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HomeMy WebLinkAbout92-0623 No. 13 Common Council Proceedings of the City of Buffalo Special Session, June 23, 1992 Regular Meeting, June 23, 1992 Pension Meeting, June 25, 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 BUDGET : Hon. Archie L. Amos, Jr., Chairperson, Hon. Norman M. Bakos, Hon. Eugene M. Fahey, Hon. James W. Pitts, Hon. Dale Zuchlewski, Hon. Joel A. Giambra, Mr. Richard Planavsky. SPECIAL COMMITTEE ON CATV : Hon. James W. Pitts, Chairman, Hon. Archie L. Amos, Hon. Brian M. Higgins, Hon. Rosemarie LoTempio, Dale Zuchlewski. 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. TASK FORCES TASK FORCE- AUDITORIUM-STADIUM: Hon. James W. Pitts, Chairman, Hon. Alfred T. Coppola, Hon. Eugene M. Fahey, Hon. Dale Zuchlewski, Henry Nowak, Anthony Masiello, Dennis Gorski, Roger Blackwell, Vincent Tese, Charles Rosenow, George Gould, George Wessel, William Greely, Women for Downtown/Designee, Donald Quinlan, Rev. Bennett Smith. 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. EDUCATION FUNDING FORMULA REVIEW TASK FORCE- Hon. Brian M. Higgins, Chairman; Hon. Archie L. Amos, Hon. Dale Zuchlewski, Judith Fisher, Mozella Richardson, Dr. Oscar Smuckler. POLICE REORGANIZATION TASK FORCE- Hon. Eugene M. Fahey, Chairman; Hon. George K. Arthur, Hon. Clifford Bell, Hon. Rosemarie LoTempio, Michael Trimboli, Ralph Degenhart, Edward C. Hempling, Richard Donovan, Kenneth R. Kirby, Richard Planavsky, George J. Panepinto, Martha Dippel, James J. McMahon, Craig Speers, William Dunford, Levirn Hill, John V. Elmore. STREETS DEPARTMENT OVERSIGHT TASK FORCE- Hon. Alfred T. Coppola, Chairman; Hon. Brian M. Higgins, Hon. Dale Zuchlewski, Bart Sumbrum/Designee, John Scardino. COMMON COUNCIL CITY HALL, BUFFALO N.Y. SPECIAL SESSION JUNE 23, 1992 at: 11:00 A.M. Present- George K. Arthur, President of the Council and Councilmembers: Amos, Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla, Pitts, Zuchlewski - 13. Absent- None. No. 1 Mr. Charles L. Michaux, III City Clerk 1308 City Hall Buffalo, New York Dear Mr. Michaux: Pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Council Members of the City of Buffalo, dated June 17, 1992, presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on June 23, 1992 at 11:00 a.m. for the following purpose: To receive, consider and take appropriate action on Bond Resolutions relating to fiscal year 1991-92 Projects. RECEIVED AND FILED Hon. George K. Arthur President of the Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 30 of the Charter of the City of Buffalo, for the following purpose: To receive, consider and take appropriate action on Bond Resolutions relating to fiscal year 1991-92 Projects. WE request that this Special Meeting be held on June 23, 1992 at 11:00 am. David Franczyk Alfred T. Coppola Rosemarie LoTempio Brian Higgins Norman Bakos Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: ARCHIE L. AMOS, JR. DAVID FRANCZYK NORMAN M. BAKOS CARL A. PERLA, JR. CLIFFORD BELL BRIAN HIGGINS DAVID COLLINS ROSEMARIE LoTEMPIO ALFRED T. COPPOLA JAMES W. PITTS EUGENE M. FAHEY DALE ZUCHLEWSKI hereby states that he received twenty-four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council dully called to be held on June 23, at 11:00 a.m. STATE OF NEW YORK COUNTY OF ERIE ) SS: CITY OF BUFFALO) On this 19th day of June, 1992, before me, the subscribers, personally appeared David Franczyk, Norman, Alfred T. Coppola, Rosemarie LoTempio, Clifford Bell, Brian Higgins, Dale Zuchlewski, David Collins, Carl A. Perla, Jr., Archie L. Amos, Jr. to me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Richard F. Okoniewski Commissioner of Deeds, In and for the City of Buffalo, N.Y. My commission expires 12/31/92 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Council Members, dated June 17, 1992 the HON. GEORGE K. ARTHUR, President of the Common Council, has called a Special Meeting of the Common Council, to be held In the Council Chambers, City Hall, Buffalo, New York, on June 23, 1992 at 11:00 a.m. for the following purpose: To receive, consider and take appropriate action on Bond Resolutions relating to fiscal year 1991-92 Projects. No. 2 BY: MR. COLLINS BOND RESOLUTION $100,000 SERIAL BONDS STREET LIGHT IMPROVEMENTS IN THE UNIVERSITY DISTRICT AND THE NIAGARA DISTRICT ACCOUNT 200-401-008 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $100,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF STREET LIGHT IMPROVEMENTS IN THE UNIVERSITY DISTRICT AND THE NIAGARA DISTRICT, AT THE ESTIMATED MAXIMUM COST OF $100,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of Thirty-Five Thousand Dollars ($100,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of street light improvements on Davidson Avenue in the University District and in the area surrounding Days Park In the Niagara District. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $100,000 as set forth in the duly adopted Capital Improvements Budget, as amended, of said City for fiscal year 1991-92. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "University & Niagara District Lighting 1991-92," Bond Authorization Account No. 200-401-008, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $100,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 35 of the Local Finance Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 5 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond -anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: JUN 23 1992 LAID ON THE TABLE No. 3 BY MR. COLLINS BOND RESOLUTION $125,000 SERIAL BONDS HANDICAPPED ACCESS IMPROVEMENTS AT EMERSON VOCATIONAL HIGH SCHOOL ACCOUNT 299-970-086 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $125,000 SCHOOL SERIAL BONDS OF SAID CITY TO FINANCE THE COST OF HANDICAPPED ACCESS IMPROVEMENTS AT EMERSON VOCATIONAL HIGH SCHOOL, AT THE ESTIMATED TOTAL COST OF $125,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue School Serial Bonds of said City in the principal amount of One Hundred Twenty-Five Thousand Dollars ($125,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of Handicapped Access Improvements at Emerson Vocational High School. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $125,000 as set forth in the duly adopted Capital Improvements Budget, as amended, of said City for fiscal year 1991-92. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Board of Education, "Handicapped Access Improvements 1991-92", Bond Authorization Account No. 299-970-086, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $125,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated:. (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 (a) 35. of the Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond -anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: JUN 23, 1992 LAID ON THE TABLE No. 4 BY MR. COLLINS BOND RESOLUTION $130,000 SERIAL BONDS THE INSTALLATION OF TRAFFIC SIGNALS ACCOUNT 200-401-006 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $130,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE ACQUISITION AND INSTALLATION OF TRAFFIC SIGNALS AT TIMON AND BEST STREETS AND AT 120 CENTRAL AVENUE, AT THE ESTIMATED MAXIMUM COST OF $130,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of One Hundred Thirty Thousand Dollars ($130,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the acquisition and installation of a new traffic signal at the intersection of Timon and Best Streets, at the estimated maximum cost of Eighty Thousand Dollars ($80,000), and the acquisition and installation of a sight-impaired traffic signal at 120 Central Avenue, at the estimated maximum cost of Fifty Thousand Dollars ($50,000). The estimated total maximum cost of said specific objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is One Hundred Thirty Thousand Dollars ($130,000) as set forth in the duly adopted Capital Improvements Budget, as amended, of said City for fiscal year 1991-92. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Installation of Traffic Signals - 2 locations 1991-92," Bond Authorization Account No. 200-401-006, and shall be used for the purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Bond Resolution, in the amount of $130,000. This resolution is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 72 2nd (a) of the Local Finance Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby-irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: JUN 23, 1992 LAID ON THE TABLE No. 5 BY MR. COLLINS BOND RESOLUTION $150,000 SERIAL BONDS THE RECONSTRUCTION OF DELAWARE PARK LABOR CENTER ACCOUNT 200-402-081 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $150,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE PARTIAL RECONSTRUCTION OF THE DELAWARE PARK LABOR CENTER, AT THE ESTIMATED MAXIMUM COST OF $150,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of One Hundred Fifty Thousand Dollars ($150,000), pursuant to the provisions of the Charter of aid City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the partial reconstruction of the building known as the Delaware Park Labor Center. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $150,000 as set forth in the duly adopted Capital Improvements Budget, as amended, of said City for fiscal year 1991-92. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction of Delaware Park Labor Center-1991-92," Bond Authorization Account No. 200-402-081, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $150,000. This resolution is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of at least Class "B" construction as defined by Section 11.00 a. 11 (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 12. (a) (2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the $150,000 bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: JUN 23, 1992 LAID ON THE TABLE No. 6 BY MR. COLLINS BOND RESOLUTION $150,000 SERIAL BONDS THE INSTALLATION OF TRAFFIC SIGNALS ACCOUNT 200-401-005 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $150,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, AND THE APPLICATION OF $450,000 EXPECTED TO BE RECEIVED FROM THE UNITED STATES OF AMERICA TO FINANCE THE COST OF THE ACQUISITION AND INSTALLATION OF TRAFFIC SIGNALS ON MAIN STREET, AT THE ESTIMATED MAXIMUM COST OF $150,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of One Hundred Fifty Thousand Dollars ($150,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); and to apply $450,000 grant funds to be expected to be received from the United States of America, to finance the cost of the acquisition and installation of coordinated traffic signals along Main Street between Goodell and Ferry Streets. The estimated maximum cost of said specific objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is Six Hundred Thousand Dollars ($600,000) as set forth in the duly adopted Capital Improvements Budget, as amended, of said City for fiscal year 1991-92. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Installation of Traffic Signals on Main Street 1991-1992," Bond Authorization Account No. 200-401-005, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Bond Resolution, in the amount of $150,000. This resolution is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 72 2nd (a) of the Local Finance Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: JUN 23, 1992 LAID ON THE TABLE No. 7 BY: MR. COLLINS BOND RESOLUTION $200,000 SERIAL BONDS RECONSTRUCTION OF CURBS AND SIDEWALKS ACCOUNT 200-401-007 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $200,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE CONSTRUCTION AND RECONSTRUCTION OF CURBS AND SIDEWALKS ON BARKER PLACE AND IN THE SOUTH DISTRICT IN THE CITY, AT THE ESTIMATED MAXIMUM COST OF $200,000. (Account 200-401-007) THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of Two Hundred Thousand Dollars ($200,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the construction of new curbs and sidewalks and the reconstruction of existing curbs and sidewalks on Barker Place at the estimated maximum cost of $50,000, and in various areas in the South District in the City at the estimated maximum cost of $150,000. The total estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $200,000 as set forth in the duly adopted Capital Improvements Budget, as amended, of said City for fiscal year 1991-92. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Replacement of Sidewalks-Barker Place & South District-1991-92," Bond Authorization Account No. 200-401-007, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Bond Resolution, in the amount of $200,000. This resolution is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 24 of the Local Finance Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City -of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: JUN 23, 1992 LAID ON THE TABLE No. 8 BY: MR. COLLINS BOND RESOLUTION $200,000 SERIAL BONDS CONSTRUCTION OF BAILEY KENSINGTON RECREATION CENTER ACCOUNT 200-402-002 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $200,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, IN ADDITION TO THE $1,467,000 GENERAL IMPROVEMENT SERIAL BONDS HERETOFORE AUTHORIZED, IN ADDITION TO THE APPLICATION OF STATE AND FEDERAL FUNDS IN THE AGGREGATE AMOUNT OF $69,000 HERETOFORE APPROPRIATED, AND $83,000 CURRENT FUNDS HERETOFORE APPROPRIATED, TO FINANCE THE COST OF THE CONSTRUCTION OF THE BAILEY KENSINGTON RECREATION CENTER, AT THE ESTIMATED MAXIMUM COST OF $1,819,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of Two Hundred Thousand Dollars ($200,000), in addition to the $1,467,000 General Improvement Serial Bonds heretofore authorized, pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); in addition to the application of State and federal funds in the aggregate amount of $69,000 heretofore appropriated, and $83,000 current funds heretofore appropriated, to finance the cost of the construction of the Bailey Kensington Recreation Center and to purchase the original furnishings, equipment, machinery and apparatus required in connection with the purchase for which said building is to be used. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,819,000 as set forth in the duly adopted Capital Improvements Budget, as amended, of said City for fiscal year 1991-92. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Construction of Bailey Kensington Recreation Center-1991-92," Bond Authorization Account No. 200-402-002, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance on an interim basis, the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $200,000. This resolution is a declaration of official intent adopted pursuant to the requirements of' Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of at least Class "B" construction as defined by Section 11.00 a. 11 (b) 6f the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 11. (b) of the Local Finance Law, is twenty (20) years, however the proposed maturity of the bonds shall not extend beyond June 1, 2006. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the $200,000 bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expert money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: JUN 23, 1992 LAID ON THE TABLE No. 9 BY: MR. COLLINS BOND RESOLUTION $200,000 SERIAL BONDS THE ACQUISITION AND IMPROVEMENT OF THE POLISH UNION OF AMERICA BUILDING ACCOUNT 200-402-001 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $200,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE ACQUISITION AND IMPROVEMENT OF THE POLISH UNION OF AMERICA BUILDING LOCATED AT 761 FILLMORE AVENUE TO BE USED AS A SENIOR CITIZENS COMMUNITY CENTER, AT THE ESTIMATED MAXIMUM COST OF $200,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bond of said City in the principal amount of Two Hundred Thousand Dollars ($200,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the acquisition of the Polish Union of America Building located at 761 Fillmore Avenue in the City, including improvement of the site, original furnishings, equipment and apparatus required for the use of the building as a senior citizens community center. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $200,000 as set forth in the duly adopted Capital Improvements Budget, as amended, of said City for fiscal year 1991-92. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Acquisition and Reconstruction of P.U.A. Building 1991-92," Bond Authorization Account No. 200-402-001, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $200,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (1). Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of at least Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 11 (b) of the Local Finance Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: JUN 23, 1992 LAID ON THE TABLE No. 10 BY: MR. COLLINS BOND RESOLUTION $300,000 SERIAL BONDS THE CONSTRUCTION OF A STAGE IN DELAWARE PARK ACCOUNT 200-717-030 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $300,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE CONSTRUCTION OF A STAGE IN DELAWARE PARK, AT THE ESTIMATED MAXIMUM COST OF $300,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of three hundred thousand dollars ($300,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the construction of a stage in Delaware Park. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is three hundred thousand dollars ($300,000) as set forth in the duly adopted Capital Improvements Budget, as amended, of said City for fiscal year 1991-92. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "Construction of Stage in Delaware Park 1991-1992," Bond Authorization Account No. 200-717-030, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, which costs are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Bond Resolution, in the amount of $300,000. This resolution is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 35. (a) of the Local Finance Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 5 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. -Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: JUN 23, 1992 LAID ON THE TABLE No. 11 BY: MR. COLLINS BOND RESOLUTION $658,000 SERIAL BONDS RECONSTRUCTION OF KLEINHANS MUSIC HALL ACCOUNT 200-402-098 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $658,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE PARTIAL RECONSTRUCTION OF KLEINHANS MUSIC HALL IN THE CITY, AT THE ESTIMATED MAXIMUM COST OF $658,000. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds-1992 Serial Bonds of said City in the principal amount of Six Hundred Fifty-Eight Thousand Dollars ($658,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of partial reconstruction of Kleinhans Music Hall in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $658,000 as set forth in the duly adopted Capital Improvements Budget, as amended, of said City for fiscal year 1991-92. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction of Kleinhans Music Hall-1991-92," Bond Authorization Account No. 200-402-098, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, which costs are reasonably expected to be incurred by the County, pursuant to this Bond Resolution, in the maximum amount of $658,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) Said building is of at least Class "B" Construction as defined by Subdivision 11 a.11(b) of the Law and the period of probable usefulness applicable to specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a 12. (a) (2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: JUN 23, 1992 LAID ON THE TABLE No. 12 BY: MR. COLLINS BOND RESOLUTION $2,350,000 GENERAL IMPROVEMENT SERIAL BONDS PREPARATION OF PLANS FOR A NEW SPORTS ARENA IN THE CITY ACCOUNT 200-717-018 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $2,350,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF PREPARATION OF SURVEYS, PRELIMINARY PLANS AND DETAILED PLANS, SPECIFICATIONS AND ESTIMATED FOR THE CONSTRUCTION OF A NEW SPORTS ARENA IN THE CITY, AT THE ESTIMATED MAXIMUM COST OF $2,350,000. (Account 200-717-018) THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all -the members of said Common Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of Two Million Three Hundred Fifty Thousand Dollars ($2,350,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of preparation of surveys, preliminary plans and detailed plans, specifications and estimates necessary for the construction of a new sports arena in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,350,000 as set forth in the duly adopted Capital Improvements Budget, as amended, of said City for fiscal year 1991-92. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "Planning New Sports Arena 1991-1992," Bond Authorization Account No. 200-717-018, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, which costs are reasonably expected to be incurred by the City , pursuant to this Bond Resolution, in the maximum amount of $2,350,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through (l). Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.62. (2nd) of the Local Finance Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 5 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: JUN 23, 1992 LAID ON THE TABLE No. 13 Adjournment At P.M. Mr. Fahey moved to adjourn. Seconded by Mr. Charles L. Michaux III City Clerk CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO Tuesday, June 23, 1992 at 2:00 P.M. PRESENT - David A. Franczyk, President Pro Tempore of the Council, and Council Members Amos, Bakos, Bell, Collins, Coppola, Fahey, Higgins, LoTempio, Perla, Pitts, and Zuchlewski - 12. ABSENT - Council President George K. Arthur (Acting Mayor).- 1. On a motion by Mr. Fahey, seconded by Mr. , the minutes of the stated meeting held June 9, 1992, and the Special Session held on June 23, 1992 were approved FROM THE MAYOR No. 1 Veto Message - Ordinance Amendment Chap. 309 Parks and Open Spaces Item No. 191, C.C.P., June 9, 1992 This Ordinance amendment provides that no tents or other structures 'ray be erected in city parks without the permission of the Common Council. It is unclear whether such permission is in addition to or substitutes for permission from the Commissioner of Parks. Article II Section 202 of the Charter puts the care, control, management and maintenance of all public parks under the supervision and management of the Commissioner of Parks. The Commissioner is specifically empowered to "grant permits issued in connection with the use of any of the parks..." under the same section. The authority to permit the erection of tents or other temporary structures is therefore a function of the executive branch, by way of the Parks Commissioner. The effect of the ordinance amendment is to either transfer the power to grant park permits from the executive to the legislative or to limit the power of the executive to grant park permits or both. Even if your Honorable Body overrides this veto, the Corporation Counsel has advised the Parks Department that Council - permission to erect tents would not override a Parks Department - permit for the same event which specifically prohibits tents. Reliance on the Council permission would result in the Parks Department permit being revoked. Council attempts to invade the day-to-day operations would only lead to conflicts and confusion which do not serve the best interests of our residents and their enjoyment of our park system. The Corporation Counsel has already advised you that any transfer or curtailment of executive authority must be done by local law rather than by ordinance and is subject to a mandatory referendum. For the above reasons, I am compelled to veto this ordinance amendment. REPASSED AYES- 12 NOES- 0. FROM THE MAYOR EXECUTIVE DEPARTMENTS FROM THE CITY PLANNING BOARD No. 2 RCR Yachts Inc. - Request to erect a one-story boat storage building at 14 South Michigan Ave. Item No. 81, C.C.P., June 9, 1992 The City Planning Board at its regular meeting held Tuesday, June 16, 1992, considered the above application pursuant to Section 511-67 of the Buffalo Code - the Buffalo Coastal Special Review District. The applicant seeks to erect a one-story metal building for the purpose of winter storage which will be accessory to an existing marina on the western shore of the City Ship Canal. The building will measure 42 feet by 60 feet, or 2520 square feet in area. The site is located in an M2 zone which permits such uses. Moreover, the Waterfront Revitalization Program for the city encourages such water-related uses. The site is not located in a flood hazard area (see FIRM No. 360230-0020 B, Zone C). Since the site is more than 100 feet from the top of the bank of the Buffalo Ship Canal, provision for a 25 foot riverfront "yard" is not applicable. Lastly, under S.E.Q.R., the proposed building is an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed building with the condition that the building site be appropriately landscaped. RECEIVED AND FILED. No. 3 B. Willeern - Request to place an outdoor cafe next to an existing restaurant at 99 Elmwood Ave. Item No. 93, C.C.P., May 26, 1992 The City Planning Board at its regular meeting held Tuesday, June 16, 1992, considered the above application pursuant to Section 511-57 of the Buffalo Code, the Allen Street Special Zoning District. The applicant seeks to expand an existing restaurant by installing an outdoor cafe which will be entirely on private property. The proposed cafe will measure 30 feet by 25 feet, or 750 square feet in gross floor area. The Planning Board voted to receive and file the application since Your Honorable Body has already approved the cafe expansion (see Item No. 122, C.C.P., June 9, 1992). RECEIVED AND FILED. No. 4 J. Shaw - Request to encroach the right-of-way of 201 Elmwood Ave. with a fence. Item No. 43, C.C.P., May 26, 1992 The City Planning Board at its regular meeting held Tuesday, June 16, 1992, considered the above request pursuant to Section 413-67 of the Buffalo Code, Right-of-Way Encroachments. The applicant seeks to place an ornamental wrought iron fence measuring 4 feet in height and 17 feet in length. The major portion of the fence will encroach the right-of-way. The site is located on the northeast corner of Elmwood Avenue and North Street. The fence will be erected in order to prevent pedestrians from crossing over the planted area of which lies between the right-of-way line and the applicant's building. The site is also located in the Allentown Historic Preservation District. The Buffalo Preservation Board has approved the design of the wrought iron fence. The Department of Public Works has recommended that Your Honorable Body grant a "mere license" for the encroachment. Lastly, under S.E.Q.R., the proposed fence may be considered a Type II action which does not require further environmental review. Concerns arose over the question of liability relative to the fence but were mitigated by the applicant who has listed the City of Buffalo as an "additional insured" in their general liability insurance. The insurance certificate is being held by the Division of Engineering of the City of Buffalo. Given this, the Planning Board voted to approve the requested encroachment. RECEIVED AND FILED. No. 5 Curtis Screw Company - Request to encroach right-of-way at 1130 Niagara St. Item No. 39, C.C.P., June 9, 1992 The City Planning Board at its regular meeting held Tuesday, June 16, 1992, considered the above application pursuant to Section 413-67 of the Buffalo Code, Council Review of Right-of-Way Encroachments. The applicant seeks to construct a 30-foot long, 3 1/2-foot deep entryway which will encroach 3 1/2 feet into the right-of-way of Niagara Street. The proposed encroachment will be a new entryway and will therefore be permanent. The new entryway is part of an ongoing renovation project. While the entryway will encroach 3 1/2 feet into the right-of-way, as well as an additional 2 1/2-foot swinging door, no part of the entryway will be on any part of the public sidewalk. The entryway and door will be placed on that portion of the right-of-way which has been used for tree planting. The new entryway will be built between the established trees in the right-of-way. The Department of Public Works has recommended that Your Honorable Body grant a "mere license" for the proposed entryway encroachment. Under S.E.Q.R., the proposed encroachment is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed encroachment. