Loading...
HomeMy WebLinkAbout94-0614 No. 12 Common Council Proceedings of the City of Buffalo Regular Meeting, June 14, 1994 MAYOR Hon. Anthony M. Masiello COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL George K. Arthur PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER James W. Pitts 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 David J. Czajka Lovejoy David A. Collins Masten Carl A. PerIa Jr. Niagara Dale Zuchlewski North Bonnie K.Lockwood South Kevin J. Helfer University REGULAR COMMITTEES CIVIL SERVICE COMMITTEE : Rosemarie LoTempio, Chairman, Alfred T. Coppola, Eugene M. Fahey, Kevin J. Helfer, James W. Pitts, Members CLAIMS COMMITTEE : David A. Franczyk, Chairman, David J. Czajka, Kevin J. Helfer, Bonnie K. Lockwood, Dale Zuchlewski, Members ECONOMIC DEVELOPMENT COMMITTEE: Carl A. Perla, Jr. Chairman, Clifford Bell, David Collins, David A. Franczyk, Kevin J. Helfer, James W. Pitts, Members. FINANCE COMMITTEE: David A. Collins, Chairman, Clifford Bell, Eugene M. Fahey, David A. Franczyk, Kevin J. Helfer, James W. Pitts, Members. LEGISLATION COMMITTEE: Alfred Coppola, Chairman, David J. Czajka, Kevn J. Helfer, Rosemarie LoTempio, Carl A. Perla, Jr., Dale Zuchlewski Members RULES COMMITTEE: George K. Arthur, Chairman, Kevn J. Helfer, James W. Pitts, Members URBAN RENEWAL: Clifford Bell, Chairman, Alfred T. Coppola, David J. Czajka, David A. Franczyk, Kevin J. Helfer, Members SPECIAL COMMITTEES SPECIAL COMMITTEE ON CATV: James W. Pills, Chairman, George K. Arthur, Kevin J. Helfer, Rosemarie LoTempio, Dale Zuchlewski. SPECIAL COMMITTEE ON EDUCATION: Dale Zuchewski, Chariman, David J. Czajka, Kevn J. Helfer, Rosemarie LoTempio, Carl A. Perla, Jr. ERIE BASIN MARNA LEASE COMMITTEE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, Carl A. Perla, Jr. TASK FORCES AUDITORIUM AND STADIUM TASK FORCE: James W. Pitts, Chairman, Clifford Bell, Eugene M. Fahey, Kevin J. Helfer, Bonne K. Lockwood, Rosemarie LoTempio, Corporation Counsel/Designee, Commissioner of Public Works/Designee, Commissioner of Community Development/Designee, Commissioner of Administration and Finance/Designee, President of Development Downtown. PARKS CONSERVACY TASK FORCE: David A. Franczyk, Chairman, Kevin J. Helfer, Dale L. Zuchlewski, John Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta, Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Paula Mulligan, Louise Snyder, Rev. Benny Sheppard, Friends of Olmsted designee, Commissioner of Parks/Designee, Commissioner of Public Works/Designee, Commissioner of Community Development/Designee. POLICE REORGANIZATION TASK FORCE: Eugene M. Fahey, Chairman; George K. Arthur, Clifford Bell, Kevin J. Helfer, Rosemarie LoTempio. Michael Trimboli, Edward C. Hempling, Kenneth R. Kirby, George J. Panepinto, Martha Dippel. James J. McMahon, Craig Speers, William Dunford, Levirn Hill, John V. Elmore. GREENWAY TASK FORCE: Brian Higgins, Chairman, James August, Frederick Holman, Barry Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark Mistretta, Thomas Pallas, Philip Snyder, Lorraine Pierro, Cynthia Schwartz, Ann Poole, Suzanne Toomey-Spinks, Dr. Rae Rosen, Margaret Wooster, Jerry Malloy.Davd P. Comerford, Tammy Barnes, Terry Wherry CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL- BUFFALO Tuesday, June 14, 1994 at 2:00 P.M. PRESENT- David A. Franczyk, President Pro Tempore of the Council, and Council Members Bell, Collins, Coppola, Czajka, Fahey, Helfer, Lockwood, LoTempio, Perla, Pitts, and Zuchlewski- 12. ABSENT- George K. Arthur, President of the Council- Acting Mayor. On a motion by Mr. Pitts, seconded by Mr. Fahey, the minutes of the stated meeting held on May 31, 1994 were approved. FROM THE MAYOR No. 1 Appointment of Member of the Home Improvement Advisory Board Pursuant to the powers vested in me by Chapter 144-6 of the Buffalo Code, I hereby appoint Richard C. Bainbridge, Jr., residing at 65 Foxchapel Drive, Orchard Park, New York - 14127, as a member of the Home Improvement Advisory Board for a term expiring on January 2, 1997. Mr. Bainbridge is replacing Jay B. Duderwick, who has resigned Mr. Bainbridge is President of R. C. Bainbridge, Jr. Construction, Co. since 1977 till present. He is very active in many industry related organizations: Niagara Frontier Builders Association Former Chairman of Remodelers Council (1990, 1991) Southtowns Builders Association Former Vice-Chairman - Home Improvement Council of -Buffalo Member of Top 500 Remodeling Contractors in the USA -each year - Qualified Remodelers Magazine Member of the Big 50 - "Top Remodelers in the Country". Honored by Remodeling Magazine. I hereby certify that Richard C. Bainbridge, Jr. is fully qualified to serve as a member of the Home Improvement Advisory Board. RECEIVED AND FILED. No. 2 Appointment of Member of Emergency Medical Services Board Pursuant to the powers vested in me by Section 6 of Chapter 72 of Part II of the Code of the City of Buffalo, I hereby appoint Louis J. Billittier, residing at 291 Seneca Street, Buffalo, New York - 14204, as a member of the Emergency Medical Services Board for a term expiring June 1, 1997. Mr. Billittier is replacing James N. Bulger. I hereby certify that Louis J. Billittier is fully qualified to serve as a member of the Emergency Medical Services Board. Mr. Billittier is a member of the Board of Directors, Heritage Foundation, Inc. for Erie County Association for Retarded Children, a member of the Boards of Visitors, West Seneca Developmental Center, He has received numerous honors for his dedication and contributions to the community, including Recognition of Outstanding Volunteer Efforts in the Field of Mental Health (Beatrice Edelman Award). I also hereby appoint Mr. Louis J. Billittier as Chairman of the Emergency Medical Services Board. RECEIVED AND FILED. No. 3 Appointment & Reappoint of Members to the Buffalo Sewer Authority Pursuant to the powers vested in me by Section 1177 of the Public Authorities Law, I hereby appoint, subject to confirmation by Your Honorable Body, James P. Naples, residing at 139 Bedford Avenue, Buffalo, New York - 14216, and reappoint Edward J. Pawlik, residing at 851 Parkside Avenue, Buffalo, New York - 14216, as members of the Buffalo Sewer Authority for terms expiring June 30, 1997. James P. Naples is replacing Kenneth J. Milhasen whose term will expire on June 30, 1994. Mr. Naples is a graduate of Canisius College and State University of Buffalo at Buffalo Law School. He has been actively engaged in the general practice of law in the City of Buffalo and State of New York for over 25 years. Mr. Pawlik, by virtue of his many years of experience serving on the Buffalo Sewer Authority, qualifies for this position on the Authority. I hereby certify that James P. Naples and Edward J. Pawlik are fully qualified to serve as members of the Buffalo Sewer Authority. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BOARD OF STADIUM AND AUDITORIUM No. 4 Certificate of Appointment Appointment effective June 7, 1994 in the Department of Stadium & Auditorium Division of Pilot Field Stadium, James N. Leary, 23 Edgewood Avenue, Buffalo, 14220, to the position of Assistant Director of Stadium Operations, Exempt at the Flat Maximum starting salary of $ 38,632. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BUFFALO ARTS COMMISSION No. 5 Former Mayor James D. Griffin's Portrait The Buffalo Arts Commission recommends that the recently completed portrait of former Mayor James D. Griffin, painted by Mary Diebold Smith, be accepted as a gift to the City of Buffalo. There will be no costs associated with this acquisition. Mr. Pitts moved: That the communication from the Buffalo Arts Commission, dated June 9, 1994, be received and filed; and That the Director of the Buffalo Arts Commission be, and he hereby is, authorized to accept a portrait of former Mayor James D. Griffin, as painted by Mary Deibold Smith at no costs. PASSED. AYES- 12 NOES- 0. FROM THE COMPTROLLER No. 6 Certificate Of Necessity Transfer of Funds Division of Real Estate - Real Estate Management Division of Real Estate - In Rem We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sums of $1,500 and $1,000 be transferred and reappropriated from the Division of Real Estate -Real Estate Management and said sums are hereby reappropriated 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 purposes for which they were appropriated. Dated: Buffalo, NY, June 6, 1994 RECEIVED AND FILED. No. 7 Certificate of Necessity Transfer of Funds Common Council - Legislative Department of Fire - Fire Defense & Training Services We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $2,511.26 be transferred and reappropriated from the Common Council -Legislative, as set forth below: Dated: Buffalo, NY, June 9, 1994 RECEIVED AND FILED. No. 8 Certificate of Necessity Transfer of Funds Dept of Police -- Police Facilities & Fleet Mgmt - Admin Dept of Police -- Police Facilities & Fleet Mgmt - Building and Fleet Maint. We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $20,000 be transferred and reappropriated from the Department of Police -- Police Facilities & Fleet Mgmt - Admin, as set forth below: Dated: Buffalo, NY, June 8, 1994 RECEIVED AND FILED. No. 9 Certificate of Necessity Transfer of Funds Department of Parks - Division of Parks Community Development - Division of Development We Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $43,445.39 be transferred and reappropriated from the Department of Parks - Division of Capital Projects Fund, as set forth below: The amount to be transferred represents an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY June 6, 1994. RECEIVED AND FILED. No. 10 Amended Bond Closeouts Item No. 105, 5/3/94 When your Honorable Body approved a list of amended bond closeouts, the amended list included only partial amounts for three projects. The following projects and thee close out amounts were: 1) Improvements to LaSalle Station $35,102.20 2) Improvements to Marine Village 109,012.50 3) Improvements to Collins Playground 15,281.26 There remains additional money in these accounts. The Improvements to LaSalle Station has $62,794.44 remaining (of which $23,849.96 was budgeted in the 1994-95 debt service budget as a resource to pay debt service), the improvements to Marine Village has $866,699.57 remaining and improvements to Collins Playground has $6,097.60. Upon favorable action by your Honorable Body, my office will close the above mentioned bond accounts and apply the resources to debt service. REFERRED TO THE COMMITTEE ON FINANCE. No. 11 Interfund Loans Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have two requests for money to finance projects and we will not reenter the bond market at this time. We have received a request from the Board of Education that you approve interfund cash loans from the General Fund to the Board of Education's Capital Projects Fund in the amount of $155,000 for New Roof at School #36 and $145,000 for New Roof at School #38. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 299 Cap Proj 299-970-096 BAN/Bond Sale $300,000 Mr. Pitts moved: That the communication from the Comptroller, dated May 25, 1994, be received and filed; and That the Comptroller be, and he hereby is, authorized to make an interfund cash loans from the General Fund to the Board of Education's Capital Projects Fund in the amount of $155,000 for a New Roof at School #36 and $145,000 for a New Roof at School #38. The loans will he repaid when Bond Anticipation Notes or Bonds are issued. PASSED. AYES- 12 NOES- 0. No. 12 Renewal Option - Lease Agreement Between the City of Buffalo and Polish Community Center of Buffalo, Inc. Item No. 16, C.C.P. 4/27/93 Your Honorable Body authorized the leasing of 379 Paderewski Street. This lease agreement was for a one year period commencing March 1, 1993 and ending February 28, 1994. This office has received a request from the Polish Community Center of Buffalo, Inc. to renew said lease for an additional four year period, to commence March 1, 1994 and terminate February 28, 1998. This option to renew is consistent with their original lease agreement with the City of Buffalo which was approved by Your Honorable Body, Item #22, C.C.P. February 16, 1988. The Polish Community Center has satisfied all requirements of their lease agreement and complied with all other provisions and terms of the lease. This office recommends Your Honorable Body approve the Polish Community Center of Buffalo, Inc. request to renew their lease for an additional four year term, commencing on March I, 1994 to February 28, 1998. I am further recommending that Your Honorable Body authorized the Corporation Counsel to prepare the necessary lease renewal and that the Mayor be authorized to execute the same. Mr. Pitts moved: That the communication from the Comptroller, dated June 1, 1994, be received and filed; and That the Comptroller be, and he hereby is, authorized to renew the lease between the City of Buffalo and the Polish Community Center of Buffalo, Inc. for an additional four year period, to commence on March I, 1994 and ending on February 28, 1998. That the Corporation Counsel shall prepare the necessary lease renewal and that the Mayor be authorized to execute the same. PASSED. AYES- 12 NOES- 0. No. 13 Monthly Overtime Usage Report I am providing the Common Council with an update of the Monthly Overtime Usage Report as of May 31, 1994. This report provides the actual expenditures of overtime for all City departments as well as project departmental expenditures for the entire fiscal year based on current overtime usage. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE PRESIDENT OF THE COUNCIL No. 14 Appointment Casino Gaming Task Force Please find on today's agenda a letter of resignation by Mr. Carl P. Paladino from the Casino Gaming Task Force. In Mr. Paladino's place, I am appointing Council Members Rosemary LoTempio and Kevin J. Helfer. Mr. Helfer was inadvertently left off the original appointment and as the only member from a minority party, he should have been appointed. Mrs. LoTempio will take Mr. Paladino's place because of her Committee on bingo and other forms of relationship. These appointments are to be effective immediately. RECEIVED AND FILED. FROM THE COMMISSIONER OF ASSESSMENT No. 15 Refund Excess Taxes BRACO I Item No. 55, C.C.P. 05/31/94 The above item was referred to this office for a response. Please be advised the 1993-94 City taxes for the following properties assessed to BRACO I are paid: 1993-94 City Taxes 210 Allen Street 13,516.32 359 Busti Avenue 25,956.34 279 Niagara Street 13,785.40 231 West Avenue 9,616.60 87 Whitney Place 7,814.18 346 Franklin 11,658.62 352 Franklin 19,576.00 922-928 Main Street 13,497.88 74 Grant Street 22,207.74 TOTAL 137,629.08 RECEIVED AND FILED. No. 16 Authorize PILOT Agreement 104 Lewis Item No. 200, C.C.P. 05/31/94 In the event that Your Honorable Body chooses to enter into an agreement for payment in lieu of taxes for property located at 104 Lewis Street, pursuant to Article 11, Section 577 of the Private Housing Finance Law, this department has the capability to administer the levying of the agreed upon real property taxes. In the event Your Honorable Body needs any further information regarding this matter, I am available at your convenience. REFERRED TO THE COMMITTEE ON FINANCE. No. 17 Liquor License Applications Item No. 77, C.C.P. 05/31/94 The above item was referred to this office for a report. We reviewed our tax files to determine if the individuals and/or corporations applying for a liquor license owe real property tax, sewer rent, local assessment, or occupancy tax. According to our records, please be advised of the following: 274 Delaware is assessed as 262 Delaware and assessed to Touraine Apartments Associates, c/o NYS Housing Finance Agency, 641 Lexington Avenue, New York, New York. Our records show that the City taxes, occupancy tax and sewer rent paid. The applicant, Wilbur Trammell, does not own property. We do show that Mr. Trammell was part owner of the property assessed as 136 Summit, Buffalo, New York. The property is now assessed to Evian M. Trammell. The 1993-94 sewer rent in the amount of $280.36 remains outstanding. 951 Elmwood is assessed as 141 Bidwell and assessed to Camile R. Haun and others, c/o Marlene M. Herzog, 946 Parkside Avenue, Buffalo, New York. Our records show the City taxes, occupancy tax and sewer rent paid. The applicant, Mints Organization, Inc., and the business, Razors, do not own property in the City of Buffalo. It is suggested that the Common Council obtain the names of the principals of Mints Organization, Inc. And we will further check for taxes owing. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 17A Public Notice Water Rate Increase Please be advised the following public notice was published in the Buffalo News on Saturday, June 4, 1994. Public Notice Public Notice is hereby given that a public hearing will be held pursuant to Public Authorities Law Section 1048-1 on June 23, 1994 at 7:00 p.m. local time in the Common Council Chambers, 13th Floor City Hall, Buffalo, New York concerning the establishment of fees, rates, or other charges by the Buffalo Water Board (the "Water Board") for the use of or services furnished, rendered or made available by the water system of the City of Buffalo on or after July 1, 1994. Such charges proposed to be established by the Water Board include up to a 9.42% increase in the charges currently in effect. A copy of these rates are available in the office of the Secretary of the Water Board located in City Hall Room 1101 and in the office of the City Division of Water located in City Hall, Room 107, and may be inspected during regular business hours after June 10, 1994. RECEIVED AND FILED. No. 18 Notification Serial #8371 No Turns on Red South Park Avenue at Southside Parkway No Turns On Red - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five (45) days after the first Council meeting at which they appear on the agenda as an item business. That that part of the Subdivision 1 of Section 38 of Chapter 479 of Ordinances Turns of the City of Buffalo be supplemented by adding thereto the following: Prohibited Facing Steady Red Signal Vehicles on at Intersection of South Park Avenue Southside Parkway traveling southbound (S.W. Corner) This restriction is being installed to improve driver safety and reduce accidents at a highly traveled intersection that contains a "unique" geometric road layout. Notification Serial #8372 No Turns on Red South Park Avenue at Bailey Avenue No Turns On Red - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five (45) days after the first Council meeting at which they appear on the agenda as an item business. That that part of the Subdivision I of Section 38 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the Turns Prohibited Facing Steady Red Signal following: Vehicles on at Intersection of South Park Avenue Bailey Avenue traveling southbound South Side This restriction is being installed to improve driver safety and reduce accidents at a highly traveled intersection that contains a "unique" geometric road layout. Notification Serial #8373 Install No Standing on Austin Street West of Niagara Street No Standing - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five (45) days after the first Council meeting at which they appear on the agenda as an item business. That that part of the Subdivision 20 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the No Standing following: PUBLIC HIGHWAY PROHIBITED PORTION OF HIGHWAY Austin Street, north side from a point 18' east of the east building line of #7 Austin - (south side) to a point 65' west therefrom This restriction is being installed to provide an open area and clear line of sight to the Riverwalk Bike Path crossing Austin Street. It will not adversely effect on-street parking in this region. RECEIVED AND FILED. No. 19 Solicitation of Funds Permit for the Citizens Campaign for the Environment Attached is an application for Solicitation of Funds for Citizens Campaign for the Environment to solicit funds in the Buffalo area for the month of June 1994. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. REFERRED TO THE COMMITTEE ON FINANCE. No. 20 Report of Bids For The Construction of Sidewalks In The South District-1994 Item No. 35, C.C.P. 05/03/94 This is to advise Your Honorable Body that I have advertised and received bids on June 1, 1994 for the construction of sidewalks in the South District-1994. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: 1. Cemulini-Pecoraro Constr. Corp. $219,300.00 2. Campobello Constr. Co., Inc. $228,475.00 3. M.P.J. Contracting, Inc. $277,150.00 I hereby certify that the lowest responsible bidder for the above project is Cemulini-Pecoraro Const. Corp. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #200-401-014 in an amount not to exceed $219,300.00, plus approved unit prices not to exceed an additional amount of $18,200.00 for a total award of $237,500.00. The engineers estimate for this work is $250,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by July 15, 1994. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Pitts moved: That the communication from the Department of Public Works, dated June 1, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Construction of Sidewalks in the South District - 1994 to Cemulini-Pecoraro Construction Corporation, the lowest responsible bidder, in an amount not to exceed $219,300.00, plus approved unit prices not to exceed an additional amount of $18,200.00 for a total award of $237,500.00, with said cost to be charged against the Capital Projects Fund #200-401-014. PASSED. AYES- 12 NOES- 0. No. 21 Report of Bids Debris Removal from City of Buffalo Emerald Channel Intake Structure Contract No. 24 As authorized by your Honorable Body in Item No. 39 of June 23, 1987 plans and specifications were prepared and sealed proposals accepted for Debris Removal from the City of Buffalo's Emerald Channel Intake Structure, Contract No. 24. I submit the following report of all bids received which were opened in my office at 11:30 a.m. on Monday, May 23, 1994: Oceaneering Technologies, Inc. 11390 Transit Road East Amherst, New York 14051 $ 187,004.00 Emark Marine Services 3566 E. Benzing Road Orchard Park, New York 14127 $ 207,550.00 Luedtke Engineering Company PO Box 111 Frankfort, New York 49635 $ 282,500.00 Manson Construction Company, Inc. 4 Webster Street North Tonawanda, New York 14120 $ 342,716.00 Durocher Dock & Dredge PO Box 8 Cheyboygan, Michigan 49721 $ 632,500.00 All bids have been reviewed by the Division of Water and the Consulting Engineer and found to be fair and equitable. I hereby certify that the foregoing is a true and correct statement of all bids received and that Oceaneering Technologies, Inc. is the lowest responsible bidder complying with the specifications for Debris Removal from the City of Buffalo's Emerald Channel Intake Structure, Contract No. 24, with their bid of $187,004.