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HomeMy WebLinkAbout96-0206 No. 3 Common Council Proceedings of the City of Buffalo Regular Meeting Februrary 6, 1996 Special Meeting January 31, 1996 MAYOR Hon. Anthony M. Masiello COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER Rosemarie LoTempio COUNCILMEMBERS-AT-LARGE Beverly Gray Barbra Kavanaugh Rosemarie LoTempio DISTRICT COUNCIL MEMBERS Alfred T. Coppola Delaware Barbara Miller-Williams - Ellicott David A. Franczyk Fillmore David J. Czajka Lovejoy Byron Brown Masten Robert Quintana Niagara Dale Zuchlewski North Bonnie K. Lockwood South Kevin J. Helfer University REGULAR COMMITTEES CIVIL SERVICE COMMITTEE : David J. Czajka, Chairman, Alfred T. Coppola, Kevin J. Helfer,David Franczyk, Barbara Miller-Williams, Members CLAIMS COMMITTEE : Bonnie K. Lockwood, Chairman, Kevin J. Helfer, Alfred T. Coppola, David Franczyk, Barbara Miller-Williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. Zuchlewski Chairman, Barbara Miller-Williams, Byron Brown, Kevin J. Helfer, Robert Quintana, Rosemarie LoTempio Members. FINANCE COMMITTEE: David A. Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin J. Helfer, Bonnie K. Lockwood, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred Coppola, Chairman, David J. Czajka, Kevin J. Helfer, Rosemarie LoTempio, Robert Quintana Barbra Kavanaugh Members RULES COMMITTEE: James W. Pitts, Chairman, Kevin J. Helfer, Rosemarie LoTempio, Members EDUCATION COMMITTEE: Barbra A. Kavanaugh Chairman, Dale Zuchlewski, Kevin J. Helfer, Beverly Gray, Bonnie K. Lockwood, Barbara Miller-Williams Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Robert Quintana, Alfred Coppola, Kevin J. Helfer. BUDGET COMMITTEE: Rosemarie LoTempio, Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Byron Brown ERIE BASIN MARNA LEASE COMMITTEE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, Carl A. Perla, Jr. POLICE REORGANIZATION COMMITTEE: David J. Czajka Chairman; Kevin J. Helfer, Rosemarie LoTempio. TASK FORCES AUDITORIUM AND STADIUM TASK FORCE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, Rosemarie LoTempio, Corporation Counsel/Designee, Commissioner of Public Works/Designee, Commissioner of Community Development/Designee, Commissioner of Administration and Finance/Designee, President of Development Downtown. ERIE BASIN MARINA TASK FORCE: James W. Pitts, Chairman, Kevin L. Helfer, Bonnie K. Lockwood, Comptroller/Designee, Commissioner of Public Works/Designee, President of Slip Renter's Assoc./Designee, Buffalo Sabres/Aud Club. PARKS CONSERVANCY TASK FORCE: David A. Franczyk, Chairman, Kevin J. Helfer, Dale L. Zuchlewski, John Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta, Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Paula Mulligan, Louise Snyder, Rev. Benny Sheppard, Friends of Olmsted designee, Commissioner of Parks/Designee, Commissioner of Public Works/Designee, Commissioner of Community Development/Designee. GREENWAY TASK FORCE: Bonnie Kane-Lockwood, Chairman, James August, Frederick Holman, Barry Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark Mistretta, Thomas Pallas, Philip Snyder, Lorraine Pierro, Cynthia Schwartz, Ann Poole, Suzanne Toomey-Spinks, Dr. Rae Rosen, Margaret Wooster, Jerry Malloy, David P. Comerford, Tammy Barnes, Terry Wherry CARBON MONOXIDE TASK FORCE: David Czajka Chairman, Fred Larson, Matthew Baudo, Paul Mielcarek, David Pierowicz, Phil Haberstro, Mike Rabb, Donna DeCarolisle, Jay Burney, Mark Kubiniec, Yerby Dixon. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL- BUFFALO Tuesday, February 6, 1996 at 2:00 P.M. PRESENT- James W. Pitts President of the Council, and Council Members Brown, Coppola, Czajka, Franczyk, Gray, Helfer, Kavanaugh, Lockwood, LoTempio, Pitts, Quintana, Williams and Zuchlewski- 13. ABSENT- None. On a motion by Mrs. LoTempio, seconded by Mr. Czajka, the minutes of the stated meeting held on January 23, 1996 were approved. FROM THE MAYOR No. 1 Appointment of Member to the Elevator Safety Review Board Pursuant to the powers vested in me by Chapter 167.3 of the Buffalo Code, I hereby appoint Mr. John Lydon, residing at 58 Chatham Avenue, Buffalo, New York 14216 to the Elevator Review Board as a representative of the architectural design profession for a term expiring April 30, 1998. Mr. Lydon is replacing Robert O'Hara, who has resigned and his term expired 4/30/95. Mr. Lydon has a Bachelors degree in Industrial Arts, and a Masters degree in Architect from the University of Buffalo. He is a licensed New York State Registered Architect. John Lydon is the former Director of Buildings for the City of Buffalo and a former Lieutenant in the Fire Prevention Bureau. He is also a New York State Code Enforcement Officer. I hereby certify that John Lydon is fully qualified to serve as a member of the Elevator Safety Review Board, RECEIVED AND FILED. No. 2 Appointment & Reappointment of Members to the Committee for Youth (Buffalo Youth Board) Pursuant to the powers vested in me by Section 285.27 (285.15) Article 14-A of the Charter of the City of Buffalo, as amended, I hereby appoint and reappoint the below listed persons as members of the Committee for Youth (Buffalo Youth Board) effective February 1, 1996 for terms expiring February 1, 2000: Reappointment: Michael Cercone 186 Admiral Road Buffalo, New York 14216 Rev. William Cobb 136 Bennett Village Terr., Buffalo, NY 14214 Margaret Lombardi 86 Culver Road Buffalo, NY 14220 James Gomes 24 Stanton Street Buffalo, NY 14206 Albert R. Howard 215 Peach Street Buffalo, NY 14204 APPOINTMENT: Hon. Patrick Carney 93 Larchmont Buffalo, NY 14214 Hon. Shirley Trautman 50 Delaware Avenue Buffalo, NY 14202 Rev. James A. Lewis II 106 Rohr Avenue Buffalo, NY 14211 Rev. Michael Chapman 107 Marigold Avenue Buffalo, NY 14214 Herb Bellamy, Jr. 395 E. Ferry Street Buffalo, NY 14208 Nick Donifacio Butler Mitchell Club 307 Massachusetts Buffalo, NY 14213 Sylvia Nadler Compass House 370 Linwood Avenue Buffalo, NY 14209 Greg Hill Community School #53 329 Roehrer Avenue Buffalo, NY 14208 Jessie Carmichael BMHA/Substance Abuse Buffalo, New York 14202 2101 City Hall Elayne Blyden 157 Hempstead Buffalo, New York 14215 Marie Goodloe Downtown YWCA 190 Franklin Street Buffalo, New York 14202 Forrest Benson 427 City Hall Buffalo, New York 14202 P. 0. Patrick Cray Police Community Services 635 Elk Street, Buffalo, New York 14210 YOUTH Jua Tutein 148 Eaton Street Buffalo, New York 14208 Lenny Valvo 459 Niagara Street Buffalo, New York 14201 Dennis McKnight 11 E. Utica Street Buffalo, New York 14209 Adambu Ejimadu 254 Olympic Ave., Buffalo, New York 14215 Kareem McCulley 132 Rodney Buffalo, New York 14214 I hereby certify that the above narned individuals are fully qualified to serve as members of the Committee for Youth (BuffaloYouth Board). REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION. No. 3 1996-97 Recommended Budget North AmeriCare Park I hereby transmit to your Honorable Body my 1996-97 recommended budget for the North AmeriCare Park Enterprise Fund pursuant to Local Law and Section 295.9(c) of the City Charter. This budget covers operating costs and debt service requirements for North AmeriCare Park's 1996-97 fiscal year which runs from April 1 through March 31. At the outset I must point out that the Enterprise Fund is suffering from the same problem that plagues the City's General fund, namely, insufficient revenues. Total revenues and resources have been decreased 14.8 percent from the 1995-96 budget or approximately 1 percent from 1994-95 actual receipts. Rental income has been decreased as have revenues from concessions and souvenirs. Revenue estimates in these areas have been revised in light of a persistent decline in attendance at the Park. Naming rights revenue has been increased to reflect the new naming rights agreement. other areas showing increases are club rental and club utilities. Both of these revenue streams have escalator provisions under the lease agreement. On the expense side of the ledger, practically every line item has been decreased with the exception of personal service costs and utilities. Personnel costs have been increased in recognition of the fact that the Aud will go off line with the opening of the new arena. Consequently, the Director's salary has been calculated at 75 percent of total as oppossed to 50 percent of total as in past years. The cost of security services has been eliminated as these services will now be provided utilizing seasonal staff. I respectfully request that your Honorable Body approve the budget I am submitting for I believe it provides sufficient resources to allow North AmeriCare Park to operate without a subsidy from the General Fund for the 1996-97 Fiscal Year and ensures that 1996-97 will be another successful season for the Bisons and the City. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 4 Word of Faith Ministries - Request to Convert a Multiple Dwelling to a Shelter for the Homeless at 142 Doat Street Item No. 57, C.C.P., 1/9/96 The City Planning Board at its regular meeting held Tuesday, January 30. 1996. considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code. Review of Human Service Providers. The applicant seeks to convert an existing multiple dwelling into a homeless shelter. The shelter will house a maximum of nine homeless individuals with one resident supervisor and five staff members. It is anticipated that the longest stay for any single resident will be one year. Under the Buffalo Code, human service providers of this type may be permitted in any R or C zone in the city, provided that they are approved individually by your Honorable Body and that they are not located in an area in which there is a concentration of such facilities. In this instance. the area within a one-half mile radius of the subject property is not saturated with human service providers. Specifically, only four human service providers are located within the subject area. Under SEQR the proposed shelter conversion is considered an unlisted action which may be studied via uncoordinated review. The Planning Board voted to approve the proposed homeless shelter. RECEIVED AND FILED. No. 5 Rite Aid on N.Y. Inc. Request to Erect a Pole Sign at 1220 Lovejoy Item No. 72. C.C.P., 1/23/96 The City Planning Board at its regular meeting held Tuesday, January 30, 1996. considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code. Review of Pole Signs. The applicant seeks to replace an existing pole sign with an illuminated pole sign. The new sign will be 18 feet in overall height and will have a sign face area of 49 square feet (7 feet by 7 feet) with a 5 foot by 7 feet reader board (35 square feet). The site is located within a C2 zone which permits such signage. Under SEQR the proposed sign replacement is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed sign replacement with the condition that it be set in an appropriate landscaped base. RECEIVED AND FILED. MAYORS ADVOCACY OFFICE FOR PERSONS WITH DISABILITIES No. 6 Snow Shoveling C.C.P. Item 187 January 23, 1996 Thank you for the opportunity to review and comment on Item 187 C.C.P. from January 23, 1996 regarding "Sidewalk Shoveling." While the current City Ordinance addresses the issue of removing snow and ice in a timely manner, enforcement is not a priority. Even when area businesses and residents do shovel, they often neglect shoveling the curb cuts at the corner of city blocks. These curb cuts allow all residents to safely cross the street and remove some of the many barriers that have been encountered by citizens using assistive devices (wheelchairs, canes, crutches etc.) or persons with visual impairments. Special emphasis should be made to address this issue throughout the city. Property surrounding many of the bus stops or subway stations have also been very difficult to traverse this winter. Attention needs to be directed to those areas where access is especially important for pedestrian travel. The issue of plowing hard packed snow onto residential property also should be reviewed. many times, older residents and people with disabilities are unable to move these large lumps of snow that the snow plow leaves behind. Finally, the issue of absentee landlords and city owned properties deserve further inspections. Residential properties owned by absentee landlords are not shoveled despite people living in the residence. Increasing the fines and the enforcement of existing laws will help the city gain financially and return the responsibility back to the property owner. Once again, thank you for allowing me to comment on this proposed piece of legislation. If further discussions or committees are formed surrounding this matter, I would consider it a privilege to become a member. Persons with disabilities are a large segment of our population and deserve the same opportunities to enjoy the many positive aspects of our City. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMPTROLLER No. 7 Certificate of Necessity Capital Budget Amendment Authorization for Additional Capital Indebtedness We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 359 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the Common Council prior to July 1, 1995 for the ensuing fiscal year, by adding the following item: 200 Capital Projects 402 Division of Buildings Hertel Avenue Police Station $500,000 RECEIVED AND FILED. No. 8 Certificate of Necessity Capital Budget Amendment Authorization for Additional Capital Indebtedness We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 359 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the Common Council prior to July 1, 1995 for the ensuing fiscal year, by adding the following item: 200 Capital Projects 401 Division of Engineering Local Match for Marchiselli Funds $3,439,785 RECEIVED AND FILED. No. 9 Certificate of Necessity Increased Appropriation Appropriation Allotments - Board of Education We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $5,000,000 in the estimates for the fiscal year beginning July 1, 1995 is necessary in Appropriation Allotments - Board of Education, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase of $5,000,000 in the General Fund City Revenue account 100-810 402000 98960 Bond Issue Proceeds not otherwise appropriated for any other purpose. The detail of the requirements are set forth below To: 100 General Fund 97-0 - Board of Education Operation Maintenance $5,000,000 RECEIVED AND FILED. No. 10 Certificate of Necessity Transfer of Funds Division of Budget and Management Division of Engineering 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 $83,000 be transferred and reappropriated from the Division of Budget and Management, as set forth below: From: 200 Capital Project Fund 061 - Division of Budget and Management 001 - Planning for Capital Projects $83,000 To 200 Capital Project Fund 401 - Division of Engineering 556 - Marine Midland Arena Street Reconstruction, Group 364 Phase I $83,000 RECEIVED AND FILED. No. 11 Capital Debt Service Fund Deposits - 1995/1996 Fiscal Year Certificate Number 2-95-96) of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service of Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period Commencing July 1, 1995 and ending June 30, 1996 I, Joel A. Giambra, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of' Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other Matter in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Herby Certify as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 1995 and ending June 30, 1996 is $38,505,425.53. 2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 1995 through and including November 30, 1995) is $12,147,448.64. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 1995 through and including June 30, 1996) is $26,357,976.89. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 1995 and ending December 31, 1995 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation -Amount Due Date Due Place Due Serial Bonds $ 1,374,860.00 Jul. 31, 1995 M & Trust Company, Buffalo, NY Serial Bonds 436,282.50 Jul 31, 1995 Key Trust Company, Albany, NY Serial Bond 259,932.50 Aug. 1, 1995 Chase Manhattan Bank, NA, New York,NY Serial Bonds 635,816.25 Aug. 14, 1995 Key Trust Company, Albany, NY Serial Bonds 1,338,266.25 Aug. 14, 1995 Marine Midland Bank, New York, NY Serial Bonds 1,600.000.00 Aug. 15,1996 Marine Midland Bank, New York, NY Serial Bonds 753,433.76 Aug. 31, 1995 Marine Midland Bank, New York, NY Serial Bonds 15,480.00 Sept. 1, 1995 Chase Manhattan Bank, NA, New York, NY Serial Bonds 446,232.50 Sept. 29, 1995 Chemical Bank, New York, New York Serial Bonds 511,725.13 Sept. 29,1995 Marine Midland Bank, New York, NY Serial Bonds 770,343.75 Sept. 29, 1995 Fleet Trust Company, New York, New York Serial Bonds 2O3,000.00 Oct. 1, 1995 Chase Manhattan Bank, NA, New York, New York Serial Bonds 1,484,000.00 Oct. 1, 1995 Marine Midland Bank, New York, New York Serial Bonds 184,885.00 Nov. 1, 1995 Chase Manhattan Bank, NA, New York, New York Serial Bonds 12,780.00 Nov. 30, 1996 Chase Manhattan Bank, New York, NY Serial Bonds 49,195.00 Nov. 30, 1995 M&T Trust Company, Buffalo, NY Serial Bonds 739,091.00 Nov. 30, 1995 Marine Midland Bank, New York, New York Serial Bonds 130,000 Dec. 1, 1995 M&T Trust Company, Buffalo, NY Serial Bonds 191,125.00 Dec. 1, 1995 Chase Manhattan Bank, NA, New York,NY Serial Bonds 1,011,000.00 Dec. 1, 1995 Marine Midland, New York, New York $12,147,448.64 5. The aggregate amount to be deposited by the Director of the Treasury with the Fleet Bank, Buffalo, New York, commencing on July 1, 1995 is $12,147,448.64. 6. The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing January 1, 1996, and ending June 30, 1996, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bonds $I,374,86O.00 Jan. 31, 1996 M &T Trust Company, Buffalo, NY Serial Bonds 436,282.50 Jan. 31, 1996 Key trust Company, Albany, NY Serial Bonds 451,361.25 Jan. 31, 1996 Marine Midland , New York, NY Serial Bonds 6,265,000.00 Feb. 1, 1996 M&T Trust Company, Buffalo, NY Serial Bonds 19,130.00 Feb. 1, 1996 Chase Manhattan Bank, NA, New York, New York Serial Bonds 1,340,000.00 Feb. 1, 1996 Key Trust Company, Albany, NY Serial Bonds 75,000.00 Feb., 1, 1996 Marine Midland, New York, New York Serial Bonds 635,816.25 Feb. 14, 1996 Key Trust Company, Albany, NY Serial Bonds 699,651.25 Feb. 14, 1996 Marine Midland Bank, New York, New York Serial Bonds 2,090,000.00 Feb. 15, 1996 Key Trust Company, Albany, NY Serial Bonds 753,433.70 Feb. 29, 1996 Marine Midland Bank, New York, New York Serial Bonds 2,255,000.00 Mar. 1, 1996 Marine Midland Bank, New York, New York Serial Bonds 240.00 Mar. 1996 Chase Manhattan Bank, NA,New York, New York Serial Bonds 446,232.50 Mar. 29, 1996 Fleet, Bank, Buffalo, New York Serial Bonds 770,343.75 Mar. 29, 1996 Fleet Trust Company, New York. New York Serial Bonds 481,303.13 Mar. 29, 1996 Marine Midland Bank, New York, NY Serial Bonds 1,240,000.00 Apr. 1, 1996 Fleet Bank, Buffalo, NY Serial Bonds 2,700,000.00 Apr. 1, 1996 Fleet Trust Company, New York, New York Serial Bonds 516,250.00 Apr. 1, 1996 Chase Manhattan Bank, NA, New York, New York Serial Serial Bonds 131,375.00 May 1, 1996 Chase Manhattan Bank, NY, New York, NY Serial Bonds 12,780.00 May 31, 1996 Chase Manhattan Bank, NA, New York , NY Serial Bonds 45,100.00 May 31, l996 M&T Trust Company, Buffalo, New York Serial Bonds 715,332.50 May 31, 1996 Marine Midland Bank, New York, New York Serial Bonds 477360.00 May 31, 1996 Key Trust Company, Albany, NY Serial Bonds 2,426,125.OO Jun.1, 1996 Chase Manhattan Bank, NA, New York, New York $26,357,976.89 7. The aggregate amount to be deposited by the Director of the Treasury with the Fleet Bank, Buffalo, New York commencing on December 1, 1995 is $26,357,976.89. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, Fleet Bank, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. I have this day delivered a copy of Certificate Number 2-95/96 to the Director of Treasury and to the Fleet Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 24TH Day of January, 1996. REFERRED TO THE COMMITTEE ON FINANCE. No. 12 Performance Audit Report Department of Neighborhoods, Housing and Inspections Division of Housing and Insp. - Permits In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Division of Housing and Inspections - Permits, Audit Report for the period July 1, 1989 to June 30, 1995. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS. No. 13 Bond Closeout The City of Buffalo issues bonds to provide funds to finance the costs of various capital projects which are described in the bond resolutions submitted to the Common Council. When we raise capital funds by selling bonds, it is reasonably anticipated that all of the projects will proceed timely and binding commitments for the completion of the projects will be entered into in a timely manner. Proceeds of bonds not expended for the object or purpose for which the bonds were sold must be applied to the payment of principal and interest on such bond (Local Finance Law - Section 165.00). The Division of Accounting has been advised by the Department of Public Works that the project has been completed and the bond fund account should be closed out. Acct # 200 Purpose 700-00 1 Acquisition of Animal Shelter Unencmbered Restricted Unrestricted Balance for Future for 1/31/96 Debt Svc Debt Service $95,702.44 $95,1702.44 -0- Upon favorable action by Your Honorable Body, I will close the bond account and the amount restricted for future debt service will be transferred to the debt service reserve. REFERRED TO THE COMMITTEE ON FINANCE. No. 14 Result of Negotiations 158 Chester, W 5251 N Ferry Vacant Lot: 251 x 104.50' Assessed Valuation: $1,300 Item No. 16, C.C.P. 9/5/95 In the above referenced Item, Your Honorable Body authorized the Comptroller's office, Division of Real Estate, to negotiate a private sale with Mr. Edward M. Williams of 162 Chester Street, to purchase the above captioned City-owned property. Mr. Williams would like to purchase this property for extra yard space. An independent appraisal of the property was conducted by Mr. Dennis Walker, Appraiser, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New York 14209. He has estimated the fair market value of the property to be Nine Hundred Dollars ($900.00). The estimate represents approximately ThirtyFour Cents (.34) a square foot for the subject property. The Division of Real Estate has concurs with the appraiser's estimate of value. The results of our negotiations are that Mr. Edward Williams has agreed and is prepared to pay Nine Hundred Dollars ($900.00) for the subject property. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 158 Chester Street to Mr. Edward Williams in the amount of Nine Hundred Dollars ($900.00). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 15 Alter Time - Bd. Of Education Elections Item #189, C.C.P. 1-23-96 I am in full agreement with any resolution and/or measure which alter the Board of Education elections to coincide with those of the General Elections in November. In my resolution filed with the Common Council (1-25-95) I outlined my specific reasons why such an alteration is necessary. At this time, I still hold firm to that report and my opinion. REFERRED TO THE COMMITTEE ON EDUCATION. No. 16 Certificate of Appointment Appointment effective January 29, 1996, in the Department of Audit and Control, Division of Accounting, to the position of Assistant Accountant, Temporary, at the intermediate starting salary of $27,239. Kathleen E. Seeger, 364 Bryant Street, Apt. 1, Buffalo, NY 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL No. 17 Appoint Members Special Committee On Police Reorganization I am appointing Council Members Kevin Helfer, Robert Quintana, Beverly Gray and Rose LoTempio to the Special Committee on Police Reorganization. Council Member David Czajka will continue as Chairman. RECEIVED AND FILED No. 18 Appoint Members Taylor Law Impasse Committee I am appointing Council Members Rose LoTempio, Alfred Coppola, Kevin Helfer and Robert Quintana to the Taylor Law Impasse Committee. I will serve as Chairman. RECEIVED AND FILED. No. 19 Appointment Member Stadium/Aud Task Force I am appointing Council Member Barbara Miller-Williams to replace former Council Member Clifford Bell on the Stadium and Aud Task Force. The other Appointees and positions remain as it was previously. Your cooperation is appreciated. RECEIVED AND FILED. FROM THE COMMISSIONER OF ASSESSMENT No. 20 Liquor License Request Item #66, C.C.P. 12/12/95 We reviewed our files to determine if the individuals and/or corporations applying for a liquor license owe real property tax, newer rent, local assessment and occupancy tax. Please be advised of the following: 1) Our Assessment roll does not reflect 682 Main Street as a parcel in the City of Buffalo. The parcels closest to this are assessed as: 678 Main, assessed to Paul G. Green, 179 Admiral Road, Buffalo, N.Y. who also owns the property at 179 Admiral Road; and 686 Main, assessed to Sidney and Gerald Birzon, 686 Main Street, Buffalo, N.Y. The city taxes and sewer rent are paid on the parcels listed above. There are no local assessments and the occupancy taxes are paid. We do not show ownership in the City of Buffalo under the applicants name of William J. Gangloff or the corporation name of WOF, Inc. 2) 372 William is assessed to Leinster F. West III, 372 William St., Buffalo, N.Y. Assessment records also show the following parcels assessed to the above: 9 Iroquois, mailing address 372 William Street, Buffalo, N.Y. 17 Woeppel, assessed to Leinster F. & Jacqueline West, 866 Humboldt Pkwy., Buffalo, N.Y. and 866 Humboldt, assessed to Leinster F. West & W., mailing address same. On the above parcels, the 1995-96 first installment city tax and sewer rent in paid. The 2nd half installment of the city tax, which was due by 1/2/96 is still owing as follows: 372 William $453.83 9 Iroquois 11.70 17 Woeppel 44.08 866 Humboldt 216.62 The above figures include interest to 1/31/96. There are no local assessments. The occupancy tax for 372 William remains unpaid in the amount of $52.64. All other parcels show occupancy tax as paid. The applicant's listed mailing address of 638 Humboldt Pkwy. is assessed to Bessie Mae Carlisle, 866 Humboldt Pkwy., Buffalo, N.Y. The city taxes and sewer rent are paid. There is no local assessment and the occupancy tax is paid. RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS No. 21 Notification Serial #8575 Repeal alternate Parking - Type II Eagle Street between Monroe Street/Grosvenor Street and Fillmore Avenue In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION HWY PROHIBITED PERIOD Eagle Street, south side between 9:00 A.M.-4:00 P.M. Grosvenor Street and Fillmore Thursday, Friday Avenue excluding viaduct area Eagle Street, north side between 9:00 a.m.