place on time; and WHEREAS: The importance of a timely 1992-93 State budget is necessary so that the City of Buffalo and others may begin working on their own budget crisis knowing what state aid allotments are forthcoming, enabling the 1992-93 City budget to be in place by July 1, 1992 to avoid Buffalo taxpayers dollars being wasted due to the inability of the State adopting a budget on time. NOW, THEREFORE BE IT RESOLVED THAT: The Common Council of the City of Buffalo goes on record urging State Lawmakers to follow the mandates of adopting a budget by April 1 and to establish penalties for the failure to do so; and BE IT FURTHER RESOLVED THAT: That this Honorable Body memorializes the Governor of New York State, Mario M. Cuomo, and the New York State Legislature to take whatever actions are necessary to be sure that the budget for fiscal year 1992-93 be adopted on time; BE IT FINALLY RESOLVED THAT: That the City Clerk be directed to forward certified copies of this resolution to the Governor of New York State and the New York State Legislature. ADOPTED. No. 230 BY: MR. ZUCHLEWSKI RE:AMENDING SECTION # 53 ( VEHICLE, CITY-OWNED ) WHEREAS: The City of Buffalo has over 1100 City owned vehicles that are used by various department heads and/or staff personnel and are registered to the City of Buffalo; and 's finances WHEREAS: The use of these vehicles has an adverse effect on the city in terms of maintenance, storage, and daily usage; and WHEREAS: The Buffalo Common Council is in the process of exploring ways to trim the anticipated $40 million budget deficit for the 1992/93 budget year ; and WHEREAS: The Common Council must find ways to save dollars in all departments in an effort to trim the City of Buffalo's deficit, without hampering 24 hour vehicle service to the Mayor, Comptroller, Council President, and Commissioners of Police, Fire, Streets, Public Works or to such vehicles as the Commissioners designate for the purpose of 24 hour emergency service; and WHEREAS: Limiting the usage of City registered vehicles to what is considered an average working day (8 to 10 Hours) could result in a substantial savings at year's end; and NOW, THEREFORE, BE IT RESOLVED: That the Buffalo Common Council requests the Corporation Counsel to prepare an amendment to section #53 of the Ordinances of the City of Buffalo "Vehicles, City-Owned" to read: THAT THE USE OF VEHICLES REGISTERED TO THE CITY OF BUFFALO SHOULD ONLY BE DESIGNATED ON A 24 HOURS BASIS TO THE MAYOR, COMPTROLLER, COUNCIL PRESIDENT, AND COMMISSIONERS OF POLICE, FIRE, PUBLIC WORKS, AND STREETS; and BE IT FURTHER RESOLVED: THAT THE COMMISSIONERS OF THESE VARIOUS DEPARTMENTS DESIGNATE OTHER CITY OWNED VEHICLES TO BE ASSIGNED ON A 24 HOUR BASIS FOR EMERGENCY PURPOSES ONLY. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMPTROLLER, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, AND THE CORPORATION COUNSEL No. 231 BY: MR. ZUCHLEWSKI SNOW REMOVAL WHEREAS: For several years, the Commissioner of Street Sanitation has been required by law to submit his department's annual snow removal plan; and WHEREAS: The snow removal plan details the two phase system the department will employ depending on the severity of any given storm and the department's ability to keep up with the accumulation of snow; and WHEREAS: Phase I utilizes men and equipment strictly from the Department of Street Sanitation; Phase II is "The Snow Emergency Phase" of the department's plan which calls in other city departments to assist in snow removal efforts when the Streets Department "becomes overwhelmed because of the excess accumulation of snow;" and WHEREAS: The plan further lists the number of vehicles in the department available for snow removal and the number and types of equipment assigned to each district; and WHEREAS: It is the department's intention to clear primary and secondary roads, and streets adjacent to hospitals and emergency services as its first step in snow removal and to concentrate on the side streets after the main thoroughfares are clean and safe; and WHEREAS: The snow that has fallen almost constantly between Tuesday, January 14 and Monday, January 20, and the accompanying sub-freezing temperatures have caused severe problems in the City of Buffalo; and WHEREAS: The Commissioner of the Department of Street Sanitation, by the terms of his snow plan, should have accelerated the operation of his department or called in other departments to assist in snow removal; and WHEREAS: Many main thoroughfares are still in deplorable condition and sidestreets have been literally untouched; and WHEREAS: The Commissioner of Street Sanitation has an obligation to explain to the residents and taxpayers of the City of Buffalo and this Common Council what actions he took to remove the snow from congested city streets; NOW, THEREFORE, BE IT RESOLVED: That the Common Council requests that the Commissioner of Street Sanitation submit a report by the next Council meeting which details snow removal actions taken by the department, the number of men