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMPTROLLER No. 6 Certificate of Necessity Transfer of Funds Appropriation Allotments Enterprise Fund - Water Department of 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 $49,000 be transferred and reappropriated from various accounts in Appropriation Allotments Enterprise Fund - 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, June 15,1992 RECEIVED AND FILED. No. 7 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - EXEMPT ITEMS DIVISION OF BUILDINGS 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 $9,000 be transferred and reappropriated from various accounts in Appropriation Allotments - Exempt Items, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, New York, June 15, 1992 RECEIVED AND FILED. No. 8 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - DIVISION OF BUILDINGS 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 - Division of Buildings, 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, JUNE 17, 1992 RECEIVED AND FILED. No. 9 Single Audit of Federal, State and County Grants received by City of Buffalo for Fiscal Year Ended June 30, 1991 I hereby submit the report of single audit by independent public accountants of federal, state and county grants received by the City for the fiscal year ended June 30, 1991. Pursuant to amendments to Section 35 of the General Municipal Law, which took effect January 1, 1989, Your Honorable Body may, in its discretion, provide to the State Comptroller and file with the City Clerk a written response to the findings and recommendations in this report no later than ninety days after its receipt, or October 23, 1992. REFERRED TO THE COMMITTEE ON FINANCE. No. 10 Report of Audit Division of Housing and Property Inspection In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Division of Housing and Property Inspection performance audit report for the period July 1, 1990 to January 31, 1992. The Division repeatedly failed to adhere to the City Code provisions governing demolitions. Additionally, they were negligent in their collection efforts for billed demolition costs which resulted in substantial revenue shortfalls to the City. Furthermore, contractors were consistently allowed to remit payment of their demolition permit fee late. REFERRED TO THE COMMITTEE ON FINANCE. No. 11 Permission to Negotiate 21 Barthel, E 210' N Walden Vacant Land: 30' x 109' Assessed Valuation: $900 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Jerome Barber of 15 Barthel, Buffalo, New York to purchase the above captioned property. Mr. Barber would like to purchase this property, which is next to his home, in order to keep the lot maintained, fence it in and use for extra yard space. 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 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 June 11, 1992, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. Jerome Barber residing at 15 Barthel, Buffalo, New York for the private sale of 21 Barthel and report to this Honorable Body the results of such negotiations. ADOPTED. No. 12 Results of Negotiations 338 French, N 517.93' W Moselle Vacant Lot: 30' x 139' Assessed Valuation: $500 Item # 10, C.C.P. 3/3/92 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Ms. Emma Bennett of 334 French Street, Buffalo, New York. Ms. Bennett intends to purchase and use this lot for additional yard space. An independent appraisal of the property was conducted by Able Realty Appraisals, Inc., Michael W. Heigel, Appraiser, 148 South Marlin Road, Grand Island, New York 14072. He has estimated the fair market value of the property to be Nine Hundred Dollars ($900). This represents approximately .22 a square foot. The Division of Real Estate has investigated the sale of similar properties in the area and concurs with the appraisers estimate of value. The results of our negotiations are that Ms. Bennett has offered and is prepared to pay Five Hundred ($500) for the subject property. She has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and copy of the legal description. Ms. Bennett's offer is based on the fact that she has maintained the property since 1988 and has spent several hundred dollars in having furniture, garbage and other debris removed from the property. There have been no serious offers or inquiries from other adjoining property owners since the property was acquired by the City in 1988. Therefore, I am recommending that Your Honorable Body authorize the sale of 338 French Street to Ms. Emma Bennett, 334 French Street, Buffalo, New York in the amount of Five Hundred Dollars ($500). I am further recommending that Your Honorable Body authorize the Mayor to execute the necessary documents for the transfer of this property. Mr. Fahey moved: That the communication from the Comptroller, dated June 16, 1992, be received and filed; and That the offer of Ms. Emma Bennett, residing at 334 French Street, Buffalo, New York in the sum of $500.00 (Five Hundred Dollars) to purchase the property described as 338 French, be and hereby is accepted; and The appraisal report requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser; and That the Mayor be 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- 12 NOES- 0. No. 13 Results of Negotiations 37 Marvin, E N Corner Fulton Vacant Lot: 30' x 50' Assessed Valuation: $1,500 Item # 31, C.C.P. 4/14/92 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. John A. Loughran of 69 Fulton Street, Buffalo, New York. He intends to purchase this property for off-street parking for his business, which is across the street from the property in question. An independent appraisal of the property was conducted by Mr. Brian A. Sullivan of Sullivan Valuation and Research, 591 Delaware Avenue, Buffalo, New York 14202. He has estimated the fair market value of the subject property to be Nineteen Hundred Dollars ($1,900). This represents about .85 per square foot. The Division of Real Estate has investigated the sale of similar properties in the area and has found sale prices ranging from .43 a square foot to $1.08 per square foot. The results of our negotiations are that Mr. Loughran has agreed and is prepared to pay Twelve Hundred ($1,200) for the subject property. He has also agreed to pay for the cost of appraisal, transfer tax, recording fees and cost of the legal description. Although the offer is somewhat lower than the appraised value, the subject property has a depth of only 50' and lacks sufficient depth for any type of improvement other than those planned by Mr. Loughran. Therefore, I am recommending that Your Honorable Body approve the offer of Mr. John Loughran, 69 Fulton Street, Buffalo, New York in the amount of Twelve Hundred Dollars ($1,200). I am also recommending that Your Honorable Body authorize the Mayor to execute the necessary documents for the transfer of title. Mr. Fahey moved: That the communication from the Comptroller, dated June 15, 1992, be received and filed; and That the offer of Mr. John A. Loughran, residing at 69 Fulton Street, Buffalo, New York in the sum of $1,200.00 (One Thousand and Two Hundred Dollars) to purchase the property described as 37 Marvin, be and hereby is accepted; and The appraisal report requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser; and That the Mayor be 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. 14 Response-Sale of 1040 Ellicott Street to Homespace, Inc. Item # 99, C.C.P. 6/9/92 The above mentioned item was sent to this office for a response. The item is a resolution that would authorize the Common Council to transfer 1040 Ellicott Street to Homespace, Inc. for One Dollar. The subject property, 1040 Ellicott Street, is a vacant lot, 25' x 100', and was obtained by the City of Buffalo through an In-Rem Action in 1982. The assessed evaluation of the property is $900. It should be noted that any parcel wish a 25' frontage is not suitable for new home construction unless combined with adjacent vacant lots. In that Homespace controls the options to purchase the property on both sides of 1040 Ellicott, this constitutes a unique situation that calls for different handling. The Director of Real Estate has spoken with Mr. Alan Dewart, representative of Homespace. The parcel will be used in conjunction with other properties that they have under option to purchase and eventually will construct a 12 unit home for single parents. They have received a grant from New York State Department of Social Services for this project. Said grant allows for the purchase of land. Mr. Dewart explained that at the time the application was prepared 1040 Ellicott Street was not included. Mr. Dewart has further advised that if the property cannot be obtained for One Dollar, Homespace Inc. would consider paying a minimal amount for the property. As Your Honorable Body knows the transfer of property for less than fair and adequate consideration is a topic which draws considerable debate both pro and con. It is the policy of this office not to recommend the transfer of property for One Dollar. It is the policy and goal of this office to try and obtain the fair market value, which I believe is in the best interest of the City of Buffalo. However, in instances where a public benefit can be derived, this office would recommend the transfer of property for a minimal fair value. Therefore, since Homespace's planned project will be providing a public benefit by assisting needy single parents, I am recommending that Your Honorable Body authorize the Office of the Comptroller to negotiate a private sale with Homespace, Inc. for a minimal sale price of Nine Hundred Dollars ($900), which represents the assessed evaluation of the property. REFERRED TO THE COMMITTEE ON FINANCE. No. 15 Certificate of Appointment Appointment to become effective June 17, 1992 in the Department of Audit & Control, Division of Accounting, Louis M. Biondi, 279 Summit Ave., Buffalo, NY 14214 to the position of Associate Accountant, Permanent at the starting salary of $31,678. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 16 Certificate Of Appointment Appointment to become effective June 17, 1992 in the Department of Audit & Control, Division of Accounting, Albert J. Renzoni 20 Brost St., Buffalo, NY 14220 to the position of Supervising Accountant, Permanent at the starting salary of $38,089. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE PRESIDENT OF THE COUNCIL No. 17 Appointment to Convention Center Board of Directors I am hereby appointing Mr. Ralph Davis, Sr. to the Convention Center Board of Directors to serve out the unexpired term of Mr. Archie Hunter. I have attached Mr. Davis' resume for your review. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ASSESSMENT No. 18 Eliminate Some Cars Assigned 24 Hour Basis Item No. 154, C.C.P. 05-26-92 Neither I, nor any departmental employees, are assigned city-owned vehicles. Therefore, there is no round-the-clock use of City vehicles by anyone in the Department of Assessment. Assessment field work is performed by using our personal vehicles, and we are compensated by the City according to union contract. RECEIVED AND FILED. No. 19 Certiorari Proceedings Fiscal Years 1988-89 through 1990-91 107 Delaware Ave. ("Statler Towers") and 85 West Mohawk Street, Manufacturers & Traders Trust Co., Intervenor Petitioner This is to advise that Manufacturers and Traders Trust Company, the holder of mortgage liens against 107 Delaware Avenue ("Statler Towers"), is Intervenor Petitioner in certiorari proceedings brought by the owner, Niagara Square Associates, on this property regarding the assessment for the fiscal years 1988-89, 1989-90 and 1990-91. Moreover, Manufacturers and Traders Trust Company is the payor of the property taxes for those years. Manufacturers & Traders Trust Company has expressed a willingness to settle its claim against the City in this matter. Under the terms of the proposed settlement, M & T will withdraw its intervenor petitions for the tax years 1988-89, 1989-90, and 1990-91 for the property at 107 Delaware Ave. and 85 West Mohawk Street. The assessment on 107 Delaware Avenue will be reduced from $11,996,900 to $3,000,000 for fiscal year 1991-92, a reduction of $8,996,900. This will result in a reduction of real property taxes (as yet unpaid) for 1991-92 from $404,244.18 to $101,087.02. M & T will pay the reduced amount, plus accrued interest. No change will be made in the assessment for 85 West Mohawk. Based upon a review of the current market value of the property, I believe this settlement would be in the best interest of the City. I recommend, therefore, this settlement in which the Law Department concurs. The proposed settlement is subject to the approval of Your Honorable Body. If the members of the Common Council approve, an appropriate resolution, prepared by the Law Department, is attached hereto. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 20 Bond Cancellation 470 Elmwood Avenue It is hereby certified that the bond described below be cancelled: Principal: Elmwood Taco and Subs Surety: Western Surety Company Amount: $5,000.00 Dated: July 5: 1989 Structure: Sidewalk Cafe Location: 470 Elmwood Avenue This bond Is no later required due to the fact the encroachment has been removed from city right of way. The above captioned bond should be deemed released and cancelled as to future liability in accordance With the provisions of the City Ordinances. RECIVED AND FILED. No. 21 Bond Cancellation South Park Avenue at Lift Bridge It is hereby certified that the bond described below be cancelled: Principal: LTV Steel Company, Inc. Surety: The Aetna Casualty and Surety Company Amount: $5,000.00 Dated: February 20, 1985 Structure: Fence attachment to retaining wall on the North Side of South Park Avenue in the East approach to the lift bridge over the Buffalo River. Location: South Park Avenue North East Side of Buffalo River to 192 feet easterly. This bond is no longer required due to the fact the City of Buffalo has purchased the property. The above captioned bond should be deemed released and cancelled as to future liability effective April 15,1992, In accordance with the provisions of the City Ordinances. RECEIVED AND FILED. No. 22 MONTHLY REPORT OF LICENSES ISSUED MAY 1992 I am respectfully submitting the enclosed report of Licenses issued in the month of May 1992 by the Division of License. RECEIVED AND FILED. No. 23 Extension of Time on Contract New Concession & Public Facilities Bldg. Ontario Street Boat Launch 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 May 15, 1992. Due to poor spring weather conditions this contractor could not complete the work of this project on time. This is the second extension of time on this project. I have granted an extension of time to July 28, 1992 to LCP Construction Corp. to complete the work of their contract. RECEIVED AND FILED. No. 24 Solicitation of Funds Application Greenpeace Attached is an application for Solicitation of Funds for Greenpeace to solicit funds in the Buffalo area from July 16, 1992 to August 16, 1992. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. Mr. Fahey moved: That the communication from the Commissioner of Public Works, dated June 1, 1992, be received and filed; and That the Commissioner of Public Works be and hereby is authorized to issue an exemption from the licensing requirement of Chapter 316, Article VI of the Buffalo Code for the solicitation of funds for Greenpeace in the Buffalo area from July 16, 1992 to August 16, 1992. PASSED. AYES- 12 NOES- 0. No. 25 Emergency Repair Emergency Power Generator Police Headquarters Please be advised that on April 15, 1992 emergency service was required to repair the emergency power generator at Police Headquarters, 74 Franklin Street. This generator is the back-up power for the 911 system, therefore it was declared an emergency to repair expeditiously. The repair work was done by G.E.S. Inc., P. O. Box 467, Hamburg, New York 14075 and the total parts and labor was $366.00. Funds for this emergency are available in the Division of Buildings. RECEIVED AND FILED. No. 26 Emergency Repair Water Service Buffalo City Court Please be advised that pump and sequencer problems at Buffalo City Court on April 15 and 16, 1992 caused interruption in water services to the building. An emergency was declared and M. J. Mechanical Services, 2040 Military Road, Tonawanda, New York 14150 was called in to repair sequencer and restore water pressure throughout the facility. Total cost of labor, mileage and parts was $898.00. Funds for this emergency are available in the Division of Buildings. RECEIVED AND FILED. No. 27 Emergency Repair Central Air Conditioning Buffalo City Court Please be advised that on April 30, 1992, upon initial start-up, the large chiller which provides central air conditioning for Buffalo City Court was found to have numerous refrigeration leaks. New federal regulations impose harsh penalties for discharge of chlorofluorocarbons, therefore an emergency was declared and York International Corp. of 6789 Main Street, Williamsville, New York 14221-5994 was called to repair this vital unit. Repairs (including rental of refrigerant, recovery and storage equipment) totaled $2,453.00. Funds for this emergency are available in the Division of Buildings. RECEIVED AND FILED. No. 28 Emergency Repair Air Conditioning Unit Buffalo City Court Please be advised that on April 23, 1992, upon start-up, numerous leaks were noticed in the small chiller at Buffalo City Court. New federal regulations prohibit venting of chlorofluorocarbons into the atmosphere, therefore an emergency was declared and York International of 6789 Main Street, Williamsville, New York 14221-5994 was called in to repair this air conditioning unit. The cost of recovering and storing the refrigerant, and parts and labor for repairs totaled $3,740.00. Funds are available for this emergency in the Division of Buildings. RECEIVED AND FILED. No. 29 Emergency Repair Air Conditioning Buffalo City Court Please be advised that on March 30, 1992 the Division of Buildings was notified that the large chiller which supplies air conditioning for Buffalo City Court could not be operated without a federally mandated purge unit. This unit is essential to the operation of the building, therefore an emergency was declared and York International of 6789 Main Street, Williamsville, New York 14221-5994 was called in to install a purge unit. The total labor and materials for this unit was $6,150.00. Funds for this emergency are available in the Division of Buildings. RECEIVED AND FILED. No. 30 Report of Bids Restoration & Reconstruction Kleinhans Music Hall Symphony Circle I advertised for on May 28, 1992 and received the following sealed proposal which was publicly opened and read on June 17, 1992. General Construction Work - BASE BID ALT #1 BRD, Inc. 849,000 46,000 Falgiano Construction 849,000 47,300 Higgins-Kieffer 859,269 49,300 Gerald T. Stay Co. 869,000 38,000 Resetaritz Construction 909,000 37,730 Concept Construction 926,700 47,000 Allstate Maintenance Co. 949,000 44,125 Clarence Associates 960,000 38,000 Hadala Corp 962,000 50,000 Landmark Construction 963,000 36,000 Nichter Associates 977,000 49,000 Alternate #1 was for the replacement and restoration of exterior stone around the Pennsylvania and Porter Avenue entries. I hereby certify that the foregoing is a true and correct statement of all bids received and that BRD, Inc. in the amount of $849,000 plus Alternate #1 $46,000 for a total of $895,000 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-068 - Division of Buildings. Estimate for this work was $1,061,000. Mr. Fahey moved: That the communication from the Department of Public Works, dated, June 18, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award contract for Restoration and Reconstruction of Kleinhans Music Hall, Symphony Circle, in the amount of $849,000 plus Alternate #1 $46,000 for a total of $895,000 to BRD, Inc., the lowest responsible bidder. Funds for this work are in B/F 200-402-068 - Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 31 Report of Bids Restoration & Reconstruction Kleinhans Music Hall Symphony Circle. I advertised for on May 28, 1992 and received the following sealed proposals which were publicly opened and read on June 17, 1992. Electrical Work Cannon Electric 49,700.00 Industrial Power & Ltg 57,485.00 Goodwin Electric 65,350.00 Gordon & Zoerb Inc. 66,660.00 Plumbing Work A. Gareleck 53,883.00 Joe Carino Plmbg & Htg 61,579.00 J.D. Plumbing Co. 65,600.00 M. Kandefer 77,850.00 NuMarco Plmb & Htg 83,198.00 Roy's Plumbing 84,150.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications. Electrical Work - Cannon Electric in the amount of $49,700.00 Plumbing Work - A. Gareleck Plmbg in the amount of $53,883.00 are the lowest responsible bidders in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work are in B/F 200-402-068 - Division of Buildings. Total estimate for this work was $230,120.00. Mr. Fahey moved: That the communication from the Department of Public Works, dated, June 18, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award contract for Restoration and Reconstruction of Kleinhans Music Hall, Symphony Circle, in the amount of $49,700.00 for Electrical Work to Cannon Electric and Plumbing Work to A. Gareleck Plumbing in the amount of $53,883.00, the lowest responsible bidders. Funds for this work are in B/F 200-402-068 - Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 32 Christopher Const. Co. Contract No. 91571000 1990-1991 Sidewalks A letter was received in this department on June 3, 1992 from the council staff dated May 13, 1992 in which details on the termination of the above mentioned contract are requested. The original contract with Christopher was in the amount of $260,675.00. Of this amount, a total of $107,872.98 was used to install sidewalks leaving an unused total of $152,802.02. Due to the large reduction in state funding that created a city budget deficit, it was necessary to cancel this and other departmental maintenance contracts in February 1991 in order to help close the budget gap. If you require additional information in this regard, contact Walter Flynn of my staff at 851-5876. RECEIVED AND FILED. No. 33 Change in Contract New Park side Entrance Buffalo Zoo I herewith submit to Your Honorable Body the following change in contract for the New Parkside Entrance, Buffalo Zoological Gardens, C&C Plumbing & Htg Corp. C-91634000: 1. Furnish and install gas lines to external meters at Gift Shop and Interpretive Center. ADD $533.85 2. Provide and install 6" house trap in sewer line between existing shelter and existing manhole. ADD $641.35 The foregoing change results in a net increase in the contract of One Thousand One Hundred Seventy-five and 00/100 Dollars ($1175.00). Summary Original Amount of Contract $24,500.00 Amount of this change (No. 1) ADD 1,175.00 Revised Amount of Contract $25,675.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-070 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. REFERRED TO THE COMMITTEE ON FINANCE. No. 34 CHANGE IN CONTRACT PAINTING THE ROOF AT THE BOILER HOUSE BUILDING - COL. WARD PUMPING STATION CONTRACT NO. 91651900 I hereby submit to your Honorable Body a change in Contract No. 91651900 with Erie Interstate Contractors, Inc. for work relating to the Painting of the Roof at the Boiler House Building, Col. Ward Pumping Station. 1. Caulking skylights, vents, soffits and louvers with Sikaflex-la. Nine hundred seventy-eight (978) linear feet. The foregoing change results in a net increase of $2,445.00. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. SUMMARY: Original Amount of Contract $ 45,400.00 Amount of Change Order No. 1- Increase $ 2,445.00 REVISED AMOUNT OF CONTRACT $ 47,845.00 This additional work was not foreseen in the original proposals. The total cost of this work is lower than the next bidder, K.A.M. Painting, Inc. in the amount of $49,200.00. Funds in the amount of $2,445.00 are available in the Division of Water's Operating and Maintenance Budget, 014-00-560 account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works, dated June 15, 1992, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order to Erie Interstate Contractors, Inc., changes resulting in a net increase in the amount of $2,445.00, as more fully described in the above communication, for additional work relating to Painting the roof at the Boiler House Building, Col. Ward Pumping Station, Contract No. 91651900. Funds for this work are in the Division of Water's Operating and Maintenance Budget 014-00-560 account. PASSED. AYES- 12 NOES- 0. No. 35 904 Elmwood Avenue requests permission to install awning within city right of way Mrs. Marilyn Thomasula, owner of Marilyn's Deli, located at 904 Elmwood Avenue, has requested permission to install an awning which would encroach city right of way at said location The proposed awning would measure 14 feet in length, 4 feet In height and project 2 feet 6 inches from the building face into city right of way. The Department of Public Works has reviewed Mrs. Thomasula's application pursuant to Chapter 413-56 (awnings, canopies and marquees) of the City Ordinances and bias 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 our of the construction, maintenance, use and removal of said awning. Mr. Fahey moved: That the communication from the Department of Public Works, dated June- 17, 1992, be received and filed; and That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mrs. Marilyn Thomasula, owner of Marilyn's Deli, 904 Elmwood Avenue, to install an awning which would encroach city right-of-way at said address, subject to the conditions as stated in the above communication from Public Works. PASSED. AYES- 12 NOES- 0. No. 36 223 Genesee, 1989 South Park, 637 Walden request permission to install sign within city right of way Mr. James H. Waters, of Outdoor Advertising Services acting as agent for Fleetbank, has requested permission to install signs at 223 Genesee, 1989 South Park, and 637 Walden, all of which would encroach city right of way. The proposed signs would all be attached perpendicular to the building face and range in size from 3'X 6' to 4'X 8' The Department of Public Works has reviewed Mr. Waters application pursuant to Chapter 413-67 (encroachment regulations) of the City Ordinances and ha no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for each installation. 2. That the signs be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond, for each sign, 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 sign. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 37 518-524 Niagara St. Requests Permission to Encroach City Right of Way Res. 4 CCP, 4/14/92 Res. 74 CCP, 4/14/92 Mr. John P. Gimbrone, owner of the properties located at 518 - 524 Niagara Street has requested permission to construct an entranceway which would encroach city right of way at said location. The proposed entranceway would include two handicap access ramps to the existing buildings and be constructed of metal panels and glass. The entranceway would measure 23 feet in length, ten feet in height and project 8 feet from the building face into city right of way. Thee Department of Public works has reviewed Mr. Gimbrone's application pursuant to chapter 413-67 (encroachment regulations) 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 encroachment provided the following conditions are met: 1. That the applicant obtain any and all other city of Buffalo permits necessary before construction begins. 2 That the entranceway is installed exactly as shown on plans submitted to and approved by the Department of Public works, Division of Building 3. That the entranceway does not exceed 23 feet in length or project more than 8 feet into city right of way. 4. In the event that the commissioner of public works determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the city, the commissioner of Public works may order the immediate removal of said encroachment as described in chapter 413-67 (E.) of the city ordinances. 