-4:00 p.m. Monroe Street and Fillmore Avenue Monday, Tuesday, excluding viaduct area Wednesday Notification Serial #8576 Install Alternate Parking - Type II Eagle Street between Jefferson Avenue and Fillmore Avenue In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD Eagle Street, south side 9:00 a.m. - 4:00 p.m. between Jefferson Avenue Thursday, Friday and Fillmore Avenue excluding viaduct area Eagle Street, north side 9:00 a.m. - 4:00 p.m. between Jefferson Avenue Monday, Tuesday and Fillmore Avenue Wednesday excluding viaduct area This action is being taken to update our records and provide consistency with existing field conditions (see previous serial). Notification Serial #8577 Install No Parking Except Official Police Vehicles Sycamore Street, north side between Elm Street and Oak Street NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING - EXCEPT OFFICIAL POLICE VEHICLES PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD Sycamore Street, north side At all times between Elm Street and Oak Street excluding No Parking and No Standing zones This action is being taken as per a request from the County of Erie, Department of Central police Services. Notification Serial #8578 Repeal No Parking on Washington Street, east side from East Chippewa Street to a point 218' north therefrom NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD Washington Street, east side At all times from East Chippewa Street to a point 218' north therefrom This action is being taken to provide an on-street area for "bus parking" as needed by downtown hotels in this region. (see next serial) Notification Serial #8579 Install No Parking except buses on Washington Street, east side from East Chippewa Street to a point 218' north therefrom NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING EXCEPT BUSES PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD Washington Street, east side At all times from East Chippewa Street to a point 218' north therefrom This action is being taken to provide an on-street area for "bus parking' as needed by downtown hotels in this region. (see previous serial) Notification Serial #8580 Repeal One-Way Street Direction Cottage Street - southeastbound from Maryland Street to Virginia Street ONE-WAY STREET DIRECTION - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION TRAFFIC MOVEMENT Cottage Street southeastbound from Maryland Street to Virginia Street This action is being taken to allow access to College Street from Virginia Street and to provide consistency with current field conditions. Notification Serial #8581 Install One-Way Street Direction Cottage Street - southeastbound from Maryland Street to College Street ONE-WAY STREET DIRECTION - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION TRAFFIC MOVEMENT Cottage Street southeastbound from Maryland Street to College Street This action is being taken to allow access to College Street from Virginia Street and to provide consistency with current field conditions. Notification Serial #8582 Install Stop Sign in Cottage Street at Virginia Street STOP SIGNS - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGN VEHICLES ON SHALL STOP BEFORE ENTERING Cottage Street Virginia Street These two streets form a "T" intersection with unique geometries which is presently uncontrolled. This action will provide the necessary traffic control for this intersection. Notification Serial #8583 Install Stop Sign in Tyler Street at West Winspear Avenue STOP SIGNS - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGN VEHICLES ON SHALL STOP BEFORE ENTERING Tyler Street West Winspear Avenue These two streets form a "T" intersection with unique geometries which presently contain conflicting traffic movements. This action will provide the necessary traffic control for this intersection. REFERRED TO THE COMMITTEE ON LEGISLATION No. 22 Change in Contract North Stairwell Extension Buffalo City Hall I hereby submit to Your Honorable Body the following changes for the North Stairwell Extension, Buffalo City Hall - Claude Mayo General Carpentry - Order #11427310. 1. Alter layout at request of City Engineer. Add $ 1,656.05 The foregoing changes result in a net increase in the contract of One Thousand Six Hundred Fifty Six and 05/100 Dollars ($1,656.05). Summary: Original Amount of Contract $28,774.00 Amount of This Change (No. 1) Add 1,656.05 Revised Amount of Contract $ 30,430.05 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in Division of Buildings 0 & M. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved That the communication from the Department of Public Works, dated January 22, 1996, be received and filed- and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. I to Claude Mayo General Carpentry, changes resulting in a net increase in the amount of $1,656.05, as more fully described in the above communication, for work relating to the North Stairwell Extension, City Hall, Order #11427310. Funds to be charged to the Division of Buildings 0 & M. PASSED AYES - 13 NOES - 0 No. 23 Change in Contract Reconstruction of School 29 Senior Center I hereby submit to Your Honorable Body the following changes for the Reconstruction of School 29 Senior Center, C & A Painting - C #91786500. 1. Delete panelboard feeder circuit. Deduct $ 415.00 The foregoing changes result in a net decrease in the contract of Four Hundred Fifteen and 00/100 Dollars ($415.00). Summary: Original Amount of Contract $ 49,600.00 Change Order No. 1 (5/16/95; item #42) Add 850.00 Amount of This Change (No. 2) Deduct 415.00 Revised Amount of Contract $ 50,035.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated January 29, 1996, be received and filed,- and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 2 to C & A Painting, changes resulting in a net decrease in the amount of $415.00, as more fully described in the above communication, for work relating to the Reconstruction School 29 Senior Center, C #91786500. PASSED. AYES- 13 NOES- 0. No. 24 Report of Bids Interior Stair Reconstruction Buffalo Police Headquarters 74 Franklin Street I advertised for on January 16, 1996 and received the following sealed proposals which were publicly opened and read on January 30, 1996: Gerald T. Stay Co. $23,000.00 Nichter Associates $23,823.00 Vara Science $32,467.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Gerald T. Stay Co. in the amount of $23,000.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this Work are in B/F 200-402-513. Estimate for this work was $25,000.00. Mrs. LoTempio moved: That the communication from the Department of Public Works. dated January 30, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Interior Stair Reconstruction, Police Headquarter's,. to Gerald T. Stay Co., the lowest responsible bidder in the amount of $23,000.00; with said cost to be charged against the B/F 200-402-513. PASSED AYES - 13 NOES - 0 No. 25 Report of Bids Reconstruction 118 East Utica St. Buffalo, NY I advertised for on January 2, 1996 and received the following sealed proposals which were publicly opened and read on January 23, 1996: General Construction Work Less Less Base Bid Alt Bid G-1 Alt Bid G-2 Claude Mayo Construction $293,400 $23,073 $ 9,971 G. T. Stay 334,600 21,000 10,000 C & A Painting Contractor 337,000 22,000 9,000 BSC Construction 337,000 15,558 7,482 Nichter Associates 337,400 22,000 9,000 Wilsandra Construction 347,000 17,000 9,900 Kirst Construction 349,900 23,600 10,700 C. Nichter Inc. 351,300 27,000 11,100 Williams General Contractor 353,667 23,000 10,830 C. H. Byron 360,000 12,000 4,000 BRD Inc. 368,800 20,000 9,975 Patrick Development 378,000 21,000 10,000 Kostas General Construction 382,968 23,785 10,000 Clarence Associates 388,883 21,000 10,500 All State Development 394,493 22,500 12,000 Hadala Corporation 415,000 31,500 10,100 New Era Construction 472,250 23,800 10,100 Alternate G-1 is to omit the new stair in the existing stairwell and to sandblast and paint the original stair. Alternate G-2 is to omit all interior painting. Plumbing Work MKS Plumbing $ 58,845 Elmwood Plumbing 58,900 Ackerman & Huebsch 64,122 Numarco 74,800 W. C. Roberson 77,353 Electrical Work Goodwin Electric $ 78,700 Grand Island Electric 83,879 Weydman Electric 112,300 HVAC Work B. H. Refrigeration $ 95,900 J. W. Danforth 104,990 Buffalo Sheet Metals 111,111 Allied Mechanical 119,537 Vastola Heating & Air Cond. 120,685 W. C. Roberson 131,500 I hereby certify that the foregoing is a true and correct statement of all bids received and the following are the lowest responsible bidders in accordance with the plans and specifications. General Construction Work - Claude Mayo Construction base bid $293,400 less Alt. #1 ($23,073) and less Alt. #2 ($9,971 in the total amount of $260,356. Plumbing Work - MKS Plumbing in the amount of $58,845. Electrical Work - Goodwin Electric in the amount of $78,700. HVAC Work - B. H. Refrigeration in the amount of $95,900. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are to be in CPF 200-402-533. Estimate for this work was $450,000.00. REFERRED TO THE COMMITTEE ON FINANCE. No. 26 57 Tonawanda Street; Encroachment within Right-of-Way Mr. Michael Plotner, Engineering Maintenance Supervisor for Fedco Automotive Products, located at 57 Tonawanda Street, has requested permission to install benches and planters within City right-of-way at said address. The proposed planters would be constructed of brick, measure 1.61 in height and be located primarily adjacent to the building face on West Avenue with a maximum projection of 6'. The planters, benches and landscaping are part of an ongoing renovation of the existing building. The Department of Public Works has reviewed Mr. Plotner's application pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said 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 planters and benches he installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant be responsible for maintenance of the benches and planters as long as they remain within City right-of-way. 4. That the applicant be responsible for the relocation of any existing underground utilities affected by said installation. 5. That the applicant provide the Department of Public Works 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 planters and benches. Mrs. LoTempio moved That the communication from the Department of Public Works, dated January 31, 1996, be received and filed, and That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Michael Plotner, Engineering Maintenance Supervisor for Fedco Automotives Products, located at 57 Tonawanda Street, to install benches and planters which would encroach city right-of-way at said address, subject to the conditions as more fully described in the above communication. PASSED AYES - 13 NOES - 0. No. 27 Certificate of Appointment Appointment Effective: February 5, 1996, in the Department of Public Works, Division of Water, to the Position of Sr. Data Processing Equipment Operator, Permanent Promotion, at the lntermediate starting salary of $26 441. Karen E. Giancarlo, 218 Carmel Road, Buffalo, 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE No. 28 Fully Executed Aid To Law Enforcement 1995-1996 Renewal Grant Contract For your information, please be advised that the Aid To Law Enforcement Grant Program renewal between the New York State Division of criminal Justice Services and the City of Buffalo for the project period of April 1, 1995 through March 31, 1996 has been fully executed. The City's share of State funding is $652,998.00. As is our standard practice, a copy of this contract is on file in the Department of Administration/Finance (Budget), the Division of Audit/Accounting, and in the Division of Administration/Communications (Buffalo Police Department). We have also notified the Central Grants Office for their information only. If you have any questions, please do not hesitate to contact my office. RECEIVED AND FILED. No. 29 Drug Interdiction Grant Program Status Report We are responding to a request from a member of your Honorable Body concerning the status of the Department's Drug Interdiction/Points of Entry Grant Program, per our request for permission for the Mayor to enter into the renewal contract on behalf of the NFTA. Please be advised that the commanding Lieutenant from our Narcotics Section who oversees the day-to-day operation of this program and a member from our Grants Section have scheduled a meeting with Councilmember Brown for Friday, February 2, 1996 at 2:00 p.m. At this meeting, details of this program will be explained at length and the Department will provide program progress reports available to date. Since this grant program has been running since 1992 and it is a two-fold grant program, the information is too voluminous to file. Therefore, it is our recommendation that we have this meeting to answer directly any specific questions and/or information that Councilmember Brown or any member of your Honorable Body may have concerning the Department's participation in this grant program. Upon the conclusion of this meeting, if further information is requested for filing, we will accommodate such a request at that time. REFERRED TO THE COMMITTEE ON FINANCE. No. 30 Req. Ord. Amend.-Towing Item No. 161, C.C.P., January 23, 1996 The Police Department renders no opinion concerning the waiving of the towing fee for recovered stolen vehicles, provided that additional reports, investigation or procedures are not required which would impact our personnel. There are, however, several points that the Council may wish to take under consideration. 1. The Police Department requests and receives waivers of towing fees for vehicles operated or occupied by someone who is the victim of a violent crime, such as; assault, robbery, etc. 2. The Police Department attempts to contact the owner or operator of a recovered stolen vehicle at the time of recovery so that they may pick it up at the scene. Sometimes the officer will drive the vehicle to the precinct or district station for safekeeping. In both circumstances no fee is charged. When notification is not made and there is concern that the vehicle will be re-stolen or be subjected to further damage or theft of parts, a request is made for towing. 