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Oceaneering Technologies, Inc. the above work in the amount of $187,004.00 and same be charged to the Division of Water's 416-982-009 account. The Engineer's estimate for this work was $ 300,000.00. Mr. Pitts moved: That the communication from the Department of Public Works, dated June 1, 1994, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Debris Removal from the City of Buffalo's Emerald Channel Intake Structure, Contract No. 24 to Oceaneering Technologies, Inc., the lowest responsible bidder in the amount of $187,004.00, with said cost to be charged against the Division of Water's 416-982-009 account. PASSED. AYES- 12 NOES- 0. No. 22 Report of Bids Filtration Plant Improvements Filter Instrumentation Replacement Contract No. 5E & 5G As authorized by your Honorable Body in Item No. 72 of September 6, 1988 plans and specifications were prepared and sealed proposals accepted for Filtration Plant Improvements, Filter Instrumentation Replacement, Contract No. 5E & 5G. I submit the following report of all bids received which were opened in my office at 11:00 am, on Monday, May 23, 1994: Contract No. 5E - Electrical: Ferguson Electric Construction Company, Inc. 333 Ellicott Street Buffalo, New York 14203 $ 23,990.00 Industrial Power and Lighting Corp. 701 Seneca Street Buffalo, New York 14210 $ 27,465.00 CIR Electrical Construction Corp. 1067 Harlem Road Buffalo, New York 14227 $ 35,700.00 All bids have been reviewed by the Division of Water and the Consulting Engineer and found to be fair and equitable. I hereby certify that the foregoing is a true and correct statement of all bids received and that Ferguson Electric Construction Company is the lowest responsible bidder complying with the specifications for Filtration Plant Improvements, Filter Instrumentation Replacement Contract No. 5E - Electrical Construction with their bid of $ 23,990.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Ferguson Electric Construction Company for the above work in the amount of $ 23,990.00 and same be charged to the Division of Water's 416-982-016 account. The Engineer's estimate for this work was $50,000.00. Contract No. 50 - General Construction: John W. Danforth Company 1940 Fillmore Avenue Buffalo, New York 14214 $286,166.00 Nichter Construction Company, Inc. 344 Vulcan Street Buffalo, New York 14207 $319,600.00 Kandey Company, Inc. 19 Ransier Drive West Seneca, New York 14224 $361,284.00 Mollenberg Betz, Inc. 300 Scott Street Buffalo, New York 14204 $367,890.00 Butler Construction Company of WNY PO Box 500 63 Zoar Valley Road Springville, New York 14141 $657,000.00 Amherst Construction, Inc. 150 Milton Street Williamsville, New York 14221 $752,000.00 All bids have been reviewed by the Division of Water and the Consulting Engineer and found to be fair and equitable. I hereby certify that the foregoing is a true and correct statement of all bids received and that John W. Danforth Company is the lowest responsible bidder complying with the specifications for Filtration Plant Improvements, Filter Instrumentation Replacement Contract No. 50 - General Construction with their bid of $286,166.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with John W. Danforth Company for the above work in the amount of $286,166.00 and same be charged to the Division of Water's 416-982-016 account. The Engineer's estimate for this work was $650,000.00. REFERRED TO THE COMMITTEE ON FINANCE. No. 23 Change Order No. 1 Construction of New 8 Inch Watermain in Gibson Street City Contract No. 91742300 I hereby submit to your Honorable Body the following change order with Visone Construction for work relating to Construction of New 8 Inch Watermain in Gibson Street, Contract No. 20, City Contract No. 91742300. New Work Item No. 1: Excavation service, backfill and pavement restoration at sixteen (16) services on Gibson Street in the area of rock backfill where conventional installation methods (pushing or drilling) will not be possible. Increase: $ 32,008.00 At the time the contractor was performing the work, they encountered shot rock over the combined sewer in the area of Paderewski Drive. Visone Construction believed at that time that there was a possibility of pushing through it using an additional plastic service sleeve. With more digging in this area, it was found that the rock size is very large (.5CY). This prohibited any pushing in this area. Visone Construction developed a cost impact study showing these service installations as open cut in this area. Sixteen (16) services had to be open cut at a cost of $2,000.50 per service. Costs have been reviewed by the Department of Public Works and the Consulting Engineer and found to be fair and equitable. SUMMARY: Original Amount of Contract $ 212,192.50 Amount of Change Order No. 1 - Increase 32,008.00 Current Amount of Contract $ 250,200.50 Funds in the amount of $ 32,008.00 are available in the Division of Water's 416-Capital Project Fund, 982-004-00-000 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. REFERRED TO THE COMMITTEE ON FINANCE. No. 24 Permission to Prepare Plans And Specifications For The Construction Of City Handicap Ramps - 1994 I hereby request permission from your Honorable Body to prepare plans and specifications and advertise for sealed proposals for the construction of City Handicap Ramps - 1994. Funds for this project will be available in the Engineering Bond Fund Account #200-401-013-00-000. REFERRED TO THE COMMITTEE ON FINANCE. No. 25 Abolish Water Authority Res. #174, C.C.P. 05/31/94 As requested in the referenced Resolution, please be advised at the present time the Water Board has contracts with Ernst & Young and Black & Veatch for rate consultant services. The Ernst & Young contract is for monitoring the existing rate structure in making proposals for short term rates. The Black & Veatch contract is looking at the long-term rate structure of the Water Board and will make recommendations for structure changes in the rates. The Board does not have any employees on payroll. The Water Finance Authority has contracted with R&D Engineering to provide consulting engineering services in conformance with the three-party financing agreement. I hope this information meets the needs of Your Honorable Body. REFERRED TO THE COMMITTEE ON FINANCE. No. 26 William Easterling Water Bill Complaints Item 75, C.C.P. 5/17/94 Flat rate structure is set up by the size of the house, water fixtures in the house, outside sprinkler connections and the size of a lot. It cannot be measured by usage of water at a property because there is no meter to measure water usage. The basic rate for the size of the house is for water usage in the kitchen, laundry tubs and bathroom. If there is a garage and cars are put inside during the summer months, there is a water charge and a sewer charge for each car. If there is a faucet on the outside of the house, there is a water charge only, based on the size of the lot (it takes more water to water the grass on a large yard than a small one). The foot frontage on this charge is the width of the lot along the street (usually this is from the driveway to driveway). The word, "BLOCK" means that the house is not on a corner - it is on the block. The charge for a swimming pool is based on size only and not how many times it is used, drained or filled. Any pool over 2 1/2' x 12' is a large pool. Any pool smaller than this is a small pool. These charges are set down in the City Charter and the Billing Office merely follows the rate procedure. If the customer wants a meter installed so they will be billed for actual water used and not for what water is available, the City provides the meter free of charge but the customer must have it installed by a licensed plumber and it must pass inspection by our Meter Shop. The day the meter is inspected is the day the customer goes on meter and are no longer on a flat rate account. On metered accounts there is a minimum charge of $72.27 (water and sewer) quarterly as long as the meter is in the house. For this minimum, the customer is allowed 3000 cubic feet of water (approximately 22,500 gallons. If more is used than the minimum amount, the bill is increased at a rate of $18.01 (water and sewer) for each 7,500 gallons (1000 cubic feet) of water used during the billing period. Once the customer has switched to meter, they cannot go back to flat rate billing. Mr. Easterling is not being charged for a sprinkler. This charge was removed on May 4, 1987 and has not been put back on. Please be advised the Water Board has hired a consultant who is currently performing a Rate Restructuring Study of the flat rate system. Perhaps in the next year, these fees will be revised. REFERRED TO THE COMMITTEE ON FINANCE. No. 27 Performance Audit Collection of Refuse Item No. 13, C.C.P. 05/17/94 Please be aware that we are in receipt of the Comptroller's study and we are evaluating its recommendations for appropriateness. REFERRED TO THE COMMITTEE ON FINANCE. No. 28 Investigate Integrated Waste Systems, Inc. Item No. 138, C.C.P. 5/17/94 Myself and members of my staff have held numerous meetings with I.W.S., with the Commissioner of Street Sanitation, Corporation Counsel and the Comptroller to investigate the various claims made against I.W.S. We have found nothing to indicate that I.W.S. has in anyway violated our contract. I, therefore, see no reason to make any changes at this time. REFERRED TO THE COMMITTEE ON FINANCE. No. 29 Rescind Contract With Integrated Waste Systems Item No. 148, C.C.P. 5/17/94 Myself and members of my staff have held numerous meetings with I.W.S., with the Commissioner of Street Sanitation, Corporation Counsel and the Comptroller to investigate the various claims made against I.W.S. It was agreed that I.W.S. has not done anything in violation of their current contract. It was also agreed that this contract is good for an additional three (3) more years and that we have no reason or right to re-bid this contract. I feel that the current contract is beneficial to the City, and I see no reason to pursue this any further. REFERRED TO THE COMMITTEE ON FINANCE. No. 30 G. Olma - Reduce Water Rates for Non-Resident Users Item No. 79, C.C.P. May 17, 1994 I am in receipt of a copy of the resolution submitted by Legislator Olma regarding the City of Buffalo, Division of Water's, policy regarding water rates in the City of Buffalo pertaining to the one hundred fifty (150) non-resident rate payers. Please be advised the Division of Water serves the citizens of the City of Buffalo who are in essence taxpayers. Anyone else bordering the City or under an adjacent municipality are charged by their own municipality or Erie County Water Authority. As a service we supply water to approximately one hundred and fifty (150) homes that border the City or Buffalo or outside the City. All water charges not enumerated in the regular consumption of water rates are subject to special rates which are fixed by the Director of Water and subject to the approval of the Buffalo Water Board. That is why these individuals are charged double rates versus those in the City. This situation has been in existence for many years. We advise these individuals when they contact us that this fee is charged because City residents pay not only water/sewer charges but in essence their taxes also contribute to the operation of the water system. We also advise these individuals to contact their municipalities as well as the Erie County Water Authority to see if in the near future these water lines could be terminated from the City main and be hooked up to the Erie County Water's main. In some cases, in the Town of Cheektowaga the sewer charge is paid by the Town of Cheektowaga. This is another avenue these customers may pursue. I hope this answers your concerns. REFERRED TO THE COMMITTEE ON FINANCE. No. 31 610 Main Street Awning within Right of Way Mr. Jesse Kohler of Kohler awning, acting as agent for City Centre, located at 610 Main Street, has requested permission to install an awning which would encroach City right of way at said address. The proposed awning would be located on the Main Street side of the property, measure 13.5 feet in length, 4 feet in height, and project 4 feet from the building face into City right of way. The Department of Public Works has reviewed this application pursuant to Chapter 413-56 (awnings, canopies and Marquees) of the City Ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the city of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 32 L.L. Intro #3- Sr. Deputy Commissioner of Public Works Item No. 194, C.C.P. 03/22/94 I have reviewed the proposed local law which would amend Section 173-A of Article 10 of the City Charter and allow the City Engineer to become the Senior Deputy Commissioner of Public Works. The position of Senior Deputy Commissioner is not funded in the current budget nor will it be funded in next year's budget. The Charter currently lists the City Engineer as Deputy to the Commissioner. Considering that the City Engineer is a licensed professional engineer, I think it would fit in the intent of the Charter if he also becomes the Senior Deputy Commissioner. I therefore support the proposed legislation. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF PARKS No. 33 Request Approval of Agreement Between City of Buffalo and Bladin' It Sports. Item No. 100, C.C.P. May 3, 1994 Attached is a copy of the signed agreement between the City of Buffalo Department of Parks and Bladin' It Sports for the purpose of renting the Lafayette Ice Rink for a Roller (in Line) Hockey League. The agreement was prepared by the Corporation Counsel's Office and is being submitted to you as promised in prior Council Communications. I am requesting your approval and, if I do not hear in the negative, will proceed accordingly. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF FIRE No. 34 Fire Mutual Aid Item No. 142, C.C.P. 05/17/94 The Buffalo Fire Department has responded to Lackawanna for mutual aid once in the last five (5) years. Although records are available to research your request of how many times we respond outside our borders, with over 30,000 calls per year (150,000 for a five year period), much more time would be needed to find the information requested. We are currently in the process of searching our records, and I will forward the data when I receive it. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CORPORATION COUNSEL No. 35 Settlement of Counterclaim against Edward Peak On August 25, 1992, a city police vehicle driven by Officer Dennis J. Richards with Officer James Maroney as a passenger was involved in an accident at the intersection of Pearl and West Tupper Streets. The collision occurred with a vehicle owned and operated by Mr. Edward Peak. A claim was filed against the City of Buffalo by Mr. Peak's insurance carrier, Electric Insurance, in the amount of $1,972.82. Police Officer James Maroney sustained injuries as a result of this accident. The City paid a total of $558.74 in wages and medical expenses as a result of Officer Maroney's injuries. The police vehicle sustained damage in the amount of $2,162.00. Therefore, the total amount of the City's claim is $2,720.74. Continental Loss Adjusting Services, Inc., the subrogee of Mr. Peak's insurance carrier; Electric Insurance, has been negotiating with the Law Department to settle this matter. The Division of Labor Relations agreed to pay Mr. Peak, 50% of his claim which is $986.41. The City is to receive, contingent upon Common Council approval, 50% of its claim which is $1,360.37. The above matter has been reviewed by the City of Buffalo Department of Law and Division of Labor Relations. Police Officer Richards claims he had the green light on Tupper Street. The police were on routine patrol, with neither the police vehicle's lights or siren in operation. The City received a witness statement given by Karrol Johnson. Mr. Johnson was a witness that was not involved in this collision. He stated that traffic on Pearl Street had the green light and that the police vehicle, traveling on Tupper Street, entered the intersection against the red light, striking Mr. Peak's vehicle. In view of the above, and the costs involved, the Law Department recommends and respectfully requests that Your Honorable Body authorize the Corporation Counsel to settle this matter for the sum of $1,360.37, payable to the City of Buffalo. Mr. Pitts moved: That the communication from the Department of Law, dated June 8, 1994, be received and filed; and That the Corporation Counsel be, and he hereby is, authorized to settle the Counterclaim against Edward Peak, in the amount of $1,360.37, payable to the City of Buffalo. PASSED. AYES- 12 NOES- 0. No. 36 Sick Leave Bank - Evelio V. Negron Opinion No. 94-78 Item No. 58, C.C.P., May 17, 1994 Your Honorable Body requested an opinion from the Law Department regarding the Sick Leave Bank created for Evelio V. Negron, an employee of the Parks Department. Our investigation has found that the establishment of a Sick Leave Bank is not an unusual occurrence, nor is it improper. The Collective Bargaining Agreement between the City of Buffalo and Local 264, AFSCME, AFL-CIO effective July 1, 1994 through June 30, 1994, Article IX, paragraph 9.3 allows for the creation of sick leave banks for individuals as needed. The Memorandum of Agreement between the City of Buffalo and Local 264 is the method used to establish the Sick Leave Bank and the terms of its usage. It is the opinion of the Law Department that the Sick Leave Bank created for Evelio V. Negron, an employee of the Parks Department, is reasonable and in order. RECEIVED AND FILED. No. 37 Barbara Jezioro Complaint Assessment Appointment Opinion No. 94-83 Item No. 77, C.C.P., May 17, 1994 Your Honorable Body requested an opinion from the Law Department regarding the complaint made by Barbara Jezioro, a former employee with the Department of Assessment. Ms. Jezioro was hired as a temporary Assessor Trainee from September 1990 to March 1993 after passing the civil service exam. She was hired expressly for one project, and when it ended, she was let go. The basis of her complaint relates to the fact that she was not rehired when an Assessor Trainee was hired in April 1994. Legally, Ms. Jezioro has no claim to the position. The Civil Service list she was on expired on September 27, 1993. The tasks assigned to the new Assessor Trainee are beyond the scope of Ms. Jezioro's previous work experience. The new position is also temporary, and awaits the next exam. In a letter of recommendation for Ms. Jezioro, Mr. Tanzella stated that he would rehire Ms. Jezioro if the opportunity arose. Ms. Jezioro interpreted the statement literally and expected to be rehired once a position emerged. Unfortunately, the needs of the Department of Assessment were not compatible with her skills. Mr. Tanzella's representations in the letter are not legally binding, nor were they meant to be a continuing offer of employment. It is the opinion of the Department of Law that the Common Council can do nothing to address Ms. Jezioro's situation. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 38 D. Kwiatkowski - Oppose Change of Permanent Status Item No. 90, C.C.P., 5/31/94 Opinion No. 94-82 You have referred to this office a letter from Donna Kwiatkowski which asks the Common Council to overrule a decision of the Civil Service Commission and to change Ms. Kwiatkowski's Civil Service status. A review of Ms. Kwiatkowski's documents and the Civil Service Commission's response indicates that Ms. Kwiatkowski was appointed from an eligible list to the position of Stenographer in the Department of Inspections and Community Revitalization on March 1, 1990. Although the Department indicated to Ms. Kwiatkowski that her appointment was to be a permanent position, pursuant to Rule 19(2)(i) of the Rules for the Classified Civil Service of the City of Buffalo, Janet Edwards who at that time held the position of Stenographer in that department on a contingent permanent basis, should have received the permanent appointment. Ms. Kwiatkowski should have been offered the contingent permanent position. Ms. Edwards is clearly entitled to the retroactive permanent appointment. The Civil Service Commission has placed Ms. Kwiatkowski's name on a preferred eligible list for the position of Stenographer. Additionally, the Commission is consulting with the New York State Department of Civil Service to determine if Ms. Kwiatkowski has any additional rights or protection pursuant to the Civil Service regulations. Absent the creation of an additional permanent Stenographer position within the Department of Inspections and Community Revitalization or termination of the leave of absence of the individual currently on leave from this position, it does not appear that Ms. Kwiatkowski's Civil Service status can be altered. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 39 Water Rates and The Common Council Item No. 174, C.C.P., May 31, 1994 Opinion No. 94-81 The Common Council has requested an opinion regarding its authority to control the water rates. More specifically, they wondered if the Water Board could override the Council's changes to the Water Budget. The Common Council cannot control the water rates. Pursuant to the City of Buffalo, Buffalo Municipal Water Finance Authority and Buffalo Water Board Financing Agreement, dated September 24, 1992 and Section 1048-g of the Public Authorities Law, the Water Board has the power to fix the water rates. Article VI, Section 6. 