5. That the applicant supply the city of Buffalo with a Ten Thousand Dollar ($10,000) 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 entranceway REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. FROM THE COMMISSIONER OF PARKS No. 38 Eliminate Some Cars Assigned 24 Hour Basis Item # 154 C.C.P. May 26, 1992 The only car assigned to an individual is the one assigned to the Acting Parks Commissioner. RECEIVED AND FILED. No. 39 Find Solution to Reopen Bennett Beach Item # 159 C.C.P. May 26, 1992 The Resolution requests that 1 formulate a new fee structure to defray the expenses that the Parks Department incurs while operating Bennett Beach. Last year's operation netted approximately twenty-thousand five hundred dollars ($20,500.00). Approximately thirteen thousand five hundred dollars ($13,500.00) came from parking fees and approximately seven thousand dollars ($7,000.00) from the concessionaire who operates the 4C's Sailing Center operation. This year's bid for the 4C's Sailing Center operation will net the City of Buffalo seven thousand four hundred dollars ($7,400.00). The balance would have to be made up by more than doubling the present parking rates. At present, after the Common Council reduced my Recreation Division's seasonal account by the two hundred thirteen thousand dollars ($213,000.00) to a figure of three hundred thousand seven dollars, ($307,000.00). We will be hard pressed to find sufficient funds to operate the indoor ice rinks full time once we see what our outdoors pools expenses are. We certainly are working on that aspect to cut corners to try to perform these two services. We are also presently meeting with Councilpersons Bakos and Higgins to see how we can come up with sufficient funds and personnel to keep the operation of the two indoor pools open year round. In light of these two basic facts, which I have presented, I can see no way that we can open Bennett Beach this year. When it comes to priorities in the Parks Department, the operation of the City of Buffalo swimming pools and the City's indoor ice rinks, in my justification, are more of a priority than the operation of Bennett Beach. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 40 B. Easley- Complaints Conditions LaSalle Park Item # 77 C.C.P. June 9, 1992 In answer to this Resolution let me state to you that the whole of LaSalle Park's roadway is now open to traffic. The deteriorating and unsafe conditions of the Sea Plane ramp in the park forced the Public Works Department to construct a preventative barrier so that the ramp cannot be used. For those interested in launching their boats we now have a new and improved beat ramp located at the foot of Ontario Street. A new concession agreement was reached this year with a new proprietor and the business should be in operation. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF POLICE No. 41 Disposal of Various Items Attached please find a listing of various typewriters, adding machine, answering machine, and receipt writers. They are old, unrepairable, and have been cannibalized over the years for spare parts, otherwise, completely useless. We have checked with a number of repair services and they have no use for same. This Department is requesting permission to dispose of 41 typewriters, 1 adding machine, 1 answering machine, and 12 receipt writers, by scrapping same. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CORPORATION COUNSEL No. 42 BRACO I - Refund of Excess Real Property Tax Payments, 1991-92 On November 30, 1977, a contract was executed by the City of Buffalo and BRACO-I, limiting BRACO-I's real property tax liability as to certain properties, pursuant to and in accordance with Section 236 of the National Housing Act of 1968 and Article V of the Private Finance Housing Law. This contract places a real property tax ceiling of $45,599 as to both City and County taxes, and exempts the real property from any further similar tax for a period of forty (40) years, beginning 12/30/76. Consequently, if in any one fiscal year the combined City and County real property tax exceeds $45,599, the taxpayer is entitled to a refund of the excess. This refund is apportioned between the City and County, according to the tax rates prevailing at the time. The parcels subject to the contract are: 210 Allen 359-375 Busti 279 Niagara 231 West 87 Whitney 346-348 Franklin 350 Franklin 352-354 Franklin 356 Franklin 922-928 Main 74-78 Grant The present application covers the 1991-92 tax year and is as follows: 1991-92 City Tax $ 66,622.14 1992 County Tax 20,910.12 Total Tax Paid 87,532.26 Less combined ceiling $ 45,599.00 Overpayment $ 41,933.26 City's share .76 x $41,933.26 $ 31,839.28 Your authorization is needed for a refund of $31,839.28 from the City of Buffalo to BRACO-I. REFERRED TO THE COMMITTEE ON FINANCE. No. 43 Removal of Additional Asbestos 124 Edna Place a/k/a School 48 Item No. 131, C.C.P. May 12, 1992 Item No. 84, C.C.P., April 14, 1992 Due to a typographical error as stated in item No. 131, C.C.P., May 12, 1992 the correct amount should read $38,425.00 instead of $8,425.00. This amount should be paid to Peerless Environmental Controls, Inc., the lowest responsible bidder for the removal of additional asbestos at 124 Edna Place a/k/a School No. 48. Mr. Fahey moved: That the communication from the Department of Law, dated June 18, 1992, be received and filed; and That the amount stated in Item No. 131, C.C.P., May 12, 1992 be and hereby is corrected to read $38,425.00 instead of $8,425.00. PASSED. AYES- 12 NOES- 0. No. 44 Gethsemane Baptist Church 42 Grape Street, 46 Grape Street Grass Cutting Charges Item No. 79, C.C.P., June 9, 1992 Regarding the referenced claim against the City for grass cutting costs at 42 and 46 Grape Street, I am aware of no legal basis upon which the City could be obligated to pay such a claim. REFERRED TO THE COMMITTEE ON FINANCE. No. 45 Law and "Order" Item No. 165, C.C.P., 6/9/92 The resolution sponsored by Councilmember Amos evidences a misunderstanding of the factual and legal issues of this matter. As to the facts, there was clear evidence introduced at a hearing before Justice Glownia that supported the Commissioner's conclusion that the Department's ability to respond to fires would not be impacted by temporarily taking companies out of service in response to unanticipated manpower shortages. As to the law, it was my opinion that the Civil Practice Laws and Rules clearly provide that the City of Buffalo was entitled to an automatic stay of Justice Glownia's May 22, 1992 ruling by reason of our service of a notice of intention to seek permission to appeal Justice Glownia's ruling. My office did in fact serve the plaintiffs with such a notice on Friday, May 22 and, accordingly, advised the Commissioner's office that a stay was in effect, leaving them free to continue to implement the Commissioner's directive as they saw fit. It has been my opinion that the Commissioner's directive was well within his authority under the Charter and I believe that a favorable appellate ruling will support that opinion. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 46 RCR Yachts Inc. - Request to Erect a One-Story Boat Storage Building at 14 South Michigan Ave. Item No. 81, C.C.P., June 9, 1992 Attached for your information is the Short Environmental Assessment Form for the matter captioned above. Mr. Fahey moved: That the communication from the Commissioner of Community Development, dated June 16, 1992, be received and filed; and That "RCR Yachts, Inc. - Request to erect a one story boat storage building at 14 South Michigan 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. 47 RCR Yachts, Inc. - Application to Erect a One-story Boat Storage Building at 14 South Michigan Ave. Item No. 81, C.C.P., 6/9/92 The above-cited application is subject to review due to Section 511-67, zoning regulations, Code of the City of Buffalo. This section establishes the Buffalo Coastal Special Review District. The applicant seeks to erect a one-story metal building for the winter storage of approximately 22 boats. This will be an accessory use for the existing marina on the westerly shore of the City Ship Canal. The building would be 42 feet by 60 feet or 2,520 square feet in area. The site is located in an M2 zone which permits the use. The Waterfront Revitalization Program of the city encourages water dependent uses. The site is not located in a flood hazard area and is located more than 100 feet from the top of the bank of the City Ship Canal. I recommend approval of this application and concur with the recommendation of the City Planning Board that a condition be added, requiring the building site to be appropriately landscaped RECEIVED AND FILED. No. 48 Oak Street Redevelopment Project NYR-197 - 25 High Street, 963 & 969 Washington - Approval of LDA Langston Hughes Institute The City of Buffalo Urban Renewal Agency duly designated Langston Hughes Institute 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 provision of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 49 Authorize Acceptance of Grants for Allendale Theatre Renovation The New York State Office of Parks, Recreation and Historic Preservation (PARKS) has awarded the City of Buffalo two Environmental Quality Bond Act (EQBA) Historic Preservation grants totalling $570,000 for the purpose of renovating the historic Allendale Theatre. The EQBA grants will be matched with $500,000 provided in City Capital Budget Account No. 200-717-041 and a $100,000 Margaret L. Wendt Foundation grant to be assigned to the City by the Theatre of Youth (TOY). In order to proceed with the renovation of the Allendale Theatre, we request your Honorable Body approve an appropriate resolution authorizing acceptance of the EQBA and Margaret L. Wendt Foundation grants by the City of Buffalo, authorizing the Mayor of the City of Buffalo to execute project agreements with PARKS, authorizing the Mayor of the City of Buffalo to execute an assignment agreement with TOY, authorizing the Mayor to execute whatever documents may be necessary for receipt of said grants, and directing the City Comptroller to establish a Trust and Agency Account to account for the grant funds. Since the EQBA grant funds will come to the City on a reimbursement basis after work is completed, it is necessary that an interfund cash loan be set up for the purpose of administering the grant. We request your Honorable Body instruct the City Comptroller to arrange the appropriate loan. RECEIVED AND FILED. No. 50 Authorize Acceptance of NYS EQBA Grant, Buffalo and Erie County Historical Society Building On May 14, 1991, the New York State Office of Parks, Recreation and Historic Preservation (PARKS) awarded the City of Buffalo a $250,000 Environmental Quality Bond Act (EQBA) Historic Preservation grant. The purpose of the grant is to undertake exterior and interior restoration of the Buffalo and Erie County Historical Society Building: a building identified as a "threatened National Historic Landmark" by National Park Service. Matching funds will be provided through the 1992-1993 City of Buffalo Capital Budget. We request your Honorable Body approve an appropriate resolution authorizing acceptance of this grant by the City, authorizing the Mayor to execute a project agreement and preservation covenant with PARKS, authorizing the Mayor to execute whatever documents may be necessary for receipt of said grant, and instructing the City Comptroller to establish a Trust and Agency Account to account for the EQBA grant. Since the EQBA grant funds will come to the City on a reimbursement basis after work is completed, it is necessary that an interfund cash loan be set up for the purpose of administering the grant. We, therefore, also request that your Honorable Body instruct the City Comptroller to arrange the appropriate loan. RECEIVED AND FILED. No. 51 Repairs, Broadway Market Parking Ramp-Phase II Item No. 76, C.C.P. 11/1/88 Reference C.C.P. # 76 of November 1, 1988, whereas Your Honorable Body authorized repairs to the Broadway Market Parking Ramp. Due to funding limitations, the project was divided into two phases. Phase I, which has been completed included extensive repairs to the first and second parking levels, including replacement of expansion joints and modernization of the entire lighting system. We are now ready to proceed with Phase II, which will include concrete repairs and sealing of the third parking level. Accordingly, we request permission to enter into contract in the amount of $15,000 with Calocerinos & Spina, P.C. of 77 Broadway, Buffalo, New York, for Engineering and Design services. Funds are available in our Capital Improvements Account #200-717-015. Mr. Fahey moved: That the communication dated June 10, 1992 from the Commissioner of Community Development be received and filed, and That the Commissioner of Community Development be, and he hereby is, authorized to enter into a contract in the amount of $15,000.00 with Calocerinos & Spina, P.C. of 77 Broadway, Buffalo, New York for Engineering and Design services relating to Repairs, Broadway Market Parking Ramp Phase Il. Funds are available in Capital Improvements Account #200-717-015. PASSED. AYES- 12 NOES- 0. No. 52 Change Order # 1 - Heating Construction War Memorial Stadium Site Redevelopment I herewith submit to Your Honorable Body the following change in contract for heating construction associated with the site redevelopment of War Memorial Stadium, Contract # 91633300 with Vastola Heating and Air Conditioning Corporation. 1) Supply and install (4), 12"x 12" and (2), 24"x 30" louvers with motorized dampers to provide proper make-up and combustion air in mechanical room of service building. ADD $ 2,881.00 Due to restricted interior space, modifications were necessary to the heating system in the service building which required installation of the louvers with motorized dampers to provide proper air flow to the system. Costs associated with the revisions were reviewed by the project architect, Robert Traynham Coles, and our department and were deemed to be fair and equitable. Funds for this work are available in Bond Fund # 200-717-094. A contract summary is as follows: Original Contract Sum $ 33,640.00 Amount This Change - # 1 2,881.00 Revised Contract Amount $ 36,521.00 I therefore recommend that your Honorable Body authorize the Commissioner of Community Development to issue a change order to Vastola Heating and Air Conditioning Corporation as described above. Mr. Fahey moved: That the communication dated June 15, 1992 from the Commissioner of Community Development be received and filed; and That the Commissioner of Community Development be, and hereby is, authorized to issue a Change Order # 1 to Vastola Heating and Air Conditioning Corporation for changes resulting in a net increase of $2,881.00 relating to Heating Construction-War Memorial Stadium Site Redevelopment, Contract # 91633300, funds being available in Bond Fund #200-717-094. PASSED. AYES- 12 NOES- 0. No. 53 Martin Luther King Jr. Park Wading Pool General - Change Order I I am requesting that Your Honorable Body approve the following changes and additions to the above contract for field changes that occurred during construction; 1. Break out and removal of subterranean foundation walls, new supports for existing wing walls on building, additional trenching and drain lines, and removal and disposal of debris $18,506.76 2. Rebuilding catch Basin $649.61 3. Remove and replace concrete floor of casino $11,132.24 TOTAL $30,288.61 This addition of $30,288.61 to the original contract amount of $525,000 will bring the total contract amount to $555,288.61. The contractor is Seneca Hawk, Inc., 229 Lake Street, Hamburg, New York 14075. All items above were necessitated by adverse field conditions unanticipated prior to construction. The prices have been reviewed by our consultants and professional staff and found to be fair and reasonable. Due to construction delays encountered because of the extra work above, I am requesting an extension of the completion date for all trades to August 15, 1992. Funds for this work are available in Account 200-717-520. Mr. Fahey moved: That the communication dated June 17, 1992 from the Commissioner of Community Development re received and filed, and; That the Commissioner of Community Development be, and he hereby is authorized to issue change order #1 to Seneca Hawk Inc., for changes resulting in a net increase of $30,288.61 relating to Martin Luther King, Jr. Park Wading Pool. General funds available in account 200-717-520, and completion dates for all trades are hereby extended to August 15, 1992. PASSED. AYES- 12 NOES- 0. No. 54 Martin Luther King Jr. Park Wading Pool - Plumbing Contract - Change Order No. 1 I am requesting that Your Honorable Body approve the following changes and additions to the above contract. Replacement of the entire under ground sewer system in the casino, after construction commenced on the new lines for the new bathroom and shower rooms in the casino. The existing sewer system was found to be deteriorated beyond repair necessitating its replacement. $45,598.91 This addition will raise the total amount of the contract to $104,998.91. The contractor is J. T. Monaco Corporation, 70 Earhart, Williamsville, New York, 14221. All work was done on a time and materials basis supervised by our inspector and the consultant who have verified the quantities and prices. Funds for this work are available in Account 200-717-520. Mr. Fahey moved: That the Communication dated June 18, 1992 from the Commissioner of Community Development be received and filed, and; That the Commissioner of Community Development be and he hereby is authorized to issue Change Order 1 to J. T. Monaco Corp. for changes resulting in a net increase of $45,598.91 relating to Martin Luther King Jr., Park Wading Pool-Plumbing Contract. Funds are available in Account 200-717-520. PASSED. AYES- 12 NOES- 0. No. 55 Martin Luther King Jr. Park Wading Pool Consultant Contract Reimann-Buechner Partnership Change Order No. 2 I am requesting that Your Honorable Body approve the following changes and additions to the above contract for design and inspection of the Martin Luther King. Jr., Park Wading Pool. 1. Preliminary Design -Additional Work and Design schematics, cost estimates and meetings necessitated by SHIPO Review and the shift of the scope to a new site behind the casino $10,000 2. Additional design and inspection fees for unexpected work encountered during the construction phase including new sewer system for the building, floor replacement, retaining wall removal, changes in the storm system, wing wall stabilization backflow prevention and other misc. work 6,050 3. New second floor heating system - development of plans and specifications for a new second floor heating system 3,500 Total $19,550 This addition of $19,550 will bring the total contract amount to $124,010. The consultant is Reimann-Buechner Partnership, 528 Plum St, Suite 200, Syracuse, New York 13204. The prices for the above work have been reviewed by our professionals staff and found to be fair and reasonable. Funds for this work are available in Account 200-717-520. Mr. Fahey moved : That the communication dated June 18, 1992 form the Commissioner of Community Development be received and filed and; That the Commissioner of Community Development be, and he hereby is authorized to issue Change Order # 2 to Reimann-Buechner Partnership for changes resulting in a net increase of $19,550 relating to Martin Luther King, Jr. Park Wading Pool- Consultant Contract- as more particularly described in the above communication. Funds are available in account # 200-717-520. PASSED. AYES- 12 NOES- 0. No. 56 92-93 Budget - Auto Allowance The 92-93 budget, as recommended by Your Honorable Body, eliminated the auto allowance for the Division of Development. This exclusion will prevent our design and construction administration staff from performing field measurements, preparing estimates, completing construction documents, and providing quality control for a variety of public improvements. If the auto allowance is not reappropriated, the Division of Development must be included in any proposed citywide car pool. RECEIVED AND FILED. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 57 Proposed Elimination of City-owned Vehicles on 24-Hour Basis Item # 154, C.C.P. 5/26/92 This is in response to the subject item which proposes elimination of round-the-clock City cars where possible. In this regard, please be advised that, in order to properly execute my duties and responsibilities as Head of the Department of Inspections and Community Revitalization which has jurisdiction for the City's code enforcement and neighborhood revitalization functions, it is necessary that I have a City car at my disposal on a 24-hour basis since the position often necessitates after-hour and/or weekend duties. Currently, and as previously reported to your Honorable Body, one City-owned vehicle is assigned to the department for use by myself, i.e., late-model Mercury Sable, Official Plate No. A89095. RECEIVED AND FILED. No. 58 Bids-Emergency Demolition of 61 Bissell Avenue Due to the very serious and hazardous condition to the fire-damaged building located at 61 Bissell Avenue, Deputy Fire Commissioner Paul A. Kurzdorfer requested that our department bid the property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on May 29, 1992 and that the contract will be awarded to the following lowest responsible bidder: ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID 61 Bissell Avenue Maplewood Construction Brenda Warren Toe $8,300.00 652 Longmeadow Buffalo, NY 14226 Please be further advised that the demolition contractor will arrange for the water and sewer termination and that the cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body and inspections made by this department, that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated June l, 1992, be received and filed; and That the award by the Commissioner of Inspect ions and Community Revitalization of an emergency demolition contract to Maplewood Construction at a cost of $8,300.00 relating to 61 Bissell Avenue is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000 and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113, of the Ordinances of the City of Buffalo. PASSED. AYES- 12 NOES- 0. No. 59 Bids Emergency Demolition on 88 Holt Street Due to the very serious and hazardous condition of the fire-damaged building located at 88 Holt Street, Deputy Fire Commissioner Paul A. Kurzdorfer requested that our department bid the property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e. in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on Sunday, June 14, 1992 and that the contract will be awarded to the following responsible bidder: ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID 88 Holt Street Mainline Contracting Inc. Amy C. Loehndorf, $32,600.00 Lisa H. Goldberg Estelle Low c/o Alan J. Bozer, Esq. 2100 Empire Tower Buffalo, New York Please be further advised that the demolition contractor will arrange for the water and sewer termination and that the cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be charged to the Special Assessment Fund # 500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated June 14, 1992, be received and filed; and That the award by the Commissioner of Inspect ions and Community Revitalization of an emergency demolition contract to Mainline Contracting, Inc. at a cost of $32,600.00 relating to 88 Holt Street is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund # 500-000-002-00000 and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113, of the Ordinances of the City of Buffalo. PASSED. AYES- 12 NOES- 0. No. 60 Authorization To Order Demolitions During Council Recess In order to expedite demolition proceedings which will be necessary during the month of August when your Honorable Body is recessed, your authorization to proceed during said recess is hereby requested, with the understanding that bids will be reported in accord with established policy. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated June 4, 1992, be received and filed; and That the Commissioner of Inspections and Community Revitalization be and he hereby is, authorized to proceed with emergency demolitions during the Common Council's August recess, with the understanding that the bids will be reported to the Common Council upon its return from recess in accordance with established policy. PASSED. AYES- 12 NOES- 0. No. 61 Permission to Accept Fund Transfer - Curbs and Sidewalks on Abby Street. The undersigned hereby requests your Honorable Body's approval of the following fund transfer in the amount of $60,000: From - CDBG Account 93-04202 - Hickory Woods Public Improvements. To - Capital Projects Account 200-401-507 Department of Public Works Division of Engineering. The transfer will facilitate the construction of walks and curbs on Abby Street between South Park and Baraga in the South Councilmanic District by the Department of Public Works, i.e., in order to complement substantial new housing development which has occurred in the Hickory Woods area on Abby, Baraga, O'Connor, Germania and Boone Streets, and in anticipation of additional redevelopment on Abby as soon as the acquisition of the former LTV Steel site is finalized. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization dated June 17, 1992, be received and filed; and That funds in the amount of $60,000.00 appropriated to the CDBG Account 93-04202 - Hickory Woods Public Improvements be and the same hereby are transferred to Capital Projects Account 200-401-507 Department of Public Works Division of Engineering for construction of curbs and sidewalks on Abby Street. PASSED. AYES- 12 NOES- 0. No. 62 Request for Compromise of Demo Costs 142 West Delavan CCP Dated May 26, 1992 Item No. 92 With regard to the above subject property, please be advised a one and a half story frame dwelling was demolished on this property for the total cost of $8000.00. The work was completed on August 2, 1991. All State and city laws have been observed and followed. Also be advised that Mr. Daniel Sansanese signed a consent form on 12/3/90, to have the City demolish the above mentioned building. REFERRED TO THE COMMITTEE ON FINANCE. No. 63 Community wide Urban Renewal Homestead Program Amendment to Land Disposition Agreement Masten New Housing Project Phase II B BBZ Development Company The City of Buffalo Urban Renewal Agency duly designated BBZ Development Company, and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving amended 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 a qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 64 Emslie NDP New Housing Project Approval of Amendment to Land Disposition Agreement M. J. Ogiony Builders, Inc. The City of Buffalo Urban Renewal Agency duly designated M. J. Ogiony Builders, Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving Amendment to Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 65 Former School # 41 (627 Jefferson Avenue) Approval of Land Disposition Agreement Gal/Van Developers, Inc. The City of Buffalo Urban Renewal Agency duly designated Gal/Van Developers, Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject Project. Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 66 Approval of Utility Easements 227 Jefferson Avenue and 637 North Division Shareef Enterprises, Inc.- Gal/Van Developers, Inc. Attached please find a map exhibiting the Utility Easement Agreements proposed by Niagara Mohawk Power Corporation (NMPC). The easement is for the property located at 227 Jefferson Avenue and 637 North Division. The proposed easements for the above property will enable the installation of the respective utility poles for future service to the single family units to be developed by Gal/Van Developers, Inc. and Shareef Enterprises, Inc. Since the location of said Utility Easements are proposed on land owned by the City of Buffalo your approval is required. Agency staff and legal counsel have approved this document for your disposition. It is my recommendation that said Utility Easements be approved. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 67 Memorandum of Agreement Local 650, AFSCME, AFL-CIO Upgrade of Job Title Attached please find a Memorandum of Agreement between the City of Buffalo and Local 650, AFSCME, AFL-CIO, in which the parties have mutually agreed to upgrade the job title of Assistant to the Commissioner of General Services. Your approval is respectfully requested. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 68 List/Map - Parking Meter Locations Attached hereto is a list and map of all parking meter locations in the City of Buffalo as requested by Your Honorable Body in the above referenced item. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 69 Home -Rule Message - S8213-A11586 Amend Retirement and Social Security Law for Police and Fire Retirees Item # 190, C.C.P. June 9, 1992 This office supports the passage of a home rule message requesting the passage of State legislation that would allow eligible employees of the City of Buffalo (City) to include compensation earned for working vacations in their final average salary (FAS). This FAS is used to compute individual retirement benefits. The State estimates the total cost of this benefit at $8.0 million payable over a five year period. State Senate bill 8213 (S8213) and State Assembly bill 11586 (A11586) provide state approval for the "working vacations" benefit but at a 1992-93 cost to the City of $1.9 million. This cost is in excess of the $1.35 million included in the City's 1992-93 budget for this benefit. My office has requested state legislation that would provide the above benefit at a 1992-93 cost to the City of $1.35 million. This legislation is Senate bill 8213A-(S8213A) and Assembly bill 11586A (A11586A). For the above reasons, I recommend that Your Honorable Body pass a home rule message requesting passage of S8213A and A11586A. RECEIVED AND FILED. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 70 Certificate of Appointment Appointment to become effective June 9, 1992 in the Department of Human Resources, Division of Substance Abuse Service, Linda Kowalski, 31 School St., Buffalo, NY 14213 to the position of Medical Secretary, Permanent at the starting salary of $20,388. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF GENERAL SERVICES No. 71 Waiver of Performance Bond Dobmeier Janitor Supply for Garbage Can Liners for 1992-93 (renewal of contract 6485) Item 183 C.C.P., 12-08-87 The above contractor has agreed to renew his contract with the city for garbage can liners at the same prices for the 1992-93 fiscal year. Because of the difficulty in obtaining a performance bond, he has asked that this requirement be waived. Since the amount is $22,169.00, under the $25,000 maximum for waiving the bond, and we have received prompt service this past year, I am respectfully requesting that your Honorable Body waive the performance bond requirement for Dobmeier Janitor Supply. Mr. Fahey moved: That the communication from the Department of General Services, dated June 12, 1992, be received and filed; and That the Commissioner of General Services be and he hereby is, authorized to waive the performance bond requirement for Debmeier Janitor Supply contract with the city for garbage can liners for 1992-93. PASSED. AYES- BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS- 9. NOES- AMOS, COLLINS, ZUCHLEWSKI- 3. No. 72 Auction of Surplus Vehicles/Equipment On June 17, 1992 the Department of General Services accepted sealed and open bids for the sale of surplus vehicles and equipment from the Departments of Police, Public Works and Streets Sanitation. Photographs of the auctioned items are enclosed. Request your approval to dispose of these items to the high bidders listed as follows: Item Bidder High Bid PC-01 1969 HA/DA MCY JOSEPH BARBER 4,600.00 PC-02 1972 HA/DA MCY GRANT BENHURST 4,950.00 PC-06 1972 HA/DA MCY JOSEPH BARBER 4,700.00 PC-08 1973 HA/DA MCY JOSEPH BARBER 4,750.00 PC-34 1972 HA/DA MCY JAMES WALSH 5,100.00 PC-35 1968 HA/DA MCY JOSEPH BARBER 5,300.00 PC-25 1977 HONDA MCY CONTINENTAL TRANS. 250.00 PC-83 1977 HONDA MCY CONTINENTAL TRANS. 375.00 85 CADILLAC (DRUG SEIZURE) KENMORE AUTO WRECKING 3,200.00 MISC. MOTORCYCLE PARTS JAMES WILSON 2,600.00 W-74-S 1981 GMC P/U BISON AUTO & TRUCK 135.00 BE-84-S'73 INTER BUS SMITH DISPOSAL 83.00 S-1250 1982 WHITE PACKER CASE'S TRUCK SALVAGE 3,258.00 S-742 1976 ELGIN SWEEPER BISON TRUCK PTS 1,288.88 S-748 1977 ELGIN SWEEPER ALDEN TRUCK PTS 1,157.00 S-749 1977 ELGIN SWEEPER ALDEN TRUCK PTS 1,456.00 S-750 1977 ELGIN SWEEPER BISON TRUCK PTS 1,258.88 S-751 1977 ELGIN SWEEPER ALDEN TRUCK PTS 1,256.00 S-401 1977 UNIMOG W/PLOW TONI TURTON 2,300.00 S-402 1977 UNIMOG W/PLOW TONI TURTON 2,300.00 S-404 1977 UNIMOG BWC CORP. 1,200.00 S-406 1977 UNIMOG TONI TURTON 1,257.00 S-407 1978 UNIMOG ALDEN TRUCK PARTS 1,556.00 S-408 1978 UNIMOG CASEY'S TRUCK SALVAGE 1,358.00 S-409 1978 UNIMOG CASEY'S TRUCK SALVAGE 2,058.00 S-410 1978 UNIMOG CASEY'S TRUCK SALVAGE 1,458.00 S-411 1978 UNIMOG CASEY'S TRUCK SALVAGE 2,558.00 S-415 1978 UNIMOG STANLEY STABA & SONS 1,276.00 S-426 1980 UNIMOG BISON TRUCK PARTS 1,258.88 S-429 1980 UNIMOG ALDEN TRUCK PARTS 2,256.00 E-514 1979 FORD VAN BISON TRUCKS & TOWING 71.00 E-516 1979 FORD VAN BISON TRUCK PARTS 188.88 E-519 1980 GMC P/U 2060 AUTO PARTS 50.00 E-21 1968 FORD DUMP STANLEY STABA & SONS 850.00 B-8 1969 CHEVR P/U CASEY'S TRUCK 28.00 T-218 1969 FORD UTIL BWC CORP. 876.00 S-720 1981 TROJAN LOADER 2060 AUTO PARTS 7,800.00 BSA-20 SEWER FLUSHER DEMO'S AUTO PARTS 888.00 W-53-E '62 FORD TRACTOR SMITH DISPOSAL 1,600.00 PLOW BLADE #1 ALDEN TRUCKS 356.00 PLOW BLADE #2 ALDEN TRUCKS 456.00 PLOW BLADE #3 ALDEN TRUCKS 256.00 PLOW BLADE #4 ALDEN TRUCKS 306.00 PLOW BLADE #5 ALDEN TRUCKS 26.00 PLOW BLADE #6 ALDEN TRUCKS 326.00 PLOW BLADE #7 ALDEN TRUCKS 356.00 PLOW BLADE #8 ALDEN TRUCKS 256.00 PLOW BLADE #9 ALDEN TRUCKS 426.00 PLOW BLADE #10 BISON TRUCK PARTS 308.88 PLOW BLADE #11 ALDEN TRUCKS 326.00 PLOW BLADE #12 TONI TURTON 21.00 PLOW BLADE #13 TONI TURTON 21.00 PLOW BLADE #14 ALDEN TRUCKS 426.00 PLOW BLADE #15 BISON TRUCKS PARTS 38.88 PLOW BLADE #16 ALDEN TRUCKS 156.00 PLOW BLADE #17 ALDEN TRUCKS 176.00 PLOW BLADE #18 ALDEN TRUCKS 106.00 PLOW BLADE #19 ALDEN TRUCKS 106.00 PLOW BLADE #20 TONI TURTON 21.00 PLOW BLADE #21 TONI TURTON 21.00 PLOW BLADE #22 ALDEN TRUCKS 176.00 PLOW BLADE #23 ALDEN TRUCKS 176.00 PLOW BLADE #24 ALDEN TRUCKS 156.00 PLOW BLADE #25 ALDEN TRUCKS 256.00 PLOW BLADE #26 ALDEN TRUCKS 156.00 PLOW BLADE #27 BISON TRUCK PARTS 358.88 PLOW BLADE #28 BISON TRUCK PARTS 358.88 PLOW BLADE #29 BISON TRUCK PARTS 358.88 PLOW BLADE #30 ALDEN TRUCKS 215.00 PLOW BLADE #31 ALDEN TRUCKS 306.00 PLOW BLADE #32 ALDEN TRUCKS 206.00 PLOW BLADE #33 ALDEN TRUCKS 156.00 PLOW BLADE #U-1 TONI TURTON 75.00 PLOW BLADE #U-2 TONT TURTON 75.00 PLOW BLADE #U-3 TONI TURTON 75.00 PLOW BLADE #U-4 TONI TURTON 125.00 TOTAL $86,627.42 Mr. Fahey moved: That the communication from the Department of General Services, dated June 18, 1992, be received and filed; and That the Commissioner of General Services, be and he hereby is, authorized to dispose of the items listed in the above communication to the highest responsible bidders for a total of $86,627.42. PASSED. AYES- 12 NOES- 0. FROM THE CITY CLERK No. 73 NOTICE OF INTENTION RENAME "ACCESS ROAD" TO "BUFFALO CHINA ROAD" Pursuant to Council Resolution and Chapter 286 of the Ordinances of the City of Buffalo, l submit this Notice of Intention to Rename a portion of Old Bailey Avenue known as the "Access Road", West of Bailey Avenue, North of the Thruway Crossover and North of Seneca Street as: "Buffalo China Road". A hearing on this matter will be held before the Common Council in the Council Chambers, 13th floor City Hall, on July 21, 1992 at 2:00 P.M. Notice of this public hearing is scheduled to be published in the Buffalo News on Friday, July 10th and Friday, July 17th, 1992. LAID ON THE TABLE No. 74 Michael LoVullo- Offer to Purchase Bookcase Item # 92, C.C.P. May 12, 1992 As per the request of the Common Council, I have viewed the item referred to in the above prior council reference. While not an expert in appraisal, I suggest a purchase price of $35.00. Mr. Fahey moved: That the communication from Vincent J. LoVallo, Chief of Staff, dated June 18, 1992, be received and filed; and That the Commissioner of General Services, be and he hereby is, authorized to accept from Michael LoVullo, $35.00 (Thirty Five Dollars) for the purchase of a used bookcase. PASSED. AYES- 12 NOES- 0. No. 75 Mayor Reported Out of State. Enclosed herewith is a letter from the Hon. James D. Griffin, Mayor, reporting his absence from the State from Monday, June 22, 1992 until Wednesday, June 24, 1992, delivered to the City Clerk on Friday, June 19, 1992. RECEIVED AND FILED. No. 76 Appropriate Accommodations for Hard-of -Hearing Individuals in the Common Council Chamber I have met with Mr. Stephen Paul Bliven, Executive Director of the Advocacy Office for People with Handicapping Conditions and with Mr. Donald Van Auken, a member of the Advocacy Committee for People with Handicapping Conditions, to discuss appropriate accommodations in the Common Council Chamber for individuals who are Hard-of-Hearing. I have taken bids from several vendors on FM Sound Systems and Audio Induction Loop Systems. I have concluded that an FM system is the most cost efficient way to satisfy the pertinent federal requirements and that a "Telex" FM System would be the best choice. FM Sound System Bids: Ronco Communications Inc. $2,800.00 Delaware A-V Distributors Inc. $3,300.00* Comcast Communications Inc. $3,907.00* * Includes $525.00 charge to interface with PA system in the Chamber. (Ronco Communications provides a warranty on the PA system in the Common Council Chamber and has reserved the right to charge $525.00 to supervise any interfacing of the PA system with another vendor's system. If Ronco Communications is not paid this charge, it will void its warranty on the PA equipment). Audio Induction Loop system bids: Comcast Communications Inc. (full coverage of Chamber) $6,264.00 Fundamental Sound (partial coverage of Chamber) $3,520.00 Ronco Communications Inc. (full coverage of Chamber) $4,390.00 Once a bid has been preliminarily accepted, Mr. Bliven, Mr. Van Auken and I will arrange fore an in-Chamber demonstration involving members of the hearing-impaired community. Final acceptance of any particular bid will be made expressly contingent upon our collective evaluation of said system's performance during the demonstration. REFERRED TO THE COMMITTEE ON FINANCE. No. 77 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. General Services RECEIVED AND FILED No. 78 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: Public Works- Virgil F. Cicco RECEIVED AND FILED. No. 79 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 2694 Delaware Ave. Saratoga Res. P. & A. Figliotti, Inc. 3264 Main St. 3264 Main St., Inc. RECEIVED AND FILED. No. 80 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- Ruth McGuire Police- Faye Kwiatowski Administration and Finance- Maria C. Giardina Human Resources- Elizabeth J. Wilk RECEIVED AND FILED. No. 81 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: Board of Stadium and Auditorium Buffalo Sewer Authority City Planning Board Civil Service Commission (3) Emergency Medical Services Board Home Improvement Advisory Board Youth Board RECEIVED AND FILED. No. 82 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fahey moved approval of appointments to the position of Council Intern. ADOPTED. Appointment to become effective June 12, 1992 in the Department of City Clerk, Stefanie M. Dodd, 106 Bidwell Pkwy, Buffalo, NY 14222 to the position of Intern III, Seasonal at the starting salary of $5.00/hr. Appointment to become effective June 17,1992 in the Department of City Clerk, Kelly A. Dargavel, 58 Brost Drive, Buffalo, 14220, to the position of Intern III, Seasonal at the starting salary of $ 5.00 / hr. 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 STADIUM & AUDITORIUM Appointment to become effective June 8, 1992 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium, Timothy Safford, 70 Butler Avenue, Buffalo, 14208 to the position of Laborer I, Seasonal at the starting salary of $ 5.98/hr. FROM THE DEPARTMENT OF PUBLIC WORKS Appointment to become effective June 6, 1992 in the Department of Public Works, Division of Engineering, Anthony T. Haeick, 153 West Delavan Avenue, Buffalo, NY 14213 to the position of Laborer I, Seasonal at the starting salary of $ 5.98/hr. Appointment to become effective June 10, 1992 in the Department of Public Works, Division of Water, Patrick D. Farrell, 987 Tifft Street, Buffalo, New York 14220, to the position of Water Service Worker, Seasonal at the starting salary of $ 6.02/Hr. Appointment to become effective June 15, 1992 in the Department of Public Works, Division of Water, Brian P. Folan, 29 Allegany Street, Buffalo, New York 14220, to the position of Water Service Worker, Seasonal at the starting salary of $ 6.02/Hr. Appointment to become effective June 8, 1992 in the Department of Public Works, Division of Buildings, Paula J. Scanlon, 201 Cumberland Avenue, Buffalo 14220, to the position of Bingo Inspector, Temporary at the starting salary of $21,533. FROM THE DEPARTMENT OF PARKS Appointments to become effective June 12, 1992 in the Department of Parks, Division of Recreation, to the position of Lifeguard, Seasonal, at the starting salary of: $5.00/hr. Joseph McCorquodale, 1262 West Avenue, Buffalo 14213 Benjamin Harsch, 70 Hillery, Buffalo 14210 Timothy Banks, 29 Humber, Buffalo 14215 Michael Dennehy, 154 Esser Avenue, Buffalo 14207 Kevin Hayes, 795 McKinley, Buffalo 14220 Steven Alvarez, 518 South Legion, Buffalo 14220 Michael Fitzpatrick, 324 Downing, Buffalo 14220 Appointments to become effective June 16,1992 in the Department of Parks, Division of Recreation, to the position of Lifeguard, Seasonal, at the starting salary of $ 5.00/hr. Amy Bohen, 156 McKinley Parkway, Buffalo 14220 Dennis Sanders, 40 Fosdick Street, Buffalo 14209 Dorrell Benton, 1099 Michigan Avenue, Buffalo 14209 Kenny Benton, 1099 Michigan Avenue, Buffalo 14209 Appointments to become effective June 8,1992 in the Department of Parks, Division of Recreation, to the position of Supervising Lifeguard, Temporary at the starting salary of $ 5.75 hr. Paul Delano, 807 Bird Avenue, Buffalo New York Michael Erdt, 89 Lombard, Buffalo 14212 Paul Flanagan, 43 Hammerschmidt, Buffalo 14210 Christina Gannon, 166 Choate, Buffalo 14220 Jennifer Lane, 49 Barnard Street, Buffalo 14206 Colleen Lalley, 81 Densmore, Buffalo 14220 Karen Lalley, 81 Densmore, Buffalo 14220 Eric O'Connell, 340 Cumberland, Buffalo 14220 Shannon O'Rourke, 712 Mckinley, Buffalo 14220 Anthony Gajkowski, 1326 Broadway, Buffalo 14212 Scott Noga, 56 Gatchell Street, Buffalo 14212 Appointment to become effective June 8, 1992 in the Department of Parks, Brian Griffin, 263 Okell St. , Buffalo 14220 to the position of Laborer II, Seasonal, at the starting salary of $6.65/ hr. Appointments to become effective June 8, 1992 in the Department Parks, Division of Recreation, to the position of Laborer II, Seasonal, at the starting salary of $ 6.65/hr. Michael Kane, 20 Britt, Buffalo 14220 Mark Lalley, 21 Edgewood Ave., Buffalo 14220 Joseph Langdon, 311 Downing St., Buffalo 14220 Vincent McCarthy, 26 Sunset, Buffalo 14207 Eugene Mullen, 56 Mineral Spring Rd., Buffalo 14210 John O'Leary, 100 Ryan St., Buffalo 14210 David Phillips, 98 Millicent Ave., Buffalo 14215 Diana Erdt, 89 Lombard, Buffalo 14212 Daniel Griffin, 24 Robins, Buffalo 14220 FROM THE DEPARTMENT OF POLICE Appointment to become effective June 8, 1992 in the Department of Police, Joseph Riga, 292 Hartford St., Kenmore, NY 14223 to the position of Police Captain, Contingent Permanent at the starting salary of $ 40,760. Appointment to become effective June 8, 1992 in the Department of Police, Victor Makosky, 65 Andres Pl., Cheektowaga, N.Y. 14227 to the position of Police Captain, permanent at the starting salary of $ 40,760. Appointment to become effective June 8,1992 in the Department of Police, John Battle, 326 Commonwealth Ave., Buffalo, N.Y. 14216 to the position of Police Inspector, Contingent Permanent at the starting salary of $ 44,854. Appointment to become effective June 8, 1992 in the Department of Police, Michael Mattioli, 54 Cranburne Lane, Amherst NY 14221 to the position of Police Inspector, Permanent at the starting salary of $ 44,854. FROM THE DEPARTMENT OF ADMINISTRATION & FINANCE Appointment to become effective June 10, 1992 in the Department of Administration & Finance, Division of the Treasury, Suzanne E. Moores, 26 Strathmore Avenue, Buffalo, New York 14220, to the Position of Chief Teller, Provisional, at the starting salary of $22,378.00. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 84 FRANK ATTARDO Offer to Remove Stone/Concrete - 119 LaSalle Street If I may, let me introduce myself, Frank Attardo of 27 Shoreham Blvd, Buffalo. I have been a resident of the City of Buffalo for thirty (30) years and have been solely operating a general dump truck service in the City of Buffalo, DBA Frank Attardo Trucking, for the past five (5) years. The property in question, 119 LaSalle Street, Buffalo has had this conglomerate of miscellaneous material stored on it since the late 1970's. Upon searching for the owner of this property; according to the records in the City Assessment Dept. it is owned by the City of Buffalo. There is no lease or rental agreement between the City and any other party. Upon further investigation with City Streets Dept., Local Police Precinct #16, Assessment Dept., Public Works, Engineering Dept., City Clerk Office and Building Permits Office have any idea where it came from or how it got there. When checking with these departments, I was instructed to contact the N.Y.S.D.O.T. who also had no idea and referred me to the N.F.T.A. I then contacted the Engineering Dept. of the N.F.T.A. and was told that the bulk of the material came from the construction of the Mass Transit Subway System. Also upon discussing how this property, owned by the City of Buffalo, has been a breeding ground for illegal dumping of trash, numerous counts of criminal acts, rodents, to say nothing of just general eyesore. I was told that the contract specifically stated that once the material was removed from the job site the N.F.T.A. has no responsibility or liability of this material. It therefore, if I may offer my proposal of removing this material from this location at no expense to the City of Buffalo. Upon removal of the broken concrete, oversized rock and jagged stone, the City then with minimal clean up could transform this eyesore into a piece of constructive property that could then be used as an asset for the City of Buffalo. Please contact me with any further information regarding this proposal. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 85 BLIND ASSOCIATION Permission to Hang Banner Delaware and North I am writing to request permission to hang a banner across Delaware Avenue and North Streets from July l, 1992 (or soon thereafter) until August 3, 1992 for the "Ride In Plain Sight" Bicycle Tour to benefit the Blind Association of Western New York. We fully understand the restrictions involved in hanging such a banner and will make every attempt to follow the rules accordingly. The copy on our banner will read: "Join the fun on Sunday, August 2, 1992 for the Ride In Plain Sight Bicycle Tour" 15 or 25-miles. For information call 882-1025." I would like to request information on who hangs these banners and the costs involved. I appreciate the Common Council's time, consideration and support of this project. The event is our largest fund raiser and the more publicity we can get the more services we are able to provide. Mr. Fahey moved: That the communication from the Blind Association of Western New York, dated June 5, 1992, be received and filed; and That the request of the Blind Association of Western New York to hang a banner across Delaware Avenue and North Streets from July I, 1992 until August 3, 1992 for the "Ride in Plain Sight" Bicycle Tour, be and hereby is approved, subject to conditions by the Department of Public Works and the Law Department. PASSED. AYES- 12 NOES- 0. No. 86 BOARD OF ETHICS Permission to Negotiate 722 Northampton, N 216' W Fillmore Vacant Land: 30' x 164' Assessed Valuation: Land:$ 1,500 Total: $18,400 By letter dated May 13, 1992, you referred to the Board of Ethics in inquiry concerning the captioned matter. It was discussed at our monthly meeting of June 3, 1992. Our attention focuses particularly on two aspects of the proposed sale: 1. Does the city employee, whose father is the prospective purchaser of the property, have any role in the city's appraisal of it? 2. Has the property been included in the inventory of city real property available for sale for a sufficient period so that members of the public interested in such sales would have had an opportunity to become aware of the fact that such property is available? We understand that the Common Council considers such sales and approves or rejects them. Members of the Board are confident that the Council's review and decision, particularly with the above considerations in mind, will assure that the public interest is safeguarded. RECEIVED AND FILED. No. 87 BUFFALO CABLE ACCESS MEDIA FY 92-93 Annual Budget Buffalo Cable Access Media (BCAM) is submitting its FY 92-93 for consideration and approval of the Buffalo Common Council. In accordance with our contract with the City of Buffalo. If additional information is needed, please feel free to contact me at 838-8196. REFERRED TO THE SPECIAL COMMITTEE ON CATV, THE COMPTROLLER AND THE CORPORATION COUNSEL. No. 88 COUNCIL OF CHURCHES Proposal for Complaint Process - Police Department Attached to this letter you will find "A Proposal To Improve and Rationalize the Citizen Complaint and Commendation Process of the Buffalo Police Department" The proposal has been unanimously endorsed by the Board of Directors of the Buffalo Area Council of Churches and the eight other organizations listed at the end of the proposal. We submit this proposal to you with the hope that the specific recommendations found in it will be adopted by the Common Council and implemented by the Buffalo Police Department. In the fall of 1991 the Buffalo Area Council of Churches, the New York Civil Liberties Unions and the Inter-Racial Taskforce convened a meeting at the Council of Churches to consider Policing in the City of Buffalo and the Buffalo Areas The outcome of that meeting was the establishment of a work group on Policing which has met every two weeks since its creation. The workgroup has studied "Policing Buffalo in the Nineties" the report of the international Association of Chiefs of Police" (March 1991) and the Buffalo Common Council's "Police Reorganization Commission Report" (December 1991). We have talked with Commissioner Degenhart, Inspector Brill of Internal Affairs and other& Our aim has been to become better informed so that we might: help facilitate public discussion of the expectations and policies effecting policing in our community to work with others to increase the professionalism of our police departments; and assist in improving the relationship between the police and citizens of our community. The Proposal to improve and Rationalize the Citizen Complaint and Commendation Process of the Buffalo Police Department is the immediate result of the work of our group. It has been shared other groups beyond those endorsing the proposal, but we did not seek their formal endorsements since we view the recommendations as non-controversial. You will discover that all of the recommendations are found in the report of the International Association of the Chiefs of Police and or have already been implemented in nearby Rochester, N.Y. We hope you will give your support to this proposal. Copies of this proposal have been previously provided to Councilman Fahey, Council President Arthur, and Commissioner Degenhart. I, and other members of our group, will be happy to meet with you and other members of the Common Council at any time regarding this proposal. Thank you for giving your attention to our proposal. We hope to hear from you soon. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE CORPORATION COUNSEL. No. 89 COUNTY OF ERIE Report on 911 Responses The following is my response to your resolution "Report on 911 Overload", Item # 160 C.C.P. of May 26, 1992. The Central Police Services' 9-1-1 Center serving the City of Buffalo utilizes an Automatic Call Distributor (ACD) system to distribute the incoming 9-1-1 calls equally among call answering personnel; to answer calls on a first in, first answered basis; and to handle the large volume of 9-1-1 calls in the most efficient manner. Our options whether using an Automatic Call Distributor or not, are: 1.) Provide a "busy" signal or 2.) Provide a recorded message during those brief periods when our personnel are busy with active 9-1-1 calls. The advantages of this recorded message is to assure the caller that he has in fact reached 9-1-1 and that his call will be answered as soon as possible. We believe this option is superior to providing a "busy signal" to excited callers who may have misdialed the 9-1-1 Emergency number. During the specific time frame cited in the resolution, 12:35 A.M., May 16, 1992, 131 9-1-1 calls were received between 12:30 A.M. and 1:30 A.M. In addition eight call backs were made to 9-1-1 callers who dialed 9-1-1 and hung up, and additional calls were received directly from Buffalo Police precinct stations. These precinct calls can average 25 per hour. In spite of this volume of activity, the average waiting time for a call to be answered was two rings or approximately seven seconds. Many callers defeat the purpose of the system by ignoring the recorded message, hanging up and redialing 9-1-1. On May 16, 1992 the center processed 2305 9-1-1 calls. 9-1-1 is an emergency number to be used when a Police, fire or emergency medical response is required, however in the City of Buffalo it is also used a primary source of information and contact with agencies other than Police, fire or ambulance. During 1991, we received 501,036 9-1-1 calls of which 358,821 were assigned incident numbers. A total of 142,215 calls or 28%, were duplicate calls which cannot be avoided or calls which did not require the dispatch of Police, fire or ambulance units. Due to the large volume of calls, activation of the recording cannot be avoided, however every effort is made to keep it at a minimum. This department's emergency procedures include the authority of 9-1-1 shift supervisors to call in off duty employees or hold over employees on an overtime basis to cope with unanticipated high call volumes. Untrained Personnel cannot be used to staff the center due to the level of procedures and equipment training required for 9-1-1 operations. In the event of a 9-1-1 system failure, Several Buffalo Police Department seven digit telephone numbers are automatically routed to the 9-1-1 center for use as complaint lines. During an emergency, the Buffalo Police Department would use the media to notify the public of these emergency numbers. If it becomes necessary to evacuate the 9-1-1 center located at Buffalo Police Headquarters, 9-1-1 calls can be switched to an alternate basic 9-1-1 emergency back-up center at the Police Radio station in Delaware Park. This facility is tested on a regular basis to ensure its operability. I hope this report is a satisfactory response to your resolution. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE CORPORATION COUNSEL.. No. 90 GRASER FLORIST Encroachment- Awning- 399 Amherst St. I, Marty Kohler, of Kohler Awning, acting as agent for Thomas Graser, owner of Graser Florist, located at 399 Amherst Street, respectfully request permission to install an awning at said location which encroaches city right of way. The proposed awning would measure 26 feet in length, 5 feet in height and project 2 feet 6 inches from the building face into city right of way. Thank you for any consideration regarding this matter. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF PUBLIC WORKS. No. 91 NEW YORK CIVIL LIBERTIES UNION Support Clarification of Functions of Police Internal Affairs Unit I am writing to inform you of the NYCLU's support of a proposal that would clarify the functions of the Internal Affairs Unit of the Buffalo Police Department. A copy of this proposal has been filed for the next session of the Common Council for your consideration. This proposal was developed by the Reverend Stan Bratton at the Council of Churches and myself. In addition, several other organizations have contributed to this proposal and support it (see list attached to proposal). There are six components to the proposal. All of these components are routine and standard procedures for a professional police department. However, they currently do not exist in the Buffalo Police Department. It would be helpful if this proposal could be in place prior to a new Commissioner has been appointed. This proposal has previously been shared and discussed with Councilman Eugene Fahey and Council President George Arthur. I will be contacting other members of the Council over the next few weeks to discuss this proposal. Should you need further information or have any questions, please contact me at the above number. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE CORPORATION COUNSEL. No. 92 NIAGARA MOHAWK POWER CORPORATION Dewey Avenue Service Center Hazardous Storage Facility Semi-Annual Report Niagara Mohawk Power Corporation submits the enclosed report in order to comply with Resolution No. 228 of the Common Council of the City of Buffalo, filed in the City Clerk's Office on June 5, 1991. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE ENVIRONMENTAL MANAGEMENT COMMISSION. No. 93 MRS. O'NEIL, ETC. Health/Noise Complaints on Walter St. We are three families that are lifetime residents of Walter Street. We all have nice homes and have put a considerable amount of money into them. Now, the City has made it almost impossible for us to live here. I am enclosing a copy of a letter which was sent to the mayor so it will pretty much explain what we are protesting to. We were informed that the Health Dept., the Environmental Dept. and the City Inspection has approved of this with no regard to our complaints. As I have stated, we cannot open our windows, doors or use our yards. Our street is blocked many times with cars and trucks parked all over. We are subjected to a compressor going all day and tonight (Monday) it was going until 10 p.m. Everyone that is aware of this condition cannot understand how the City would allow this to happen and to issue them a license and a permit. These so called Inspectors should have this condition in their back yard. We feel in all justice to us and also for health reasons their painting license should be revoked. This should not ever been allowed to happen. We certainly feel that we deserve more fair treatment from the City. Our taxes will be increasing and the City has allowed the value of our homes to be reduced to nothing. It is now 11:40 p.m. and we have called the police because that compressor is going again. We get absolutely no relief from this mess. Also with all the discussion today about Air Pollution how can this be allowed to happen. We certainly feel this should be stopped and will appreciate anything that is done. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE ERIE COUNTY HEALTH DEPARTMENT. No. 94 RAE H. ROSEN, PhD Update on Horizons Commission Activities The work of the Horizons Waterfront Commission is proceeding in many interesting ways. It has been several months since we have met personally to discuss my involvement as the Common Council's appointee to the Commission, so I have compiled this chronology of my activities from December 1, 1991 to June 1, 1992: December 4- chaired a meeting of the Design and Architecture (D/A) Committee to establish criteria for evaluating consultants' proposals; December 5- met with Mr. Comerford and Mr. Doyle and the HWC staff to discuss the BPS' involvement in the "themed visitor attraction" proposal review; December 11- attended the bimonthly HWC meeting and voted to accept the Final Generic Environmental Impact Statement; December 13- toured Cleveland's waterfront areas with other HWC members and heard descriptions of how waterfront development was planned and organized; December 16/17- participated in interviews with consultant teams for proposed "themed visitor attraction" (the "Nowak Project"); December 19- met with J. GoodeIl, T. Blanchard, and D. Casciotti to finalize recommendation for hiring consultant; January 29- attended bimonthly HWC meeting; reported on Design and Architecture Committee; voted to approve contract with Cambridge Seven Associates, Inc. for planning Phase I, "themed visitor attraction," to adopt Findings Statement of SEQRA, and to adopt HWC Action Plan; January 30- chaired meeting of D/A Committee to refine interview process and strengthen language of RFQ/RFP statements on affirmative action guidelines; February 24- reviewed RFP responses for planning Phase 1 of the Outer Harbor conceptual land use and development project; March 2- met with HWC-staff, Committee Chairs and members of D/A Committee to develop "short list" of consultant teams to be interviewed for Outer Harbor project; March 9/10- participated in interviews with consultant teams for Outer Harbor project and met with Committee Chairs and HWC staff to make a recommendation to HWC Board for hiring consultants; March 11- reviewed proposals for Athol Springs Public Promenade and Lake Erie Beach Improvements; March 18- attended bimonthly HWC meeting; gave report on D/A Committee; voted to approve contracts for Outer Harbor Project, Athol Springs Public Promenade and Preliminary Design for Lake Erie Beach Improvements; April 12/13- met with HWC staff, Committee Chairs and Ehrenkrantz and Eckstut (E&E) team for planning first visit, Outer Harbor project; April 14- attended several small focus groups to discuss Outer Harbor issues with E&E team; April 21- attended HWC Committee Chairs meeting; May 6- attended meeting at UB School of Architecture to view student projects of Buffalo River and River Road (Town of Tonawanda); May 11- attended HWC Committee Chairs meeting and presented proposal for hiring community outreach consultant; May 18- attended E&E presentation of preliminary ideas for Outer Harbor development and accompanied E&E team on harbor boat tour; May 20- attended bimonthly HWC meeting and presented overview of E&E's preliminary analysis. I believe my involvement in the Horizons Waterfront Commission thus far has been productive and rewarding. I am looking forward to the next phase of planning for the Outer Harbor and the "themed visitor attraction." The consultants who have been hired are tremendously excited about working in Buffalo and their efforts reflect their enthusiasm. I will be happy to meet with you to discuss any questions you may have regarding the Commission or my role as your representative. RECEIVED AND FILED. PETITIONS No. 95 Russer Foods, petitioner, Erie County Industrial, owner, petition to use 50 Van Rensselaer for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 96 Jacobi Development, owner, petition to use 526 Niagara St. for 32 apartments with parking REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 97 G. J. & E. J. Carriero, owner, petition to use 1544 Hertel for a take-out restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 98 Southside Bowling Center, Inc., owner, petition to use 1603 Seneca for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 99 Jafco Realty Corp., owner, petition to use 2192 Niagara Street to erect a masonry building to be used for a sit-in restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. REGULAR COMMITTEES CIVIL SERVICE HON JAMES W. PITTS CHAIRMAN No. 100 Notices Of Appointments (C.Clerk) (Item # 75 CCP Jun 9, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 101 Change in Water Fund Revenue Estimates (Mayor) (Item # 5 CCP Jun 9, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 102 Retroactive Application/Utility Tax Increase (CC) Item # 56 CCP Jun 9, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 103 Gateway Tunnel Feasibility Study (PW) (Item # 41 CCP Jun 9, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 104 Transfer Capital Allocation Computer System (Item No. 52, C.C.P. Mar. 31, 1992) That funds in the amount of $35,000.00 appropriated to the Division of Data Processing for the maintenance of the NBI word -processing system be and the same hereby are transferred and reappropriated for use by the Department of Law for acquisition of new computer equipment to replace the NBI system. PASSED. AYES- 12 NOES- 0. No. 105 Bond Resolution Not Requested For 1991-92/Capital Improvement (Item # 23 CCP Jun 9, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 106 Broadway Market Corporation/Offer To Extend Lease (Item # 88 CCP May 26, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 107 Broadway Market Lease (CC) (Item # 52 CCP Jun 9,1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 108 Broadway Market Lease (CD) (Item # 58 CCP Jun 9, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 109 Proposed Work Agreement for Relocation of Fire Alarm Pedestals as Required for Pin # 5753-02 NYS DOT (Item No. 52, C.C.P., May 26, 1992) That the Fire Commissioner be and hereby is authorized to execute on behalf of the City of Buffalo a proposed Utility Work Agreement with the New York State Department of Transportation as required by PIN # 5753-02 NYSDOT. PASSED. AYES- 12 NOES- 0. No. 110 Permission To Negotiate 722 Northampton, N 216' W Fillmore (Item No. 19, C.C.P., May 12, 1992) That the Comptroller be, and he hereby is authorized to negotiate with Mr. Samuel Whitaker, residing at 15 French Street, Buffalo, New York 14211, for the private sale of 722 Northampton Street, Buffalo, New York and report to this Honorable Body the results of such negotiations. ADOPTED. No. 111 Results Of Negotiations 1405 Michigan, E 104' N Utica Item No. 37, C.C.P., April 14, 1992) That the offer of David Adams, residing at 1399 Michigan Avenue, Buffalo, New York, in the sum of One Thousand ($1,000) Dollars to purchase 1405 Michigan Avenue, Buffalo, New York, be and hereby is accepted; and That the recording fees, transfer tax, appraisal 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- 12 NOES- 0. No. 112 Request To Waive Rental Fees To The World University Games (Item No. 170, C.C.P. June 9, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved to recommit the above item to the Committee on Finance. ADOPTED. No. 113 Information/Playground Renovation Bids (Parks) (Item # 43 CCP Jun 9, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 114 Home Rule Message - S8213/ A11586 Amend Retirement and Social Security Law For Police and Fire Retirees Item No. 190, C.C.P., June 9, 1992) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved that the above item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 115 RCR Yachts, Inc., Petition To Use 14 Michigan South For A One Story Building For Boat Storage (Item No. 81 C.C.P. June 9, 1992) That after a public hearing before the Committee on Legislation on June 16, 1992, the petition of RCR Yachts, Inc. for permission to use 14 Michigan South for a one story metal type of building for boat storage be and hereby is approved, on the condition that the building be appropriately landscaped. PASSED. AYES- 12 NOES- 0. No. 116 201 Elmwood Avenue Requests Permission To Install Fence (Item No. 43, C.C.P., May 26, 1992) That the Commissioner of Public Works be and he hereby is, authorized to issue a" mere license" to Mr. James Shaw, owner of the property located at 201 Elmwood Avenue, to install a wrought iron fence which would encroach city right-of-way at said address, subject to the conditions set by the Department of Public Works in the above communication. PASSED. AYES 12 NOES- 0. No. 117 Local Law Intro. No. 5 (1992) Annual Water Statement (Item No. 158, C.C.P. April 28, 1992) That the Local Law as contained in Item No. 158, C.C.P., April 28, 1992, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 118 SEQRA Process/Capital Budget Project (EMC) (Item # 14 CCP May 26, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 119 Three Tier Rate System/Parking Meters (Item # 202 CCP Jun 9, 1992) That the above mentioned Item be and the same is hereby received and filed. Mr. Coppola moved to receive and file the above item; seconded by Mr. Bell Mr. Zuchlewski moved as an amendment to approve the above item; seconded by Mr. Fahey. ADOPTED. AYES- AMOS, BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 9 NOES- BELL, COLLINS, PITTS- 3 No. 120 Eliminate Use Of Official Cars On 24 Hour Basis (Police) (Item # 45 CCP Jun 9 1991) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 121 Eliminate Use Of Official Cars On 24 Hour Basis (Fire) (Item # 48 CCP Jun 9, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 122 Tire Disposal Pickup Schedule (STS) (Item # 64 CCP Jun 9, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 123 Appointment Of Member Of The Buffalo Water Board Item No. 2, C.C.P., June 9, 1992 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. LoTempio moved: That the appointment of member of the Buffalo Water Board for a two year term expiring December 31, 1994 of Thomas F. Keenan, 34 Lancaster Avenue, Buffalo, New York 14222, and appointment of member of the Buffalo Water Board for a one year term expiring December 31, 1993, of Kenneth R. Kirby, 181 St. Lawrence Avenue, Buffalo, New York 14216, be and hereby are confirmed. ADOPTED. AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 9 NOES- COLLINS, COPPOLA, PITTS- 3 RESOLUTIONS No. 124 BY: MR. AMOS COMBINE BUFFALO AND NIAGARA FALLS INTO A SINGLE METROPOLITAN STATISTICAL AREA WHEREAS: After the 1980 census Buffalo and Niagara Falls were broken up into separate Primary Metropolitan Statistical Areas (PMSA's) over the objection of the city of Buffalo; and WHEREAS: This action caused the recorded population of both areas to drop below one million and gave the impression that Western New York is an area in decline; and WHEREAS: The Western New York Hospital Association has pointed out that "large urban" areas of over one million people are reimbursed by Medicaid at a higher rate than "other urban" areas and the result is $11 million in lost revenues to local hospitals since 1988; and WHEREAS: Other cities used the census process to annex neighboring counties into their Standard Metropolitan Statistical Area (SMSA), thereby giving the impression of an expanding population base to companies which use census data in making decisions on investment and expansion decisions; and WHEREAS: The importance of presenting a "growth" image to the national economic community should not be underestimated and it is to Buffalo's advantage to reinforce the fact that it is part of an immense regional population base which includes Buffalo, Niagara Falls, Rochester, Toronto and Hamilton; and WHEREAS: The completion of the 1990 census presents Western New York with the chance to remap its census basis to the benefit of all in the region; and NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests the Western New York Congressional delegation to lobby for the combining of the Buffalo and Niagara Falls PMSA's into one Standard Metropolitan Statistical Area called the Buffalo-Niagara Falls SMSA, for the annexation of Genesee, Wyoming, Cattaraugus and Chautauqua Counties into the SMSA if they are willing, and for the formation of a Consolidated Metropolitan Statistical Area (CSMA) consisting of the Rochester SMSA and the Buffalo-Niagara Falls SMSA; and BE IT FURTHER RESOLVED THAT: This Council directs the City Clerk to send certified copies of this resolution to Representatives Houghton, LaFalce, Nowak, Paxon, and Slaughter, to Senators Moynihan and D'Amato, to the Mayors of Niagara Falls and Rochester, to the County Executives of Genesee, Wyoming, Chautauqua and Cattaraugus Counties, to the federal Office of Management and Budget and to the Bureau of the Census. ADOPTED. No. 125 BY: MR. ARTHUR REQUEST PLACEMENT OF EDWARD M. COTTER CREW ON PREFERRED CIVIL SERVICE LIST WHEREAS: Local 282 of the Professional Firefighters Association has asked this Council to investigate the feasibility of allowing the laid-off crew members of the Fire Boat Edward M. Cotter the opportunity to be placed on a preferred list for positions in other areas for which these individuals have the appropriate skills, experience and licenses as per Civil Service requirements; and WHEREAS: It seems fair and equitable to give such consideration to these individuals since they have been in the City's employ for many years, some for as many as 30 years and needing only a year or two to reach retirement. NOW THEREFORE BE IT RESOLVED THAT: This Common Council ask the Civil Service Commission to consider the feasibility of allowing laid-off crew members of the Cotter to be placed on a preferred list for positions in other areas for which they are qualified and report its findings to this Common Council as soon as is practicable. ADOPTED. No. 126 BY: MR. ARTHUR PUBLIC HEARING - CONTROL OF EXHIBITS ALLENTOWN ART FESTIVAL WHEREAS: For thirty-five years, the annual Allentown Art Festival has been one of the major attractions of the summer season in the City of Buffalo; and WHEREAS: Unlike other festivals held throughout the city which cater first to community businesses, organizations, and merchants, and then accommodate outside groups, the Allentown Festival primarily caters to outside exhibits; and WHEREAS: The recent festival held on the weekend of June 13th and 14th was extremely successful in that it drew hundreds of thousands of people to the heart of the city, but caused hardships and hard feelings on the part of area churches, businesses and merchants; and WHEREAS: There have been many complaints registered concerning the manner in which some merchants and city residents were treated at this year's festival by the Allentown Art Festival Committee and have requested an opportunity to express those concerns to this Honorable Body; NOW, THEREFORE, BE IT RESOLVED: That the Common Council schedules a Public Hearing to: 1. gather input from the community on ways to make the festival better for the immediate community, as well as, the community at-large; 2. review the actions of the sponsor of the event, the Allentown Village Society; 3. determine the revenue generated by this event and where the proceeds go; and 4. determine whether modification of the current ordinance Chapter 413, Article V, section 413-36, "Use of streets for public events" is warranted. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 127 BY MESSRS. ARTHUR AND PERLA ORDINANCE AMENDMENT CHAPTER 511 - ZONING The Common Council of the City of Buffalo does hereby ordain as follows: That Section 511-95 of Chapter 511 of the Code of the City of Buffalo be amended to read as follows: 511-95. Uses subject to special regulation. It Is recognized that there are some uses which, because of their very nature, have serious objectionable operational characteristics when several of them are concentrated under certain circumstances which produce a deleterious effect upon adjacent areas. Special regulations of these uses is necessary to ensure that adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary reason for regulation is to prevent a concentration of these uses in any one (1) area which could create adverse neighborhood effects. To enforce the restrictions upon the location of new uses, it is necessary for the city to require permits for all existing and new uses covered by this section. It is recognized that many of the uses regulated by this section involve potentially large profits which entice owners of buildings within the city to ignore the provisions of this chapter and disregard the adverse effects upon the neighborhood when leasing their property. It is necessary, therefore, to regulate owners as well as operators of these special regulated uses. Uses subject to these controls are as follows: A. Adult uses: adult bookstores and adult motion picture theaters, including adult video stores, as defined in 511-4 of this chapter, and exotic cabarets as defined in 511-4 of this chapter. (1) It shall be unlawful to hereafter establish any adult bookstore, adult motion-picture theater, including adult video store, or exotic cabaret in any C, CM or M Zoned District if the proposed location is [five hundred (500)] within one thousand five hundred (1500) feet of an R District or if the proposed location is within one thousand (1,000) feet of another adult use (i.e. adult bookstore, adult motion-picture theater, including adult video store, or exotic cabaret). These prohibitions shall be waived [upon presentment to the City Planning Board of a validated petition requesting such waiver, signed by] by the Common Council after a report and recommendation from the City Planning Board and after a public hearing by the Common Council pursuant to Section 511-55. Applications for waivers of these locational requirements of this section shall be made upon verified petitions, on a form supplied by the City Planning Board, and containing signatures of fifty one percent (51%) or more of those persons [having their residence] owning property within [five hundred (500)] one thousand five hundred (1500) feet of the proposed location. The word "establish" means to operate such an adult use as the owner [of premises wherein such use is contained] or [as the] lessee [of premises wherein such use is contained] or [as an] employee of the [owned] owner or operator of an adult use so established. (2) The [City Planning Board] Common Council shall waive this locational provision for adult bookstores and adult motion-picture theaters, including adult video store, or exotic cabaret if the following findings are made[:], following a public hearing held by the Common Council upon notice to the property owners in A.(1) above: (a) That the proposed use will not be contrary to the public interest or injurious to near-by properties and that the spirit and intent of this chapter will be observed; (b) That the proposed use will not [enlarge or encourage the development of a skid row area] result in the blighting or diminishing of property values in the surrounding neighborhood; (c) That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal; (d) That all applicable regulations of this chapter will be observed; [(3) For exotic cabarets, the Common Council shall waive the locational requirements if the findings required under Subsection A(2)(a) through (d) can be made and after receiving a report and recommendation from the City Planning Board.] [(4)] (3) Petition of consent. The Commissioner of the Department of Inspections and [Licenses] Community Revitalization shall adopt rules and regulations for securing a petition of consent required in Subsection [A(2) and (3)] A1(1)and(2). The rules shall provide: that the circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with such rules; [and] that the circulator personally witnessed the signatures on the petition; and that the same were affixed to the petition by the person whose name appeared thereon. The [City Planning Board] Common Council shall not consider a waiver of locational requirements until the above-described petition shall have been filed and [verified] validated by the City Planning Board. [(5)] (4) Adult use permit. No person, firm or corporation shall continue or engage in the business of operating an adult bookstore, adult motion-picture theater, including adult video store, or exotic cabaret in the City of Buffalo without an adult use permit issued by the Director of Licenses [and Permits] after written application, duly verified, has been made therefor upon a form provided by said Director. Said application shall give the name and address of said applicant, the location of the premises whereon said adult use is to be operated and such other information as the Director of Licenses [and Permits] shall require. All permit applications submitted for new adult uses, not previously operated in said location, shall comply with all provisions set forth in Subsection A(1), (2), and (3) [and (4)] above. APPROVED AS TO FORM R. Peter Morrow Deputy Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 128 BY: MR. BAKOS CITY OF BUFFALO LOCAL LAW NO _________ (1992) INTRODUCTORY NO. 1 (1992) A LOCAL LAW amending section ninety, ninety-one and ninety-two of article six of the Charter of the City of Buffalo, in relation to the advocacy office for people with handicapping conditions. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That section ninety, ninety-one and ninety-two of article six of the charter of the City of Buffalo, adopted pursuant to law, be amended to read as follows: MAYOR'S ADVOCACY OFFICE FOR [PEOPLE] PERSONS WITH [HANDICAPPING CONDITIONS] DISABILITIES; DUTIES AND POWERS. Sec. 90. Mayor's Advocacy Office for [People] Persons with [Handicapping Conditions] Disabilities; Duties and Powers. There shall be in the executive department [an] a mayor's advocacy office for [people] persons with [handicapping conditions] disabilities. Such office shall have the power and responsibility to represent (handicapped] people with disabilities in various areas of concern affecting their rights as citizens, including, but not limited to, discrimination, transportation, housing, employment, education, recreation, economic security and rehabilitation. The powers granted hereunder, however, shall not include any furnishing of legal services on behalf of any [handicapped] disabled person before any court, board, commission, agency or other public body. Sec. 91. Mayor's Advisory Committee for [People] Persons With [Handicapping Conditions] Disabilities. The mayor's advocacy office for [people] persons with [handicapping conditions] disabilities shall be under the supervision and subject to the direction of the office of the mayor and the mayor's advisory committee for [people] persons with [handicapping conditions] disabilities. Such committee shall consist of twenty-one persons to be appointed by the mayor. The term of the members first appointed shall commence on the first day of the month following the enactment of this law, nineteen hundred seventy-nine, and such members shall be appointed: one-third of the members for one year; one-third of the members for two years; and one-third of the members for three years; and their successors shall be likewise appointed, each for the term of three years. Vacancies in the committee shall be likewise filled for the unexpired portion of such term. The majority of [such] the advisory committee members shall be residents of the city of Buffalo. At least eleven of the committee members shall be persons with disabilities. The mayor shall designate a [chairman] chairperson from among such members and may from time to time change such designation. The members shall serve without compensation. Meetings of the committee shall be held upon the call of the [chairman] chairperson or as specified in a written declaration by a majority of the members of such committee, but in no event shall less than eight (8) meetings per year be held. The committee shall be charged with the responsibility of arranging for the inspection by appropriate -city officials of all buildings being constructed or being converted to another use, in order to assure accessibility of such buildings to [the handicapped] persons with disabilities in compliance with [section sixty-seven of chapter twelve of the ordinances] all applicable federal, state and local laws. Sec. 92. Executive Director. An executive director shall be recommended by the committee, and appointed by the mayor, who shall be the chief executive officer of the mayor's advocacy office and shall be responsible for the daily management of the affairs of such office and of its employees. The executive director shall have the power to appoint such persons to such positions as shall be provided by ordinance. Section 2. This local law shall take effect immediately. APPROVED AS TO FORM R. Peter Morrow Acting Corporation Counsel NOTE: Matter in brackets [ ] is to be deleted, Matter Underlined is New. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 129 BY: MR. BELL REVIEW DIVISION OF LICENSES AND PERMITS WHEREAS: The most recent increase in City of Buffalo license fees was intended to increase the division's revenue and allow the city to be reimbursed for services rendered; and WHEREAS Division of Licenses and Permits has not demonstrated an ability to recover the cost of providing its services to the general public; and WHEREAS of the reasons for this shortfall in revenue appears to be the division's inability to systematically monitor whether proper licenses have been obtained, and whether licenses previously obtained are still valid; and WHEREAS: There seems to be many persons who have not applied for proper permits, who have allowed permits to expire, or who are otherwise in violation of the ordinances regarding the issuance of licenses and permits, without the city's knowledge; and WHEREAS: The City of Buffalo appears to be overlooking a means to generate thousands of dollars of potential revenue by not collecting fees and late charges that it is entitled to receive; and WHEREAS: A more aggressive effort to pursuing this avenue, such as the one undertaken by the Parking Violations Bureau, would likely yield a significant amount of money; and WHEREAS: With the fiscal problems that this city is experiencing, it is more important than ever that the city make every effort possible to collect all monies due; NOW, THEREFORE BE IT RESOLVED: That this Common Council requests that the City Comptroller audit the Division of Licenses to determine the efficiency of that division, and to make recommendations on what changes could be made to improve the operation of the division; and BE IT FURTHER RESOLVED: That this honorable body also requests that the Division of Licenses and Permits file a written report detailing the division's revenue breakdown, how the division ensures compliance with city ordinances regarding licenses and permits, and what steps could be taken to enhance the efficiency of the division and increase revenues. ADOPTED. No. 130 BY: MR. BELL PUBLIC HEARING ON SPRAYING TREES WITH SEVIN WHEREAS: The City of Buffalo Parks Department recently sprayed numerous elm trees with Sevin, a toxic pesticide designed to prevent the proliferation of the elm leaf beetle; and WHEREAS: The City's Pest Management Board has concluded that Sevin can be "highly toxic to exposed workers, citizens and non-target animals;" and WHEREAS: The Sevin that the City used has been in storage for seven years, about twice the recommended shelf life, raising additional concerns about the effect of the ingredients; and WHEREAS: Some councilmembers were so concerned about the use of Sevin that they asked that their districts not be sprayed, and many residents asked that alternative means to control the elm leaf beetle be utilized; and WHEREAS: Despite the Acting Parks Commissioner's pledge that the department would honor those requests, that apparently has not been the case; and WHEREAS: In addition, it appears that some of the procedures used during the spraying, particularly the notification process, presented an additional potential health hazard to the residents of areas that have been sprayed; and WHEREAS: Many local residents are outraged about this entire episode, and have many questions about the Parks Department's spraying procedures and its future intentions regarding controlling the elm leaf beetle; NOW, THEREFORE BE IT RESOLVED: That the Common Council's Committee on Legislation hold a public hearing on the spraying of the city's elm trees in Council Chambers on Tuesday, June 30, 1992 at 6:00 PM; and BE IT FURTHER RESOLVED: That the Acting Parks Commissioner, the Pest Management Board, the New York State Department of Environmental Conservation, and all interested members of the public be invited to speak at the hearing. REFERRED TO THE COMMITTEE ON LEGISLATION, THE PEST MANAGEMENT BOARD AND ENVIRONMENTAL MANAGEMENT COMMISSION. No. 131 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS ENTERPRISE FUND - WATER DEPARTMENT OF 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 $49,000 be and the same is hereby transferred from various accounts in Appropriation Allotments Enterprise Fund - Water and said sum is hereby reappropriated as set forth below: From: 410 Enterprise Fund - Water 98-0 Department of Water 012 - Filtration Plant Materials & Supplies 423 - Chemicals $5,000 81-3 Fringe Benefits 173 - Group Life Insurance 2,500 81-9 Exempt Items 842 - Reserve for Capital Improvements 41,500 Total $49,000 To: 410 Enterprise Fund - Water 98-0 Department of Water 014 - Intake Piers, Towers & Tanks Public Utility Services 221 - Electric, Light & Power $45,000 031 - Mechanical Services Personal Services 110-Salaries-Regular 4,000 TOTAL $49,000 PASSED. AYES- 12 NOES- 0. No. 132 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - EXEMPT ITEMS DIVISION OF BUILDINGS That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $9,000 be and the same is hereby transferred from various accounts in Appropriation Allotments - Exempt Items and said sum is hereby reappropriated as set forth below: FROM: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $9,000 TO: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $9,000 FROM: 81-8 - Interfund Transfers 010 - Transfer to Capital Projects Fund $9,000 TO: 200 Capital Projects Fund 40-2 - Division of Buildings 044 - Reconstruction of Monuments $9,000 PASSED. AYES- 12 NOES- 0. No. 133 BY: MR. COLLINS TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS - DIVISION OF BUILDINGS That, pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $50,000 be and the same is hereby transferred from various accounts in Appropriation Allotments - Division of Buildings and said sum is hereby reappropriated as set forth below: FROM: 100 General Fund 40-2 Division of Buildings 021 - Administrative Services Purchase of Services 583 - Unclassified $50,000 TO: 100 General Fund 40-2 Division of Buildings 031 - Operation & Maintenance of Public Buildings Public Utility Services 223 - Gas $50,000 PASSED. AYES- 12 NOES- 0. No. 134 BY: MR. COLLINS AUTHORIZING $680,000 INSTALLMENT PURCHASE CONTRACT FOR TRASH HAULERS RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A CONDITIONAL EQUIPMENT PURCHASE AGREEMENT FOR EIGHT TRASH HAULERS, AT AN ESTIMATED MAXIMUM COST OF $680,000, AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH, WHEREAS, the Common Council of the City of Buffalo, New York ("City") has determined that a true and very real need exists for the eight trash haulers (the "Equipment") described in the proposed Master Equipment Lease/Purchase Agreement (the "Agreement") with Signet Leasing and Financial Corporation presented to this meeting; and WHEREAS, the City has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, the City proposes to enter into the Agreement with Signet Leasing and Financial Corporation substantially in the form presented to this meeting. THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES AS FOLLOWS: Section 1. It is hereby found and determined that the terms of the Agreement in the form presented to this meeting are in the beat interests of the City for the acquisition of the Equipment. Section 2. The Agreement is hereby approved. The Comptroller of the City is authorized to execute, acknowledge and deliver the Agreement with any changes, insertions and omissions therein as may be approved by the Comptroller, such approval to be conclusively evidenced by such execution and delivery of the Agreement, The City Clerk of the City is authorized to affix the official seal of the City to the Agreement and attest the same. Section 3. The Comptroller, Corporation Counsel, and City Clerk are hereby authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Agreement. PASSED. AYES- 12 NOES- 0. No. 135 BY MR. COLLINS COMMUNITY WIDE URBAN RENEWAL HOMESTEAD PROGRAM APPROVAL OF AMENDMENT TO LAND DISPOSITION AGREEMENT MASTEN NEW HOUSING PROJECT PHASE II B BBZ DEVELOPMENT COMPANY WHEREAS, BBZ Development Company and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS, The Agency and the Redeveloper have negotiated an amendment to the Laid Disposition Agreement which will include 128-138, 186-192 and 177-179 Chester Street to Schedule A of said contract. WHEREAS, the above property shall be used for the construction of five additional dwelling units included in said LDA; and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 26th day of June 1992. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 7th day of July 1992. ADOPTED. No. 136 BY MR. COLLINS BAN OF SALE OF HIGH PRESSURE WATER GUNS IN THE CITY OF BUFFALO WHEREAS: High pressure water guns have become the fad of the summer of 1992; and WHEREAS: While intended to be a toy for children, these pump action squirt guns have become a favorite of many teenagers and adults; and WHEREAS: Many of these teenagers and adults have been filling these guns with harmful liquids such as bleach, acid and bodily fluids; and WHEREAS: Other uses such as ambushing of automobiles are causing safety problems at many intersections in our city; and WHEREAS: There have been reported incidents of threats of retribution and of physical violence against users of these water guns by individuals who are the "victims" of an "attack"; and WHEREAS: It is apparent that this toy has become a danger to the citizens of Buffalo; NOW, THEREFORE BE IT RESOLVED: That this Council directs the Corporation Counsel to draft an ordinance that will ban the sale and use of these high pressure water guns within the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 137 BY: MR. COPPOLA APPOINT NEW DELAWARE DISTRICT REPRESENTATIVE TO CABLE TELEVISION POLICY BOARD WHEREAS: Anne M. Costello, who has served with distinction for the past two years as the Delaware District representative to the Buffalo Cable Television Policy Board, has resigned due to other commitments; and WHEREAS: In her place, I am appointing Henry D. Gartner, an attorney who resides at 70 Woodward Avenue, Buffalo, New York 14214. NOW THEREFORE BE IT RESOLVED THAT Henry D. Gartner be appointed as the new Delaware District representative to the Public Access Policy Board. ADOPTED. No. 138 BY: MR. COPPOLA APPROVE PROCUREMENT OF FUNDING FOR EDWARD M. COTTER SALARIES WHEREAS: The Western New York delegation to the New York State legislature has gone on record in procuring $200,000 for the purpose of keeping the Edward M. Cotter fireboat in operation as a top priority; and WHEREAS: This was included in a lump sum appropriation for legislative budget initiatives in the final version of the budget that was enacted by the legislature and approved by the governor; and WHEREAS: The City of Buffalo needs ice breaking and water-side fire protection to insure minimum fire loss for the businesses and homes located on the waterfront and to minimize flood loss due to ice buildup; and NOW THEREFORE BE IT RESOLVED THAT This Common Council supports the procurement of $200,000 for the Edward M. Cotter fireboat, and assures the Western New York delegation of the New York State legislature that said $200,000 be designated specifically and only for salaries of members of Local 282 formerly assigned to the fireboat Cotter; and BE IT FURTHER RESOLVED THAT If the Common Council is unsuccessful in using these monies as the New York State legislature has procured as funding for salaries for members of Local 282 assigned to the fireboat Cotter, these funds be immediately returned to the state. ADOPTED. No. 139 BY: MR. COPPOLA REQUEST TRAFFIC LIGHT AT NEW ZOO GATE ON PARKSIDE AVENUE WHEREAS: The Buffalo Zoo recently opened its new entrance on Parkside Avenue near Russell Street; and WHEREAS: Since the opening of the new gate, traffic has dramatically increased, making pedestrian crossing much more difficult on Parkside Avenue; and WHEREAS: For many years, a pedestrian-controlled traffic light existed at the intersection of Russell Street and Parkside Avenue and was used by zoo patrons. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the Department of Public Works Division of Traffic Engineering undertake a feasibility study in anticipation of placement of a traffic light at the Russell/Parkside intersection to insure pedestrian safety. ADOPTED. No. 140 BY: MR. COPPOLA DESIGNATE RICHMOND AS AN OFFICIAL BIKE ROUTE WHEREAS: The City of Buffalo has designated several streets as bike routes; and WHEREAS: The residents on Richmond Avenue have requested that their street be included in this special designation; and WHEREAS: Richmond Avenue is an ideal location for a bike route because of the wide, boulevard-like appearance with access to the Peace Bridge and Canada, downtown Buffalo, and all sections of the city. NOW THEREFORE BE IT RESOLVED THAT This Common Council supports the residents of Richmond Avenue in their quest to have Richmond Avenue designated as an official bike route in the City of Buffalo. ADOPTED. No. 141 BY. MR. COPPOLA SUBURU BUFFALO 4 MILE CHASE WHEREAS: The organizers of the Suburu Buffalo 4 Mile Chase have requested permission to conduct this annual race on July 18, 1992; and WHEREAS: To avoid the problems of previous years caused by unauthorized vendors setting up and selling inappropriate wares and/or competing with neighborhood businesses that have sponsored this race, the organizers would like a designated area bounded by Forest to St. James and Richmond to Delaware in which only those vendors with prior approval of the race committee would be allowed. NOW THEREFORE BE IT RESOLVED THAT The organizers of the Suburu Buffalo 4 Mile Chase be granted permission to conduct the annual race with the area bounded by Forest to St. James and Richmond to Delaware designated for activities after the race with only those vendors allowed with prior approval of the race committee. ADOPTED. No. 142 BY: MR. COPPOLA REQUEST DEPUTY PARKS COMMISSIONER EXPLAIN USE OF SEVIN IN DELAWARE DISTRICT WHEREAS: In response to a written request not to spray Sevin to control the elm leaf beetle, Deputy Parks Commissioner Stan Buczkowski stated in writing that "The Parks Dept. will not spray in the Delaware Dist."; and WHEREAS: The Parks Department was asked not to spray, and an alternative method, which has been used with great success in other localities, was applied on Saturday, June 13, by residents and volunteers on Lincoln Parkway; and WHEREAS: Early on the morning of June 17, the Parks Department commenced spraying the trees on Lincoln Parkway with a pesticide which is also a known carcinogen, Sevin; and WHEREAS: To be effective, this pesticide must be applied in a timely manner and not be rained upon; however, less than twenty-four hours after application, it rained; and WHEREAS: Furthermore, the Deputy Parks Commissioner assured the Pest Management Board that prior notice be posted twenty-four hours before the spraying of any pesticide takes place, and this notice was not given to the residents of Lincoln Parkway or any of the surrounding streets. NOW THEREFORE BE IT RESOLVED THAT Even though Deputy Parks Commissioner Stan A. Buczkowski sent a written assurance that trees in the Delaware District would not be sprayed, on Wednesday, June 17, the trees on Lincoln Parkway were sprayed with a known carcinogen, Sevin; therefore Mr. Buczkowski is requested to appear before the next full Common Council to explain the following: 1. Why was Sevin applied to the trees on Lincoln Parkway after the Delaware District office was informed in writing that the trees would not be sprayed? 2. In this time of limited manpower and funding, why were these valuable man-hours wasted to spray the trees on Lincoln Parkway when they could have been used elsewhere? 3. Why was this spray used even though rain was expected within forty-eight hours of application and would negate any benefits from the spraying? 4. Why were the taxpayers ignored with this public-be-damned attitude by the ill-conceived spraying when concerned citizens had already applied an alternative method, which has been successful in other localities, to the trees on Lincoln Parkway? 5. Some Delaware District residents are considering a class action suite against the Deputy Parks Commissioner and are suggesting his removal from his position. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PARKS PEST MANAGEMENT BOARD AND ENVIRONMENTAL MANAGEMENT COMMISSION. No. 143 BY: MR. COPPOLA EXTEND HOURS OF CHANGEOVER TIME FOR ALTERNATE PARKING WHEREAS: Many neighborhoods in the City of Buffalo do not have adequate off-street parking, thus it is necessary for residents to park their vehicles on the public street; and WHEREAS: Many of these streets are narrow and are posted with Alternate I parking regulations, which allow parking on one side from 4:00 pm Sunday until 4:00 pm Wednesday, when the vehicles must be changed to the opposite side of the street; and WHEREAS: This means that if a resident leaves a car parked at the curb on Wednesday, that resident must be home to move that car by 4:00 pm or will receive a ticket for not obeying the alternate parking regulations; and WHEREAS: Many residents, who do not have off-street parking, utilize public transportation when traveling to their places of employment or car pool and are not home in time to move their vehicles to the legal side of the street, and therefore are constant recipients of parking tickets. NOW THEREFORE BE IT RESOLVED THAT This Common Council requests that the changeover time for Alternate I be changed to a more equitable time such as 9:00 pm. ADOPTED. No. 144 BY: MR. COPPOLA REQUEST REMOVAL OF PARKING METERS IN DELAWARE DISTRICT BUSINESS DISTRICTS WHEREAS: During recent budget negotiations, it was discovered that not all business districts in the City of Buffalo are treated equally, i.e. not all business districts have parking meters; and WHEREAS: The business districts that do have parking meters will suffer a negative impact with the pending increase to fifty cents per hour; and WHEREAS: This increase will be detrimental to small businesses as patrons will drive to Kenmore where meters cost ten cents per hour, or to area shopping malls where parking is free. NOW THEREFORE BE IT RESOLVED THAT To assure fairness throughout the City of Buffalo, this Common Council requests that the parking meters located in the business districts in the Delaware District be eliminated and replaced with two-hour parking. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 145 MESSRS.COPPOLA AND FRANCZYK EXPAND RECYCLING PROGRAM WHEREAS: The City of Buffalo has been conducting a successful volunteer recycling program for the past year which has saved city taxpayers over $200,000 in landfill costs; and WHEREAS: By September 1, New York State law will require that all municipalities adopt laws mandating recycling by residents and businesses; and WHEREAS: In response to New York State law, and to achieve the maximum in benefits for the city, the present program should be expanded to include apartment buildings and businesses, and should become mandatory as soon as possible with proper education emphasized; and WHEREAS: To insure compliance with NYS law, the city should adopt a system of penalties for those who fail to separate recyclable (i.e., a first time offender receives warning, repeat offenses would receive a summons to appear before a hearing officer or a fine imposed similar to parking violators). NOW THEREFORE BE IT RESOLVED THAT This Common Council supports the expansion of the present recycling program to include apartment buildings and businesses, with the program becoming mandatory including a system of penalties for those who fail to separate recyclable, and an emphasis on proper education; and BE IT FURTHER RESOLVED THAT This resolution be referred to Corporation Counsel for a response by the next full Council meeting. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF STREET SANITATION. No. 146 BY: MR. FAHEY 911 RESPONSE TIME WHEREAS, Erie County has spent millions of dollars to establish an emergency 911 system throughout the County; and WHEREAS, This state-of-the-art emergency response system was designed to handle all types of emergency calls from police and fire to ambulance and first aid calls; and WHEREAS, According to Erie County Central Police Services, Buffalo residents who call 911 face a growing possibility of getting a recorded message instead of immediate emergency assistance; and WHEREAS, This delay in assistance is related to the number of calls combined with staff shortages; and WHEREAS, Even a one minute delay in receiving emergency assistance could result in death or needless injury and anxiety; and WHEREAS, The answering center that handles Buffalo calls currently has openings for three full-time and two part-time jobs; and WHEREAS, The volume of calls increase during the summer months and approximately 70,000 calls per month are expected; and WHEREAS, Public safety must be the first priority of local governments. NOW, THEREFORE BE IT RESOLVED: That this Common Council requests that the Commissioner of Erie County Central Police Services file a report to explain the decision not to fill budgeted positions at the City's emergency response center and thereby putting City residents in jeopardy. ADOPTED. No. 147 BY: MR. FAHEY HOME RULE MESSAGE S8666/ A11997 AMEND PUBLIC AUTHORITIES LAW TRANSFER OF WATER SYSTEM TO BUFFALO WATER BOARD WHEREAS: There has been introduced in the State Legislature Senate Bill 8666 and Assembly Bill 11997, " An Act to amend the public authorities law, in relation to the use of moneys received by the city of Buffalo In consideration for transfer of the water system of the city to the Buffalo water board"; and WHEREAS: This bill is a technical amendment to Section 1048-h of the Public Authorities Law and allows the city of Buffalo to deposit revenues received by the transfer of the water system to the Buffalo Water Board into the general fund of the city and use the funds for any lawful city purpose; and WHEREAS: The transfer of the funds would allow the city of Buffalo to reduce its operating deficit and avoid drastic layoffs and the reduction of essential services; NOW, THEREFORE, BE IT RESOLVED: That the city of Buffalo hereby requests the enactment into law of Senate Bill S8666 and Assembly Bill A11997, "An Act to amend the Public Authorities Law, in relation to the use of moneys received by the city of Buffalo in consideration for the transfer of the water system of the city to the Buffalo Water Board; and BE IT FURTHER RESOLVED: That the City Clerk is hereby authorized and directed to certify passage of this resolution to the State Legislature and to forward copies thereof to the Home Rule Counsel of the Senate and the Assembly and to the members of the Western New York Delegation to the State Legislature. ADOPTED. AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 9. NOES- COLLINS, COPPOLA, PITTS- 3. No. 148 BY: MR. FAHEY ADDITIONAL APPOINTMENTS TO THE LEAD ACTION TASK FORCE WHEREAS: The Joint City-County Lead Action Task Force has been making steady progress in formulating plans to aid local governments in combatting lead poisoning; and WHEREAS: The Task Force has requested that the Common Council appoint several individuals who have been making solid contributions through work on Task Force committees; NOW, THEREFORE BE IT RESOLVED THAT: This Common Council hereby appoints the following individuals to the Joint City-County Lead Action Task Force: Bernard Brown Melva Fisher 1097 Elmwood Avenue 140 Campus Drive Buffalo, NY 14222 Amherst, NY 14226 Beverly Gray 41 Sheffield Buffalo, NY 14209 Buffalo, NY 14220 William McGuire Andrew J. McClellan 401 Parkside 184 Cleveland Avenue Buffalo, NY 14216 Buffalo, NY 14222 Dr. Joseph A. Syracuse Cynthia Worth 76 Barnard Street 150 Parkledge Tonawanda, NY 14150 Amherst, NY 14226 BE IT FURTHER RESOLVED THAT: The City Clerk be directed to send certified copies of this resolution to the above listed individuals and to the offices of Assemblyman Arthur O. Eve and County Legislators Joan K. Bozer and Roger I. Blackwell. ADOPTED. No. 149 BY: MR. FAHEY ESTABLISHING A SEQRA PROCESS FOR CAPITAL BUDGET PROJECTS WHEREAS: Bond Counsel has notified the Comptroller that for capital budget projects, a SEQRA review of the project must be done before bonds can be sold to finance the project; and WHEREAS: No procedure is currently in place to ensure the SEQRA review of each capital budget project; and WHEREAS: The Buffalo Environmental Management Commission has expressed a willingness to help in the review of SEQRA matters and is empowered to do so under its enabling legislation; and NOW, THEREFORE BE IT RESOLVED THAT: This Common Council hereby establishes the following procedure to be used for 1992-93 capital budget projects: 1. After the capital budget is adopted, Councilmembers will file resolutions asking appropriate executive departments to prepare draft environmental assessment forms (EAFs) for the projects the Councilmembers have sponsored; 2. The resolution for each project will include, or will reference, a basic description of the project. This description will include the data necessary for the preparation of a draft EAF, including project applicant, location, description, acreage of land affected, zoning, necessary permits, and funding sources; 3. The Department will have 10 days from passage of the resolution to request further information on the project from the Council sponsor of the project. The department will have 30 days from passage of the resolution or from the Council sponsor's response to a request for more information, whichever is later, to submit the draft EAF to the Environmental Management Commission or to ask the Common Council for an extension of time; 4. If, after the above delineated 30 days, the Council is dissatisfied with the progress of the Department, the Council can request the Environmental Management Commission to prepare a draft EAF on the project for the Council; 5. Within 20 days of the receipt of the draft EAF, the Environmental Management Commission will make a judgement as to the completeness of the assessment, will write up its own recommendations regarding environmental impacts of the project, if appropriate, and will file these along with the EAF with the Council. If the EMC judges the assessment to be incomplete, it will immediately notify the Council and the department. The Council sponsor of the project will determine whether to accept the EAF, to ask to department to supplement it, or to ask the EMC to complete the EAF; 6. The Council will make the ultimate decision and will adopt a negative or positive declaration on each project. BE IT FURTHER RESOLVED THAT: Copies of this resolution be sent to the Mayor and all City Departments including the Board of Education and the Comptroller's Office. ADOPTED. AYES- BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 8. NOES- AMOS, COLLINS, COPPOLA, PITTS- 4. No. 150 BY: MR. FAHEY GRANT FUND - ASSET FORFEITURE GRANT PROJECT 490223 - CARTOGRAPHY BUREAU WHEREAS, that the following budgetary transactions have been authorized by the County of Erie to provide funding for investigative, surveillance and prosecutorial purposes to benefit the Central Police Services, Department of Health, Probation Department, District Attorney's Office, Erie County Medical Center and the Buffalo Police Department. Grant Fund District Attorney - Asset Forfeiture Grant - Project 490223 Appropriation Out of Area Travel $ 800 Contractual Agencies - ECMC 37,000 Contractual Agencies - BPD 17,000 Repairs and Maintenance 1,100 Furniture, Fixtures and Office Equipment 20,800 Laboratory and Technical Equipment 41,260 Central Police Services 14,000 Probation 14,000 Health Department 600 Total Appropriation $146,560 and NOW, THEREFORE, BE IT RESOLVED, that the Mayor is hereby authorized to enter into contract with the County of Erie in order to provide funding in the amount of $17,000 from the Assets Forfeiture Fund for the Buffalo Police Department, and BE IT FINALLY RESOLVED, that certified copies of this resolution be forwarded to the Central Police Services, Department of Health, Probation Department, District Attorney's Office, Erie County medical Center, the Buffalo Police Department and the Division of Budget and Management. ADOPTED. No. 151 BY: MR. FAHEY CHARTER AMENDMENT - CITIZEN COMPLAINT AND COMMENDATION PROCESS - BUFFALO POLICE DEPARTMENT WHEREAS: The International Association of Chiefs of Police, in its report to the City of Buffalo "Policing Buffalo in the Nineties," made several recommendations regarding the citizen complaint process and the Internal Affairs function in the City's Police Department; and WHEREAS: The Common Council's Police Reorganization Commission reviewed the IACP report and endorsed recommendations made in the report regarding the complaint process and Internal Affairs; and WHEREAS: The Council of Churches, in conjunction with several other community associations, conducted a study of the IACP report and procedures currently in use in other cities and formulated "A Proposal to Improve and Rationalize the Citizen Complaint and Commendation Process of the Buffalo Police Department"; and WHEREAS: This proposal makes six (6) basic recommendations: 1. Publish a brochure precisely explaining the Internal Affairs Process (recommended by IACP and endorsed by Police Reorganization Commission); 2. Develop a standard Complaint Control Form (recommended by IACP and endorsed by Police Reorganization Commission); 3. Establish a more comprehensive management information system which would record each complaint, date of complaint, action taken, referrals, investigations, disposition, discipline, and response to complainant including date of response (recommended by IACP and endorsed by Police Reorganization Commission); 4. Develop an annual report, available to the public, which summarizes work of Internal Affairs (recommended by IACP and endorsed by Police Reorganization Commission); 5. Establish alternative sites where citizens may file complaints; 6. Establish a conciliation process for certain complaints; and WHEREAS: The Council of Churches, and the other participating groups, believe that "an integral part of the community's perception of police is the effectiveness of the public redress when they have complaints against the department and or individual officers" and that implementation of their recommendations will improve public confidence in the police department; and WHEREAS: The Charter of the City of Buffalo should be amended to include a section defining a citizen complaint process as outlined above; NOW, THEREFORE, BE IT RESOLVED: That the Common Council endorse "A Proposal to Improve the Citizen Complaint and Commendation Process of the Buffalo Police Department," the proposal submitted by the Council of Churches and others; and BE IT FURTHER RESOLVED: That this Honorable Body request the Corporation Counsel to draft a new section or an amendment to the appropriate section of Article 12, Department of Police, of the Charter of the City of Buffalo to define a citizen complaint process as outlined in the proposal submitted by the Council of Churches. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE AND THE CORPORATION COUNSEL.. No. 152 BY: MR. FAHEY HOME RULE MESSAGE - S8213-A/ A11586-A AMEND RETIREMENT AND SOCIAL SECURITY LAW FOR POLICE AND FIRE RETIREES WHEREAS: There has been introduced in the State Legislature Senate Bill 8213-A and Assembly Bill 11586-A; and WHEREAS: Said Bill is an Act to amend the Retirement and Social Security Law, In relation to including compensation for working vacations in the computation of final average salary for certain police and fire retirees; and WHEREAS: Specifically, this bill amends Section 302, subdivision 9 (e)(1) of the Retirement and Social Security Law to allow the inclusion and the final average salary of eligible employees of the city of Buffalo of vacation pay earned in lieu of vacation who retired from the City before December 26, 1988 and who file with the Comptroller on or before December 31, 1993; and WHEREAS: 1988 Legislation (Chapter 754) allowed for the inclusion of vacation credit and many firefighters and police officers elected to retire in reliance on the promise that vacation credit would be included. However, the Comptroller disallowed including working vacation time in calculating pension credit and further concluded that retirees who received the credit should have their pensions reduced and should refund excess payments received to the retirement system; and WHEREAS: This bill allows the city of Buffalo to permit those affected retirees to receive credit for working vacations. The estimate of the cost to the City is approximately $8 million, to be paid over a five year period; and WHEREAS: This is an amended version of the bill originally submitted. It changes the content of the fiscal note in the originally submitted bill and reflects a reduction in the anticipated cost to the city by $6 million (from $14 million to $8 million). The cost to the city of Buffalo will be $1.35 million for the first year; NOW, THEREFORE, BE IT RESOLVED: That the city of Buffalo hereby requests the enactment into law of Senate Bill 8213-A and Assembly Bill 11586-A, "An Act to Amend the retirement and social security law, in relation to including compensation for working vacations in the computation of final average salary for certain police and fire retirees"; and BE IT FURTHER RESOLVED: That the City Clerk is hereby authorized and directed to certify passage of this resolution to the State Legislature and to forward copies thereof to the Home Rule Counsel of the Senate and the Assembly and to the members of the Western New York Delegation to the State Legislature. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS- 11. NOES- ZUCHLEWSKI- 1. No. 153 BY: MR. FAHEY HOME RULE MESSAGE A12001-B AN ACT TO AMEND THE LOCAL FINANCE LAW SALE OF MUNICIPAL OBLIGATIONS BY CERTAIN CITIES AND COUNTIES WHEREAS: There has been introduced in the New York state Legislature Assembly Bill 12001-B, "An Act to amend the local finance law, in relation to the sale of municipal obligations by certain cities and counties"; and WHEREAS: This purpose of this bill is to extend for one year a funding mechanism used by the cities of New York, Buffalo, Niagara Falls, Lackawanna, and Yonkers, and the County of Erie, for projects requiring immediate attention; and WHEREAS: The bill also stipulates that the State Comptroller shall promulgate rules in conformance with the state administrative procedure act governing the sale on a negotiated basis of such bonds and notes; and WHEREAS: This Act amends Section 54.30 of the Local Finance Law to extend the provisions of this section from June 30, 1992 to June 30, 1993; NOW, THEREFORE, BE IT RESOLVED: That the city of Buffalo hereby requests the enactment into law of Assembly Bill 12001-B, "An act to amend the local finance law, in relation to the sale of municipal obligations by certain cities and counties"; and BE IT FURTHER RESOLVED: That the City Clerk is hereby authorized and directed to certify the passage of this resolution and to send copies thereof to the Home Rule Counsel of the Assembly and to the members of the Western New York Delegation of the State Legislature. ADOPTED. No. 154 BY: MESSRS. FAHEY AND COPPOLA PERMISSION FOR CORPORATE CHALLENGE TO ERECT TENTS IN DELAWARE PARK WHEREAS: The Buffalo Parks Department has granted the Greater Buffalo Track Club permission to hold the 12th annual Corporate Challenge Race In Delaware Park on Thursday, July 9, 1992; and WHEREAS: The Buffalo Corporate Challenge has been an outstanding event, drawing thousands of runners and spectators and hundreds of corporations to Delaware Park; and WHEREAS: Race organizers have complied with all requirements, including obtaining adequate insurance, providing for security, race supervision and clean-up, and arranging for off-site parking; and WHEREAS: Chapter 309 Section 36 of the City Ordinances grants the Common Council the authority to allow tents to be erected in City of Buffalo parks; NOW, THEREFORE BE IT RESOLVED: That this Common Council hereby grant permission to the Greater Buffalo Track Club to allow tents to be set up for the Corporate Challenge Race on July 9, 1992 in Delaware Park; and BE IT FURTHER RESOLVED: That the tents be restricted to the section of the park bounded by the Scajaquada Expressway, the Ring Road, Jewett Ave. and Parkside Ave., and that the tents not be erected before 9:00 AM and removed from the park by 10:00 PM; and BE IT FURTHER RESOLVED: That the City Clerk be directed to issue a permit in conformance with this resolution. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PARKS. No. 155 BY MR. FRANCZYK REDUCE PARKING SPACE REQUIREMENTS OF SENIOR CITIZEN APARTMENT PROJECT AT 104 LEWIS ST. Whereas: Under 511-96(D)(2) of the ordinances of the City of Buffalo, the Common Council may allow the reduction of required parking spaces at a senior citizen project to not less than 40% of the amount otherwise required by the ordinances; and, Whereas: The Polish Community Center of Buffalo, Inc., is planning to develop such a project at 104 Lewis St. and has requested such a reduction. Now Therefore Be It Resolved: That this Common Council hereby allows the senior citizen project proposed for 104 Lewis St. to reduce the number of parking spaces required by 40% as specified in 511-96(D) (2) of the ordinances. PASSED. AYES- 12 NOES- 0. No. 156 BY MR. FRANCZYK ALLOW NEIGHBORHOOD INFORMATION CENTER TO RETAIN UNSPENT 1991-1992 GRANT-IN-AID FUNDS Whereas: The Neighborhood Information Center of 1081 Broadway will accumulate a balance of $1,162 of unspent, but budgeted, 1991-1992 Grant-In-Aid funds due to an unforseen personnel vacancy earlier this year; and, Whereas: The agency has since filled the position and wishes to spend the balance down after the end of June 1992 when the agency's contract specifies that all unspent funds be returned to the city and, Whereas: Paragraph Five of the Grant-in-Aid contract allows for the Common Council to authorize the retention of such funds. Now Therefore Be It Resolved: That this Common Council hereby authorizes the Neighborhood Information Center to retain the unspent balance of its 1991-1992 Grant-In-Aid according to the provisions of Paragraph Five of the contract. PASSED. AYES- 12 NOES- 0. No. 157 BY: MR. FRANCZYK RADIO ACCESS FOR LOCAL MUSICIANS WHEREAS: Buffalo has always been home to a thriving music scene and has contributed several luminaries to popular music including Spyro Gyra, Rick James, Grover Washington, Jr., Billy Sheehan and, most recently Joe Public; and WHEREAS: In addition, many local musicians have successfully moved to the national level as session musicians and sidemen including among others, Gary Mallaber, Tom Rizzo, Stan Szelest, Jimmy Calire and Brad Felton; and WHEREAS: Very little of the success of local musicians can be attributed to airplay from local radio and in fact it would seem that musicians must first move away from our city before getting airplay locally; and WHEREAS: This state of affairs is regrettable as local musicians, if given half a chance in their own town, could have a far greater impact on music nationally and would reflect positively on the cultural reputation of our city; and WHEREAS: This state of affairs is also regrettable because few local radio listeners are as brain dead as the state of local radio would indicate, and most would appreciate play lists that include at least a few surprises and a healthy dose of local talent; and WHEREAS: While the Canadian model of requiring a quota of local music on the airwaves may be too restrictive for Buffalo's radio problems, something should be done to promote the playing of locally produced music on local radio; NOW, THEREFORE BE IT RESOLVED THAT: This Common Council will to hold a public hearing in July on the state of local musician's access to radio airplay and will invite local radio stations to explain their policy on this issue; and BE IT FURTHER RESOLVED THAT: This Council intends to appoint an advisory committee made up of local musicians and listeners to grade radio stations on their commitment to local music and to make recommendations to the Common Council on annual Council awards to local stations which take positive steps to promote local music. ADOPTED. No. 158 BY: MR. FRANCZYK DEMOLITION OF 855 FILLMORE AVENUE WHEREAS: The house located at 855 Fillmore Avenue is vacant and in dilapidated condition; and WHEREAS: The police have found evidence of illegal entry onto the premises by vagrants and neighborhood youths; and WHEREAS: The owner of record of 855 Fillmore, Casimera Kwiatkowski, has been deceased for ten years, and the heirs of Casimera Kwiatkowski have made no attempt to maintain the property or secure it against vandalism; and WHEREAS: The property is an eyesore and threat to the safety of the community; THEREFORE BE IT RESOLVED: That this Common Council request the Department of Housing and Property Inspections to proceed with demolition of this property and assess the costs of said demolition to the legal heirs of Casimera Kwiatkowski ADOPTED. No. 159 BY: MR. HIGGINS DEED BENNETT BEACH BACK TO THE COUNTY OF ERIE WHEREAS: Bennett Beach Park, a city-owned recreational facility located on the south shore of Lake Erie, is a 51-acre park that includes what is considered one of the area's best beaches; and WHEREAS: From 1983 to 1989 the city leased Bennett Beach to the County of Erie to operate as a public park for all residents of the County; and WHEREAS: In 1989 the City Parks Department notified the County that they wished to resume operation of Bennett Beach, to which the County concurred and relinquished control of the property; and WHEREAS: Since taking back the title to Bennett Beach, the City Parks Department has not opened the beach for the 1989, 1990 and at the present time for the 1992 summer seasons; and WHEREAS: When the County of Erie agreed to maintain the park, it opened each season as scheduled and the County proved capable of maintaining and operating the beach in accordance with the standards desired by the City of Buffalo; and WHEREAS: It is a waste of a precious public asset not to fully utilize Bennett Beach for the purpose for which it was deeded to the city by the descendants of Joseph Bennett; and WHEREAS: With limited waterfront public access opportunities in this area, it is also crucial that Bennett Beach remain a public recreational facility in the future and not be developed for commercial, industrial or residential use; and NOW, THEREFORE BE IT RESOLVED THAT: The Common Council directs the Law Department to prepare all necessary legal documents to effect a transfer of title to Bennett Beach to the County of Erie for exclusive use as a public Beach; and BE IT FURTHER RESOLVED THAT: If the County of Erie shall cease to operate and maintain said premises as a public beach, all rights, title and interest to the premises, including improvements, shall revert back to the City of Buffalo. Mr. Perla moved to refer the above item to the Committee on Finance; seconded by Mr. Bell. LOST. AYES- BELL, COLLINS, FRANCZYK, PERLA, PITTS- 5. NOES- AMOS, BAKOS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 7. Mr. Fahey now moved to approve the item; seconded by Mr. Higgins. ADOPTED. AYES- AMOS, BAKOS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 7. NOES- BELL, COLLINS, FRANCZYK, PERLA, PITTS- 5. No. 160 BY: MR. HIGGINS SOUTH BUFFALO COMMUNITY ASSOCIATION REQUEST TO RETAIN UNSPENT GRANT-IN-AID FUNDS WHEREAS: The South Buffalo Community Association continues its long-standing tradition of providing human service programs and offering assistance to those in need; and WHEREAS: There is an existing surplus of $3,700. from the 91-92 fiscal year for the South Buffalo Community Association; and WHEREAS: Item 15 of the grant-in-aid contract between South Buffalo Community Association and the City allows for grantees to retain any grant-in-aid funds not spent, subject to Common Council approval, if returning the money would prove to be a hardship to the organization; and WHEREAS: The South Buffalo Community Association has appealed to me to ask for Common Council approval so the Association can retain the $3,700. Council has granted this authorization to the South Buffalo Community Association the last two years; this year it is even more critical, given the 75% reduction in grant-in-aid funds for the upcoming year. NOW THEREFORE BE IT RESOLVED: That this Common Council finds it would be a hardship for the South Buffalo Community Association to return the group's 1991-92 grant-in-aid surplus of $3,700; BE IT FURTHER RESOLVED: That this Common Council approves allowing the South Buffalo Community Association to retain the group's 1991-92 grant-in-aid surplus for use in the coming fiscal year as per item 15 in the 1991-92 grant contract, subject to the terms of the contract. PASSED. AYES- 12 NOES- 0. No. 161 BY: MRS. LoTEMPIO ESTABLISH COMMITTEE TO INVESTIGATE CONSOLIDATION OF DEPARTMENTS OF STREET SANITATION, PUBLIC WORKS, AND PARKS AND CREATION OF DEPARTMENT-WIDE LABOR POOL WHEREAS: The city's financial problems have forced the Mayor and Administration officials, the Comptroller, and Common Councilmembers to take bold and drastic steps to develop a workable budget for the operation of the City of Buffalo for fiscal year 1992-93; and WHEREAS: Several suggestions were proposed during the budget process which may prove to be more efficient and/or more financially feasible to the city on a long term basis, but were not pursued because there was not sufficient time to analyze or project their benefits; and WHEREAS: One such suggestion coming from budget deliberations was the possible consolidation of departments such as Street Sanitation, Public Works, and Parks; and WHEREAS: The consolidation of departments may decrease administrative costs, allow for merging of similar functions such as grass cutting, and/or reduce the number of vehicles and other equipment necessary to operate the larger department; and WHEREAS: Another concept proposed in budget discussions was the creation of a labor pool by grouping city workers with the Civil Service positions of Laborer, Laborer I, Laborer II, and Laborer II (DLY) from each of the city departments from which personnel would be deployed to each department on a needs basis, thereby making more efficient use of workers; and WHEREAS: During exceptionally busy times, a department may be able to operate temporarily with more manpower than it usually has available by drawing from the labor pool to bolster its work force and consequently eliminate or reduce overtime costs; and WHEREAS: One labor pool option would simply group all Laborer positions together with assignments to departments coming from that pool of workers; another option would determine a base number of Laborers assigned to individual departments with the remaining workers assigned to the labor pool for deployment to the department which requires them most; and WHEREAS: A committee should be established to investigate possible consolidation, methods for creating a labor pool, and to analyze and project the financial or efficiency benefits derived therefrom; NOW, THEREFORE, BE IT RESOLVED: That the Common Council establish a committee comprised of representatives of the Department of Street Sanitation, the Department of Public Works, the Parks Department, A.F.S.C.M.E. Local 264, the Department of Administration and Finance, the Comptroller, the Corporation Counsel, and the Common Council to investigate consolidation of Street Sanitation, Public Works and Parks and the creation of a city labor pool. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 11. NOES- PITTS- 1. No. 162 BY: MRS. LOTEMPIO EXPLORE "ADOPTION" OF GRANT IN AID RECIPIENTS, NEIGHBORHOOD PARKS, POLICE OFFICERS, FIREMEN, ETC. BY LOCAL BUSINESSES WHEREAS: Recent attention has been given to the 100 Buffalo properties that receive tax breaks and a number of other incentives; and WHEREAS: A report compiled by the city comptroller's office stated that if the 100 companies with tax and other incentives paid full taxes it would mean about $9.4 million annually to the city treasury compared to the $2.4 million that they paid in 1991; and WHEREAS: There is no question that most of these companies are helping Buffalo's faltering economy, bringing jobs and related activities to the city; and WHEREAS: Many agree that many of these projects would not be economically viable and would not exist at all if not for property and other tax breaks; and WHEREAS: With Buffalo facing its worst financial crisis in decades, the city was forced to cut the Grants in Aid by 75%, cut back in the police, fire, parks, and a number of other departments, and reduce other services for the 1992-93 budget year; WHEREAS: The city should now explore the possibility that those companies receiving tax breaks or other businesses who may be interested in the adoption concept of a neighborhood park or facility in their business area, a Grant in Aid agency, police officer, firemen and any other service effected by the present fiscal crisis, be given the opportunity to contribute monetarily to the program. NOW, THEREFORE BE IT RESOLVED THAT: The Common Council directs the Commissioner of Community Development to file with the Common Council a list of all the companies located within the City of Buffalo receiving tax breaks, any financial assistance, or any other incentives to operate in the city; BE IT FINALLY RESOLVED THAT: The Corporation Counsel is also directed to report to this Honorable Body as to any tax incentives there would be for those companies who may choose to get involved in the "adoption" concept. ADOPTED. No. 163 BY: MR. PERLA AUTHORIZE ACCEPTANCE OF GRANTS FOR ALLENDALE THEATRE RENOVATION Whereas, the provisions of the Environmental Quality Bond Act of 1986 and implementing provisions set forth in Title Nine of Article 52 of the Environmental Conservation Law makes funds available to PARKS for the preservation and protection of historic properties through, and in conjunction with, local government and not-for-profit corporations; and Whereas, PARKS has awarded two matching grants totalling $570,000 to the City for the renovation of the Allendale Theatre located at 203 Allen Street; and Whereas, the Margaret L. Wendt Foundation has awarded the Theatre of Youth a $100,000 grant for the purpose of renovating the Allendale Theatre, which will be used to match a portion of the EQBA grant; and Whereas, the City of Buffalo desires to cooperate with PARKS and will make available $500,000 in matching funds from City Capital Budget Account No. 200-717-041; and Whereas, the EQBA grant funds will come to the City on a reimbursement basis. Now, therefore, be it resolved by the Common Council of the City of Buffalo that: The Mayor be, and hereby is, authorized on behalf of the City of Buffalo to accept the EQBA and Margaret L. Wendt Foundation grants; The Mayor is authorized to enter into all necessary agreements and contracts to assure the prompt and expeditious implementation of said project; The Mayor is authorized to execute an assignment agreement with TOY for Wendt Foundation funds; The Mayor is further authorized to execute such other actions as may be necessary to effectuate the purpose of the grants, and this resolution; The City Comptroller of the City of Buffalo be directed to establish a Trust and Agency Account, which shall be for the receipt of the EQBA and Wendt Foundation grant funds; and The City Comptroller be directed to arrange an interfund cash loan for the purpose of administering the EQBA grant since said grant will be received on a reimbursement basis. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- COPPOLA- 1. No. 164 BY: MR. PERLA MEMORIALIZE THE STATE OF NEW YORK TO PASS THE BILL REQUIRING LANDLORDS OF MULTIPLE DWELLINGS TO OFFICIALLY RECORD PERSONAL ADDRESSES AND PROPERTY INFORMATION WITH CODE ENFORCEMENT AGENCIES WHEREAS: The City of Buffalo has been plagued by an onslaught of absentee landlords of multiple dwellings who have let their properties fall into serious disrepair; and WHEREAS: Efforts to contact landlords concerning property compliance have been thwarted because no official residence records are kept and landlords routinely list P.O. Boxes or alternate addresses in place of their own residences; and WHEREAS: Government agencies, the courts and concerned tenants are confronted with serious communication problems and are disadvantaged in their attempts to contact landlords to deal with their property compliance; and WHEREAS: Tenants are put at risk due to serious building flaws which may exist and remain unsolved because of failed attempts by government agencies and courts to contact the elusive landlords; and WHEREAS: Legally mandating a record of multiple dwelling property owner s names, personal addresses and description of properties to be supplied to code enforcement agencies would be a major asset in efforts to prevent landlords from circumventing the system. NOW, THEREFORE BE IT RESOLVED THAT: This Common Council memorializes the State of New York to move passage of the bill which legally mandates landlords of multiple dwellings to officially record their names, personal addresses and building descriptions with code enforcement agencies; and BE IT FURTHER RESOLVED THAT: The City Clerk be directed to forward a certified copy of this resolution to the Clerk of the Assembly. ADOPTED. No. 165 BY: MR. PITTS ORDINANCE AMENDMENT SECTION 9 OF CHAPTER: 35 SALARY AND WAGE SCHEDULE "F"- (LOCAL #2651 - BUILDING INSPECTORS) 1992-1993 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 July 1, 1992. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel PASSED. AYES- 12 NOES- 0. SALARY AND WAGE SCHEDULE "F" July 1, 1992 GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 1 27,249 28,449 29,653 30,851 32,057 2 29,006 30,257 31,511 32,761 34,012 3 30,686 32,017 33,351 34,681 36,018 This Schedule "F" shall become effective On July 1,1992. This schedule is applicable to members of Local #2651 of the American Federation of State, County and Municipal Employees. No. 166 BY: MR. PITTS ORDINANCE AMENDMENT SECTION 9 OF CHAPTER 35 SALARY AND WAGE SCHEDULE "G"- (TEAMSTER'S LOCAL NO. 264) 1992-93 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 Salary and Wage Schedule "G", Teamster's Local No. 264, is hereby amended to read as follows: (See attached Schedule "G") and That the attached Schedule "G" shall be effective July 1, 1992. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel PASSED. AYES- 12 NOES- 0. SALARY & WAGE SCHEDULE "G' 1992-93 SCHEDULE G GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 G 1 20,605 21,491 22,380 23,271 24,159 G 2 20,928 21,815 22,704 23,593 24,483 G 3 23,918 25,025 26,134 27,245 28,354 THIS SCHEDULE "G" SHALL BE EFFECTIVE JULY 1,1992. THIS SCHEDULE IS APPLICABLE TO MEMBERS OF INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL #264. No. 167 BY: MR. PITTS ORDINANCE AMENDMENT SECTION 9 OF CHAPTER 35 SALARY AND WAGE SCHEDULE "K"- 1992-93 The Common Council of the City of Buffalo does hereby ordain as follows: That part of Subsection (a) of Section 9 of Chapter 35 of the Ordinances of the City of Buffalo relating to Salary and Wage Schedule "K" is hereby amended to read as follows: 1992 SALARY AND WAGE SCHEDULE "K" SALARY GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 1 5.49 5.76 6.02 6.27 6.53 This schedule is applicable to Members of the School Crossing Guards. This schedule shall be effective July 1, 1992. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel PASSED. AYES- 12 NOES- 0. No. 168 BY: MR. PITTS SALARY ORDINANCE AMENDMENT 1992-93 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 is hereby amended to read as follows: Sec. 1. Basic Salaries. There shall be in the City service the titled offices and positions enumerated under the respective headings and subheadings hereinafter set forth, and the amount or amounts set opposite the respective titles shall be annual compensation for each such office and position, unless otherwise stated. This ordinance shall be effective July 1, 1992. THE SALARY ORDINANCES FOR THIS ITEM ARE IN LANDSCAPE FORM AND CANNOT BE PRINTED. THEY ARE ON FILE IN THE CITY CLERK'S OFFICE, AND IN THE ARCHIVE INDEX. 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 certifies, with respect to any department or City agency of which he is the head, and the undersigned Director of the Budget certifies that the positions created by the foregoing ordinance are each necessary for the proper conduct and administration of the respective department or City agency in which said position is sought to be created and to effectuate the proper performance of essential work of each such department or City agency; and each such head of a department and City agency 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 either fixed and raised, or fixed, as the case may be, at the amounts set forth in said ordinance. OFFICE OF PRESIDENT OF THE COUNCIL By: GEORGE K. ARTHUR, President of the Council CITY CLERK'S OFFICE By: CHARLES L. MICHAUX, III, City Clerk MAYOR AND EXECUTIVE DEPARTMENT By: JAMES D. GRIFFIN, Mayor BOARD OF PARKING By: DONALD G. KELLER, Chairman, Board of Parking DIVISION OF STADIUM, MEMORIAL AUDITORIUM AND PILOT FIELD By: JOHN P. SCANLON Stadium and Memorial Auditorium and Pilot Field ZONING BOARD OF APPEALS By: ALBERT H. JARRETT, JR. Chairman, DEPARTMENT OF AUDIT AND CONTROL By: JOEL A. GIAMBRA, Comptroller MUNICIPAL CIVIL SERVICE COMMISSION By: GEORGE A. VOSSLER, President DEPARTMENT OF ADMINISTRATION AND FINANCE By: RICHARD PLANAVSKY, Commissioner DEPARTMENT OF LAW By: LAURENCE K. RUBIN, Corporation Counsel DEPARTMENT OF ASSESSMENT By: JOSEPH J. TANZELLA, Commissioner DEPARTMENT OF INSPECTIONS AND COMMUNITY REVITALIZATION By: JOSEPH SCHOLLARD, Commissioner DEPARTMENT OF PUBLIC WORKS By: DAVID P. COMERFORD, Commissioner DEPARTMENT OF HUMAN RESOURCES By: DONALD O. ALLEN, Commissioner DEPARTMENT OF PARKS By: STAN BUCZKOWSKI, Acting Commissioner DEPARTMENT OF STREET SANITATION By: BART SUMBRUM, Commissioner DEPARTMENT OF COMMUNITY DEVELOPMENT By: SAMUEL F. IRACI, Jr., Commissioner THOMAS F. KEENAN, Director of the Budget It is hereby certified that personnel requisitions containing statements of the duties of all new positions created by the within ordinance, have been referred to the Municipal Civil Service Commission, and that the titles of all new positions created by the within ordinance, as therein set forth, are the appropriate Civil Service titles for such positions. GEORGE A. VOSSLER, President Municipal Civil Service Commission APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel LAID ON THE TABLE. No. 169 BY MR. PITTS SET PUBLIC HEARING EMSLIE NDP NEW HOUSING PROJECT AMENDMENT TO LAND DISPOSITION AGREEMENT M. J. OGIONY BUILDERS, INC. WHEREAS, M. J. Ogiony Builders, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS, The Agency and the Redeveloper have negotiated an amendment to the Land Disposition Agreement which will delete 206 Bristol, 226 Bristol, 240 Bristol, 16 Pink and 18 Pink From Schedule A of said LDA. The Redeveloper has requested to delete the above lots from the project because of their difficulty in marketing them to prospective buyers. WHEREAS, it is requested to include the vacant city owned property located on Sidway Street between South Park and Mackinaw Street which is 175 x 134 feet in size in said LDA. This property will replace the above property being used for the construction of five dwelling units; and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 26th day of June 1992. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 7th day of July 1992. ADOPTED. No. 170 BY MR. PITTS SET PUBLIC HEARING- FORMER SCHOOL #41 1627 JEFFERSON AVENUE APPROVAL OF LAND DISPOSITION AGREEMENT GAL/VAN DEVELOPERS, INC. WHEREAS, Gal/Van Developers, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by she City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and WHEREAS, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of thirty-three (33) residential unit building; and WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2 (d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public bearing 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 26th day of June 1992. 2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers on the 7th day of July 1992. ADOPTED. No. 171 BY: MR. PITTS ERECT BANNER - RALLY IN THE ALLEY WHEREAS: The "Rally in the Alley" is an annual event to raise funds for a designated charitable organization; and WHEREAS: This year's "Rally," to benefit the Cystic Fibrosis Foundation of Western New York, will be held on Sunday, July 26, 1992, on privately owned property adjacent to the Channel 2 TV station on Delaware Avenue; and WHEREAS: In order to promote the event, the sponsors request permission to erect banners across Delaware Avenue at North and at Elmwood and Forest Avenues; and WHEREAS: Each banner will be on display from Friday, July 10 thru Monday, July 27, 1992; NOW, THEREFORE BE IT RESOLVED: That this Common Council authorizes the "Rally in the Alley" to erect banners across Delaware Avenue at North and at Elmwood and Forest Avenues; and BE IT FURTHER RESOLVED: That permission be subject to conditions set forth by the Commissioner of Public Works. PASSED. AYES- 12 NOES- 0. No. 172 BY: MESSRS. PITTS AND FAHEY SET HEARING PROPOSED LAND DISPOSITION AGREEMENT FOR A PORTION OF OAK STREET REDEVELOPMENT PROJECT NYR-197 - 25 HIGH STREET, 963 & 969 WASHINGTON WHEREAS, Langston Hughes Institute 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 Oak Street Redevelopment Project NYR-197; 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 26th day of June 1992. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 7th day of July 1992. ADOPTED. No. 173 BY: MR. ZUCHLEWSKI AUTHORIZE ACCEPTANCE OF NYS EQBA GRANT, BUFFALO AND ERIE COUNTY HISTORICAL SOCIETY Whereas, the provisions of the Environmental Quality Bond Act of 1986 and implementing provisions set forth in Title Nine of Article 52 of the Environmental Conservation Law makes funds available to PARKS for the preservation and protection of historic properties through, and in conjunction with, local government and not-for-profit corporations; and Whereas, PARKS has awarded a $250,000 EQBA Historic Preservation matching grant to the City for the exterior and interior renovation of the Buffalo and Erie County Historical Society Building; and Whereas, the City of Buffalo desires to cooperate with PARKS and will make available $250,000 in matching funds from the 1992-1993 City of Buffalo Capital Budget; and Whereas, the EQBA grant funds will come to the City on a reimbursement basis. Now, therefore, be it resolved by the Common Council of the City of Buffalo that: The Mayor be, and hereby is, authorized on behalf of the City of Buffalo to accept the grant award tendered by the New York State Office of Parks, Recreation and Historic Preservation; The Mayor is authorized to enter into all necessary agreements and contracts to assure the prompt and expeditious implementation of said project; The Mayor is further authorized to execute such other actions as may be necessary to effectuate the purpose of the grant, and this resolution; The City Comptroller of the City of Buffalo be directed to establish a Trust and Agency Account, which shall be for the receipt of the EQBA grant funds from the New York State Office of Parks, Recreation and Historic Preservation; and The City Comptroller be directed to arrange an Interfund cash loan for the purpose of administering the aforementioned grants since said grant will be received on a reimbursement basis. PASSED. AYES- 12 NOES- 0. No. 174 BY: MR. ZUCHLEWSKI RENTAL OF CONCESSION STAND AT THE FOOT OF ONTARIO STREET WHEREAS: Sometime in July, the concession stand, which is being built by the City of Buffalo and located at the foot of Ontario Street, will be completed, and WHEREAS: in the very near future, bids will be solicited whereby a concessionaire will be selected to operate this new facility, and WHEREAS: this facility is located at the foot of Ontario Street between the Irene K. Gardner Bridge and property owned by Jafco Marina, and WHEREAS: this immediate area has always been plagued with excessive debris such as broken glass, papers and discarded food stuffs, and WHEREAS: due to budget constraints, the City of Buffalo Parks Department is shorthanded and therefore, has had a very difficult tide keeping this area clean, and NOW, THEREFORE, BE IT RESOLVED: that this Common Council requests that in the bid process or alternate bid, maintenance of this City owned property between the Irene K. Gardner Bridge and the property owned by Jafco Marina be included. It should however, exclude any capital maintenance projects on this property, and be it further RESOLVED: that the City Clerk send certified copies of this resolution to the City of Buffalo Parks Department, Corporate Council, and members of the Board of Review. PASSED. AYES- 12 NOES- 0. No. 175 BY: MR. ZUCHLEWSKI REQUIRE NON-EMERGENCY STATUS EMPLOYEES WHO OPERATE CITY VEHICLES ON A 24 HOUR BASIS TO ASSUME 100% FUEL, MAINTENANCE AND ACCIDENT AND PERSONAL LIABILITY RESPONSIBILITY WHEREAS: The City of Buffalo, In the midst of the worst budget crisis in decades was compelled to cut $200,000.00 from General Service budget lines dedicated for the funding of fuel and maintenance to sustain it's fleet of city vehicles; and WHEREAS: The escalating costs of fuel and maintenance combined with new budgetary constraints has created tremendous strains on the city's ability to fulfill it's commitment to field a full and adequate fleet of emergency and service vehicles; and WHEREAS: The city traditionally has financially sustained all city owned vehicles regardless of their designated use and hours of use. Vehicles assigned to non-emergency status personnel on a 24 hour basis are also sustained by the city; and WHEREAS: These non-emergency status vehicles exist solely for the convenience of the assigned operator and serve no municipal purpose after work hours. The City of Buffalo maintains approximately 20 non-emergency status vehicles which are assigned to employees on a 24 hour basis; and WHEREAS: The city can no longer afford to sustain these non-emergency vehicles, but can offer the operator of these vehicles the option to either forfeit the 24 hour use privilege of these vehicles or accept 100% responsibility for fuel, maintenance and accident and personal liability for the city vehicle in their possession. The city will accept full responsibility for personal and accident liability when the vehicle in used during work hours for official business. NOW, THEREFORE BE IT RESOLVED THAT: This Common Council directs the City of Buffalo Corporation Counsel to draft an ordinance amendment requiring employees who operate non-emergency status vehicles on a 24 hour basis to assume full responsibility for fuel, maintenance and accident and personal insurance expenses for the city owned vehicle in their possession; and BE IT FURTHER RESOLVED THAT: The City Corporation Counsel include in the ordinance amendment language specifying that the Director of Inventory and Stores shall assume responsibility for the enforcement and inspection of these designated city vehicles for compliance; and BE IT FURTHER RESOLVED THAT: City vehicles exempt from this ordinance amendment include all police and fire vehicles with a stipulation that all city owned police and fire vehicles are issued to duly sworn police and fire officers. City Vehicles issued to the Mayor, Deputy Mayor, Council President, City Comptroller, Commissioner of Parks Department, Commissioner of Public Works, City Engineer, Commissioner of Inspections and Community Revitalization, Director of Parking Violations Bureau, Commissioner of Streets and Sanitation Department, Deputy Commissioner of Streets and Sanitation Department would also be exempt; and BE IT FINALLY RESOLVED THAT: The Corporation Counsel file this ordinance amendment with the City Clerk's office by 2:00 PM Thursday, July 2, 1992. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 11. NOES- PITTS- 1. No. 176 BY: MR. ZUCHLEWSKI EXCLUDE SECTIONS OF TONAWANDA ST. AND ELMWOOD AVE. FROM PARKING METER FEE HIKES WHEREAS: The 1992-93 City of Buffalo budget calls for an increase of all parking meter rates from $.25 per hour to $.50 per hour; and WHEREAS: The rate increase for meters has been denounced by small business owners through out the city because of fear that the increases will adversely effect their businesses; and WHEREAS: The small business owner must bear an especially heavy burden of the new city budget which also calls for a 23% property tax increase to be levied against them; and WHEREAS: With the added financial stress from new taxation combined with timely economic pressures, more and more small businesses are finding themselves financially strapped and depend more upon a steady flow of patronage to survive; and WHEREAS: Requiring the citizenry who patronize the small businesses to pay 100% more for a parking spot will seriously threaten the flow of patrons to the small businesses and ultimately threaten the future of some small business communities. NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests the City Corporation Counsel to draft an ordinance amendment to exempt the sections of small business communities located on Tonawanda Street from Vulcan Street to Arthur Street and also Elmwood Avenue from Forest Avenue to Auburn Avenue from the 100% parking meter rate hike; and BE IT FURTHER RESOLVED THAT: The Corporation Counsel file this ordinance amendment with the City Clerk's office by 2:00 PM Thursday, July 2, 1992. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 177 BY: MR. ZUCHLEWSKI REQUEST INFORMATION FROM PARKS DEPARTMENT REGARDING SPRAYING OF TREES WHEREAS: On June 17, 1992 the Buffalo News published a front page photograph showing individuals identified as Parks Department workers spraying trees on Lincoln Parkway with a substance identified by the News as Sevin; and WHEREAS: Councilmembers whose Districts include Lincoln Parkway had submitted written requests to the Parks Department to stop the spraying of Sevin and had been assured by the Acting Commissioner that he would not be spraying in their Districts; and WHEREAS: The spraying of Sevin on Lincoln Parkway is an outrage because it violates a good faith understanding between government officials; and WHEREAS: The spraying is also an outrage because it betrays those residents of the area who have shown a great deal of concern about the spraying and who were reassured by the agreement not to spray; and WHEREAS: Even if the spraying were restricted to a few homes pesticides naturally drift when sprayed and for the Parks Department to undertake such an action without conferring with Councilmembers and without posting warning signs the previous day as they had promised is a profound breach of trust; and NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests the Acting Parks Commissioner to supply the Council with a list of all trees outside of the South District which his department has sprayed with Sevin this year; and BE IT FURTHER RESOLVED THAT: This Council requests the city Pest Management Board to make recommendations regarding the city elm tree program for the rest of this season and the 1993 season which will avoid the mistakes made this year. ADOPTED. No. 178 BY: MR. ZUCHLEWSKI REQUEST BLOCK GRANT MONIES FOR FUNDING CITY WIDE ELM LEAF BEETLE EXTERMINATION PROJECT WHEREAS: The City of Buffalo is confronted every spring through the summer seasons with the notorious elm leaf beetle and the wrath of destruction they inflict upon the city's 2,500 elm trees; and WHEREAS: The growing numbers of elm leaf beetles are routinely skeletonizing elm trees throughout the city in the summer and in the winter infiltrating and hibernating in the homes of citizens who live in close proximity to the elm trees; and WHEREAS: Combined with the destruction and stress these insects inflict upon the city's elm trees, the beetles are also causing mounting damage to drapes, furniture and carpeting in citizens' homes; and WHEREAS: The City of Buffalo Parks Department and the Buffalo Pest Management Board have worked closely on solutions and organized programs to combat the pesky beetles; and WHEREAS: Through research and the combined efforts of the Pest Management Board, the Buffalo Parks Department and various experts, viable tactics and programs using non-toxic pesticides have been identified; and WHEREAS: Identifying sufficient funding for the recommended programs is the major obstacle which has uprooted all serious effort of remedying the problem on a large scale. Due to the lack of funds the Buffalo Parks Department has resorted to spraying the city trees with the toxic pesticide Sevin as an only recourse to combat the beetle problem; and WHEREAS: Designating monies transferred from the Federal Housing and Urban Development's block grant funds on a one time basis to finance a city wide recommended program would enable Buffalo to take a giant step of ridding the pests and saving the city's beautiful elm trees; NOW, THEREFORE BE IT RESOLVED THAT: This Common Council request the Federal Housing and Urban Development department to identify and qualify block grant funds which could be used on a one time basis to fund a Pest Management Board recommended non-toxic program of combating and controlling the elm leaf beetle city wide; and BE IT FURTHER RESOLVED THAT: The Common Council directs the City Clerk to forward a certified copy of this resolution to Michael F. Merrill, Director of Community Planning and Development in the local Federal Housing and Urban Development Department. ADOPTED. No. 179 BY: MR. ZUCHLEWSKI DISPOSAL OF BUFFALO'S STOCK OF SEVIN WHEREAS: There has been considerable controversy over the Parks Department's decision to spray Buffalo's elm trees with the pesticide Sevin this year and 8 of 9 district Councilmembers have pulled their districts out of the program; and WHEREAS: Proponents of Sevin argue that it is properly registered with the State and Federal governments, that it is a relatively low-toxicity pesticide and that it is an ingredient in many commonly available consumer pesticides; and WHEREAS: The Buffalo Pest Management Board has recommended against the use of Sevin and has urged Buffalo to dispose of its stock of the pesticide for the following reasons: 1) Potential human health impacts - The New Jersey Department of Health has produced a "Hazardous Substance Fact Sheet" on Carbaryl (the active ingredient in Sevin) which includes the following Hazard Summary: "Carbaryl can affect you when breathed in and by passing through your skin. Carbaryl may cause mutations and may be a teratogen. Handle with extreme caution. Exposure can cause carbonate poisoning with blurred vision, sweating, nausea and vomiting, abdominal pain, fluid in the lungs, and death. Contact can irritate the skin causing a rash. Repeated exposures may affect the kidneys and nervous system." While the fact sheet is written for industrial workers who may face daily exposure to toxins, it is impossible to tell beforehand the susceptibility of all the individuals who may be exposed to a pesticide when it is sprayed throughout a city. In addition the Board has produced a toxicity matrix which is included on the second page of this resolution. 2) Potential impact on the ecosystem - Carbaryl is a broad spectrum pesticide which kills by disrupting the nervous system of its victims. When toxic chemicals such as Sevin are broadcast widely enough to reach the leaves of all of Buffalo's elms, they will kill many non-target organisms such as bees and other plant pollinators and insects which serve as food for birds and other fauna. In fact, predators which could naturally keep elm beetle populations at acceptable levels may well be wiped out by broadcast applications of Sevin. 3) Efficacy questions - The Board has questioned whether foliar spraying of Sevin is effective at killing elm beetles given Buffalo's erratic weather and the age of the city's stock of Sevin. 4) Access of children and pets to this poison - Sevin has a half-life of 7 to 28 days in soil, l to 32 days in water and one to four months in the air. A half life is the amount of time it takes for half of a substance to break down. Carbaryl in agricultural applications has reportedly been found to impact bee populations more than three miles from the point of application. These facts mean that vulnerable children and pets who live a good distance from the point of application can be exposed to Carbaryl long after it is sprayed. WHEREAS: As long as the Parks Department has a supply of Sevin in stock there will be a strong temptation to use it as a prepaid weapon of first resort when past problems occur; NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests the Parks Department to liquidate its stock of Sevin either through sale on the open market or through transporting it to a DEC approved disposal facility BE IT FURTHER RESOLVED THAT: This Common Council commits to adequately funding a least-toxic strategy for elm tree treatment in 1993. ADOPTED. AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 11. NOES- PITTS- 1. No. 180 BY: MR. ZUCHLEWSKI SPECIAL ZONING DISTRICT ELMHURST / GREAT ARROW AVE. WHEREAS: The area bounded by Elmhurst, Great Arrow Ave Lincoln Pkwy and Elmwood has a mix of residential, commercial properties ;and WHEREAS: The residents of the area should be protected from invasion of their rights to enjoy their property while at the same time commercial enterprises should be permitted to operate: and WHEREAS: The best way to insure the continued stability of the area and protect the rights of residents and businesses is to create a special zoning district; and WHEREAS: The creation of a special zoning district would allow the Council a degree of control which would protect the interest of all parties: NOW, THEREFORE BE IT RESOLVED THAT: That the Common Council request the Law Department to prepare legislation designating Elmhurst/Great Arrow Ave. between Lincoln Pkwy. and Elmwood Ave as a Special Zoning District BE IT FURTHER RESOLVED THAT: This report be filed with the Common Council by 2:00 pm Thursday July 2, 1992. ADOPTED. No. 181 BY: MESSRS. ZUCHLEWSKI AND PERLA EXCLUDE NORTH AND NIAGARA DISTRICTS FROM PARKING METER FEE HIKES WHEREAS: The 1992-93 City of Buffalo budget calls for an increase of all parking meter rates from $.25 per hour to $.50 per hour; and WHEREAS: The rate increase for meters has been denounced by small business owners through out the city because of fear that the increases will adversely effect their businesses; and WHEREAS: The small business owner must bear an especially heavy burden of the new city budget which also calls for a 23% property tax increase to be levied against them; and WHEREAS: With the added financial stress from new taxation combined with timely economic pressures, more and more small businesses are finding themselves financially strapped and depend more upon a steady flow of patronage to survive; and WHEREAS: Requiring the citizenry who patronize the small businesses to pay 100% more for a parking spot will seriously threaten the flow of patrons to the small businesses and ultimately threaten the future of some small business communities. NOW, THEREFORE BE IT RESOLVED THAT: This Common Council requests the City Corporation Counsel to draft an ordinance amendment to exempt the North and Niagara Council District from the 100% parking meter rate hike; and BE IT FURTHER RESOLVED THAT: The Corporation Counsel file this ordinance amendment with the City Clerk's office by 2:00 PM Thursday, July 2, 1992 BE IT FINALLY RESOLVED THAT: This Common Council requests the City Corporation Counsel to draft an ordinance amendment to exempt the Ellicott, North and Niagara Council Districts from the 100% parking meter rate hike. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 182 BY MR. ZUCHLEWSKI FELICITATIONS AND/OR IN MEMORIAMS Attached hereto are Felicitations or In Memoriams sponsored by members of the Common Council: Felicitation for Donna Scott By Councilmember Bakos 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. 183 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: Sandra J. Bogoniewski Carl J. Calabrese Salvatore J. Cardullo Herbert E. Flemming Rosa A. Gibson Patricia A. McNally Toni M. Padoviano Jerry F. Reiter Bruce D. Simmons Eugene M. Sloan Mary M. Thrist Shantee Thrist Gina Ceglia Linda Ferguson Peter C. Ronca Sandy E. Winkowski John Dublin Bernard Lane Michael Little James F. Notaro Jr. Geoffrey E. Dell J. Henry Priebe Jr. Edwin H. Gallagher Jr. Gary S. Chosen Joseph S. Modica Salvatore W. Page Stephen W. Sterling TOTAL: 27 ADOPTED. UNFINISHED BUSINESS No. 184 BOND RES. - $50,000 - SENECA/BABCOCK PK. (No. 177 C.C.P., JUNE 9, 1992) Mr. Fahey moved that Item No. 177, C.C.P., June 9, 1992, be taken from the table. Seconded by Mr. Bakos CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 12 NOES- 0. No. 185 BOND RES. - $54,000 - TOWPATH- END OF HERTEL (No. 178 C.C.P. JUNE 9, 1992) Mr. Fahey moved that Item No. 178, C.C.P., June 9, 1992, be taken from the table. Seconded by Mr. Bakos CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos PASSED. AYES- 12 NOES- 0. No. 186 BOND RES. - $100,000 - TREE REPLACEMENT (No. 179 C.C.P. JUNE 9, 1992) Mr. Fahey moved that Item No. 179, C.C.P., June 9, 1992, be taken from the table. Seconded by Mr. Bakos CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos PASSED. AYES- 12 NOES- 0. No. 187 BOND RES. - $100,000 - COMM. CTR./PK. (No. 180, C.C.P. JUNE 9, 1992) Mr. Fahey moved that Item No. 180, C.C.P., June 9, 1992, be taken from the table. Seconded by Mr. Bakos CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos PASSED. AYES- 12 NOES- 0. No. 188 BOND RES. - $100,000 - McCARTHY PARK, ETC. (No. 181 C.C.P. JUNE 9, 1992) Mr. Fahey moved that Item No. 181, C.C.P., June 9, 1992, be taken from the table. Seconded by Mr. Bakos CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos PASSED. AYES- 12 NOES- 0. No. 189 BOND RES. - $120,000 - ELLICOTT DIST. PLAYGROUND (No. 182, C.C.P. JUNE 9, 1992) Mr. Fahey moved that Item No. 182, C.C.P., June 9, 1992, be taken from the table. Seconded by Mr. Bakos CARRIED Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 12 NOES- 0. No. 190 BOND RES. - $150,000 - LOVEJOY PKS. (No. 183, C.C.P. JUNE 9, 1992) Mr. Fahey moved that Item No. 183, C.C.P., June 9, 1992, be taken from the table. Seconded by Mr. Bakos. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 12 NOES- 0. No. 191 BOND RES. - $235,000 - SOUTH/FILLMORE PKs. (No. 184, C.C.P. JUNE 9, 1992) Mr. Fahey moved that Item No. 184, C.C.P., June 9, 1992, be taken from the table. Seconded by Mr. Bakos. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 12 NOES- 0. No. 192 BOND RES. - $300,000 - MASTEN PLAYGROUND (No. 185 C.C.P. JUNE 9, 1992) Mr. Fahey moved that Item No. 185, C.C.P., June 9, 1992, be taken from the Table. Seconded by Mr. Bakos Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos PASSED. AYES- 12 NOES- 0. No. 193 BOND RES. - $346,000 - SCAJ. PATHWAY (No. 186, C.C.P. JUNE 9, 1992) Mr. Fahey moved that Item No. 186, C.C.P., June 9, 1992, be taken from the table. Seconded by Mr. Bakos. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 12 NOES- 0. No. 194 BOND RES. - $1,000,000 - WAR MEM. SITE IMP. (No. 187, C.C.P. JUNE 9, 1992) Mr. Fahey moved that Item No. 187, C.C.P., June 9, 1992, be taken from the table. Seconded by Mr. Bakos. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 12 NOES- 0. No. 195 BOND RES. - $100,000 - ST. LIGHT IMP. UNIVERSITY & NIAGARA DISTRICTS (No. 2, C.C.P. JUNE 23, 1992) Mr. Fahey moved that Item No. 2, C.C.P., June 23, 1992, be taken from the table. Seconded by Mr. Bakos. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 12 NOES- 0. No. 196 BOND RES. - $125,000 - HANDICAPPED ACCESS IMP. - EMERSON H.S. (No. 3, C.C.P. JUNE 23, 1992) Mr. Fahey moved that Item No. 3, C.C.P., June 23, 1992, be taken from the table. Seconded by Mr. Bakos. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 12 NOES- 0. No. 197 BOND RES. - $130,000 - INSTALLATION OF TRAFFIC SIGNALS (No. 4, C.C.P. JUNE 23, 1992) Mr. Fahey moved that Item No. 14, C.C.P., June 23, 1992, be taken from the table. Seconded by Mr. Bakos. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 12 NOES- 0. No. 198 BOND RES. - $150,000 - RECONSTR. DELAWARE LABOR CENTER (No. 5, C.C.P. JUNE 23, 1992) Mr. Fahey moved that Item No. 5, C.C.P., June 23, 1992, be taken from the table. Seconded by Mr. Bakos. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 12 NOES- 0. No. 199 BOND RES. - $150,000 - INSTALLATION OF TRAFFIC SIGNALS (No. 6, C.C.P. JUNE 23, 1992) Mr. Fahey moved that Item No. 6, C.C.P., June 23, 1992, be taken from the table. Seconded by Mr. Bakos. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 12 NOES- 0. No. 200 BOND RES. - $200,000 - RECONSTR. CURBS & SIDEWALKS (No. 7, C.C.P. JUNE 23, 1992) Mr. Fahey moved that Item No. 7, C.C.P., June 23, 1992, be taken from the table. Seconded by Mr. Bakos. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 12 NOES- 0. No. 201 BOND RES. - $200,000 - CONSTR. BAILEY-KENSINGTON RECREATION CENTER (NO. 8, C.C.P. JUNE 23, 1992) Mr. Fahey moved that Item No. 8, C.C.P., June 23, 1992, be taken from the table. Seconded by Mr. Bakos. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 12 NOES- 0. No. 202 BOND RES. - $200,000 - ACQ./IMP. POLISH UNION OF AMERICA BLDG. (NO. 9, C.C.P. JUNE 23, 1992) Mr. Fahey moved that Item No. 9, C.C.P., June 23, 1992, be taken from the table. Seconded by Mr. Bakos. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 12 NOES- 0. No. 203 BOND RES. - $300,000 - CONSTRUCT STAGE IN DELAWARE PARK (No 10, C.C.P. JUNE 23, 1992) Mr. Fahey moved that Item No. 10, C.C.P., June 23, 1992, be taken from the table. Seconded by Mr. Bakos. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 12 NOES- 0. No. 204 BOND RES. - $658,000 - RECONSTRUCT KLEINHANS MUSIC HALL (No. 11, C.C.P. JUNE 23, 1992) Mr. Fahey moved that Item No. 11, C.C.P., June 23, 1992, be taken from the table. Seconded by Mr. Bakos. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- 12 NOES- 0. No. 205 BOND RES. - $2,350,000 - PREPARE PLANS NEW SPORTS ARENA (No. 12, C.C.P. JUNE 23, 1992) Mr. Fahey moved that Item No. 12, C.C.P., June 23, 1992, be taken from the table. Seconded by Mr. Bakos. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Bakos. PASSED. AYES- BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS, ZUCHLEWSKI- 9. NOES- AMOS, BAKOS, PERLA- 3. No. 206 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. REGULAR COMMITTEES CIVIL SERVICE Tuesday, JUNE 30, 1992 9:30 AM FINANCE Tuesday, JUNE 30, 1992 immediately Following Civil Service LEGISLATION Tuesday, JUNE 30, 1992 2:00 PM LEGISLATION Tuesday, JUNE 30, 1992 6:00 PM -Sevin Spraying ECON. DEV. Wednesday, JULY 1, 1992, 10:00 AM No. 207 ADJOURNMENT On motion by Mr. Fahey, Seconded by Mr. Bell, the Council adjourned at 5:01 P.M. Charles L. Michaux III City Clerk Meeting reported by Leonard G. Sciolino, Council and Committee Reporter. Board of Police and Fire Pension Proceedings # 6 Mayors Office - 201 City Hall June 25, 1992 - 11:00 A.M. Present: George K. Arthur, President of Common Council, James D. Griffin, Mayor - 2. Absent: Joel A. Giambra, Comptroller - 1. The Journal of the last meeting was approved. No. 1 I transmit herewith the pension payroll for the Fire PensionFund for the month of June 1992 amounting to $34,543.00, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes- 2 Noes- 0. No. 2 The following annuitant has been cancelled from the Fire Pension Payroll: Catherine v. Cowley Died 5/27/92 Received and Filed. No. 3 I transmit herewith the pension payroll for the Police pension Fund for the month of June 1992 amounting to $43,599.85, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes- 2 Noes- 0. No. 4 On motion by Mr. Arthur, the City of Buffalo Police and Fire Pension Board meeting adjourned at 11:10 A.M.