3. The Police Department requests and receives waivers of towing fees for recovered stolen vehicles wherein timely notification to the owner or lien holder of the recovery was not made. 4. Insurance often covers the cost of towing. 5. Vehicle theft occurs for a variety of reasons other than what is generally perceived by the public; "that someone leaves work or comes out of their home and finds the vehicle missing.,, Some examples include; Individuals who report their vehicle stolen when, in fact, the incident is nothing more than a disagreement between husband, wife, boyfriend-girlfriend, relatives, etc. Individuals who willingly allow a drug dealer to use the vehicle to obtain drugs and when he does not return they report the vehicle as stolen. Individuals who are robbed of their vehicle while attempting to purchase drugs or the services of a prostitute. Individuals who leave the vehicle running or the key in the ignition. 6. Most cities charge a towing and storage fee, often considerably higher than ours, with few if any exceptions. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CORPORATION COUNSEL No. 31 Convention Center - Agreernent/Amendments Amendment to the May 28, 1975 Agreement for the Financing, Construction, Leasing and operation of a Convention Center Between the County of Erie and the City of Buffalo which was originally filed with the Council with the Crossroads documents, Letter from Richard J. Schechter, Assistant County Attorney dated December 28, 1995, with Draft Amendment to the 5/28/75 Agreement for the Financing, Construction, Leasing and Operation of a Convention Center between the County of Erie and the City of Buffalo. This draft is marked to show changes from the previous Amendment. Letter from Richard J. Schechter, Assistant County Attorney dated January 12, 1996, with Draft Amendment to the 5/28/75 Agreement for the Financing, Construction, Leasing and Operation of a convention Center between the County of Erie and City of Buffalo. This draft is marked to show changes from the December 28th draft. REFERRED TO THE COMMITTEE ON FINANCE No. 32 Crossroads Arena Project Attached is Requisition No. 14 relating to the Crossroads Arena Project. REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE No. 33 Lafayette Park Ice Rink - Name Change Item No. 162, C.C.P., 1/23/96 You have requested a response from the Law Department regarding the proposal of the North Buffalo Community Development Corporation to change the name of the Lafayette Park Ice Rink. In order to change the name of a City property, the procedure provided for in Section 286-3 of the Code of the City of Buffalo must be followed. Either a petition from City residents, a written communication from the Mayor, or resolution from a Councilmember requesting the name change must filed to initiate the process. That request must contain the proposed name, the existing name and a brief justification for the name change. Then the Council may vote to approve or deny the request. If the Common Council approves the request for the name change, a public hearing must be held. The City Clerk must publish the notice of intention to change the name, which shall include the proposed name, the existing name and the time and place of the public hearing. The notice shall be published once a week for two (2) consecutive weeks. The public hearing shall be held within ten (10) days after the last publication date. Within thirty (30) days after the public hearing, the Council must act on the name change. To change the name of the ice rink, a majority vote is required to approve the change. If the Council fails to act within the thirty (30) days, the request shall be deemed refused. RECEIVED AND FILED No. 34 1% Additional Sales Tax Special Session., C,C.P. 1/31/96 You have asked the Law Department to report on certain issues raised by the above-cited resolution concerning the additional one percent sales tax. The sales tax now in effect in Erie County is 8%, with revenue from the first 4% going to New York State, the next 3% divided among the County and municipal governments within the County, and this additional 1%. The revenue from this last 1% is retained exclusively by the County. It is our understanding that, prior to the enactment of authorization by the State Legislature, then-County Executive Rutkowski and then-Mayor Griffin entered into an agreement whereby the County was authorized to seek New York State approval for an additional one percent sales tax, the entire revenue from which was to go to the County to retire certain County bonds. This Department does not have a copy of that agreement and our research has not located such a text. It is our further understanding that the City and County entered into a subsequent agreement (also not within this Department's files nor located by this Department) to allow the County to apply to continue the one percent tax and apply its revenue exclusively to the County's then-existing budgetary shortfall. Each year from 1988, the State Legislature has authorized continuation of this one percent additional tax with all of its revenue going to the County. The City may terminate the agreement with the County to authorize the additional one percent sales tax with exclusive revenue to the County and could do so at any time. There is no time period within which the termination becomes effective. Upon termination, the agreement does not furnish any basis for relief to the County. As with the County's request for continuation of the additional one percent sales tax, reduction of the sales tax rate within the City would require state legislative action, which may not be effective until the next fiscal year and not immediately change the sales tax rate charged within the City. Assuming that the County will renew its request for the one percent additional sales tax for the next fiscal year, the proposed resolution in effect would become the City's humeral measure in opposition to the County's home-rule measure requesting continuation of the full 8% tax with 1% being retained by the County. Until there is State legislative action, taxpayers within the City may be at risk for the full 8% sales tax charged in the County. The Law Department cannot make any estimates as to the revenue the City may derive if the City eventually imposes its own sales tax, in part because the state taxing authorities cannot provide reliable statistics for sales tax revenues earned within the City under the present tax. Since the County's budget is based upon the current tax rate and that rate cannot be changed absent state legislative action, enactment of the proposed resolution alone would have no impact on the County's budget. REFERRED TO THE GOVERNMENT RELATIONS COMMITTEE No. 35 2091 Seneca Street Item No. 230, C.C.P., 9/19/95 You have requested a response from the Law Department regarding any methods of regulating a facility such as the martial arts supply and knife store located at 2091 Seneca Street. Concern has been raised due to the dangerous nature of the items sold in the store and their appeal to mirrors. The Common Council would like some manner of reviewing or restricting such a business. The Code of the City of Buffalo does provide for some regulation of certain types of businesses in particular areas of the City in its zoning ordinances. Chapter 51 1, Article XVI, of the Code allows for the creation of special zoning districts. Within these districts, any person or entity seeking to establish or extend a use restricted within the district must obtain Common Council approval prior to the establishment or extension of such use. Due to the unique character and nature of particular areas, certain uses may or may not be desirable. The Seneca Street District, for example, found the overdevelopment of bars, restaurants and miscellaneous places of entertainment to be a threat to the residential aspects of the area. As a result, those uses are restricted. The knife store at 2091 Seneca Street, which is in the Seneca Street District, is not presently restricted by the Code. It exists as a matter of right and a store like it may only be regulated if the Code is amended to include uses like those permitted for the store. However, the store at 2091 Seneca Street would not be affected by the amendment unless and until it chose to either expand its business or move to a different location within the district. Until the operators of 2091 Seneca Street violate the law, they have a right to conduct their business within the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 36 Special Events Ordinances Items No. 8 I & 82, C.C.P. 1/9/96 Please find atttached for filing and for the Council's information a stricken/redline draft of the Special Events ordinance and the ordinance amending Chapter 175, Fees, for special events showing changes made by the administration to reflect its further review of these proposals as well as the expressed concerns of members of this Council. Added text is indicated in gray shading, and deletions are indicated by strikeout through the affected text. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 37 Wegman's Supermarket Amherst Street SEQRA Lead Agency Designation Item No. 40, C.C.P., 1/23/96 The Department of Neighborhoods, Housing and Inspections proposes to assume lead agency status for his project. The Department of Law was requested to submit comments and/or recommendations regarding this proposal. Pursuant to SEQR 6 NYCRR Part 617 a lead agency is an involved agency principally responsible for undertaking, funding or approving an action. Because the Department of Neighborhoods, Housing and inspections is an involved agency, among others, and will be responsible for issuing building permits for this project, it has jurisdiction over this action, and therefore, is eligible to assume lead agency status. The Department of Law, therefore, has no objection to the Department of Neighborhoods, Housing and Inspections' designation as lead agency. RECEIVED AND FILED No. 38 Convention Center Agreement (Amendment to the May 28, 1995 Agreement) Attached is the version of the Amendment to the May 28, 1975 Agreement for the Financing, Construction, Leasing and Operation of a Convention Center between the County of Erie and the City of Buffalo, as was passed by the Erie County Legislature today. It is marked to show the changes made to the 1/11/96 version. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 39 Locate Citicorp HDQ in Buffalo Item No. 70, C.C.P., Jan. 9, 1996 I hereby submit to your Honorable Body - the preliminary information on the Resolution to relocate Citicorp HDQ to Buffalo. - Councilman Franczyk's resolution stems from an article in the New York Times concerning a rumored move by Citicorp out the NY City. - Jon Morris of Citicorp Public Relations Dept. informed me that this idea has been under consideration by Citicop Chairman John S. Reed for at least ten years. - It would involve transferring 50 senior executives to a University/high tech/ think tank environment outside NYC, such as Palo Alto, California. - No study group has been set up to study the issues involving a move, because of the inherent cost of moving senior executives who live in million dollar homes. - Buffalo would not be considered because of the lack of international air traffic. - Finally he offered that this story often pops up during very slow new periods. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 40 Change Parking Regulations on Elmwood Avenue Item No. 190, C.C.P., 1/23/96 Regarding the matter captioned above. the Department of Community Development supports the proposed change in parking regulations on Elmwood Avenue as necessary to the economic vitality of the area. Unless the Department of Public Works raises any concerns or objections, the Commissioner of Community Development recommends the removal of the parking restrictions on Elmwood Avenue as requested by Forever Elmwood and the Elmwood Task Force. RECEIVED AND FILED. FROM THE COMMISSIONER OF STREETS No. 41 Certificate of Appointment Appointment effective October 2, 1995, Department of Street Sanitation, to the position of Truck Driver, Permanent Promotion , at the Maximum Starting Salary of $24,914 William J Deschenes, 98 Laurentian Dr., Cheek., NY 14225 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION No. 42 Restaurant/Dancing Class IV 561 Forest Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for Restaurant/Dancing Class IV located at 561 Forest and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant/ Dancing Class IV is being sought and according to the attached reports from the Fire Department and the Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Paul Kankolenski. The report from the Police Department recommending approval is attached hereto for Paul Kankolenski at 561 Forest. This request is submitted for your consideration and whatever action you deem Appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION No. 43 Monthly Report of Licenses Issued In December 1995 I am respectfully submitting the enclosed report of licenses issued in the month of December 1995 by the Division of Housing & Inspections/Licenses. RECEIVED AND FILED No. 44 Transfer of Title, Urban Homestead Program 47 Ada Street (Lot Size-20. 50' x 30') The Department of Neighborhoods, Housing & Inspections has surveyed the city-owned lot at 47 Ada Street; the lot is 20. 