1 of the Financing Agreement requires sufficient revenue to cover operating costs, capital projects and debt service. In addition, the City of Buffalo and Buffalo Water Board Operation Agreement, dated September 24, 1992 offers some guidelines on the City's interaction with the Water Board on the development of the budget. The following outline shows the City's role in the authorizing, preparing and implementing the Water Board's annual budget. After each step, the section of the Financing Agreement ("FA") or the Operation Agreement ("OA") is identified. 1. The City agrees that the Water Board is entitled to advise and consult with the City in all substantially material decisions affecting the operation and management of the water system, including the preparation of the annual budget. OA Section 3.1(B) page 11. 2. It is recognized that the OA grants the Water Board the right to actively participate, prior to and subsequent to City certification of amounts necessary for the fiscal year, in the formulation of budgetary planning. FA Section 6.4(B), page 24. 3. The Buffalo Municipal Water Finance Authority's Consulting Engineer must report to the Authority, the Water Board, the Mayor, the Common Council and the Trustee regarding his recommendations on the proper operation, maintenance and repair of the water system, the current status of the water system, and the dollar amounts necessary to maintain it. FA Section 6.2, page 22. 4. The Water Board must receive from either the Consulting Engineer or the Rate Consultant a certificate that attests the reasonableness and appropriateness of the amount the City certified as necessary for the operation and improvement of the Water System. OA Section 6.2 (A) (2), page 16. 5. The annual budget is prepared by the Water Board in consultation with the City based on information contained in the Authority Budget, the City's Certification, the Consulting Engineer or Rate Consultant's certificate and the Consulting Engineer's Report. FA Section 6.4 (C), page 24. 6. The City must certify to the Water Board the amounts necessary to operate and improve the water system within five days after the budget has passed. No later than June 30, the Water Board shall establish the rates, fees and charges used by the Water System for the ensuing fiscal year. FA Section 6.4, page 24. 7. If the Consulting Engineer concludes that the certified amounts from the City are not reasonable and appropriate, the Water Board with the concurrence of the Authority may adopt findings as to the necessary amounts, the Water Board certifies its findings to the City, and the City shall promptly amend its budget accordingly. OA, Section 6.2(A)(2), page 16. 8. Should either the City or the Water Board fail to comply with the terms of the Agreements, it would be considered a default if it continues for 60 days after written notice. FA, Section 8. 1(B), page 29. 9. The Authority or the Trustee may sue to enforce the Agreements if the default continues. FA, Section 8.2(A), page 29. The Agreements make it clear that the Common Council has a very limited role in setting the water rates. The Water Board has a duty to ensure that sufficient revenue flows into the water budget. REFERRED TO THE COMMITTEE ON FINANCE. No. 40 Shoeshine Stand Status Report Item No. 139, C.C.P., May 17, 1994 Item No. 90, C.C.P., Nov. 11, 1993 Your Honorable Body has requested the Law Department's comments regarding the Common Council's ability to grant Geoffrey Odom's request to operate a shoeshine stand in City Hall. As expressed in Item No. 37, C.C.P., November 30, 1993, Section 23(b) of the General City Law requires that the lease of City property or of a City franchise be approved by a three-fourth vote of the Common Council after public auction to the highest bidder upon appropriate publication of notice. At present, the bidding process has not been completed. Until notice requesting additional bids for the operation of a shoeshine stand has been published, Geoffrey Odom's proposal cannot be accepted. Once adequate time has passed, if there have been no more bids, pending Your Honorable Body's approval, Geoffrey Odom can be granted permission to operate a shoeshine stand in City Hall. REFERRED TO THE COMMITTEE ON FINANCE. No. 41 Community Fest Item No. 193, C.C.P., May 31, 1994 The above item has been referred to the Corporation Counsel for review and comment. The item proposes to grant permission to Masjid Nu' Man and Images of Us to use city owned property at the corner of Fillmore Avenue and French Street, from May 28 to September 1, 1994 for a summer-long community project. The item includes a certificate of insurance naming the City of Buffalo as certificate holder. Please be advised that there is no legal impediment to this particular proposed use because the property is to be used for a public purpose and will be open to the community, and because the sponsors have provided the city with adequate insurance covering activities to be held at the property. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 42 Cazenovia Park - Fund Transfer I am requesting permission from Your Honorable Body to transfer $36,000 from Community Development Bond Fund Account 200-717-005 (Cazenovia Park) to Public Works Bond Fund 200-402-061. This will allow the comptroller sufficient funds to encumber a contract for repairs to the Cazenovia Park ice Rink and the Tosh Collins Community Center, located in the park. Your Honorable Body has previously approved bids for the above work under an item from the Department of Public Works. I recommend that Your Honorable Body authorize this fund transfer. REFERRED TO THE COMMITTEE ON FINANCE. No. 43 Reporting Of Expenditures For Crossroads Arena Pursuant to your request, please find attached a copy of a listing of the expenditures, thus far, for the Crossroads Arena project. DISCUSSION To aide in the review of the listed items, I have prepared the following explanations: A. Items 1, 2, 3, 11 and 20 are for publication of official notices. B. Items 4, 6, 7, 8, 9 and 10 are for land value appraisals. C. Items 5, 16 and 22 are for the survey and preparation of the environmental impact statement. D. Items 12, 17, 18, 19, 23, 35 and 38 are for legal bills for land acquisition, environmental examination and eminent domain condemnation proceedings. E. Items 13 and 14 are for stenographic transcripts. F. Items 15 and 40 are for land surveys. G. Item 21 is for the "Cobblestone District" study. H. Items 24, 30, 36 and 37 are reimbursement of CAC expenses incurred pursuant to the Memorandum of Understanding. I. Items 25, 26, 27, 28 and 32 are the amounts negotiated for the purchase of land at the Crossroads site (only 27 & 32 have been paid thus far). J. Item 29 is for xerox copies. K. Item 39 is for insurance coverage on newly acquired parcels. L. Finally, item 33 is interest earned on the Pinto escrow account held by M&T pending closing and then 34 is a repayment of unused filing fees. CONCLUSION I trust this is the information you wished to examine. I will update it periodically. In the interim, if you have any questions, do not hesitate to call me. REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE. No. 44 New Buffalo Industrial Park LDA-Empire Glass Block Portion of Disposition Parcel #5-1.39 Acres The City of Buffalo Urban Renewal Agency duly designated Empire Glass Block and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary 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. 45 Thruway Industrial Park-Phase II LDA-DeCarolis Truck Rental, Inc. 6 Acre Parcel at Corner William St and Monsignor Valente Dr The City of Buffalo Urban Renewal Agency duly designated DeCarolis Truck Rental, Inc. and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary 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. FROM THE COMMISSIONER OF STREETS No. 46 J. Brem - Oppose Purchase 60/40 Sanitation Trucks Item #73, CCP May 17, 1994 As Commissioner of Street Sanitation, I welcome the opinions of Mr. Brem. He obviously put much time and effort in bringing his concerns to your Honorable Body. The City of Buffalo is required by ordinance to recycle. Since the Masiello administration has taken office, it has been the task of this department to revamp all aspects of service provided to the citizens of Buffalo at the most efficient and economical manner. Enter the 60/40 Truck. This vehicle is a major part in the departments goal to cut costs in the refuse and recycling functions of the Department, and at the same time follow the requirements of the City Ordinance. I, along with Deputy Commissioner Peter Rose, Local 264 President, John Scardino, and the rank and file of the Department, have thoroughly investigated all vehicles available at this time. Much time, effort, and investigation has taken place so that the department would not be stuck with equipment that would be inoperable or antiquated in a few years, thus causing the City the expensive proposition of re-tooling its equipment all over again in a matter of a few years. In his statement, Mr. Brem talks about the 60/40 truck hydraulically breaking and crushing the glass and metal, thus reducing its dollar value to the City. All of the 60/40 trucks that we have looked at have the ability to have the hydraulic pressure adjusted to minimize breakage and the crushing of plastic and metals. I agree that the total separation of recyclable materials would be in the best interest of the City and the environment. The Department is very close to announcing a Pilot Program that will have City residents bring their yard waste to one of nine drop-off points, where that material would be placed into a packer and brought to Parker Bay for composting. We believe that with the manpower we currently have available, and with the purchase of the 60/40 truck, the department will have the flexibility to abide by the ordinances of our City, and at the same time, stay within the confides of the dollars available to the department to perform the refuse and recycling functions of the department. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 47 Report of Emergency Bid for Demolition of 327 Rhode Island Due to the very serious and hazardous condition of the building located at 327 Rhode Island, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on April 12, 1994 and that the contract will be awarded to J. Martin. ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 327 Rhode Island J. Martin City of Buffalo $8,250.00 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully report to your Honorable Body that the cost of the project is to be charged to the Capital Outlay Fund #100-241-085-00-900. Mr. Pitts moved: That the communication from the Department of Inspections and Community Revitalization, dated May 26, 1994, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to J. Martin at a cost of $8,250.00, relating to 327 Rhode Island, is hereby confirmed, ratified and approved, with said cost to be charged against the Capital Outlay Fund #100-241-085-00-900. PASSED. AYES- 12 NOES- 0. No. 48 Local 2651, AFSCME, AFL-CIO Collective Bargaining Agreement Attached please find a Contract Settlement Agreement between the City of Buffalo and Local 2651 AFSCME, AFL-CIO, dated May 24, 1994 for the period of July 1, 1993 until June 30, 1995. This Agreement was then ratified by the membership of Local 2651 by a margin of 97% in favor on June 2, 1994. This Agreement is applicable to the 57 members of Local 2651, the City's Building Inspectors, and provides for a one time increase into the base of $2,000 per employee covered by the agreement, and then a 4% increase for the fiscal year 1993-1994, and a 2.5% increase for the fiscal year 1994-1995. Modifications were agreed upon that resulted in the elimination of the practice of summer working hours as well as the implementation of the "Mayor's" health care plan. Additionally, an agreement was reached that provides for unprecedented job security and joint responsibility for effective and efficient use of limited resources, whereby the City agrees not to lay off any permanent employee in the Bargaining Unit during the life of the Agreement. Your approval of this Agreement is respectfully requested. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ADMINISTRATION & FINANCE. No. 49 Proposal for the Grants & Resources Network Partnership The City of Buffalo's policy requires that all grants entered into by any department be approved by the Common Council before an account can be established or funds expensed. I hereby request your Honorable Body accept the attached proposal for the Grants and Resources Network Partnership. Some checks for the seed funding have already been forwarded to the City and it is imperative that this grant be accepted so Accounting can start working on its administrative procedures. Thank you for your cooperation in this matter. Mr. Pitts moved: That the communication from the Department of Administration and Finance, dated June 10, 1994, be received and filed; and That the Commissioner of the Department of Administration and Finance be, and she hereby is, authorized to accept the attached proposal for the Grants and Resources Network Partnership. ADOPTED. No. 50 Authorize PILOT Agreement 104 Lewis Res #200, C.C.P., 5/31/94 This project is being run by a non profit organization, the Polish Community - Center and is not receiving any block grant or H.O.M.E. funding. Not for profit corporations would not pay city property tax any way so the 10% P.I.L.O.T. is better than nothing. This is not an ECIDA pilot but by ECIDA standards 10% is very low. Most are in the 50% tax range. I would recommend a 5 year review with an open ended contract so we could change the rate if necessary. Forty years is a long time. Also, the word "lesser" should be changed to "greater" to benefit the City. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 51 Amendment to Contract Between the Buffalo Municipal Housing Authority and the City of Buffalo Division of Substance Abuse Services Item #71, CCP, 4/27/93 The City of Buffalo Division of Substance Abuse Services is requesting to accept additional contract money with the Buffalo Municipal Housing Authority and the New York State Division of Housing and Community Renewal, in the amount of $45,000 on approved CCP #71, 4/27/93 for $90,000. These monies will be used to supplement our existing program within the Division of Substance Abuse Services for fringe benefits, supplies, utilities, travel, transportation and prevention services. Again, please understand that this -is additional money on top of a contract that has already been entered into agreement between the aforementioned agencies. Your consideration is greatly appreciated. Mr. Pitts moved: That the communication from the Department of Human Resources, dated June 6, 1994, be received and filed; and That the Division of Substance Abuse Services be, and hereby is, authorized to accept $45,000.00 from the Buffalo Municipal Housing Authority and the New York State Division of Housing and Community Renewal, as more fully described in the above communication. PASSED. AYES- 12 NOES- 0. FROM THE CIVIL SERVICE COMMISSION No. 52 Election of President Please be advised that at the Commission meeting held on June 1, 1994, Paschal C. Rubino was elected to serve as the new President of the Civil Service Commission. We also announce that Edward J. Mahoney has been appointed by Mayor Anthony Masiello to serve as a new Commissioner with the Civil Service Commission. RECEIVED AND FILED. No. 53 Barbara Jezioro Complaint Appointment in Assessment Item No. #77, C.C.P. 5/17/94 Barbara Jezioro placed #1 on the eligible list for ASSESSOR TRAINEE which was adopted September 27, 1989. In November 1989, three (3) permanent appointments were made to this position, all in accordance with Civil Service Thaw and Rules. Ms. Jezioro was not selected for appointment. In September 1990, a number of temporary appointments were made, one of which was Ms. Jezioro. Said temporary appointments were terminated upon the completion of assignment, however, no other permanent appointments were made from said eligible list since the original appointments in 1989. The eligible list expired as a matter of law on September 27, 1993. Mr. Herndon's appointment subsequent to the expiration of the eligible list was appropriate in accordance with Civil Service Law and Rules. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 54 D. Kwiatkowski - Oppose Change of Permanent Status Item #90 C.C.P. 5/31/94 Upon the preparation of lay-off reports relative to reduction in force within the City of Buffalo, a question arose regarding the abolishment of a Stenographer position in the Department of Inspections and Community Revitalization. Although the records indicated Ms. Kwiatkowski was a permanent Stenographer and Ms Janet Edwards was a contingent permanent Stenographer (during the leave of absence of Mabel Porter), this office was concerned by the fact that an employee with 23 years of service would be displaced by an employee with 4 years of service. This office consulted with the New York State Department of Civil Service regarding this matter and it was concluded that pursuant to Rule 19 of the Rules for the Classified Civil Service for the City of Buffalo, Ms Kwiatkowski's status must be changed to contingent permanent and Ms. Edwards status must also be changed, retroactively, to permanent This office is once again consulting with the New York State Department of Civil Service to ascertain whether the Civil Service Commission has the authority to replace airy permanent Stenographer who was hired subsequent to Ms. Kwiatkowski's appointment date. We are awaiting their response. Ms. Kwiatkowski's name has been placed upon a preferred list for the position of Stenographer and when a request for certification for a permanent Stenographer is received by this office from any City department, Ms. Kwiatkowski's name will be certified. Furthermore, the change in Ms. Kwiatkowski's status from permanent to contingent permanent does not affect her seniority or benefits. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No. 55 Mayor Reported Out of State I transmit herewith a communication received by me from the Mayor, reporting his absence from the state from, 8:05 A.M. Friday, June 10, 1994 to 5:00 P.M., Tuesday, June 14, 1994. RECEIVED AND FILED. No. 56 Disposition of City Records The following departments have requested to dispose of City Records as indicated on the attached forms. Based on the information provided I have authorized the disposition of these records in my capacity as City Records Management Officer Dept. of Inspections & Community Revitalization RECEIVED AND FILED. No. 57 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 381 Busti Ave. Jose Luis Rivera REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 58 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Inspections and Community Revitalization- Nancy L. DeMartino General Services- Christine A. Schalberg RECEIVED AND FILED. No. 59 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority Emergency Medical Services Board Youth Board Zoning Board of Appeals RECEIVED AND FILED. No. 60 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF STADIUM & AUDITORIUM Appointment effective May 31, 1994 in the Department of Stadium & Auditorium Division of Pilot Field Stadium to the position of Laborer I, Seasonal, at the Flat starting salary of $ 6.22 hr. Israel Gonzalez, 300 Massachusetts Ave., Buffalo, 14213 Keith Littlejohn, 18 Drexel Road, Buffalo, 14214 Appointment effective June 10, 1994 in the Department of Stadium & Auditorium, Division of Pilot Field Stadium to the position of Laborer I, Seasonal, at the Flat starting salary of $6.22 hr. Gary Moore, 488 4th Street, Buffalo, 14210 Mario Hall, 47 Ericson Street, Buffalo, 14215 Peter Nigrelli, 160 Bloomfield Avenue, Buffalo, 14220 DEPARTMENT OF ASSESSMENT Appointment effective June 2, 1994 in the Department of Assessment Antoinette G. Vona, 108 Dempster Street, Buffalo NY 14206, to the position of Clerk, Seasonal, at the Flat starting salary of $5.20 hourly. DEPARTMENT OF PUBLIC WORKS Appointment effective June 1, 1994 in the Department of Public Works, Division of Water, to the position of Water Service Worker, Seasonal, at the flat starting salary of $6.26/Hr. David Vogl, 382 Abbott Road, Buffalo, 14220 Victor Orlando, 232 Linden Avenue, Buffalo, 14209 Damone J. James, 730 Northampton Street, Buffalo, 14211 Perry Sullivan, 416 Ashland Avenue, Buffalo, 14213 Donald J. Skowron, Jr., 35 Groveland Avenue, Buffalo, 14214 DEPARTMENT OF PARKS Appointment effective May 31,1994 in the Department of Parks, Division of Recreation, to the position of Supervising Lifeguard Temporary, at the Flat starting salary of $ 5.98 hr. Kathleen Callahan, 606 McKinley Parkway, Buffalo 14220 Paul Delano, 807 Bird Avenue, Buffalo 14222 Gregory Harris, 542 Winslow, Buffalo 14215 Karl Kozlowski, 76 Howell, Buffalo 14207 Dennis Sanders, 40 Fosdick Street, Buffalo 14209 Steven Alvarez, 519 South Legion, Buffalo 14220 Linda Permick, 18 Wyandette, Buffalo 14207 Michael Fitzpatrick, 324 Downing, Buffalo 14220 Appointment effective June 1,1994 in the Department of Parks Division of Recreation, John Granville, 7 Marine Drive, Buffalo 14202, to the position of Supervising Lifeguard ,Temporary, at the Flat starting salary of $5.98 hr. Appointment effective June 2,1994 in the Department of Parks, Division of Recreation, Kenneth Benton, 186 L Donovan Drive, Buffalo 14211, to the position of Supervising Lifeguard, Temporary, at the Flat starting salary of $5.98 hr. Appointment effective June 9,1994 in the Department of Parks Division of Recreation, to the position of Supervising Lifeguard, Temporary, at the Flat starting salary of $5.98 hr. Mark Flanagan, 43 Hammerschmidt, Buffalo 14210 David Rodriguez, 3210 Main, Buffalo 14214 Appointment effective May 31, 1994 in the Department of Parks, Mary Thomas, 55 1/2 Arkansas ,Buffalo 14213 to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hour. Appointment effective June 1,1994 in the Department of Parks Division of Recreation to the position of Laborer II, Seasonal, at the Flat starting salary of $ 6.92 hr. Richard Calorico, 349 Newburgh, Buffalo 14215 Joseph Marchitte, 434 Fourteenth St., Buffalo 14213 Appointment effective June 2,1994 in the Department of Parks, Division of Recreation, Matthew Whelan, 280 Choate, Buffalo 14220 to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hr. Appointment effective June 6,1994 in the Department of Parks, Division of Recreation, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hr. Daniel Karlinski, 349 Walden, Buffalo 14211 Vincent McCarthy, 26 Sunset, Buffalo 14207 Appointment effective June 9, 1994 in the Department of Parks, Division of Recreation, to the position of Laborer II, Seasonal, at the Flat starting salary of $ 6.92 hr. Jonathan Cohill, 82 Oxford, Buffalo 14209 John Fracos, 21 Peoria, Buffalo 14207 DEPARTMENT OF STREET SANITATION Appointment effective May 27, 1994 in the Department of Street Sanitation, Leon K. Edwards, 468 Jefferson Avenue Buffalo, New York 14204, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hr. DEPARTMENT OF GENERAL SERVICES Appointment effective May 31, 1994 in the Department of General Services, Division of Inventory & Stores, Michael A. McCool, 4 Sidway St., Buffalo, 14210, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92/Hr. DEPARTMENT OF CIVIL SERVICE COMMISSION Appointment effective May 31, 1994 in the Department of Municipal Civil Service Commissioner Ollie Williams, 427 Pratt Street, Buffalo, NY 14204, to the position of Civil Service Nurse, Temporary at the Flat starting Salary of $15.60 hour. No. 61 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF PUBLIC WORKS Appointment effective May 31, 1994 in the Department of Public Works, Division of Water, Patrick M. McManus, 24 Ericson Street, Buffalo, 14215, to the position of Caulker, Temporary, at the Minimum starting salary of $ 21,765. DEPARTMENT OF POLICE Appointment effective May 26, 1994 in the Department of Police, to the position of Senior Cellblock Attendant, Permanent at the Minimum starting salary of $23,243. Patrick P Baggott, 1340 E Delevan Avenue, Buffalo 14215 Mary E. Bettinger, 74 Bloomfield Avenue, Buffalo 14220 Michael Szpara, 50 Junior Avenue, Buffalo 14210 Carmen D Clark, 203 W Woodside Avenue, Buffalo 14220 Michael R Mulderig, 56 Eaglewood, Buffalo 14220 DEPARTMENT OF LAW Appointment effective May 26, 1994 in the Department of Law Marianne Vara, 157 Norwalk Avenue, Buffalo, NY 14216, to the position of Legal Stenographer, Permanent, at the Minimum starting salary of $ 22,394. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 62 ASSOCIATED HEALTHCARE Request Handicapped Parking Designation For over the past five years we have been operating our business at 1031 Main Street dealing with individuals who need medical supplies for themselves or members of their family. Many of these individuals are themselves handicapped and are wheelchair dependent. Our store is designed to be handicap accessible and the showroom has been laid out to allow for wheelchair movement. The problem is that many of these individuals who would like to avail themselves of our services cannot park in front of our building. The reason for this is because there is no Handicapped Parking available nor is there wheelchair access from the street. To demonstrate how much of a need Handicapped parking is, we have collected over 700 signatures from concerned citizens who support Handicapped parking in front of our building. We would appreciate your assistance in having a "Handicapped Parking Area" designated which includes a "wheelchair access cut". This designated space would be a great assistance to our clients while at the same time serve the Institute for Addition, which is located adjacent to out location. Thank you for considering this request. We would be very happy to address any concern you may have concerning this project and its benefit to our city. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. No. 63 BAILEY/AMHERST DIST. MGMT. ASSN., INC. Budget 1994-1995 Attached for your review and consideration, is the proposed budget for the continued operation of the Bailey Amherst Business Improvement District. The budget approved by the Board of Directors of the Bailey Amherst District Management Association. Inc.,. at its meeting of March 29, 1994 is submitted to you for inclusion in the 1994 -1995 City Budget. The funds will be raised by special assessment, on the properties within the District in accordance with the procedures of the City Business Improvement District Law, a part of the General City Law of the State of New York. Representatives of the Management Association are available to discuss the program with you if you so desire. Thank you for your continued support. REFERRED TO THE COMMITTEE ON FINANCE. No. 64 BCAM Continue As Provider For Public Access TV Buffalo Community Television, Inc., doing business as Buffalo Cable Access Media (BCAM), is pleased to submit a response to the City's request for proposals for a cable television system operator. BCAM would like to clarify, however, that it is not submitting this proposal to be considered a cable television system operator, but rather seek the approval of the City to continue to be the provider of public access services in Buffalo and to make recommendations for the future development of public access television in Buffalo. This document outlines a range of services for the City to consider as it negotiates the cable television franchise agreement. We invite the City to consider all or a portion of the services outlined in our proposal for inclusion in Buffalo's cable television franchise agreement. There are ten (10) major recommendations detailed in our proposal to be reviewed for consideration in the cable television franchise agreement Costs are provided for each of the service areas, with the exception of the civil institutional network and the satellite downlink/teleconferencing system. Costs for both of these recommended services are difficult to estimate without knowing which features will be provided directly by the cable system operator. We recognize that capital and operating funding for the continuation of public access will be a part of the negotiating strategy that will come out of discussions with the selected cable television operator. However, we would like to be given the opportunity to formally present our document, so that we can directly respond to questions about the outstanding services that have been detailed in our proposal. If there is additional information and/or clarification needed, please feel free to contact me at 838-8196. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 65 J. BURNEY Offer Service To Develop Government Access Channel Please consider this document as an informal response to the RFP released by the City regarding a cable operator for the city of Buffalo. I characterize this as an informal response for a number of reasons. One primary reason is that l do not wish to apply as a cable operator, but rather l wish to offer my services, expertise, and knowledge in helping the City develop one particular aspect of the overall cable franchise. This specific area is the government portion of the PEG (public education and government access.) Without question, a well developed Government Access program will benefit the city, the cable subscriber, and the overall population of the City of Buffalo in a wide range of ways which are described in detail in the enclosed document. Mr. Pitts, chair of the CATV committee, has suggested that any individual, group, or interested party that wishes to play a part in the new cable franchise, should respond to the RFP. Because this RFP is issued primarily in order to attract a cable operator, it remains unclear as to exactly how to characterize PEG administration and operations issues. A government channel operation fully developed, is an important aspect of cable service for Buffalo. Because of State Cable Commission regulations regarding the operations and administration of a "G" channel which indicate an appointed committee or commission, my proposal does not involve my administering these specific activities. Therefor this proposal is not accompanied by an application fee or a surety bond. However l would be pleased to help establish such an administrative or managerial function and construct a development and operations scenario and project. (i.e. City Office of Telecommunications). I would be pleased to offer my services as a development consultant, project manager or director, program coordinator, and/or producer, for any number of opportunities suggested by Government Access. Most of you are aware of my activities with the Buffalo Cable Television Policy Board and my production and activist credentials in the areas of PEG and government access. A brief resume accompanies this document. I would be pleased to discuss any questions or suggestions that you may have regarding this proposal at your convenience, and please do not hesitate to call. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 66 T. CONRAD Suggestions For Negotiations For Cable Operator Over the last four years, I have dedicated much time and thought to the City of Buffaloes cable television system. While attending and participating in three national conferences on cable issues, I documented many of the sessions, then edited and showed them on public access here in Buffalo. In producing several hundred other education access and public affairs programs here in Buffalo, I "tested the waters" of practical cable TV production. As a Board member at Media Alliance (a statewide media advocacy organization) and through my directing of Buffalo Learning Television, I gained important perspectives on Buffalo's opportunities. In my capacity as a media teacher and academic, I have written grants--some still pending--to bring substantial funding into Buffalo, to study and activate cable's potential for education and community growth. I am on the Leadership Summit Education Committee of the NYS Legislative Task Force on African American Issues. I have also supported the Community-Wide Education and Information Services initiative at WNED; appealed to the University at Buffalo to link itself with the Buffalo cable system; and co-authored the report of the Buffalo Board of Education Committee on Education Access Cable Television. Finally, and far from least, I have served on the Common Council's Cable Television Policy Board, most recently as its Chair. Drawing from this diverse experience, I have condensed two "images," each of them possibly a picture of Buffalo. These two reports--one on the Education/Cable System, and the other on Data Services--represent needs that can be met, for the inestimable benefit of our neighbors and of the City as a whole, during our decisive negotiations for a cable access operator. I have passed the attached reports among a few professionals I work with. As with any such broad vision, there are areas where one of them would increase emphasis, and other areas where another would wish for less. Overall, however, I have had a strong response: these are documents which should be made available, as yardsticks to gauge the varied proposals and suggestions that will come before us. I will be happy if any of the programs which these papers describe catch the eye of a Council member. There are advantages to be garnered in every sector of the City during our cable negotiations. However, I will be most pleased if I am able to suggest opportunities for serving those most in need of educational advantages (while saving money in flee process); --opportunities to start strong and sensible programs that will continue on their own steam, gathering community strength and funding support as they go; --and opportunities to make television a source of family stability and community growth in Buffalo. I hope to discuss some of these suggestions, proposals, and models from other cities with each of you during the coming weeks. REFERRED TO THE SPECIAL COMMITTEE ON CATV. No. 67 D. EVCHICH INS. AGENCY Vandalism 826 Tonawanda Per your request I am writing this letter with regards to the constant vandalism and theft behind my building at 826 Tonawanda Street, Buffalo, New York. Kids from the neighborhood have been cutting thru the library from Tonawanda Street to Briggs and in the interim are damaging both the fence, my vehicle, and my employees vehicles. I am therefore request the council to give permission to me to eliminate the fence behind my building and put it in front of everyone site in front of the library and cinder block the opening between my building and library. This will deter the kids from cutting holes in the fence and using this shortcut. I will await your response. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF COMMUNITY DEVELOPMENT, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL. No. 68 FRIENDS OF THE BUFFALO RIVER Comments - Use of 20 Buffalo River I am writing in response to a request from the Buffalo Common Council, as per resolution 99 C.C.P., to review the "(Gelinmac Storage Corporation" proposal to use a grain elevator at 60 Childs Street for the manufacturing of animal feed. Overall, the Friends of the Buffalo River wholeheartedly support the preservation and reuse of the grain elevators and other historic buildings on the Buffalo River. We especially welcome Mr. James' statement In his May 3rd letter to you that "every effort will be expended to maintain a good neighbor relationship." Specifically, we would like the Gelinmac Corporation to be aware of two issues that concern us and the greater Buffalo community: 1. The 25-foot setback. Any modifications to the site or building should not infringe on the required minimum of 25 feet of open space buffering the river. We would be very happy to assist Mr. James in developing a practicable plan for enhancing this area. 2. Good Neighbor Agreements. As members of the Seneca-Babcock Good Neighbor Committee, the Friends have been meeting with industry representatives in the Buffalo River area with the objective of developing specific agreements that minimize the negatives and maximize the positives of that industry to neighborhood and river residents (human and wildlife populations). The Gelinmac Corporation should address the concerns with its solid fuel burning process which were raised by the DEC--specifically, the questions concerning emissions of dioxins, other pollutants, particulates, and noxious odors. Before issuing a permit, the City should know whether manufacturing or storage at the site involves any potentially hazardous runoff or discharge to water or air, and, if so, what steps will be taken to eliminate the hazard. Thank you for the opportunity to comment on this proposal. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 69 JONATHAN GREENE Waive Interest - Water Bill 647 Lasalle I am requesting that this letter be filed with the common council. I own 2 properties in Buffalo at 647 Lasalle and 367 Winspear, they were both bought roughly 4 years ago at the suggestion of a long time friend who has been a real estate manager in Buffalo. This individual was hired to manage the properties, collect rents, etc. He has done a horrible job and it has cost me thousands of dollars at a time when I can least afford it. I am writing this letter because it was recently brought to my attention by my new property manager that both houses received turnoff notices for the water due to nonpayment. This was a situation that I did not know the severity of. I didn't receive statements of record from my former property manager and I thought that it was being paid periodically. Please note that no bills or notices were ever sent directly to me, the owner of the houses. I am perfectly willing to pay the entire principle amount of the bill and have already begun to do so. I am requesting that the interest charged to me (which I had no idea of) which supposedly is for $446.62, be waived. I realize that this might be an unusual request, however not only wasn't I properly informed, but this has also caused me an immense amount of financial hardship. It is difficult enough for me to pay it all back even if I have to borrow it. Please note that my credit rating is impeccable as I am sure you may verify for yourself. I thank you for putting this before the Common Council-and I await your prompt reply. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 70 LEBIS ENTERPRISES, INC. Complaints On Crossroad Demo. Phase Bid Process It is my understanding that you are the Council Chairman for the Crossroads Arena Project. My firm submitted a bid for the demolition phase of this project. When the bids were submitted, we were aware that the bid opening was to be held privately. Since this time I have discovered that the City is funding money for this project. 'Why is it that this project wasn't public information? With submitting a bid for this project my firm had to supply the Crossroads Arena Corporation with a bid bond. As of this date, bid results have not been released nor has our bid bond been returned. By holding our bid bond our bonding capacity for this amount is on hold until bid results are released. I would appreciate you looking into this matter and providing me with the answers I am seeking. Thank you for your time regarding this matter. I will await your response. REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE. No. 71 LINCOLN ARCHIVES, INC. Bid-Storage Space - Archive Materials In response to your letter of June 1 regarding storage space for your archival materials, we are submitting the enclosed bid. In addition to ample storage space, we have all the necessary equipment to fulfill your requirements. We would appreciate your careful evaluation of our bid and look forward to hearing from you about it. Mr. Pitts moved: That the communication from Lynn E. Henry, Leasing Manager for Tri-Main Development L.P., dated June 9, 1994, be received and filed; and That the City Clerk be, and he hereby is, authorized to award a contract for secured storage space of 700 square feet for archival materials, to Tri-Main Development L.P., at a cost of $550.00 per month for two years. PASSED. AYES- 12 NOES- 0. No. 72 A. PAGE "Pedestrian Only" Stenciling on Ring Road On behalf of the hundreds of walkers and joggers around Delaware Park, I am requesting that the obliterated stencil signs on Ring Road be repainted immediately. In addition to "Pedestrians Only, Bicycles Prohibited" please include "Roller Blades Prohibited" also. People using roller blades have increased in number, and I have experienced them weaving in between the walkers and joggers, which can be hazardous. We would appreciate action as soon as possible. REFERRED TO THE COMMISSIONER OF FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF PARKS. No. 73 C. PALADINO Resignation-Casino Gaming Task Force While I was out of town last week, I learned that my name had been submitted by Sergio Fornasiero, to you, to be appointed as a member of the Casino Gaming Task Force for the City of Buffalo and I have received a letter from Charles Michaux, the City Clerk, advising of my appointment. I presently serve as a Director of Buffalo Place and the Horizons Waterfront Commission, as a member of the Financial Plan Commission and on other civic and institutional boards, all of which consume volumes of time. I recently resigned from the City of Buffalo Parking Board after having served for over ten years. I appreciate your intentions, however, I respectfully decline an appointment to the Casino Gaming Task Force. Thank you for your attention to the above. RECEIVED AND FILED. PETITIONS No. 74 Process Welding, owner, petition to use 667 Tifft St. for an office addition. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 75 Symphony Circle Assoc., owner, petition to use 235 North St. for a ground sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 76 Marion Saunders, owner, petition to use 23 Oakgrove for a 2 family dwelling. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 77 Pano Georgiadis, owner, petition to use 1081 Elmwood for a Sit-in Restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS. No. 78 Anthony Petronella and Others oppose Prospect Avenue demolitions for D'Youville College Parking lot. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY DEVELOPMENT. REGULAR COMMITTEES CIVIL SERVICE HON. ROSEMARIE LOTEMPIO CHAIRMAN No. 79 Sick Leave Bank - E. Negron (A&F) (Item # 58 CCP May 17, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 80 Sick Leave Bank - J. Fitzgerald (A&F) (Item # 71 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 81 Memorandum of Agreement Buffalo Municipal Housing Authority (Local 815) (Item No. 67, C.C.P., May 17, 1994) That the Memorandum of Agreement between the Buffalo Municipal Housing Authority and Local 815, Civil Service Employees Association, representing Public Safety Unit, for the contract period July 1, 1992 through June 30, 1995 be, approved and ratified. PASSED. AYES- 12 NOES- 0. No. 82 Salary Ordinance Amendment 20 - Department of Police 4 - Bureau of Administrative Services 004- Communication and Records (Item No. 203, C.C.P., May 31, 1994) That the Salary Ordinance Amendment as contained in Item No. 203, C.C.P., May 31, 1994, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 83 Appointment Teller That Communication No. 73 May 31, 1994 be received and filed and the temporary promotional appointment of Christine A. Schalberg stated above at the maximin salary $23,245.00 effective on May 31, 1994 is hereby approved. PASSED. AYES- 12 NOES- 0. No. 84 Notices of Temp./Prov./Perm. Appts (C. Clerk) (Item # 82 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 85 Construction Project Agreements (Item # 146 CCP November 30, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 86 Report on Abolishment of Water Authority (Item No. 174, C.C.P., May 31, 1994) That the Corporation Counsel be requested to submit a written report to this Honorable Body detailing the following: 1. The steps that would have to be taken to abolish the Water Authority and allow the City to revert to its previous water distribution system; 2. The steps that would have to be taken for the City to lease and operate the water system; 3. What methods the Common Council has at its disposal to challenge any water rate increases that it deems excessive; and That the Commissioner of Public Works be requested to submit a report detailing: 1 The names of all attorneys, advisors and consultants who have been on the payroll of the Water Authority; 2. The nature of the work performed by those attorneys, advisors and consultants. ADOPTED. No. 87 Support Agreement for Traffic Signal Work (PW) (Item # 28 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 88 Solicitation of Funds Application Citizen Action of New York (Item No. 110, C.C.P., May 31, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved: That the Commissioner of Public Works be and hereby is authorized to grant an exemption to solicit funds under Chapter 316, Article VI of the City of Buffalo Ordinances to Citizen Action of New York within the City of Buffalo from June 1, 1994 to September 30, 1994. PASSED. AYES- 12 NOES- 0. No. 89 Negotiate Private Sale - 724 Northampton (Item No. 85, C.C.P., May 17, 1994) That the Comptroller be, and he hereby is authorized to negotiate with Wendell Whitaker, 722 Northampton, for the private sale of 724 Northampton and report to this Honorable Body the results of such negotiations. ADOPTED. No. 90 Status - Vacant lot 724 Northampton (ICR) (Item # 68 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 91 Permission to Negotiate - 38 Lemon (Item No. 16, C.C.P., May 31, 1994 That the Comptroller be, and he hereby is authorized to negotiate with Carol Schweickert, 63 Locust, for the private sale of 38 Lemon and report to this Honorable Body the results of such negotiations. ADOPTED. No. 92 Results of Negotiations - 174 N. Parade 567 Fillmore (Item No. 21, C.C.P., May 31, 1994) That the offer of National Fuel Gas Distribution Corporation, 10 Lafayette Square, in the sum of $850.00 (Eight Hundred and Fifty Dollars) to purchase the property described as 174 N. Parade and $1,100 (One Thousand and One Hundred Dollars) to purchase the property described as 567 Fillmore, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon with the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser. PASSED. AYES- 12 NOES- 0. No. 93 Ordinance Amendment Chapter 104 of Chapter 175 - Fees (Item No. 197, C.C.P., Apr. 5, 1994) That the Ordinance Amendment as contained in Item No. 197, C.C.P., April 5, 1994, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 94 Ordinance Amendment - Fire Fees (A&F) (Item # 72 CCP April 19, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 95 Ordinance Amendment - Fire Records (Fire) (Item # 54 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 96 Ordinance Amendment - Ch. 175 (309)-Golf Fees (#162 5/3) (Item # 11 CCP May 20, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 97 Chapter 413-59 of Chapter 175 Fees for Sidewalk Cafe (Item No. 13A, C.C.P., May 20, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That this Common Council repeal the amended licensing fee of $2.00 (Two Dollars) per square foot and reinstate the original fee of $1.05 (One Dollar and Five Cents) per square foot; and That the Corporation Counsel draft a new amendment to Chapter 413-59 of Chapter 175, Sidewalk Cafes, reflecting the elimination of the $2.00 (Two Dollars) per square foot licensing fee and reinstating the original fee of $1.05 (One Dollar and Five Cents per square foot. LOST. AYES- COLLINS, COPPOLA, HELFER, PITTS- 4. NOES- BELL, CZAJKA, FAHEY, FRANCZYK, LOCKWOOD, LOTEMPIO, PERLA, ZUCHLEWSKI- 8. No. 98 Elimination of Permit Fee for Volleyball Leagues (Item No. 13B, C.C.P., May 20, 1994) That the Corporation Counsel prepare an ordinance amendment to Chapter 175-1 Fees to exempt the volleyball leagues from paying the Diamond and Fields fees. ADOPTED. No. 99 Transfer of Funds Division of Budget and Management Division of Development (Item No. 180, C.C.P., May 31, 1994) That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller, the sum of $45,000 be and the same is hereby transferred from the Division of Budget and Management - Planning for Capital Improvements, said sum is hereby reappropriated as set forth in the above item. PASSED. AYES- BELL, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 10 NOES- COLLINS, COPPOLA- 2. No. 100 Report of Bids - Waterline Replacement Myrtle, Chicago and High Streets (Item No. 32, C.C.P., May 31, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Waterline Replacement in Myrtle, Chicago and High Streets to E & R General Construction, the lowest responsible bidder in the amount of $531,385.00, with said cost to be charged against the Division of Water's 416-982-001 account. PASSED. AYES- 12 NOES- 0. No. 101 Report of Bids - Restoration and Rehabilitation Phase II-A Kleinhans Music Hall (Item No. 35, C.C.P., May 31, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Restoration and Rehabilitation Phase II-A, Kleinhans Music Hall, to Clarence Associates Inc., for General Construction Work in the amount of $384,485.00; to A. Gareleck & Sons Inc., for Plumbing Work in the amount of $65,416.00; to D.V. Brown & Assoc. Inc., for Mechanical Work in the amount of $269,400.00; to Frey Electric Const. Co. Inc., for Electrical Work in the amount of $144,000.00, all being the lowest responsible bidders, with said cost to be charged against the B/F 200-402-030 Division of Buildings. PASSED. AYES- 12 NOES- 0. No. 102 Report of Bids - LaSalle Park Concession (Item No. 49, C.C.P., May 31, 1994) That the Commissioner of Parks be, and he hereby is, authorized to award the contract for LaSalle Park Concession, to Brenda P. Kij, the highest responsible bidder, in the amount of $9,392.00. PASSED. AYES- 12 NOES- 0. No. 103 Report of Bids - Skyway Lot No. 3 (Item No. 9, C.C.P., Feb. 22, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved to recommit to the Committee on Finance. ADOPTED. No. 104 Information - Bids Skyway Lot #3 (Bd. Pkg.) (Item # 8 CCP March 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 105 Information - Bids Skyway Lot #3 (Bd. Pkg.) (Item # 6 CCP May 3, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 106 Report on Skyway Lot #3 (Bd. Pkg.) (Item # 7 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 107 Allright Parking - Information on revenue/expenses (Item # 83 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 108 Change in Contract Reconstruction Jewett Avenue Bridge (Item No. 36, C.C.P., May 31, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to issue Change Order #2 to M. Falgiano Construction Company, changes resulting in no cost as more fully described in the above communication, for work relating to Reconstruction of the Jewett Avenue Bridge, Contract #91726400. PASSED. AYES- 12 NOES- 0. No. 109 Reduction in Retention Kleinhans Music Hall - Electrical Reconstruction (Item No. 37, C.C.P., May 31, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to reduce retention from 10% ($14,000) to 1 % ($1,400) on a contract with Frey Electric Construction Co., Inc., C-9170600 for Kleinhans Music Hall, Electrical Reconstruction Phase II. PASSED. AYES- 12 NOES- 0. No. 110 Prepare Plans and Specifications for Bids - Parkside Lodge (Item No. 51, C.C.P., May 31, 1994) That the Commissioner of Parks be, and he hereby is, authorized to prepare plans and specifications and advertise for sealed proposals for the concession at the Parkside Lodge at Delaware Park. ADOPTED. No. 111 Bridge Clearances (PW) (Item # 39 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 112 Streets to be resurfaced (PW) (Item # 40 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 113 Rosa Gibson, Ernest Oliver and Ulysses Todd Dumping Fine (Item No. 177, C.C.P., Apr. 5, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved to recommit to the Committee on Finance. ADOPTED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PITTS, ZUCHLEWSKI- 11. NOES- PERLA- 1. No. 114 BRACO I - Refund of Excess Property Taxes 1993-94 (Item No. 55, C.C.P., May 31, 1994) That the Comptroller be, and he hereby is, authorized to issue a check to BRACO I in the amount of $99,018.53 for refund of excess property taxes for 1993-94. PASSED. AYES- 12 NOES- 0. No. 115 Judith A. Panetski - Repair Street/Curbs 49 Cottage Street (Item No. 81, C.C.P., May 17, 1994) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved to recommit to the Committee on Finance. ADOPTED. No. 116 Liquor License Reports 5/3 (PW) (Item # 42 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 117 Liquor License Reports 4/5 (ICR) (Item # 69 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 118 NYS ABC - Inability to consider taxes due (Item # 91 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 119 Savings from Recycling Program (PW) (Item # 38 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 120 Balance Sheets - January/March (Compt.) (Item # 15 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 121 3rd Quarter Budget Gap Projection (A&F) (Item # 72 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 122 Requested BSA Budget information (BSA) (Item # 74 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 123 Walgreen, Petition To Use 1544-1566 Hertel Ave - Pole Sign (Item No. 87, C.C.P., May 17, 1994) That after a public hearing before the Committee on Legislation on June 7, 1994, the petition of Walgreen, for permission to use 1544-1566 Hertel Avenue for a pole sign be, and hereby is approved with the following conditions: 1. That Walgreen's erect a permanent stockade fence with a guard rail adjoining the stockade fence to protect the property owners on the north section of the properties bordered by the residents of the Lyndhurst Avenue. 2. That Walgreen's provide landscaping around the site of the sign. 3. That Walgreen's provide the necessary screening between the parking lot and the sidewalk on Hertel and Parkside Avenues. 4. That Walgreen's provide the necessary screening or landscaping between 666 Parkside Avenue and their parking lot on Hertel Avenue. 5. The sign shall be 18 feet high and have an area of 4 1/2 x 8 1/2 feet (38.25 sq. ft.). PASSED. AYES- 12 NOES- 0. No. 124 Use 1544 Hertel (C.P. Bd.) (Item # 5 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 125 Encroach Conduit - 836 Main Street (Item No. 45, C.C.P., May 31, 1994) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Charles G. Jones, P.E., acting as agent for the owners of the property located at 836 Main Street, to install an underground conduit which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the conduits are installed a minimum of 36 inches below the pavement surface. 3. That the applicant supply the City with a set of "as built" plans showing the exact location of said conduit upon the installation. 4. That the applicant supply the City of Buffalo with a $5,000 (Five Thousand Dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said conduit. PASSED. AYES- 12 NOES- 0. No. 126 Encroach Handicap Ramp - 1245 Main Street (Item No. 46, C.C.P., May 31, 1994) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Joseph L. Kopec, of Duchscherer Oberst Design, acting as agent for U.S. Post Office, located at 1245 Main Street, to install a handicap ramp which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant supply the City of Buffalo with a $5,0000 (Five Thousand Dollar) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said ramp. PASSED. AYES- 12 NOES- 0. No. 127 Encroach Loading Dock - 2421 Main Street (Item No. 47, C.C.P., May 31, 1994) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Gary Schmitt, representing Braun Cadillac-Buick, Inc., located at 2421 Main Street, to install a loading dock which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant provide the City with drawings depicting the proposed loading dock which have been approved by a Licensed Professional Engineer. 2. That the proposed loading dock does not encroach, in any way, into the public sidewalk area. 3. That the applicant supply the City of Buffalo with a $5,000 (Five Thousand Dollar) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said loading dock. PASSED. AYES- 12 NOES- 0. No. 128 Ordinance Amendment Chapter 144 - Contractors (Item No. 209, C.C.P., May 31, 1994) That the Ordinance Amendment as contained in Item No. 209, C.C.P., May 31, 1994, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 129 Ordinance Amendment Chapter 343 - Promoting the General Welfare of Minors in Public Places (Item No. 198, C.C.P., May 31, 1994) That the Ordinance Amendment as contained in Item No. 198, C.C.P., May 31, 1994, be and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 130 Request Ordinance Amendment - Fire Sprinkler Connections (Item No. 174, C.C.P., Mar. 8, 1994) That this Common Council requests the Corporation Counsel to draft an Ordinance Amendment of Chapter 175, (Section 491-74 Water Rates) deleting the additional charge for Fire Sprinkler Connections from metered users. ADOPTED. No. 131 Request NY State Referendum on Death Penalty (Item No. 143, C.C.P., May 17, 1994) That this Common Council direct the City Clerk's Office to send certified copies of this resolution to the Western New York Senate and Assembly Delegation, to consider a referendum on the death penalty to accurately reflect the wishes of the majority of the people of New York State. ADOPTED. No. 132 Responsibility for Trash/Dumping Violations (Item No. 147, C.C.P., May 17, 1994) That this Common Council requests the Corporation Counsel to draft an amendment to Article VI Section 216-14 subsection A of the City of Buffalo's codes and ordinances for trash, rubbish and refuse to hold liable any property owner including his subordinates, tenants or employees in violation or responsible for violating codes and ordinances for the proper disposal and packaging of trash rubbish and refuse on City streets. ADOPTED. No. 133 Elm Leaf Beetle Plan (Parks) (Item # 52 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 134 Kleinhans- Increase Board by Six Members (Item # 88 CCP March 22, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 135 Installing Electronic Barriers - Skyway (Item No. 186, C.C.P., Apr. 5, 1994) That a representative from the Department of Transportation and the New York State Thruway Authority, members of the Western New York Senate and Assembly Delegation, New York State Police, representatives from the Buffalo Police Department, Mayor's Office, Division of Traffic Engineering and the Police Chief from the City of Lackawanna, be invited to a meeting to discuss the installation of these barriers as an alternative plan; and That these mentioned representatives respond to this proposal by contacting the office of the South District Councilmember for the purposes of scheduling this meeting at a date and time agreeable to all; and That the Common Council direct the City Clerk's Office to send certified copies of this resolution to the Western New York Senate and Assembly Delegation, New York State Department of Transportation, New York Thruway Authority, New York State Police, Mayor's Office, Division of Traffic Safety, Buffalo Police Department and the Police Chief from Lackawanna. ADOPTED. No. 136 Community Fest - Use City Lot (Item No. 193, C.C.P., May 31, 1994) That this Common Council grant Masjid Nu' Man and Images of Us, located at 1367 and 1369 Fillmore Avenue, permission to use city-owned lot at the corner of Fillmore Avenue and French Street, from May 28 to September 1, 1994 for Community Fest. PASSED. AYES- 12 NOES- 0. No. 137 Appointment of Member of the Broadway Market Board of Directors (Item No. 2, C.C.P., May 31, 1994) That the appointment of Joseph P. Dobies, 100 Columbia Boulevard, Kenmore, 14217 to the Broadway Market Board of Directors for a term expiring May 1, 1997, be and hereby is confirmed. ADOPTED. No. 138 Appointment of Member of the Buffalo Environmental Management Commission (Item No. 3, C.C.P., May 31, 1994) That the appointment of Arthur J. Giacalone, 900 Delaware Avenue, to the Buffalo Environmental Management Commission for a term expiring May 1, 1996, be and hereby is confirmed. ADOPTED. ECONOMIC DEVELOPMENT HON. CARL A. PERLA JR. CHAIRMAN No. 139 Proposed $700,000 Community Development Block Grant Float Loan to Towne Gardens, Ltd. (Item No. 208, C.C.P., May 31, 1994) That this Honorable Body does approve the Block Grant Float Loan and does hereby authorize the Buffalo Urban Renewal Agency to make a Block Grant Float Loan in the amount of $700,000 for the Towne Garden Health Care Center; and That this Honorable Body hereby authorizes the Commissioner of Community Development to amend the 19th year CDBG Block Grant Program to reflect the above mentioned float loan; and That the Block Grant Float Loan will be in the amount of $700,000 at 4% interest rate, said loan will be secured by an Irrevocable Unconditional Stand by Letter of Credit or such other acceptable securitization meeting federal requirements; and That these loans will be administered by the Buffalo Enterprise Development Corporation. PASSED. AYES- 12 NOES- 0. No. 140 Change Contract in Architectural - Engineering Services Neighborhood Information Center - 1168-1170 Broadway (Item No. 57, C.C.P., May 31, 1994) That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order #3 to Ronald W. Bugaj, Architect, changes resulting in a net increase in the amount of $3,850.00, as more fully described in the above communication, for work relating to Architectural Engineering Services to the Neighborhood Information Center at 1168-1170 Broadway contract #9164500. Funds to be charged to Bond Fund 200-717-068. PASSED. AYES- 12 NOES- 0. No. 141 Securitization of U.S. Department of Housing and Urban Development - Section 108 Loans (Item No. 152, C.C.P., May 17, 1994) That this Honorable Body hereby directs the Buffalo Enterprise Development Corporation in its Section 108 underwriting criteria to require that all HUD Section 108 Loans be secured as fully as possible; and That the securitization shall include, but not be limited to, the use of mortgages, personalty securing filings and personal guarantees of individuals; and That this Resolution shall be effective for all HUD Section 108 loans approved/included in the 20th year CDBG Program, as well as, all subsequent HUD Section 108 Loans. ADOPTED. No. 142 Secure HUD 108 Loans (CD) (Item # 58 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 143 BEDC - Security for HUD 108 Loans (Item # 86 CCP May 31, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. CATV HON JAMES W. PITTS CHAIRMAN No. 144 Hearing Cable Complaints (HRG 4/28-7 PM) (Item # 192 CCP April 5, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 145 J. Burney Complaint - News Not Carrying Cable Listings (Item # 82 CCP April 5, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 146 Concerns on TCI Franchise Renewal (Mayor) (Item # 4 CCP March 16, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 147 Position on renewal of TCI Franchise (Mayor) (Item # 2 CCP April 27, 1994) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 148 Oppose TCI Rates/Structure (Mayor) (Item # 3 CCP September 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 Formal Complaint- TCI Rate Increase (CC) (Item # 56 CCP May 25, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 150 TCI- Increase cost of Cable Guide (Item # 88 CCP December 28, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 151 By: Mr. Arthur Request Ordinance Amendment to Require all Festival or Event Organizers Operating within the City of Buffalo to File an Accounting of Revenues, Expenses and Use of Funds Report with the Common Council Whereas: The City of Buffalo issues permits and licenses to allow festivals and events to operate within the city right of way and in city parkland; and Whereas: According to Item # 228 C.C.P. October 5, 1993, it is the policy of the Common Council to have organizers of festivals and events operating within the City of Buffalo to provide post-event accounting of revenues, expenses and use of proceeds information with the Common Council as a prerequisite to issuing and obtaining necessary operating permits from the City of Buffalo for the following year; and Whereas: This policy should be mandated in ordinance as a measure of protection for the City of Buffalo, the citizenry and organizers of festivals, and events held within the city. Now, Therefore Be It Resolved That: This Common Council requests the Corporation Counsel to amend the appropriate city ordinance to require all organizers and sponsors of festivals or events operating within the City of Buffalo to within (90) days following the closing of operation, file with the Common Council an accounting of revenues, expenses, and use of funds as a prerequisite to issuing and obtaining necessary operating permits for the following year. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 152 By: Mr. Arthur Buffalo Philharmonic Orchestra Withholding of Payment Whereas: The Buffalo Common Council has allocated $77,483 in the form of a grant-in-aid to the Buffalo Philharmonic Orchestra for the 94/95 fiscal year; and Whereas: The Buffalo Philharmonic Orchestra and management have been in a contract dispute concerning labor agreement settlements; and Whereas: The Board of the Buffalo Philharmonic has formally canceled its new season for 94/95; and Whereas: During budget deliberations the members of the Council took a position that if the Philharmonic cancel led the season then they should not receive funds allocated in the grant-in-aid section of the city budget Now Therefore Be It Resolved That: The Buffalo Common Council directs the Comptroller of the City of Buffalo to withhold all payments to the Buffalo Philharmonic until its contract disputes are resolved and they submit a schedule for a full 94/95 season; Be It Further Resolved That; If the Buffalo Philharmonic does not have a full concert season that no money earmarked by the Common Council in line 607 in the budget be awarded to the BPO for the 94/95 fiscal year REFERRED TO THE COMMITTEE ON FINANCE AND THE BUFFALO PHILHARMONIC ORCHESTRA. No. 153 By: Mr. Arthur Extend 1993-94 Grant-In-Aid Contract - National Conference of Christians and Jews Whereas: The National Conference of Christians and Jews, Western New York Region, was the recipient of 1993-94 Grant-In-Aid in the amount of $17,500 for its First Time Last Time program; and Whereas: The grantee was unaware of the time constraint for use of the funding which is concurrent with the City's fiscal year, and planned a program for calendar year 1994; and Whereas: To accommodate the First Time Last Time program, the agency has requested a six month extension of its contract which would require approval by the Common Council; and Whereas: The Commissioner of the Department of Human Resources has no objection to granting the contract extension and has requested that this Honorable Body approve the request; Now, Therefore, Be It Resolved: That Common Council authorize a six month extension of the Grant-In Aid contract between the City of Buffalo and the National Conference of Christians and Jews, Western New York Region. REFERRED TO THE COMMITTEE ON FINANCE. No. 154 By: Messrs. Bell and Zuchlewski Monitor Boat Launch - Foot of Ontario Street Whereas: The Ordinances of the City of Buffalo establish the following fees for seasonal Boat Trailer Launch Permits: $25.00 for city residents $50.00 for non-residents; and Whereas: There is no fee set for daily, individual launching; and Whereas: Guidelines for the issuance of permits are not set forth, nor are any locations specified for launching; and Whereas: The Foot of Ontario Street is the only location under the jurisdiction of the Department of Parks where public boat launching is practical and permitted; and Whereas: There have been numerous recent reports of boat launchings at Ontario Street by individuals who do not possess a valid Boat Trailer Launch Permit; and Whereas: At present, the Parks Department lacks both the basic manpower and the trained personnel to monitor and ensure safe operations at Ontario Street ; and Whereas: This situation creates a number of problems, including the loss of revenue from boats launched without permits and the potential liability faced by the city due to unsupervised launching; and Whereas: Regulatory ordinances to protect the city's interest, as well as monitoring policies to insure the collection of fees to launch boats, are needed; Whereas: A potential solution to the monitoring / access / fee collection problem would be the issuance of electronic pass cards in conjunction with the launch permit, and a concurrent installation of a coded / censored barrier device at the Ontario Street location; Now, Therefore, Be It Resolved: That this Common Council requests that the Commissioner of Parks comment on potential solutions to the problems associated with boat launch permit issuance and monitoring; and Be It Further Resolved: That this Common Council request the Corporation Counsel to prepare the appropriate ordinance amendments to regulate permit issuance, to enumerate locations, to establish penalties for violations, and to safeguard the interests of the city of Buffalo in relation to risks associated with operation of boat launch facilities. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF PARKS, AND THE CORPORATION COUNSEL. No. 155 By: Mr. Collins Resolution Repealing $95,000 Serial Bonds Improvements at Majorka Village Account: 200-714-089 Resolution repealing, revoking and rescinding in whole bond resolution heretofore adopted by this Common Council on July 24, 1984, Item No. 285 authorizing the issuance of $95,000 General Improvement Serial Bonds of said City, and the Provision of $5,000 Current Funds as a downpayment, to finance the cost of Improvements at Majorka Village, at the estimated maximum cost of $100,000 Whereas, this Common Council heretofore adopted a bond resolution on Judy 24, 1984, Item No. 285 authorizing the issuance of $95,000 General Improvement Serial bonds of said City, and the Provision of $5,000 Current Funds as a downpayment, to finance the cost of Improvements at Majorka Village, at the estimated maximum cost of $100,000 (Account No. 200-714-089); and Whereas; no bonds or bond anticipation notes have been issued pursuant to said bond resolution; Now, Therefore, Be It Resolved, That the bond resolution heretofore adopted by this Common Council on July 24, 1984, Item No. 285 authorizing the issuance of $95,000 General Improvement Serial Bonds of said City, and the Provision of $5,000 Current Funds as- a downpayment, to finance the cost of Improvements at Majorka Village, at the estimated maximum cost of $100,000 be and hereby is in whole repealed, revoked and rescinded, except to the extent that any indebtedness shall already have been contracted or encumbrances made thereunder for the objects or purposes for which such resolution authorize the issuance of obligations; and Be It Further Resolved, That the repeal, revocation and rescission of said Bond Resolution shall in no way be construed to invalidate any expenditures made, liabilities incurred, obligations issued, or any action taken pursuant to said Bond Resolution. PASSED. AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11. NOES- FRANCZYK- 1. No. 156 By: Mr. Collins Resolution Repealing $475,000 School Serial Bonds Acquisition of Land for Environmental Education Center Account: 299-970-076 Resolution repealing, revoking, and rescinding in whole bond resolution heretofore adopted by this Common Council on June 5, 1990, Item No. 269 authorizing the issuance of $475,000 School Serial Bonds of said City, and the Provision of $25,000 Current Funds as a downpayment to finance the cost of Acquisition of Land for Environmental Education Center, at the estimated maximum cost of $500,000 Whereas, this Common Council heretofore adopted a bond resolution on June 5, 1990, Item No. 269 authorizing the issuance of $475,000 School Serial Bonds of said City, and the Provision of $25,000 Current Funds as a downpayment, to finance the cost of Acquisition of Land for Environmental Education Center, at the estimated maximum cost of $500,000 (Account No: 299-970-076); and Whereas, no bonds or bond anticipation notes have been issued pursuant to said bond resolution; and Now, Therefore, Be It Resolved, That the bond resolution heretofore adopted by the Common Council on June 5, 1990, Item No. 269 authorizing the issuance of $475,000 School Serial Bonds of said City, and the Provision of $25,000 Current Funds as a downpayment to finance the cost of Acquisition of Land for Environmental Education Center, at the estimated maximum cost of $500,000, be and hereby is in whole repealed, revoked and rescinded, except to the extent that any indebtedness shall already have been contracted or encumbrances made thereunder for the objects or purposes for which such resolutions authorize the issuance of obligations; and Be It Further Resolved, That the repeal, revocation and rescission of said bond resolution shall in no way be construed to invalidate any expenditures made, liabilities incurred, obligations issued, or any action taken pursuant to said bond resolution. PASSED. AYES- 12 NOES- 0. No. 157 By: Mr. Collins Resolution Repealing $520,000 Serial Bonds Renovations of Memorial Auditorium Account: 200-717-048 Resolution repealing, revoking and rescinding in whole bond resolution heretofore adopted by this Common Council on May 22, 1990, Item No. 248 authorizing the issuance of $520,000 General Improvement Serial Bonds of said City, to finance the cost of Renovations of Memorial Auditorium, at the estimated maximum cost of $520,000 Whereas, this Common Council heretofore adopted a bond resolution on May 22, 1990, Item No. 248 authorizing the issuance of $520,000 General Improvement Serial bonds of said City, to finance the cost of Renovations of Memorial Auditorium, at the estimated maximum cost of $520,000 (Account No. 200-717-048); and Whereas, no bonds or bond anticipation notes have been issued pursuant to said bond resolution; Now, Therefore, Be It Resolved, That the bond resolution heretofore adopted by this Common Council on May 22, 1990, Item No. 248 authorizing the issuance of General Improvement Serial Bonds of said City, to finance the cost of Renovations of Memorial Auditorium, at the estimated maximum cost of $520,000 be and hereby is, in whole repealed, revoked and rescinded, except to the extent that any indebtedness shall already have been contracted or encumbrances made thereunder for the objects or purposes for which such resolution authorize the issuance of obligations; and Be It Further Resolved, That the repeal, revocation and rescission of said Bond Resolution shall in no way be construed to invalidate any expenditures made, liabilities incurred, obligations issued, or any action taken pursuant to said Bond Resolution. PASSED. AYES- 12 NOES- 0. No. 158 By: Mr. Collins Resolution Repealing $3,966,000 Serial Bonds Construction of Theatre District Parking Ramp Account: 200-717-015 Resolution repealing, revoking and rescinding in whole bond resolution heretofore adopted by this Common Council on June 27, 1986, Item No. 216 authorizing the issuance of $3,966,000 General Improvement Serial Bonds of said City, and the Provision of $209,000 Current Funds as a downpayment, to finance the cost of Construction of Theatre District Parking Ramp at the estimated maximum cost of $4,175,000 Whereas, this Common Council heretofore adopted a bond resolution on June 27, 1986, Item No. 216 authorizing the issuance of $3,966,000 General Improvement Serial bonds of said City, and the Provision of $209,000 Current Funds as a downpayment, to finance the cost of Construction of Theatre District Parking Ramp, at the estimated maximum cost of $4,175,000 (Account No. 200-717-015); and Whereas, no bonds or bond anticipation notes have been issued pursuant to said bond resolution; Now, Therefore, Be It Resolved, That the bond resolution heretofore adopted by this Common Council on June 27, 1986, Item No. 216 authorizing the issuance of $3,966,000 General Improvement Serial Bonds of said City, and the Provision of $209,000 Current Funds as a downpayment, to finance the cost of Construction of Theatre District Parking Ramp, at the estimated maximum cost of $4,175,000 be and hereby is in whole repealed, revoked and rescinded, except to the extent that any indebtedness shall already have been contracted or encumbrances made thereunder for the objects or purposes for which such resolution authorize the issuance of obligations; and Be It Further Resolved, That the repeal, revocation and rescission of said Bond Resolution shall in no way be construed to invalidate any expenditures made, liabilities incurred, obligations issued, or any action taken pursuant to said Bond Resolution. PASSED. AYES- 12 NOES- 0. No. 159 By: Mr. Collins Bond Resolution $200,000 Bonds Handicapped Access Improvements at Various City Buildings Account 200-402-029 Bond Resolution of the City of Buffalo. New York, authorizing the issuance of $200,000 General Improvement Bonds of said City to finance the cost of handicapped access improvements at various City buildings, at the estimated total 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 Council) AS FOLLOWS: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is herby authorized and directed to issue General Improvement 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 Handicapped Access Improvements at various City buildings. 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 $200,000 as set forth in the duly adopted Capital Improvement, Budget of said City for fiscal year 1993-94, as amended. Section 2, The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes Issued In anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Handicapped Access Improvements 1993-94", Bond Authorization Account No. 200-402-029, 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 bonds are herein authorized, which costs are reasonably expected to b. 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 period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution arc to be issued within the limitations of Section 11 .00 a. 12(a)(12) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided by a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes, Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: JUNE 14, 1994 LAID ON THE TABLE. No. 160 By: Mr. Collins Ordinance Amendment Article VI Section 216-10 Rewards The Common Council of the City of Buffalo does hereby ordain as follows: A reward of [fifty dollars ($50.00)] Five Hundred Dollars ($500.00) is hereby offered to the person or persons who furnish information leading to the apprehension, arrest and conviction of anyone found guilty of illegal dumping within the city of Buffalo as set out in this Article. Such reward shall not apply to any employee, agent or servant of the City of Buffalo who acquires such information [or] during the discharge of his official duties. All claims for such reward must be made to the City of Buffalo within (90) days after the conviction of any person or persons. Approved as to form Edward Peace Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 161 By: Mr. Collins Transfer Of Funds Division Of Real Estate - Real Estate Management Division Of Real Estate - In Rem That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sums of $1,500 and $1,000 be and the same are hereby transferred from the Division of Real Estate - Real Estate Management and said sums are hereby reappropriated as set forth below: From: 100 General Fund 043 - Division of Real Estate 001 - Real Estate Management 223 -Gas $1,500 560 - Building Repairs and Alterations $1,000 To: 100 General Fund 043 - Division of Real Estate 002 - In Rem 223 - Gas $2,500 PASSED. AYES- 12 NOES- 0. No. 162 By: Mr. Collins Transfer Of Funds Common Council - Legislative Department of Fire - Fire Defense & Training Svcs 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 $2,511.26 be and the same is hereby transferred from the Common Council - Legislative and said sum is hereby reappropriated as set forth below: From: 100- General Fund 010 - Common Council 001 - Legislative 573-Engineering and Technical Services $2,511.26 To: 100 General Fund 210 - Department of Fire 022 - Fire Defense and Training Services 540 - Printing and Binding $2,511.26 PASSED. AYES- 12 NOES- 0. No. 163 By: Mr. Collins Transfer of Funds Dept of Police -- Police Facilities & Fleet Mgmt - Admin Dept of Police -- Police Facilities & Fleet Mgmt - Building and Fleet Maint That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $20,000 be and the same is hereby transferred from the Department of Police - Police Facilities & Fleet Mgmt - Admin, - and said sum is hereby reappropriated as set forth below: From: 100 General Fund 20 - 4 - Department of Police - Police Facilities and Fleet Mgmt 001 -Administrative 571 - Medical Services $20,000 To: 100 General Fund 20 - 4 -- Dept of Police - Police Facilities and Fleet Mgmt 003 - Building and Fleet Maintenance 501 - Automotive - Body Repairs $10,000 503 - Automotive - Transmission Service $10,000 PASSED. AYES- 12 NOES- 0. No. 164 By: Mr. Collins Transfer of Funds Department of Parks - Division of Parks Community Development - Division of Development 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 $43,445.39 be and the same is hereby transferred from the Department of Parks - Division of Parks - Capital Projects Fund and said sum is hereby reappropriated as set forth below: From: 200 Capital Projects Fund 601 - Division of Parks 038 - Improvements to Ontario Boat Launch $ 43,445.39 To: 200 Capital Projects Fund 717 - Division of Development 524 - Improvements to Broderick Park $43,445.39 PASSED. AYES- 12 NOES- 0. No. 165 By: Mr. Coppola and Mrs. Lockwood Ordinance Amendment Chapter 309 Of Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 309 under Chapter 175 - Fees of the Code of the City of Buffalo, be amended to read as follows: Chapter 309, Parks and other Open Space 309-28, use of facilities City Noncity Resident Resident INDOOR NATATORIUM Daily session except for the months of July and August City of Buffalo residents with identification cards Under 18 years and seniors $0.75 $2.50 18 years and over $1.50 $2.50 July and August Under 18 years and seniors $2.50 18 years and over $2.50 Seasonal Under 18 and seniors $ 50.00 $150.00 (with city identification cards) 18 years and older (with $100.00 $150.00 city identification cards) Designated private swimming time Half pool rental per $ 85.00 $140.00 group, per hour Exclusive use of pool, per hour $170.00 $280.00 Swimming lessons, per session $ 10.00 $10.00 Approved As To Form Edward Peace Corporation Counsel NOTE: Matter in brackets [ ]is old to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 166 By: Mr. Coppola 1994 Greater Buffalo Italian Heritage and Food Festival Whereas: The North Buffalo Community Development Corp., the Hertel-North Buffalo Business and Taxpayer Assn., Inc., and the West Side Business and Taxpayer Assn., Inc. have requested permission to again jointly conduct the Greater Buffalo Italian Heritage and Food Festival from July 13 through July 17, 1994, on Hertel Avenue; and Whereas: These groups are also requesting that Hertel Avenue be closed to traffic between Crestwood and Tennyson Avenues during the above dates, and that the cross streets between Colvin and Delaware Avenues, and also Linden and Tacoma Avenues between Colvin and Delaware be designated festival areas; and Whereas: This festival will once again be a major expression of Italian Heritage which includes culture, customs and foods, and will once again attract people from hundreds miles away. Now Therefore Be It Resolved That The North Buffalo Community Development Corp., the Hertel/North Buffalo Business and Taxpayer Assn., Inc., and the West Side Business and Taxpayer Assn., Inc. are hereby grated permission to jointly conduct the 1994 Greater Buffalo Italian Heritage and Food Festival, subject to the following: A. The festival shall be conducted on Hertel Avenue from July 13 through July 17, 1994, between the hours of 10:00 am through 10:00 pm, with Monday, July 11 from 6:00 pm and Tuesday, July 12 to be used as set-up days and Monday, July 18 to be used as a breakdown day, with traffic to recommence by noon of that day; B. Hertel Avenue, between Crestwood and Tennyson, shall be closed to vehicular and bicycle traffic, and dogs and other animals shall also be prohibited during the Festival. In addition, cross-streets bounded by Colvin, Linden, Delaware and Tacoma Avenues, including those boundary streets, shall be part of the Festival area, subject to its rules and regulations. Permitees, with the cooperation of and at the direction of the Police Department, will furnish and locate barriers to be placed at the beginning time of the Festival and to be removed at the end of the Festival; C. That the City-owned Residential Area Parking Lot, located behind 1180 Hertel, shall be closed to general use and shall be reserved solely for those residents of Hertel Avenue residing within the Festival area, and this restriction shall be enforced strictly by the City and Festival Committee; D. That the Festival Committee be, and hereby is, authorized to erect appropriate banners and fittings on street lamp posts on Hertel Avenue from the easterly side of Colvin to the westerly side of Delaware Avenue, and a banner across Hertel at Tennyson and at Crestwood, all within conditions specified by the Department of Public Works; E. Permitees shall furnish to the City of Buffalo proper liability insurance as determined by the Special Events Committee and the Corporation Counsel. F. Permitees shall assure complete responsibility for removing barriers, pennants, decorations, barricades, stands, equipment and any trash or debris in the area arising out of the Festival. G. Permitees shall assume complete responsibility for conducting the Festival in compliance with all the laws and ordinances applicable, and with all directives of the various City departments including Police, Fire, Street Sanitation, Transportation and Public Works. H. Permission is hereby granted for the above under such terms and conditions so as to protect the interests of the City of Buffalo, as set forth by the Special Events Committee. PASSED. AYES- 12 NOES- 0. No. 167 By: Mr. Coppola Support Early Retirement Incentive for City Employees Whereas: It is expected that state legislation will be passed enabling local governments to extend early retirement benefits to their employees; and Whereas: When the state legislature passes the enabling legislation, it would be beneficial to the City of Buffalo if all employees enrolled in the state system, including police and fire department, and board of education employees, be encouraged to take advantage of this incentive; and Whereas: The retirement of such employees will result in substantial savings to the city; and Whereas: The Mayor of the City of Buffalo has stated previously that he supports an early retirement incentive for city employees. Now Therefore Be It Resolved That This Common Council of the City of Buffalo supports state legislation enabling local governments to extend early retirement benefits to their employees; and Be It Further Resolved That The City Clerk forward certified copies of this resolution to the state legislature. ADOPTED. No. 168 By: Mr. Coppola Extend Health Care Benefits for Terminated Employees Whereas: In the past, when city employees were terminated their health care benefits were extended for the six months immediately following their termination; and Whereas: The employees, who have been designated to be terminated on July 1, 1994, should have this opportunity to have medical coverage for the six-month period following their termination, especially since some of them have been city employees for many years. Now Therefore Be It Resolved That This Common Council supports the extension of health care benefits to those employees to be terminated July l, 1994. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE. No. 169 By: Mr. Czajka Traffic Light and Street Marking At The Intersection of Walden Avenue and Bakos Boulevard. Whereas: There have been many complaints about the dangerous traffic condition at the intersection of Walden Avenue and Bakos Boulevard; and Whereas: The intersection of Walden Avenue and Bakos Boulevard is hazardous due to the fact that the traffic signals on Walden Avenue are set back beyond the intersection, causing many drivers to enter into the intersection as they stop for a red light; and Whereas: There are crosswalk markings on the street for drivers traveling westbound on Walden Avenue, but not for drivers traveling eastbound; and Whereas: There was a fatal automobile accident that occurred at this intersection on Sunday June 5; and Whereas: The Scajaquada Baseball Little League is located off Bakos Boulevard, and many youngsters walk from Walden Avenue to the ballfields which makes the dangerous traffic situation at this intersection even more of a concern Now, Therefore, Be It Resolved: That the Commissioner of Public Works report to this Honorable Body on the feasibility of placing the traffic signals at the entrance of each side of the intersection on Walden Avenue at Bakos Boulevard, as opposed to the existing placement of the signals at the far sides of the intersection; and Be It Further Resolved: That the Commissioner of Public Works report to this Honorable Body on the timetable for completion of the crosswalk marking on Walden Avenue for cars traveling eastbound through Bakos Boulevard. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. No. 170 By: Mr. Czajka Police Response Time To Automobile Accident At the Intersection of Walden Avenue and Bakos Boulevard. Whereas: On Sunday June 5, 1994 at approximately 2:28 p.m. there was a four car accident that resulted in one fatality, that occurred at the intersection of Walden Avenue and Bakos Boulevard; and Whereas: It took an estimated 48 minutes for a Buffalo Police Department vehicle to appear at the accident site; and Whereas: The wreckage blocked the street and bystanders were forced to direct traffic at this busy intersection, while the emergency rescue squad worked to aid the accident victims; and Whereas: The slow response by the Police Department has residents concerned about whether or not their 911 calls in the future will be responded to in a timely manner; and Whereas: The residents of the city and especially of this neighborhood deserve a detailed response in regard to how and why this incident occurred and how similar incidents can be prevented in the future; Now, Therefore, Be It Resolved: That Police Commissioner R. Gil Kerlikowske appear before this Honorable Body to explain in detail the problems the Police Department had in responding to this accident in a timely manner and what steps can be made in the future to avoid a similar situation. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF POLICE. No. 171 By: Messrs. Czajka & Pitts Set Public Hearing Proposed Land Disposition Agreement For A 1.39 Acre Portion of New Buffalo Industrial Park Portion of Parcel #5 Whereas, Empire Glass Block 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 Parcel #5 in the New Buffalo Industrial Park. 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 17th day of June 1994. 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 28th day of June 1994. ADOPTED. No. 172 By: Messrs. Czajka & Pitts Set Public Hearing Proposed Land Disposition Agreement For Sale Of 6 Acre Parcel-Thruway Industrial Park Phase 11-Corner of William Street and Monsignor Valente Drive Whereas, DeCarolis Truck Rental, 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; and Whereas, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition Agreement for the disposition of a Parcel in the Thruway Industrial Park-Phase II. 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 17th day of June 1994. 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 28th day of June 1994. ADOPTED. No. 173 By: Mr. Fahey City Tree Program Whereas: Trees not only enhance the quality of life of an urban area, they have also been proven to have a tangible positive impact on property values; and Whereas: In recent years there has been an increased effort on the part of the city to plant new trees, but more needs to be done to restore the trees that were once such an important asset throughout this city; and Whereas: The city needs to examine ways of ensuring that the significance of trees is recognized and that new trees are planted on a regular basis; and Whereas: It is also important to plant trees that are 3 or 3-and-a-half inches wide, since those trees have a better chance to survive and flourish; and Whereas: New York City has a policy for new open spaces that requires the planting of one tree for every 25 feet of sidewalk, and stipulates that each tree be at least 3 inches in diameter and planted flush in the ground, not in planters; Now, Therefore Be It Resolved: That the Common Council requests the Parks Department and Department of Community Development to only plant trees that are at least 3 inches in diameter; and Be It Further Resolved: That the Council also requests the Law Department to research this issue and, in cooperation with the Parks, Community Development and Public Works Departments, draft an ordinance regarding trees similar to the one that exists in New York City. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL. No. 174 By: Mr. Franczyk Pay Equity Day Whereas: Passage of the Equal Pay Act in 1963 aimed to protect women and men who perform substantially equal work against pay discrimination bashed on gender; and Whereas: This landmark law marked a significant milestone in helping women, who are the chief victims of unequal pay, to achieve equality in their pay; and Whereas: Like men, women seek employment to support themselves and/or their families, employment has become a necessity for survival in hard economic times; and Whereas: Legislation like Title VII of the Civil Rights Act of 1964 reinforced the ideals set forth in the Equal Pay Act. Title VII made it illegal to discriminate based on gender in employment and in facets like hiring, firing, conditions, compensation, or deprivation of employment opportunities; and Whereas: Protection through legislation on gender discrimination may seem obvious to the naked eye, women still earn considerably less than men of their own educational level and race/ethnic group; and Whereas: It has been found that in 1994, 30 years after the institution of the Equal Pay Act and Title VII of the Civil Rights Act, full-time employed women still only earn approximately 70 cents for every dollar earned by men in similar jobs; and Whereas: This obviously unfair and outrageous discrimination is a fight still being fought; and Whereas: Women need as much support and recognition for their equal work and fight for equal pay; and Whereas: June 10, 1994 has been named by some institutions as Pay Equity Day; Now, Therefore Be It Resolved: That this Common Council recognize every June 10 as Pay Equity Day; and Be It Further Resolved: That this Common Council support any and all legislation closing the tremendous gap between men and women's employment disparities, thus, ensuring equal pay for equal work, regardless of gender and/or race. ADOPTED. No. 175 By: Mr. Franczyk Request An Extension To Allow Spending Of Balance Of '93-'94 C.R.U.C.I.A.L. Grant-In-Aid Whereas: The Coalition for the Redevelopment of a Unified Community Involvement and Leadership (C.R.U.C.I.A.L.) received a grant-in-aid allocation of $7,345.00 for the period of 1993-' 94; and Whereas: A balance of $2,880.00 remains in unspent funds in C.R.U.C.I.A.L.'s grant-in-aid account; and Whereas: The C.R.U.C.I.A.L. organization wishes to spend the remaining $2,880.00 during the 1994-'95 budget year on much needed programming; therefore Let It Be Resolved: That this Buffalo Common Council grants an extension of time from June 30, 1994 to August 31, 1994 to enable C.R.U.C.I.A.L. to spend the abovementioned unspent funds from F.Y. 1993-'94. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 176 By: Mr. Helfer Erect Banner Across Main Street at Windermere Boulevard Whereas: "Vinyl Madness" day is a record sale to benefit WBFO National Public Radio News & Jazz at the State University of New York at Buffalo; and Whereas: This community event will be held on Saturday, September 24, 1994 from 11:00 a.m. to 6:00 p.m. at UB's Allen Hall; and Whereas: The purpose of the banner is to promote the event and increase attendance; and Whereas: Sponsors of the event request permission to erect a Promotional banner across Main Street at Windermere Boulevard from September 9 to September 26, 1994. Now Therefore Be It Resolved That: This Common Council grants permission to the event Sponsors to erect a banner pursuant to the conditions set forth by the Commissioner of Public Works and the Corporation Counsel. PASSED. AYES- 12 NOES- 0. No. 177 By: Mr. Helfer Erect Banner Across Main Street at Winspear Avenue for UNIFEST 1994 Whereas: UNIFEST 94, a charity celebration unifying businesses, residents, students, and area not-for-profit organizations in the University Heights Community will be held from Friday, August 26, through Sunday, August 28, 1994; and Whereas: This annual event will take place on Main Street between Winspear Avenue and Minnesota Avenue; and Whereas: Activities for the event will include amusement rides, music, games of skill and ethnic food, dance, and crafts; and Whereas: Proceeds from Unifest will benefit the Western New York Independent Living Center; and Whereas: Sponsors of the event request permission to erect a promotional banner across Main Street at Winspear Avenue from August 5 to August 31, 1994. Now Therefore Be It Resolved That: This Common Council grants permission to the event sponsors to erect a banner pursuant to the conditions set forth by the Commissioner of Public Works and the Corporation Counsel. PASSED. AYES- 12 NOES- 0. No. 178 By: Mr. Helfer UNIFEST 1994 Street Fair/Festival Whereas: UNIFEST is a community celebration organized by the UNIFEST Steering Committee of the Independent Living Center; and Whereas: The annual event will be held from Friday, August 26, through Sunday, August 28, 1994; and Whereas: The Steering Committee has requested that the Common Council go on record stating that only participants with proper license identification should be part of the festival; and Whereas: UNIFEST will run the length of Main Street from Winspear Avenue to Minnesota Avenue; the Steering Committee has requested that the licensing requirement cover the distance from Englewood Avenue to LaSalle Avenue; and Whereas: The purpose of this provision is to insure the health and safety of the public. Now Therefore Be It Resolved That: This Common Council goes on record requesting that only participants with proper license identification be permitted to take part in UNIFEST; August 26 - 28, 1994 on Main Street from Englewood Avenue to LaSalle Avenue. ADOPTED. No. 179 By: Mr. Helfer Appointment To Cable TV Policy Board Whereas: Dr. Gerald O'Grady is a member of the Department of Media Study at the University of Buffalo, specializing in the fields of urban media and pedagogy: and Whereas: Dr. O'Grady served as director of the University of Buffalo's Educational Communications Center from 1973 to 1988, which provided all media support to all departments and included the language laboratories and the public radio station; and Whereas: He also founded and served as director of the Center for Media Study, and founded and served as board president of Media Study/Buffalo; Now, Therefore Be It Resolved: That this Common Council appoint Dr. Gerald O'Grady of 391 Minnesota Ave., Buffalo NY 14215 to the Buffalo Cable TV Policy Board for the term that expires on December 31, 1995. ADOPTED. No. 180 By: Mr. Helfer Disposal of Clean and Toxic Soil Whereas: The city of Buffalo does not have an ordinance that deals with the removal of excavated soil from gas stations; and Whereas: When a gas station closes, the gas tanks are erected. The soil that is excavated is tested for contamination according to DEC regulations to determine if it is hazardous waste or industrial waste. The N.Y. State DEC and property owners engage in an act designed to manage the removal of underground tanks and removal of toxic soil; and Whereas: If the excavated soil is toxic and it is determined by the DEC that it is a hazardous waste, the DEC requires the soil be removed and transported at the owners expense to a hazardous waste deposit site; and Whereas: If the excavated soil, which can amount to half a city block long and ten feet wide is determined by the DEC to be an industrial waste, the owner has one of two options: The owner may at his/her expense remove and dispose of the soil at an industrial landfill; or the owner may opt to treat the soil in what is called an on-site via-a-soil vapor extraction system; and Whereas: The on-site via-a-soil vapor extraction system is a system whereby the soil is covered with a plastic covering that resembles a giant garbage bag with small holes in it. The system allows the vapors to vaporize over time. The system will operate until soil samples analyzed indicate that the soil meets with DEC values for treatment of petroleum contaminated soils; and Whereas: Consequently, the elective on-site via-a-soil vapor extraction system permits the soil to remain on the site for an indefinite period of time. The DEC does not require the removal of the soil once it is determined to be clean; and Whereas: As a result of the option to use the on-site via-a-soil vapor extraction system, gas stations that close and that opt to use that system leave mounds of the soil on the property for years; and Whereas: Many gas stations that close and reopen leave the mounds of soil on the property as is the situation at the gas station on Bailey Avenue and Connelly Street; and Whereas: Toxic soil poses a potential negative impact on the environment in general. Toxic soil runs into the city sewer system as a result of rain and melted snow. The plastic covering used in the on-site via-a-soil vapor extraction system weathers and as a result the covering becomes loose. When the wind blows the toxic soil blows all over the site of the soil. It also blows into homes and over, yards, front lawns, and on the sidewalks of the properties of the neighbors and area businesses; and Whereas: The mounds of toxic soil pose a dangerous and potential health hazard to children who find the mounds a fun place to play and ride their bikes; and Whereas: The plastic covered soil mounds are not only unsightly they are a deterrent for business expansion and the sale of real estate; and Whereas: The City of Buffalo should regulate the removal of industrial waste to reduce potential health hazards associated with toxic soil and protect the environment, children at play, businesses and home owners. Now Therefore Be it Resolved That: The Common Council requests the Corporation Counsel, the Sewer Authority, the Department of Inspections, the Environmental Planning Commission and the N.Y. State Department of Environmental Conservation comment on this problem and their concerns regarding it and any measure that the city can take to eliminate this problem. Be it Further Resolved That: The Common Council requests the Corporation Counsel to draft an ordinance that requires the removal of toxic soil from a site within sixty days of excavation. REFERRED TO THE COMMITTEE ON LEGISLATION, THE ENVIRONMENTAL MANAGEMENT COMMISSION, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION, THE CORPORATION COUNSEL, THE BUFFALO SEWER AUTHORITY AND THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. No. 181 By: Mrs. Lockwood Ordinance Amendment Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 309-28 entitled "Parks and Other Open Space" under Chapter 175-1 be amended to read as follows: Chapter 309, Parks and Other Open Space 309-28, use of facilities With the exception of designated private ice time at skating rinks, City of Buffalo handicapped persons (classified as such by the United States Department of Health, Education and Welfare) may use any of the hereinafter mentioned recreational facilities free of all charges and fees. Fee City Noncity Resident Resident Seasonal fee for South $125.00 $250.00 Park, Cazenovia and Delaware Golf Courses [Youths under 16 and] [$ 65.00] [$250.00] [s] Senior citizens with $65.00 $250.00 city identification cards Youths under 16 with $65.00 $125.00 city identification cards Daily fee for South Park, Cazenovia and Delaware Golf Course (each) 18 holes on Saturday, $ 9.00 $ 13.00 Sunday or holiday Seniors and youths under 16 $6.50 $13.00 18 holes on other days $7.50 $11.50 Seniors and youths under $ 5.00 $ 11.50 16 Reserve tee time, per $ 50.00 $ 50.00 reserved house It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinances is necessary. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. PASSED. AYES- 12 NOES- 0. No. 182 By: Mrs. Lockwood Identify Process to Assure Building Permit Compliance Whereas: The City of Buffalo issues building permits for new projects requiring they be erected within the parameters and specified conditions set forth and approved by city planning agencies and this Common Council; and Whereas: Buildings and structures erected within the City, that conform to the approved parameters, are issued certificates of occupancy by the City Department of Inspections; and Whereas: A recent construction project located at 2 Fuhrmann Blvd. shows evidence that a 98'x 308' boat house was built seemingly in gross violation of an approved permit allowing for a 72' x 79' building on that site; and Whereas: The City's failure to detect this permit violation during the design, construction and inspection stages of the project points to a need for an effective plan for systematic detection and enforcement to assure building permit compliance within the City of Buffalo. Now, Therefore Be It Resolved That: This Common Council requests the Director of the Division of Housing and Property Inspections to file a report detailing the following information: a) Provide this Council with the project history of the "H. Gantzer - 2 Fuhrmann Blvd. boat storage building", including the names of all parties involved in the inspection process. Also, please provide an inspection history of any property owned by Harold Gantzer or Ganco Co. b) Outline the specific process that is utilized by your department in tracking a project from the issuance of the building permit, the construction phase, and all factors needed to qualify for a Certificate of Occupancy. c) What recourse does the City possess against violators of specifically approved building permit conditions? d) What changes can be made to strengthen the City's ability to effectively assure building permit compliance?; and Be It Further Resolved That: The Division of Housing and Property Inspections and Department of Public Works work in conjunction with the Corporation Counsel to review and amend the city ordinances to empower proper enforcement measures as recourse against violators of building permit conditions. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 183 By: Mrs. LoTempio Request For Ordinance Amendment Chapter 263 - Licenses The Common Council of the City of Buffalo does hereby ordain as follows: That subsection (H) be added to Chapter 263-12 of the Code of the City of Buffalo to read as follows: 263-12. Alarm devices or systems. (H) In order to encourage owners of alarm systems or devices to maintain such systems or devices in good repair so as to prevent the danger and expense associated with repeated false alarm responses by the department of fire and department of police, all owners of alarm devices or systems and/or owners of property monitored by alarm devices or systems shall be subject to an excessive use fee as specified in Chapter 175 -Fees as a result of any false alarm in excess of three per year, based upon the anniversary date upon which an approval permit for such alarm device or system was issued, for which the department of fire or the department of police has responded. The term "false alarm" shall mean any activation of an alarm device or system through intentional activation, mechanical failure, malfunction, improper installation, or the negligence of the owner, user, custodian or lessee of an alarm system, or his or her employees or agents which through notification to the department of fire or the department of police indicates that an emergency situation exists requiring an emergency response within the City of Buffalo, when, in fact, an emergency situation does not exist. Any false alarm in excess of three shall be classified as an excessive false alarm for which an excessive use fee shall be charged to the owner of the alarm system or device or to the owner of property monitored by an alarm system or device. An excessive false alarm shall not include alarms activated by acts of God, such as hurricanes, tornadoes, earthquakes, or any other similar cause beyond the control of the user of the alarm device or system. An "owner of an alarm device or system" shall mean the person whose name is provided on the approval permit issued for such alarm device or system. An "owner of a property monitored by such alarm device or system" shall mean any person having a fee interest in such property. The term "person" shall include any individual, firm, partnership, association, corporation, company or organization of any kind. (1) When an alarm device or system has activated three false alarms during a permit year, the director of licenses shall notify the alarm owner and the owner of property monitored by such alarm device or system in writing, by means of first-class mail sent to the address listed on the permit application and to the address to which an emergency response was required, respectively. Such notice shall inform the alarm owner and owner of property monitored by an alarm device or system that additional false alarms will be deemed excessive false alarms subject to an excessive use fee. Such notice shall specify the fee schedule for successive excessive false alarms, and shall state that excessive use fees will be billed to the address listed on the permit application and to the address at which an emergency response was required in the event of additional false alarms within the year. Such notice shall also state that in the event the alarm owner or owner of property monitored by an alarm device or system fails to pay any excessive use fee within 90 days after the initial billing, the excessive use fee shall be assessed against the property as a local assessment. (2) The department of police and the department of fire shall regularly conduct an internal review of all false alarm reports and the commissioner of each such department shall designate members of their respective departments to collect such evidence and make recommendations and findings of facts concerning classification of false alarms as excessive false alarms. The commissioner of fire or commissioner of police shall make final determinations concerning such classifications, which determinations shall be reviewable only pursuant to Article 78 of the Civil Practice Law and Rules. The commissioner of fire or commissioner of police shall certify to the director of licenses, the property addresses at which three false alarms or at which any excessive false alarms have occurred within thirty (30) days of such occurrence. The commissioner of fire and the commissioner of Police shall establish procedures whereby an alarm owner or owner of property monitored by an alarm system or device may present evidence as to why any such false alarm should not be classified as an excessive false alarm. In order to challenge the classification of a false alarm as an excessive false alarm, an alarm owner or owner of property monitored by an alarm devise or system must notify the commissioner of police or the commissioner of fire in writing, within twenty (20) days after the date of notification to the alarm owner or owner of property monitored by an alarm device or system of the excessive alarms incurred during the preceding period, except that the first three (3) false alarms may only be challenged within twenty (20) days of notification to an alarm owner or owner of property monitored by an alarm device or system of a fourth false alarm deemed to be an excessive alarm during a permit year. The failure to give timely notice shall be deemed a waiver of the right to challenge the classification. (3) Each false alarm shall require a report by the responding fire or police officer specifying the location of the alarm, the property address, the time of the alarm, the time of the response, the name of the responding officer and a description of the facts upon which a determination of excessive false alarm may be made. No false alarm shall be classified as an excessive false alarm and no fee shall be imposed therefore unless such report is recorded in the regular course of business of the relevant department. (4) The fee for any excessive false alarm shall be billed to the alarm owner and/or owner of the property monitored by an alarm system or device by means of a first-class mail. Any such billing shall specify the date and time of each false alarm occurrence leading to and including any deemed to be an excessive false alarm. In the event of nonpayment within 90 days after the initial billing of such excessive false alarm occurrence, the excessive use fee shall be assessed against the property in the manner provided by Article 29 of the Charter for local assessments. REFERRED TO THE COMMITTEE ON FINANCE. No. 184 By: Mrs. LoTempio Salary Ordinance Amendment 50 - Department of Human Resources 4 - Division of Substance Abuse Services 011 - YDA-DACC Narcotic Control Program The Common Council of the City of Buffalo do ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 50-0-001 Executive and Administrative and 50-4-011 Division of Substance Abuse Services - YDA-DACC Narcotic Control Program, which reads: 2 Typist $19,252 - $21,352 2 Account Clerk Typist $20,120 - 22,465 is hereby amended to read: 4 Typist $19,252 - $21,352 It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Michael V. Smith, Commissioner of Human Resources and James B. Milroy, Director of the Budget, hereby certify that the creation of two (2) Typists to the 011 Function and the deletion of two (2) Account Clerk Typists from the 011 Function is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the amount set forth in the foregoing ordinance. APPROVED AS TO FORM Edward Peace Corporation Counsel PASSED. AYES- 12 NOES- 0. No. 185 By: Mr. Perla Acceptance of Land Donation By The City of Buffalo Whereas: The Massachusetts Project is a joint effort of the Massachusetts Home Owners and Tenants Association and Government Officials from city and state levels, local churches, business leaders, and community agencies; and Whereas: The Massachusetts Avenue Project was established for the purpose of improving the quality of life of the children of this area as well as improving the overall dignity and quality of life for all residents; and Whereas: The first phase includes the construction of the community developed playground, located on the front premises of The Butler Mitchell Boys and Girls Club. This first phase has totally eliminated the once abundant parking that was available to the community and the Boys and Girls club; and Whereas: The parcel of land at 363 Massachusetts would be an ideal location for replacement parking for the community since this address is located directly across the street from the eliminated parking. This proposed lot would help facilitate the Massachusetts Project, The Butler Mitchell, Helping Hands and the community as a whole; and Whereas: The owner of 363 Massachusetts is willing to donate this parcel of land to the City of Buffalo; Now, Therefore, Be It Resolved: That the Comptroller's Office accept the parcel of land at 363 Massachusetts as a donation to the City of Buffalo; and Be It Further Resolved: That upon the City of Buffalo acquiring this parcel, the Department of Community Revitalization begin the process to demolish the building located on this parcel of land, using Block Grant funds from unexpended Niagara District allocations or other appropriate funds; and Be It Finally Resolved: That the Department of Community Development begin to design the proposed parking lot. PASSED. AYES- 12 NOES- 0. No. 186 By: Mr. Perla The Creation Of An Ordinance Amendment To Establish A Fee For Delinquent Property Owners In Correcting Housing Code Violations. Whereas: Throughout the City of Buffalo in 1993 there were over 69,000 housing inspections, approximately 35% of which were third and fourth call backs; and Whereas: The Division of Housing and Property Inspections has been faced with the task of making these third and fourth call backs, causing an overwhelming amount of Additional work for both inspectors and the clerical staff; and Whereas: The increase in the number of third and fourth inspections is a sign that property owners do not comply with the directives made as a result of the initial inspection; and Whereas: When an initial inspection of a property is conducted and violations are cited, ample time is permitted to correct these violations; and Whereas: Upon re-inspection, if the violations have not been rectified, the inspector is forced to make one or more subsequent inspections; and Whereas: These additional inspections consume a great deal of time and money, and the expense is levied upon the taxpayers of the City of Buffalo, with no expense to the abusive property owner. Now, Therefore, Be it Resolved: That the Common Council requests the Corporation Counsel toe draft an ordinance amendment establishing a fee of $75, to be charged to the property owner in current violation, for the third and each subsequent call back inspection that is a result of failure to comply with the directives of the initial inspection; and Be It Further Resolved: That in addition to this fee, the Corporation Counsel prepare the appropriate legislation to create a $25 extension fee which would allow a property owner to extend the period of time to correct the initial violations. This fee would be required to be paid at least two weeks before the first re-inspection is conducted. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL. No. 187 By: Mr. Pitts Certification of 39 Days Park As A Two Family Dwelling Whereas: 39 Days Park was an abandoned and dilapidated structure six years ago. The residents and City of Buffalo endeavored to demolish the structure, and Whereas: The present owner purchased the property and renovated it for his personal residence with a first floor rental apartment. The structure had traditionally been utilized as a double, and Whereas: The present owner just recently sold the building, however, the house is still classified as a single according to City records. This was surprising information to everyone concerned given the prior usage of the building since the 1930's, and Whereas: 39 Days Park is zoned R-3 which allows for two family dwellings. This means that a rezoning is not required, and Whereas: In order to allow for the sale and subsequent occupancy of the building at 39 Days Park the City must certify that it is a double instead of a single, meets all codes, etc. This entails the inspection and certification of the Department of Inspections and Community Revitalization. Now Therefore Be It Resolved That: The Common Council approve the certification of 39 Days Park as a two family dwelling as a result of prior use. Further Be It Resolved That: The Common Council requests the Commissioner of Inspections and Community Revitalization to inspect and issue the appropriate certification. PASSED. AYES- 12 NOES- 0. No. 188 By: Mr. Pitts Transfer Of Bond Funds From Hewitt-Robbins Site To St. Columba Square Site Whereas, on June 10, 1986 the Common Council of the City of Buffalo authorized the issuance of $95,000 General Improvement Serial Bonds for the purpose of street construction in connection with the planned development of the Hewitt-Robbins Site, with such funds being encumbered in Account No. 200-717-096, and Whereas, the allocated bond funds for the planned Hewitt-Robbins Site have not been expended because housing construction activity has not been commenced, and Whereas, additional funds have been deposited into Account No. 200-717-096 which were not restricted to use at the Hewitt-Robbins Site, and Whereas, the Common Council of the City of Buffalo has likewise authorized the issuance of $500,000 General Improvement Serial Bond for the purpose of street construction and other infrastructure improvements in connection with the St. Columba Square Site, with such funds being encumbered in Account No. 200-717-038, and Whereas, additional funding is still required to complete the street construction and infrastructure improvements relative to the St. Columba Square Site, and Whereas, the City desires to permit the funds remaining in Account No. 200-717-096 to be used at the St. Columba Square Site for street construction and other improvements. Now, Therefore, Be It Resolved: That the Common Council hereby authorizes the use of the remaining funds in Account No. 200-717-096 for street construction and other improvements at the St. Columba Square Site. Be It Further Resolved: That said resolution be, and the same hereby is approved. PASSED. AYES- 12 NOES- 0. No. 189 By: Mr. Pitts Authorize Necessary Permits and Licenses for "Summertime Blues" Charitable Fundraiser Whereas: The "Rally in the Alley", Buffalo's largest summertime, charitable fundraising event, has changed its format and title, and this year will be called "Summertime Blues"; and Whereas: This year's event, to benefit the Alzheimer's Association, WNY Chapter, will be held on Sunday, July 31, at 285 Delaware Avenue, and will feature live blues music, an auto show, food and beverages, and games of chance; and Whereas: Because the Alzheimer's Association is located in the Village of Kenmore and the event is scheduled for the City of Buffalo, in order to receive a games of chance I.D. number from the State of New York and the corresponding license from the city of Buffalo, the Director of the Games of Chance Bureau in Albany has outlined the following guidelines to the "Summertime Blues" organizers and the Alzheimer's Association: 1) The establishment of an operational office for the event in a non-profit facility within the city that already has a games of chance I.D. number; 2) Receive written approval and a games of chance license from the city of Buffalo; 3) Petition the State to grant a games of chance I.D. number; and Whereas: The Alzheimer's Association has initiated the necessary steps to establish an office in the city of Buffalo, and also enlisted the assistance of appropriate State officials to comply with all regulations; Now, Therefore, Be It Resolved: That this Common Council, to assist and expedite the process outlined above, formally states its support and approval for the issuance of the appropriate gaming permits and licenses necessary for the "Summertime Blues" and the Alzheimer's Association to hold this charitable fundraising event; and Be It Further Resolved: That the City Clerk forward certified copies of this resolution to Ted Garrison, Director of Wagering Systems, 120 Broadway, 13th Floor, New York, N.Y., 10271, and to Salvatore C. Durante, Executive Director of the Alzheimer's Association, WNY Chapter, 1605 Kenmore Avenue, Kenmore, N.Y. 14217; and Be It Finally Resolved: That a copy of this resolution be forwarded to Donald O. Allen, Director of Licenses for the City of Buffalo. PASSED. AYES- 12 NOES- 0. No. 190 By: Mr. Pitts and Mrs. Lockwood Authorize the Mayor to Submit ISTEA Grant Applications for Buffalo Place, the Canadiana, and the Industrial Heritage Committee and to Administer Grant If Awarded Whereas: The City of Buffalo is applying for two separate ISTEA Grants on behalf of Buffalo Place, one for lighting rehabilitation on the Pedestrian Mall in the amount of $453,811, the other for landscape improvements in the amount of $236,106; and Whereas: The City additionally is sponsoring the ISTEA grant application for the 5.5. Canadiana Preservation Society, Inc. seeking $500,000 to refurbish the hull of the ship, and for the Industrial Heritage Committee which seeks $363,000 for construction of the Industrial Heritage Trail; and Whereas: In each case, the City will be required to make a 20% match to any grant that is awarded. Funds for this match can come from a variety of sources such as Community Development Block Grant Funds, In-kind services, Capital Improvements Budget, City O & M budget, private foundations, or other appropriate funding sources; and Whereas: As part of the grant process, the legislative body is required to authorize the Mayor to submit ISTEA grant applications and further authorize the administration of the grant(s) if awarded; Now, Therefore, Be It Resolved: That the Common Council authorizes the Mayor to submit the applications made by the City of Buffalo on behalf of Buffalo Place, Inc., and to sponsor the grant applications of the 5.5. Canadiana Preservation Society, Inc., and the Industrial Heritage Committee and administer such grant(s) if awarded; and Be It Further Resolved: That the City Clerk be directed to forward certified copies of this resolution to Robert J. Russell, Regional Director, and Kurt Felgemacher, Regional Rail Coordinator of the new York State Department of Transportation, 825 General Donovan Building, Buffalo, New York 14203. PASSED. AYES- 12 NOES- 0. No. 191 By: Mr. Zuchlewski Suburu Buffalo 4 Mile Chase Whereas: the organizers of the Suburu Buffalo 4 Mile Chase have requested permission to conduct this annual race on Saturday, July 16th, and Whereas: in the past, there have been problems with various individuals and/or vendors selling up and selling inappropriate wares, and Whereas: through the sale of inappropriate wares, neighborhood merchants suffer adversely from this competition, and Whereas: neighborhood merchants would not be expected to have a permit and would be allowed to sell their goods as they normally would on a daily basis, and Now, Therefore, Be it Resolved: That the area bounded by Forest to St. James and Richmond to Delaware be a designated area in which neighborhood merchants are allowed, as always, to sell their wares and only those vendors who receive an appropriate permit issued by the organizers of the Suburu Buffalo 4 Mile Chase be allowed to do the same. PASSED. AYES- 12 NOES- 0. No. 192 By: Messrs. Zuchlewski & Perla Policy on Panhandlers Whereas: Over the past few years, the City of Buffalo has experienced an increasing problem with sidewalk panhandlers most notably in the Downtown and Elmwood Ave. Business areas, and Whereas: These panhandlers are becoming more aggressive in their solicitation of funds, often blocking the path of shoppers, workers and residents or accosting people as they leave a metro teller banking machine or soliciting funds from people eating at sidewalk cafes, and Whereas: Often people feel as though they have been "mugged" because of the aggressiveness of the panhandlers and they have found it easier to give the solicitor money rather than risk a perceived consequence, and Whereas: The City of Buffalo has an ordinance on its books (Article VI section 316-27) that requires any person or organization that wishes to solicit funds within the City limits to have the proper approvals and licenses before the solicitation can take place, and Whereas: The Buffalo Police Department has not prioritized this problem because it often times goes unreported and it appears to be a victimless crime, and Whereas: The victim of this crime are the businesses along Main St. and Elmwood Ave. that have lost customers and business because of this problem, and Whereas: Police officials believe there may be other crimes of opportunity related to panhandling such as car break ins, garage thefts purse snatchings etc. and Whereas: If we want people to come into the City of Buffalo to shop, to dine, to take part in our diversified cultural activities, we have to make areas such as Main St. and Elmwood Ave. desirable places to gather, and Whereas: It is imperative that the Buffalo Police Department understand that the "victim" of this crime are the businesses that suffer because it is allowed to continue, Now, Therefore, Be It Resolved, That this Common Council request the Police Department to respond as to why they are not prioritizing the problem with panhandlers on Main St. and Elmwood Ave. and what they intend to do in order to solve the problem, and Be It Further Resolved, That if the current laws are deemed inadequate, the Police Department and Law Department file an ordinance with this Common Council to address this problem. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE CORPORATION COUNSEL. No. 193 By: Mr. Zuchlewski Tax Exempt Properties and P.I.L.O.T. Agreements Whereas: Approximately one third of the property in the City of Buffalo is exempt from property taxes because of governmental, not-for-profit and other legal exemptions, and Whereas: During the course of any given year, various agencies such as half way houses, nursing homes, senior citizen developments, churches and other not-for-profit groups come before the Buffalo Common Council and/or the Buffalo Urban Renewal Agency for land disposition agreements, property purchases and various forms of funding assistance in order to operate in the City of Buffalo, and Whereas: While many of these developments are worthy causes, they will never appear on the property tax roles even though vital services such as police, fire protection, snow plowing and other amenities are provided to the users of these tax exempt facilities, and Whereas: In a City where 25.6% of the population is below poverty level, 23% of the population is made up of people over 55 and one third of the City is then exempt from property taxes it is becoming increasingly difficult to provide the citizens of this City with the very basic services we need to attract people to live and invest in our community, Now, Therefore, Be It Resolved That this Common Council request the Masiello Administration and the Buffalo Urban Renewal Agency to establish a joint policy with this body that before any further property in the City of Buffalo is turned over to a not-for-profit agency with the assistance of the City of Buffalo, Buffalo Urban Renewal Agency or other city agencies, that a Payment In Lieu of Taxes agreement be established before any property or project approval transactions are completed. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE MAYOR, BUFFALO URBAN RENEWAL AGENCY AND THE CORPORATION COUNSEL. No. 194 By: Mr. Zuchlewski Appointments Commissioners of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1994, conditional upon the persons so appointed certifying under oath to their qualifications and filing sac with the City Clerk: Ellen Broadus William J. Connors Michael Frank James R. Jagord Cottette M. Schoellkopf Michael S. Stewart Peter A. Van Dyke ADOPTED. No. 195 By: Mr. Zuchlewski Appointments Commissioner of Deeds Required For The Proper Performance of Public Duties That the following persons are hereby, appointed as Commissioner of Deeds for the term ending December 31, 1994, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Gina M. Verbocy ADOPTED. UNFINISHED BUSINESS No. 196 Bond Res. - $7,864,095 - Waterfront School (Item No. 136, C.C.P., May 17, 1994) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Coppola. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mrs. LoTempio. PASSED. AYES- 12 NOES- 0. No. 197 Bond Res. - $135,000 - Carnevale Ctr. (Item No. 190, C.C.P., May 31, 1994) Mr. Pitts moved that the above item be taken from the table. Seconded by Mr. Fahey. CARRIED. Mr. Pitts now moved that the above item be approved. Seconded by Mr. Perla. PASSED. AYES- 12 NOES- 0. No. 198 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 21, 1994 9:30 AM Finance Tuesday, June 21, 1994 Immediately Following Legislation Tuesday, June 21, 1994 2:00 PM Economic Dev Wednesday, June 22, 1994, 10:00 AM U. R. Agency Wednesday, June 22, 1994, 1:00 PM Ancillary Committees Special Committee on CATV - Mon, 6/20/94 10:00 AM - RM 1417 Admin Adjudication T. F. Thurs, 6/16/94 11:00 AM RM 1417 No. 199 Adjournment On a motion by Mr. Pitts, Seconded by Mr. Fahey the Council adjourned at 3:05 pm. Charles L. Michaux, III City Clerk