used per district and city wide per shift, the number and types of equipment used per district and city wide per shift, any emergency measures taken, the amount of overtime given per district, if any, the condition of all usable snow removal equipment and the number of vehicles that are out of service. ADOPTED. No. 232 BY: MR. ZUCHLEWSKI Felicitations and/or In Memoriams Attached hereto are Felicitations or In Memoriams sponsored by members of the Common Council: Felicitation for "Catholic Schools Week" By Councilmember Arthur and the City Clerk is hereby directed to have the above resolutions framed at a cost not to exceed Seven Dollars and Fifty Cents ($7.50) each. ADOPTED. No. 233 BY: MR. ZUCHLEWSKI Appointments Commissioners of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending, December 31, 1992, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the city Clerk: Jo Ann Bash Angeline L. Czarnecki David J. Kulick Patricia A. Lorich Cleon O. Service Mary Ann B. Skulski Amy R. Stewart TOTAL: 7 ADOPTED. No. 234 BY: MR. ZUCHLEWSKI Appointments Commissioners of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1992, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Anthony J. LoTempio TOTAL: 1 ADOPTED. UNFINISHED BUSINESS No. 235 BOND RES. - $30,000 - CAFETERIA ROOF - SCH. 53 (ITEM NO. 63, C.C.P., JANUARY 7, 1992) Mr. Fahey moved that Item No. 63, C.C.P., January 7, 1992, be taken from the table. Seconded by Mr. Franczyk. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 13 NOES- 0. No. 236 BOND RES. - $35,000 - ROOF - J. JONES SERVICE CENTER (ITEM NO. 64, C.C.P., JANUARY 7, 1992) Mr. Fahey moved that It: No. 64, C.C.P., January 7, 1992, be taken from the table. Seconded by Mr. Franczyk. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 13 NOES- 0. No. 237 BOND RES. - $39,000 - PHONE SYSTEM - SCHOOL 12 (ITEM NO. 65, C.C.P., JANUARY 7, 1992) Mr. Fahey moved that It: No. 65, C.C.P., January 7, 1992, be taken from the table. Seconded by Mr. Franczyk. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 13 NOES- 0. No. 238 BOND RES. - $46,000 - PHONE SYSTEM - SCHOOL 72 (ITEM NO. 66, C.C.P., JANUARY 7, 1992) Mr. Fahey moved that It: No. 66, C.C.P., January 7, 1992, be taken fro: the table. Seconded by Mr. Franczyk. CARRIED. Mr. Fahey moved that the above it: be approved. Seconded by Mr. Bakos. PASSED. AYES- 13 NOES- 0. No. 239 BOND RES. - $150,000 - ROOF - FULTON ACAD. (ITEM NO. 67, C.C.P., JANUARY 7, 1992) Mr. Fahey moved that Item No. 67, C.C.P., January 7, 1992, be taken from the table. Seconded by Mr. Franczyk. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 13 NOES- 0. No. 240 BOND RES. - $300,000 - SOUTHSIDE BRIDGE (ITEM NO. 68, C.C.P., JANUARY 7, 1992) Mr. Fahey moved that Item No. 68, C.C.P., January 7, 1992, be taken from the table. Seconded by Mr. Franczyk CARRIED. Mr. Fahey moved that the above it: be approved. Seconded by Mr. Bakos. PASSED. AYES- 13 NOES- 0. No. 241 BOND RES. - $300,000 - STEVENSON BRIDGE (ITEM NO. 69, C.C.P., JANUARY 7, 1992) Mr. Fahey moved that Item No. 69, C.C.P., January 7, 1992, be taken from the table. Seconded by Mr. Franczyk. CARRIED. Mr. Fahey moved that the above it: be approved. Seconded by Mr. Bakos. PASSED. AYES- 13 NOES- 0. No. 242 BOND RES. - $360,000 - CAFETERIA - SCHOOL 74 (ITEM NO. 70, C.C.P., JANUARY 7, 1992) Mr. Fahey moved that It: No. 70, C.C.P., January 7, 1992, be taken from the table. Seconded by Mr. Franczyk. CARRIED. Mr. Fahey moved that the above it: be approved. Seconded by Mr. Bakos. PASSED. No. 243 BOND RES. - $500,000 - CAFETERIA - SCHOOL 33 (ITEM NO. 71, C.C.P., JANUARY 7, 1992) Mr. Fahey moved that It: No. 71, C.C.P., January 7, 1992, be taken from the table. Seconded by Mr. Franczyk. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 13 NOES- 0. No. 244 BOND RES;. - $500,000 - OHIO STREET BRIDGE (ITEM NO. 72, C.C.P., JANUARY 7, 1992) Mr. Fahey moved that Item No. 72, C.C.P., January 7, 1992, be taken from the table. Seconded by Mr. Franczyk. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 13 NOES- 0. No. 245 BOND RES. - $600,000 - LOUISIANA VIADUCT (ITEM NO. 73, C.C.P., JANUARY 7, 1992) Mr. Fahey moved that It: No. 73, C.C.P., January 7, 1992, be taken from the table. Seconded by Mr. Fahey. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED AYES- 13 NOES- 0. No. 246 BOND RES. - $1,500,000 - ERIE BASIN MARINA (ITEM NO. 74, C.C.P., JANUARY 7, 1992) Mr. Fahey moved that Item No. 74, C.C.P., January 7, 1992, be taken from the table. Seconded by Mr. Franczyk. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 13 NOES- 0. No. 247 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. REGULAR COMMITTEES CIVIL SERVICE Tuesday, JAN 28, 1992 9:30 AM FINANCE Tuesday, JAN 28, 1992 Immediately Following Civil Service LEGISLATION Tuesday, JAN 28, 1992 2:00 PM ECON DEVELOP. Wednesday, JAN 29, 1992, 10:00 AM No. 248 Adjournment On motion by Mr. Fahey Seconded by Mr. Perla, the council adjourned at 4:30 P.M. Charles L. Michaux III City Clerk Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.