50' x 30' in dimension; and it has been determined that the parcel of land is inappropriate for either construction of new housing or the construction of public recreation facilities. Mr. and Mrs. O'Neal, residing at 49 Ada Street indicated that they will clean, improve and maintain the lot in the event that they obtains title to the property under the Urban Homestead Program. Letters were sent to all other adjacent property owners, offering the property and giving them ample time to express interest in obtaining 47 Ada Street under the Urban Homestead Program. We have since received no responses. We, therefore, recommend that the city-owned vacant lot be designated as a Homestead Property and be transferred to Mr. and Mrs. O'Neal on the condition that the property is cleared and improved within six (6) months and is maintained in a sanitary manner. Mrs. LoTempio moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated January 26, 1996, be received and filed-, and That the City-owned property commonly known as 47 Ada Street, be designated as Homestead Property, and that the Mayor be authorized to transfer said property to Mr. and Mrs. O'Neal, residing at 49 Ada Street, for the amount of $ 1, 00 (One Dollar) and all costs of transfer, on the condition the property is cleared and improved within six (6) months and the property is maintained in a sanitary manner for at least thirty-six (36) months and that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES - 13 NOES - 0 No. 45 Transfer of Title, Urban Homestead Program 507 Dodge Street (Lot Size-33' x 111) The Department of Neighborhoods, Housing & Inspections has surveyed the city-owned lot at 507 Dodge Street; the lot is 33' x 111' in dimension; and it has been determined that the parcel of land is inappropriate for either construction of new housing or the construction of public recreation facilities. Mr. Sam Harris, residing at 509 Dodge Street and Mr. James J. Stevens, residing at 43 Roehrer Avenue indicated that they will clean, improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead Program. Letters were sent to all other adjacent property owners, offering the property and giving them ample time to express interest in obtaining 507 Dodge Street under the Urban Homestead Program. We have since received no responses. We, therefore, recommend that the city-owned vacant lot be designated as a Homestead Property and be transferred in equal parts to Mr. Sam Harris and Mr. James J. Stevens on the condition that the property is cleared and improved within six (6) months and is maintained in a sanitary manner. Mrs. LoTempio moved That the communication from the Department of Neighborhoods, Housing and Inspections, dated January 26, 1996, be received and filed, and That the City-owned property commonly known as 507 Dodge Street, be designated as Homestead Property, and that the Mayor be authorized to transfer said property to Mr. Sam Harris, residing at 509 Dodge Street, for the amount of $1.00 (One Dollar) and all costs of transfer, on the condition the property is cleared and improved within six (6) months and the property is maintained in a sanitary manner for at least thirty-six (36) months and that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES - 13 NOES - 0. No. 46 Transfer of Title, Urban Homestead Program 34 Eighteenth Street (Lot Size-30' x 50') The Department of Neighborhoods, Housing & Inspections has surveyed the city-owned lot at 34 Eighteenth Street; the lot is 30' x 50' in dimension; and it has been determined that the parcel of land is inappropriate for either construction of new housing or the construction of public recreation facilities. Ms. Mary Ann Cassidy, residing at 30 Eighteenth Street indicated that she Will clean, improve and maintain the lot in the event that she obtains title to the property under the Urban Homestead Program. Letters were sent to all other adjacent property owners, offering the property and giving, them ample time to express interest in obtaining 34 Eighteenth Street under the Urban Homestead Program. We have since received no responses. We, therefore, recommend that the city-owned vacant lot be designated as a Homestead Property and be transferred to Ms. Mary Ann Cassidy on the condition that the property is cleared and improved within six (6) months and is maintained in a sanitary manner. Mrs. LoTempio moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated January 26, 1996, be received and filed; and That the City-owned property commonly known as 34 Eighteenth Street, be designated as Homestead Property, and that the Mayor be authorized to transfer said property to Ms. Mary Ann Cassidy, residing at 30 Eighteenth Street, for the amount of $1.00 (One Dollar) and all costs of transfer, on the condition the property is cleared and improved within six (6) months and the property is maintained in a sanitary manner for at least thirty-six (36) months and that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES - 13 NOES - 0. No. 47 Transfer of Title, Urban Homestead Program 15 Eureka Place (Lot Size-30'x 130') The Department of Neighborhoods, Housing & Inspections has surveyed the city-owned lot at 15 Eureka Place; the lot is 30' x 130' in dimension; and it has been determined that the parcel of land is inappropriate for either construction of new housing or the construction of public recreation facilities. Mr. William Pitts, residing at 19 Eureka Place indicated that he will clean, improve and maintain the lot in the event that he obtains title to the property under the Urban Homestead Program Letters were sent to all other adjacent property owners, offering the property and giving them ample time to express interest in obtaining 15 Eureka Place under the Urban Homestead Program. We have since received no responses. We, therefore, recommend that the city-owned vacant lot be designated as a Homestead Property and be transferred to Mr. William Pitts on the condition that the property is cleared and improved within six (6) months and is maintained in a sanitary manner. Mrs. LoTempio moved: That the communication from the Department of Neighborhoods, Housing and Inspections., dated January 26, 1996, be received and filed, and That the City-owned property commonly known as 15 Eureka Place-, be designated as Homestead Property, and that the Mayor be authorized to transfer said property to Mr. William Pitts, residing at 19 Eureka Place, for the amount of $ 1, 00 (One Dollar) and all costs of transfer, on the condition the property is cleared and improved within six (6) months and the property is maintained in a sanitary manner for at least thirty-eights (36) months and that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES - 13 NOES - 0. No. 48 Transfer of Title, Urban Homestead Program 56 Thomas Street (Lot Size-25' x 115') The Department of Neighborhoods, Housing & Inspections has surveyed the city-owned lot at 56 Thomas Street; the lot is 25' x 1 15' in dimension; and it has been determined that the parcel of land is inappropriate for either construction of new housing or the construction of public recreation facilities. Mr. Michael F. Lasek, Sr., residing at 54 Thomas Street indicated that he will clean, improve and maintain the lot in the event that he obtains title to the property under the Urban Homestead Program. Letters were sent to all other adjacent property owners, offering the property and giving them ample time to express interest in obtaining 56 Thomas Street under the Urban Homestead Program. We have since received no responses. We, therefore, recommend that the city-owned vacant lot be designated as a Homestead Property and be transferred to Mr. Michael F. Lasek, Sr. on the condition that the property is cleared and improved within six (6) months and is maintained in a sanitary manner. Mrs. LoTempio moved: That the communication from the Department of Neighborhoods, Housing and Inspection's. dated January 26. 1996. be received and filed- and That the Citv-owned property commonly known as 56 Thomas Street- be designated as Homestead Property, and that the Mayor be authorized to transfer said property to Mr, Michael F. Lasek, Sr., residing at 54 Thomas Street, for tile amount of $ 1.00 (One Dollar) and all costs of transfer, on the condition the property is cleared and improved within six (6) months and the property is maintained in a sanitary manner for at least thirty-six (36) months and that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES - 13 NOES - 0. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No.49 Memorandum of Agreement between the City of Buffalo and Local 2651, AFSCME, AFL-CIO July 1, 1995 through June 30, 1998 Attached please find a Memorandum of Agreement between the City and Local 2651, AFSCME, AFL-CIO, for the contract period July 1, 1995 through June 30, 1998. This Agreement is applicable to approximately 63 employees, and provides a 0% salary increase for fiscal year 95-96, a 3% salary increase for fiscal year 96-97 and a 3% salary increase for fiscal year 97-98. In addition, this Agreement provides wage adjustments to be added to the base salary for all Local 2651 titles as follows: $1,000 on June 30, 1996 and $500 on June 30,1997. The parties have also agreed to modify the following contractual provisions: auto allowance, tool allowance, parking, health insurance coverage (medical, dental and life), sick leave, bereavement leave, leaves of absence without pay, review of personal history folder and pledge against discrimination and reprisal. New provisions will be added to address the calculation of leave time entitlements, direct deposit of paychecks and the Family and Medical Leave Act. Your approval of this Memorandum of Agreement is respectfully requested, REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 50 Firefighter Winter Training Item No. 173 C.C.P. 1/23/96 As was reported in Legislation Committee this week, the administration believes that it has identified an attractive alternative to the County's proposal for winter use of its training facility. The alternative is to make use of the training facility at Montour Falls, NY for a 2 week period at a cost of approximately $14,000. This alternative would complete training more quickly than the County proposal, avoiding approximately $95,000 in overtime costs, and would avoid any costs associated with repairing, as requested, any structural damage done to the County facility as a result of the winter training. We believe the Montour Falls training can be completed by about March 8th, resulting in one week of overtime costs that would result from re- opened fire companies. This cost could be avoided if your Honorable Body saw fit to extend the closings for a one week period. I trust this answers your inquiry. RECEIVED AND FILED No. 51 Report of Audit- Parks Golf Courses Item No. 10 C.C.P. 1/23/96 I am generally in concurrence with the recommendations contained in the audit, but would caution that some of them may require increases in staffing for which there are no resources at this time. I would defer to the Commissioner of Parks, Human Services and Recreation as to specific responses and will be happy to work with both to implement anything that is deemed appropriate and feasible. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON FINANCE No. 52 Consultant /Eng. Contracts Item No. 13 C.C.P. 1/23/26) The use of outside consultants for engineering or other work, versus the use of inhouse staff, should be evaluated on a project by project basis. The administration has been and is willing to create and fill in-house positions where needed to process work and save money. We will continue to work with the Public Works Department in order to do so. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 53 Procedures to transfer Bennett Beach Item No.31 C.C.P. 10/31/95 The administration remains supportive of the transfer of the ownership and operation of Bennett Beach to Erie County. Serious discussions on that matter were held with the County both last spring--including attempts to open the beach on an interim basis for the summer, which failed--and last fall. There have been no further talks on the subject. We remain open to such talks should there be a renewed desire on the part of the County to have them. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON FINANCE No. 54 Req. Ord. Amend--Towing (Item No. 161 C.C.P. 1/23/96) I am opposed to Councilmember Coppola's proposed ordinance amendment waiving towing charges for stolen vehicles. Waiving towing charges would add to the financial problems that the City already has; we have budgeted for $230,000 in towing and storage charge revenue this year, an increase from last year's $200,000. We just cannot afford to lose that revenue. In addition to the pure financial concern, there are other considerations that need to be looked at: first, towing charges related to a stolen vehicle are often recoverable through the owner's auto insurance; second, towing a stolen vehicle to the City impound often keeps the vehicle safer (eg it will not be stolen again, stripped/stripped further or damaged further). There is value to this protection. Third, towing charges are waived in cases where the vehicles are stolen and the owners are not contacted in a timely manner--effort is made to contact the owner before the vehicle is towed and, if successful and the vehicle picked up, no fee is charged. Last and I understand the police commissioner will expand on this issue is his response--vehicles are often stolen for other reasons than straightforward ones. In these cases it is not logical to waive the charges. I would defer to the police commissioner for more discussion on this issue. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION No. 55 Expand Police Protection Item No. 172 C.C.P. 1/23/96 My understanding of the County's proposal to pay for the use of four Sheriff's deputies in the city is no different than has been reported in the press or previously to your Honorable Body. The implications of the proposal from a labor relations perspective are not necessarily impossible, but are more or less difficult depending on the manner in which the deputies are used; the most difficult situation would be using the deputies on citywide patrol. The easiest alternative, and one that would provide assistance most quickly, would be for the County to appropriate the $180,000 in cash to the City for use in hiring additional officers (by the way, this is obviously a recurring cost and would require recurring funding in order to be continued). It is my understanding that discussions among all of the parties continue--about all of the options--and that all are hopeful that a successful conclusion can be reached. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION No. 56 Sidewalk Shoveling ltem#187 C.C.P. 1/23/96 The Common Council has asked the Bureau of Administrative Adjudication to report on the feasibility of enforcing the sidewalk shoveling ordinance. As a newly created entity, the ability of this Bureau to actively enforce the ordinance is restricted by manpower limitations. However, once a complaint is received by this office, someone is sent to the problematic property. The Department of Street Sanitation, while also dealing with limited manpower, may be better equipped to actively pursue violations of the ordinance. The Bureau of Administrative Adjudication will enforce and adjudicate any violations occurring under its jurisdiction. On the subject of a program for assisting with shoveling responsibility, I believe that the city is not in a position to devote resources to such a program at this time. We do, however, attempt to exercise reasonable discretion in enforcing ordinances where physical hardship is an issue. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION No. 57 Memorialize Leg.-Bd of Ed. Elections Item No. 189- C.C.P. 1/23/96 This administration has consistently been in support of changing the time of Board of Education elections, both from the point of view of reducing expenses and that of increasing voter turnout. We are still of that opinion. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON EDUCATION. No. 58 Report of Audit -- Treasury Item No. 4 C.C.P. 1/9/96 The Treasury agrees with the recommendation of uninterrupted flow of parking meter collection. The Police Officer assigned to collect meters continues to fulfill this requirement. Historically, the City of Buffalo has privatized the collection of meters and the function of depositing all the cities revenue on a daily basis. However, there was an anonymous tip to the Buffalo Police Department that the company involved in the collection was involved in questionable practices. The City Auditor and the Buffalo Police investigated the collectors and determined that there was sufficient evidence of fraudulent activities. After serious review of the procedures followed by that company, it was determined by the Department of Audit and Control and the Administration that it was more cost effective for the city to have Two Police Officers assigned to collect all parking revenues. Equally, these officers were required to make all deposits of city revenues eliminating the costly contract we encumbered having private sector pickups. In 1992, in an attempt to cut costs, one officer was reassigned to the precinct. When I was appointed to my position as Director of the Treasury I was asked to reconstruct a system that had lacked accountability. We have implemented a system in which increased the efficiency and accountability of the parking meter revenue. We require a signature of the Officer collecting each and every day of the keys necessary for that days collection. We document on a daily basis the streets collected, which meters require repair and the reason meters are uncollectible . Additionally, we have automated the collection zones and have identified the time frame necessary for the collection of those zones. Also, collection zones are monitored for various revenue fluctuations. There is only one officer who is presently required to collect the revenue from all the parking meters and make deposits for all the city revenue at two banking institutions. Since June of 1994 the frequency of daily deposits have doubled to increase the availability of city funds. The amount of Parking Meter revenue collected is noted below: Budgeted Amount Collected Amount % Difference Fiscal Year 1993-94 800,000.00 845,433.99 + 5.68% Fiscal Year 1994-95 850,000.00 1,026,052.31 +20.72% I continue to dialog and visit with other cities regarding the most efficient method of collecting meters. However, in manpower utilized Buffalo's cost are far less than private contracting or multiple numbers of people who would be required to do the same job Treasury has successful accomplished with one Officer. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION No. 59 Mulroy Playground Improvements I hereby request permission to take bids for the above project; and have asked for and received the following bids for Mulroy Playground Improvements on January 30, 1996: COMPANY BASE BID Gleason's Nursery $ 39,876 Thomann & Loewer 40,750 Birch Grove Landscaping 42,186 American Paving 46,287 Regent Blacktop 46,923 Buffalo Creek Landscaping 58,943 G B H Paving 59,426 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid of $39,876 and therefore Gleason's Nursery, 4780 Sheridan Dr., Williamsville, New York 14221 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 200-601-039. Mrs. LoTempio moved: That the communication from the Department of Human Services, Parks & Recreation, dated January 31, 1996, be received and filed; and That the Commissioner of Human Services, Parks & Recreation be, and he hereby is, authorized to award a contract for Mulroy Playground Improvement, to Gleason's Nursery in the amount of $39,876, the lowest responsible bidder. Funds for this project are available in Bond Fund Account 200-601-039. PASSED Ayes-13. Noes-0. No. 60 Bids-Delevan Moselle Basketball Court Improvements I hereby request permission to take bids for the above project; and have asked for and received the following bids for Delevan Moselle Basketball Court Improvements on January 30, 1996. COMPANY BASE BID Thomann & Loewer $11,254 American Paving 12,025 Regent Blacktop 14,245 Amherst Paving 14,654 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid of $11,254 and therefore Thomann & Loewer, 56 Gunnville Rd., Lancaster, New York 14086 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 200-60l-030. REFERRED TO THE COMMITTEE ON FINANCE No. 61 Report of Audit - Parks Golf Courses Item #10, C.C.P. January 23, 1996 In response to the Department of Audit and Control's Golf Course Audit, the Department of Human Services, Parks and Recreation would make the following observations: 1. The audit took a proactive stance in making suggestions for improvement in golf course operating procedures. All suggestions are being reviewed and valid improvements will be implemented. 2. We will be working very closely with Data Processing to de-bug the Pinpoint system. We are convinced that when working properly, the Pinpoint system will be cost effective and provide necessary golf statistic information. 3. We have a concern that many of the course improvements recommended will increase 0 & M costs and negatively impact the Department budget. While we understand that you must spend money to make money, at what point does the law of diminishing return take hold? For example, we implemented a very costly Pinpoint cash register system to ensure better controls, yet total revenue from the three courses decreased by $27,000.00. (1994 Revenue- $411,378.00; 1995 Revenue- 384,259.00 = 27,119.00 revenue down.) 4. Two of the three golf courses, Delaware and South Park are used by a large number of non-golfers. User conflicts are a constant problem. Nonpaying golfers have many opportunities to sneak onto the course. The addition of "rangers" is the normal solution. The confrontational nature of the position may require a uniformed police like presence with the ability to issue violation tickets for trespassing. This, of course, would require additional trained personnel and a further impact on the over-stretched Park's budget. 5. The use of concessionaires to collect golf fees is a valid suggestion that we will examine on a Pilot basis. What financial incentive is there for a concessionaire to perform this function? What incentive is there for the concessionaire to enforce resident/nonresident rate differences for cash customers? 6. Season golf passes were issued from 2 sites prior to the golf season. A picture ID card with magnetic tape was issued when payment was made. This required special equipment beyond the Pinpoint system. All other season permits, after the initial two week period, were issued from the Delaware Park Labor Center. A golfer would show proof of residence, bring in a picture, and make payment. The application including picture were then forwarded to a company in Grand Island to produce the permanent card (2 week lag). A temporary card was issued to the golfer at the Labor Center. When completed, season passes were returned from Grand Island. Each golfer had to be notified that their card was ready, return to the Labor Center to pick up a new season pass, and return the temporary card. In the past, a laminated season pass without the magnetic strip was produced and issued while the golfer waited. This double handling with the new system needs to be resolved with Data Processing. 7. The Comptroller's office with the cooperation of our Department is exploring the possibilities of third-party operation of the three golf courses. This was successfully done in Chicago and should be explored locally. Conclusion: The use of the Pinpoint system when fully operational should provide us with the statistics suggested by the Comptroller. These statistics were always available in the past using our more cumbersome manual system. The Comptroller's office should pursue the RFP process in regards to golf course operations to examine any future cost benefit to the City. REFERRED TO THE COMMITTEE ON FINANCE No. 62 LaSalle Park Concession Attached, please find copies of two (2) letters. One from Ms. Brenda P. Kij regarding the fact that she will not be renewing her option to lease the LaSalle Park Concession Stand. Two, a letter to City Collections advising them of the outstanding rent that Ms. Kij owes the City for 1995. At this time, we are requesting approval of your Honorable Body to proceed with the process of re-bidding the LaSalle Park Concession Stand. Mrs. LoTempio moved: That the communication from the Department of Human Services, Parks and Recreation, dated January 30, 1996, be received and filed and That the Commissioners of Human Services, Parks and Recreation and General Services be, and they hereby are authorized to begin the bidding process for the LaSalle Park Concession Stand. PASSED Ayes-13. Noes-0. No. 63 Certificate of Appointment Appointment effective January 25, 1996 in the Department of Human Services, Parks and Recreation, Substance Abuse Services, Ida Berzon, 92 Rand Ave., Buffalo 14216 to the position of Substance Abuse Specialist, Temporary, at the Intermediate starting salary of $25,689. REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 64 Certificate of Appointment Appointment effective January 30, 1996 in the Department of Human Services, Parks and Recreation, Substance Abuse Services, Charlene E. Scherer, 44 Kimberly Avenue, Buffalo, NY 14220 to the position of Account Clerk-Typist, Permanent, at the Maximum starting salary of $23,588. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION No. 65 Financial Plan Commission - Report on Board of Education Item 77, C.C.P. April 4, 1995 The June 23, 1995 papers filed with the Honorable John T. Curtin are attached. The School District apologizes for any misunderstanding on this issue. The District did not realize that the papers the Corporation Counsel and the Department of Administration and Finance had on this item were not presented to the Common Council. REFERRED TO THE COMMITTEE ON EDUCATION No. 66 Board of Education Elections Item #189 C.C.P. January 23, 1996 The School Board Election process has been discussed at length by the Board of Education's Executive Committee, at a Public Hearing, and at the Board table itself. The Executive Committee debated many of the pros and cons of the issue, (including cost, politics of May verses November election etc. ) and held a Public Hearing on April 6, 1995 to hear the community's input. The attendance was low at the hearing, however the message was clear - keep the May Elections. The Board of Education decided at the regularly scheduled Board Meeting, June 28, 1995, to send a Home Rule message to Albany in opposition to Assembly Bill #5522 which proposed moving the elections to November. The Board of Education voted 8 to 1 on this issue and the message has been consistent throughout - politics should be left out of the process and the November elections would signal an end to the current non-political process. Governor Pataki's current proposal has a Tuesday in May set aside for all School Board Elections (over 700) except for Buffalo which is proposed for November. The Buffalo Board of Education would support a statewide Tuesday in May election process especially if it resulted in increased participation, however having Buffalo move to November is not warranted at this time. Time and time again we have heard the Western New York Delegation say that the Erie County Legislators would not send a Home Rule message to change the sales tax extension issue so the Delegation could not support the change. The Board of Education is clearly on record and has sent a Home Rule message to Albany not to change the May election process. The Board hopes the Legislators would give the Board of Education Members the same courtesy it gives the Erie County Legislators - No Home Rule Message to change - No Change. The Board of Education also requests that the Common Council honor the request of the Board Members and leave the election process in May. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE BUFFALO SEWER AUTHORITY No. 67 East Delavan Avenue Remediation Site The Buffalo Sewer Authority (B.S.A.) had determined that the proposed remediation of this site would minimize the possibility of contamination from the groundwater entering the Winchester sanitary sewer. The conservative assumptions of the possible contaminant loadings prior to remediation and the available historical B.S.A. monitoring data indicated very little concern to the B.S.A. sewer and treatment system. This information also indicated the potential fume toxicity for B.S.A. workers was not a factor. Once the remediation of the site is considered by all three parties to be completed, the B.S.A. is going to require sampling and analysis of the presumed affected Winchester sewer. The information provided by the monitoring should allow a all affected parties data to finalize this project. The B.S.A.'s continuing goal is to minimize contamination from all sources throughout its collection system. If anyone on the Council or staff member needs additional information or has a question, you may contact James Caruso at 883-1820, extension 250. REFERRED TO THE COMMITTEE ON FINANCE FROM THE BUFFALO URBAN RENEWAL AGENCY No. 68 Request Information Erect Industrial Park Signage Item #59 - CCP 1/23/96 This is in response to the request for information by the Community Development Committee in regard to the subject item. Please be advised that the installation of the (3) signs requested was approved as part of an Industrial Park Development Spending Plan approved by BURA item 3d of 4/27/95. The fabrication and installation of the signs was subsequently informally bid and Santoro Signs of 3180 Genesee Street was the low bidder in the amount of $10,015.00. These funds are available in CDBG account #94-40205. Pending your Honorable Body's approval we anticipate installation in several weeks. RECEIVED AND FILED FROM THE CITY CLERK No. 69 Parking Policy - Status Report Attached is a status report filed by the Central Business District Parking Policy Committee. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 70 Notice of Appointment Appointment effective January 29, 1996 in the Department of City Clerk, Susan M. Brennan, 273 East St., Buffalo, NY 14207, to the position of Data Entry Operator, Permanent, at the Intermediate starting salary of $22,968.00. Mrs. LoTempio moved that the above item be approved. Seconded by Mr. Czajka PASSED AYES - 13 NOES - 0 No. 71 Mayor Reported Out of State I transmit herewith a communication received by me from the Mayor, reporting his absence from the state from Tuesday, January 23, 1996 from 5:30 P.M. until Thursday, January 25, 1996 at 9:00 p.m. RECEIVED AND FILED. No. 72 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 1412 KENSINGTON C. B. MAX'S FRED & DIANE BARRON RECEIVED AND FILED No. 73 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: Assessment-David Adamski Police- Lissa Kogut Neighborhoods, Housing and Inspections- Cynthia Johnson Human Services, Parks and Recreation- Doris Luchey RECEIVED AND FILED. No. 74 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: City Planning Board RECEIVED AND FILED. No. 75 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment effective January 22, 1996 in the Department of Common Council, Melissa Maccagnano, 229 Summit Avenue, Buffalo, NY 14214 to the position of Intern III, Seasonal, at the flat salary of $5.00. ADOPTED No. 76 Appointments - Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Appointment effective January 26, 1996 in the Department of Mayor's Office, Youth Opportunity and Internship programs, Mark Anthony Swaggard, 32 Shoreham Pkwy., Buffalo, NY 14216 to the position of Intern II, Seasonal, at the Flat starting salary of $ 4.25. Appointment effective January 29, 1996 in the Department of Mayor's Office, Youth 0pportunity and Internship programs, Steve Myrtil, 61 Kirk Patrick Street, Buffalo, NY 14215 to the position of Intern II, Seasonal, at the flat starting salary of $4.25 Appointment effective January 29, 1996 in the Department of Mayor's Office, Youth Opportunities and Internship programs, Chantal Michaux, 259 Norwood, Buffalo, NY 14222 to the position of Intern VI, Seasonal, at the flat starting salary of $8.00. No. 77 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 ASSESSMENT Appointment effective January 29, 1996 in the Department of Assessment, Florence A. Alessi, 791 Busti Ave, Buffalo, NY 14213 to the position of Clerk, Seasonal, at the flat starting salary of $5.20. DEPARTMENT OF PUBLIC WORKS Appointment effective February 1, 1996 in the Department of Public Works, Division of Water, Maureen Colern, 154 Cushing Place, Buffalo, NY 14220 to the position of Clerk, Seasonal, at the flat starting salary of $5.20/hr. Appointment effective February 1, 1996 in the Department of Public Works, Division of Water, Kathleen Wachowicz, 81 Barnard Street, Buffalo NY 14206 to the position of Account Clerk, Seasonal, at the flat starting salary of $5.46/hr. Appointment effective February 1, 1996 in the Department of Public Works, Division of Buildings, Daniel J. Schamann, 49 Hammerschmidt, Buffalo NY 14210 to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $7.33. DEPARTMENT OF STREET SANITATION Appointment effective January 22, 1996 in the Department of Street Sanitation, John C. Taylor, 214 Linden Avenue, Buffalo, New York 14216 to the position of Seasonal Laborer II at the flat starting salary of $6.92.hr. DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION Appointment effective January 18, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth, Michael Metz, 179 Fenton, Buffalo NY 14206 to the position of Lifeguard, Seasonal, at the flat starting salary of $5.20 hr. Appointment effective January 18, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth, Melvin Bernard Potter, 50 Hamlin, Buffalo NY 14208 to the position of Attendant, Temporary, at the flat starting salary of $4.42 hr. Appointment effective January 22, 1996, in the Department of Human Services, Division of Senior Citizens, to the position of Laborer I, seasonal non-competitive at the minimum starting salary of $6.22 per hr. STANLEY GAJAK, 981 NIAGARA ST., BUFFALO, N Y 14213 Appointment effective January 22, 1996, in the Departament Human Services, Parks & Recreation, Division of Youth, to the position of Attendant, Temporary, at the starting salary of 4.42 p/h Samuel N. Turner Jr., 21 Gesl, Buffalo 14214 Renfred L. Arnold, 314 Cornwall, Buffalo 14215 John Mack, 454 Bird, Buffalo 14213 Darryl Gaiter, 153 Roebling, Buffalo 14215 Una Banks, 200 Dewey, Buffalo 14214 Maurice McNab, 207 Jewett, Buffalo 14214 Monica Payton, , 41 St. Louis, Buffalo 14211 Gloria Wiley, 199 LeRoy, Buffalo 14211 Gwendolyn Mack, 25 Hill, Buffalo 14215 Sheila Preston, 314 Cornwall, Buffalo 14215 Appointment effective January 22, 1996, in the Department of Human Services, Parks & Recreation, Division of Youth, to the position of Supervisor, Temporary, at the flat starting salary of $4.42 p/h Edwin Johnson, 494 Moselle, Buffalo 14215 Appointment effective January 24, 1996, in the Department of Human Services, Parks & Recreation, Division of Youth, to the position of Supervisor, temporary, at the flat starting salary of $5.20 p/h. Rosalyn Porter, 353 Northumberland, Buffalo 14215 Appointment effective January 30 , 1996, in the Department of Human Services, Parks & Recreation, Division of Youth, to the position of Supervisor, at the flat starting salary of $5.20 p/h. Melissa Nicpon, 27 Newton, Buffalo 14212 Appointment effective January 30 , 1996, in the Department of Human Services, Parks and Recreation, Division of Youth, to the positon of Attendant, Temporary, at the flat starting salary of $4.42 p/h Melanie Parker, 754 Smith, Buffalo 14206 Jacob Parker, 759 Smith, Buffalo 14206 Christopher Grant-Davis, 36 Fennimore, Buffalo 14215 Yolanda Perry, 155 Timon, Buffalo 14208 Pearl Brown, 516 Dodge, Buffalo 14208 Ronald Puigh, 100 Blaine, Buffalo 14208 Bernard Pryor, 50 Jaktram Ct, Buffalo 14209 Brian Rice, 664 Riley, Buffalo 14211 Juan Carlos Valentin, 181 Fargo, Buffalo 14201 Joyce Dunphy, 35 Ladner, Buffalo 14220 Leequisha Jacobs, 236 Clinton, Buffalo 14204 Nicole McKelley, 70 Swinburne, Buffalo 14212 James Davey, 75 Roesch, Buffalo 14207 Gwendolyn Taylor, 314 Northumberland, Buffalo 14215 Appointment effective January 30, 1996, in the Department of Human Servicces, Parks & Recreation, Division of Youth, to the psotion of Supervisor, Temporary, at the flat starting salary of $5.20 p/h Alfred Williams, 295 Carlton, Buffalo 14204 DEPARTMENT OF GENERAL SERVICES Appointment effective . January 20, 1996, in the Department of General Services, Division of Inventory and Stores, to the positon of Laborer II, seasonal, at the flat starting salary of $6.92. Tracy Dandridge, 44 Laforce Place, Buffalo, NY 14207 No. 78 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimim (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF AUDIT AND CONTROL Appointment effective February 12, 1996, in the Department of Audit and Control, Division of Data Processing, Kenneth Sacilowski, 588 McKinley Parkway, Buffalo 14220, to the position Junior Programmer Analyst, Provisional, at the starting salary of $26,847. DEPARTMENT OF PUBLIC WORKS Appointment effective January 22, 1996, in the Department of Public Works, Division of Water, Perry Sullivan, 416 Ashland Avenue, Buffalo, 14222, to the position of Caulker, Temporary, at the minimum starting salary of $22,853. Appointment effective January 29, 1996 in the Department of Public Works, Division of Water, to the position of Truck Driver, permanent, at the minimum starting salary of $22,266 David C. Monteleone, 31 Crestwood Avenue, Buffalo 14216 DEPARTMENT OF POLICE Appointment January 15, 1996 in the Department of Police, Ann M. Danowski, 43 Edgewocd Avenue, Buffalo, New York 14220, to the position of Public Safety Dispatcher (Civilian), Provisional, at the Minimum Starting Salary of $23,703. Appointment effective January 24, 1996, in the Department of Police, Cheryl Seager, 92 Tennessee Street, Buffalo, N.Y. 14204, to the position of Cellblock Attendant, Permanent, at the Minimum starting salary of $22,266. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 79 ERIE COUNTY Location of New Court House Erie County is in receipt of your resolution of January 9, 1996 concerning the location of the proposed new court facilities. Last year, Erie County engaged the services of a professional consultant team, Hamilton, Houston and Lownie (HH&L) to study potential sites for the location of new court facilities. HH&L studied several locations including the old AM&A's building on Main Street and the Fernbach site. Many schemes were analyzed: new construction, renovation of county and privately owned buildings, and several combinations that included new construction and renovation of existing space. Taking all relevant factors into consideration including facility function, economic impact upon downtown Buffalo and price, HH&L has recommended the Church Street site. First and foremost, the Church Street site enables the county to create a criminal justice complex by linking the new facility, with its 20 criminal courts, to the existing facilities at 25 Delaware and Old County Hall via an enclosed, overhead walkway. Court related functions such as the District Attorney, and Probation which are located in those buildings, would be directly linked to the new building. Also, a prisoner transfer tunnel under Church Street will enable inmates to be easily transferred from the Holding Center on Delaware Avenue to the new court building for trial. A similar tunnel already exists under Delaware Avenue linking the Holding Center to the existing court buildings at 25 Delaware and Old County Hall. No other site enables us to create such a criminal justice complex. Further, each of the other sites are considerably more expensive. In fact, the Fernbach site would cost $24 million more than the Church Street site and AM&A's would cost $27 million more. As you may know, the Diocese of Buffalo had previously been willing to make the Church Street site available for this project. Perhaps this site could once again be made available if the county can satisfy the concerns and needs of both the Diocese and St. Joseph's Cathedral. In December, 1995, the County Legislature designated the Church Street site for construction of this project. That Honorable Body would have to designate a new site, failing successful negotiations with the Diocese. I trust this information helps clarify Erie County's position regarding this project. Should you have any further questions, please do not hesitate to contact me. If you have any further questions, please do not hesitate to contact me REFERRED TO THE GOVERNMENTAL RELATIONS COMMITTEE No. 80 ERIE COUNTY Assistance in Snow Plowing Erie County is in receipt of your January 9, 1996 resolution concerning county assistance for snow plowing operations to the City of Buffalo. As you may know, the various municipalities throughout Erie County have signed a mutual aid agreement for these purposes. During the recent snowstorm that dumped over 30 inches of snow across the Western New York region, the Erie County Division of Highways contacted the City of Buffalo Streets Department to offer its assistance. As a result, Erie County provided the City with several pieces of snow fighting equipment. Since 1994, Erie County has appropriated $150,000 per year in its annual budget as a cash grant that is transferred to the City of Buffalo for snow fighting purposes. Recently, the Erie County Legislature and the County Executive authorized this year's grant. The City of Buffalo will be receiving this check in the very near future. Erie County stands ready to assist the City of Buffalo during future snowstorms under the terms of the county-wide mutual aid agreement, upon the request of the Mayor or the Commissioner of Streets Sanitation. I trust this information is helpful to you. REFERRED TO THE GOVERNMENTAL RELATIONS COMMITTEE No. 81 ERIE CO. HEALTH DEPT. Concerns-R. Clemente Clinic Regarding your letter of January 19, 1996 concerning the intentions of the County with respect to the clinic at the Roberto Clemente Center, the Erie County Department of Health has no plans to close the Roberto Clemente Maternal and Child Health Center. If you have any more concerns regarding this matter please feel free to contact me. RECEIVED AND FILED No. 82 FLEET BANK Landmark Designation Proposal 2221 Seneca Street As stated at the Common Council's Committee on Legislation meeting on January 30, Fleet Bank remains committed to the City of Buffalo and will make every attempt to keep the city informed of any future alterations to the building, both interior and exterior, at 2221 Seneca Street. We hope that this letter and our participation in previous meetings assures you of our willingness to meet our responsibility as a corporate citizen in South Buffalo. RECEIVED AND FILED No. 83 R. KERN Complaints - Human Relations Commission Attached is ALT: Alternative Press complaints regarding the City Commissioner on Human Relations. RECEIVED AND FILED No. 84 LOCAL 282 Info-Emergency Medical Service Response Whereas the Common Council should be made aware of protocol changes for emergency medical service responses in the Buffalo Fire Department, Be it resolved that the Common Council schedule a meeting with members of the Buffalo Professional Firefighters, Local 282, to discuss these changes. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET No. 85 NYSDEC Republic Steel (LTV) Marilla Street Landfill Site #915047 Vibratech, Inc. Site #915165 In response to your inquiry dated January 18, 1996 regarding the two sites noted above, I have attached information that I hope will assist the Council. Specifically, with respect to the Republic Steel site: This 100 acre parcel had a landfill cover system completed in 1993. Currently, the landfill is being monitored on a routine basis and reported to NYSDEC. The site was reclassified to Class 2 in November 1995 after further environmental assessments documented the presence of hazardous waste at the site and its impact to the environment. I have attached an excerpt of the latest technical document entitled Supplemental Solid Waste Management Facility Investigation Program dated August 1995 by Malcolm Pirnie, Inc. I have also enclosed minutes from a meeting in October 1995 [letter dated November 29, 1995, Malcolm Pirnie to NYSDEC] which indicates the progress being made to address the environmental issues at this site. Regarding the Vibratech site I offer the following: It appears that the Council has concerns regarding the contamination of groundwater from this site. I have enclosed excerpts of a report entitled Supplemental Groundwater Investigation dated December 1994 by Conestoga-Rovers & Associates. This report has information which shows the groundwater being collected by a sanitary sewer which is adjacent to the site. The location of the sewer acts as a barrier which prevents movement towards homes along Winchester Avenue. As part of the remedial work being conducted at this site by the facility owner, a permit was required to be secured from the Buffalo Sewer Authority for the "indirect" discharge of this groundwater to the sewer system. For your information I have enclosed a copy of the NYSDEC's report entitled Interim Remedial Measure Decision Document dated October 1995. The remedial work discussed in that document has been completed and additional work is anticipated to remove contaminated soil. The soil vacuum extraction process is being operated and details of the performance are available if you wish. I trust the above information is helpful in resolving any concern you have for these two sites, I encourage the Council to contact me to discuss the details of these or any of the hazardous waste projects located in the City. You may contact me at 851-7220. REFERRED TO THE COMMITTEE ON FINANCE No. 86 NYSDOT Signal Coordination Study This is in response to your letter dated January 10, 1996 requesting an update on our study to coordinate traffic signals in Downtown Buffalo. We have recently signed a contract with The Sear-Brown Group to analyze existing traffic patterns to develop signal coordination plans for the Buffalo Central Business District (CBD) and several New York State highways in Erie and Niagara Counties. The consultant will begin data collection in the city early this spring, to supplement the data supplied by the Niagara Frontier Transportation Committee (NFTC). Subsequent to data collection, the consultant will begin developing signal coordination timing plans for the CBD. We will be meeting with the City of Buffalo Department of Public Works, NFTC, and the consultant in the near future to discuss this study. Should you require further information, please contact me at 716-847-3268. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 87 NFTA Report-Drug Interdiction Program Please find enclosed the reports that were requested of the Drug Interdiction Unit, from the City Council. REFERRED TO THE COMMITTEE ON FINANCE No. 88 M. WESOLOWSKI Info-Salary Increases Bd. of Education As an elected member of the Buffalo School Board I know that every time I vote on an issue, whether it be yes or no, it is I, and only I, who bears the responsibility for that vote. This I accept, and do so willingly. Recently, I and others have been criticized for voting ourselves an increase in stipend. I accept this criticism but while accepting the criticism I would also like to clear up some misinformation about the process forwarded by the media. When I vote I did so in public during the public session of the board meeting - contrary to reports in the media. Results were broadcast the next day on a local radio station. The entire meeting was also broadcast throughout the city on TCI Cable three days later. The agenda is developed by the Superintendent and his staff, Board Members do not place items on the established agenda. The agenda is designed by staff to facilitate the day-to-day operations of the school district. Our Board bylaws prescribe the format of the board meeting. They clearly state that member items are introduced at the end of the meeting after all other business placed before the board is completed. This was a Board Member item. Even more important however, is the rationale for an increased stipend. I have always prided myself on the fact that my commitment to the Buffalo Board is a full-time commitment. I was recently credited by the Buffalo News for my "hard work and for the improvement of long neglected schools in my district, in which I am intensely involved." None of this would have been possible if I had held another full-time job. My colleagues and I are responsible for a 400 million dollar budget (which is the lion's share of the city's budget), more than 47,000 school children, 7,000 plus employees, etc... Our country was founded on the belief that a democratic society should be, "OF THE PEOPLE, BY THE PEOPLE, AND FOR THE PEOPLE." That means persons from all walks of life and from all socioeconomic backgrounds should have the opportunity to participate. It is my belief that the number of hours one must commit to the Board and the low stipend paid currently by the Board often preclude this from happening. The now higher stipend makes participation a possibility for a much broader segment of our community. REFERRED TO THE COMMITTEE ON EDUCATION PETITIONS No. 89 Ripen With Us Child Care Center, Inc., petitioner, petition to rezone 488-502 Kenmore Avenue from C-2 and R-2 to C-2 for a child care center. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 90 Socony Vacuum Oil owner, petition to use 577 Elmwood for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 91 Socony Vacuum Oil owner, petition to use 265 Germania St. to erect a metal addition for warehouse space. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND COMMISSIONER OF COMMUNITY DEVELOPMENT No. 92 John Price, owner, petition to use 265 Germania St. to erect a metal addition for warehouse space. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND COMMISSIONER OF COMMUNITY DEVELOPMENT No. 93 Gelinmac Storage, owner, petition to use 20 Buffalo River for the manufacture of animal feed. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 94 New Zion Institution, owner, petition to use 300-318 High St. for a Pole Sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 95 Benderson Development, owner, petition to use 2626 Delaware for a Pole Sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 96 Airport Taxi Service - Petition for Increased Taxi Service Rates. RECEIVED AND FILED REGULAR COMMITTEES CIVIL SERVICE HON. DAVID CZAJKA CHAIRMAN No. 97 Salary Ordinance Amendment 50 - Department of Human Services, Parks & Recreation 1 - Division of Parks 032 - Servicing Automotive Equipment (Item No. 172, C.C.P., Dec. 12, 1995) That the Salary Ordinance Amendment as contained in Item No. 172, C.C.P., December 12, 1995, be and the same hereby is approved. PASSED AYES-13. NOES-0. No. 98 Appointment Senior Account Clerk Stenographer That Communication No. 15 January 23, 1996 be received and filed and the provisional appointment of Linda Hardy stated above at the maximum salary $25,135.00 effective on January 10, 1996 is hereby approved. PASSED AYES-13. NOES-0. No. 99 Appointment Water Service Inspector That Communication No. 30 January 23, 1996 be received and filed and the permanent appointment of Joseph Ferraro stated above at the maximum salary $24,914.00 effective on January 10, 1996 is hereby approved. PASSED AYES-13. NOES-0. No. 100 Appointment Chief Teller That Communication No. 56 January 23, 1996 be received and filed and the provisional appointment of Suzanne Moores stated above at the maximum salary $29,273.00 effective on January 1.7, 1996 is hereby approved. PASSED AYES-13. NOES-0. No. 101 Notices of Appointment. - Temp/Prov/Perm (Item No. 68 CCP January 23, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED FINANCE HON. DAVID FRANCZYK CHAIRMAN No. 102 Info - Bennett Beach Item #47 CCP November 28, 1995 That the above mentioned item be and the same is hereby received and filed. REFERRED TO THE GOVERNMENTAL RELATIONS COMMITTEE No. 103 Carbon Copies-Req. Open Gift shop in City Hall (Item # 70 CCP October 31, 1995) That the above mentioned item be and the same is hereby received and filed. ADOPTED No. 104 Carbon Copies-Gift shop in City Hall (Item #72 CCP November 14, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 105 Interfund Loan (Item No. 6, C.C.P., Jan. 9, 1996) (Item No. 112, C.C.P., Jan. 23, 1996) That the Comptroller be, and he hereby is, authorized to make an interfund cash loan from the City General Fund to the City's Capital Projects Fund in the amount of $500,000 for Neighborhood Redevelopment Site Prep. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES-13. NOES-0. No. 106 Transfer of Title - Urban Homestead Program 105 French Street (Item No. 62, C.C.P, Nov. 28, 1995) That the City-owned property commonly known as 105 French Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is, authorized to execute a deed transferring said property to Mr. Paralee Hubbard, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and the property is maintained in a sanitary manner for at least thirty-six (36) months. PASSED AYES-13. NOES-0. No. 107 Info. - Homestead 101 French (Item # 12 CCP December l2, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 108 Petition for Increased Taxi Service Rates (Item No. 68, C.C.P., Nov. 28, 1995) That the above item be, and the same hereby is. returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. No. 109 Taxi Service Rates (Comm. No. 23 C.C.P. 1/9/96) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED No. 110 Establish Specialized Gang Unit in Police Department (Item No. 176, CCP No. 12/12/95) That the Common Council request that the Commissioner of Police create a specialized "Gang Unit" within the Department, charged with the responsibility of dealing with this serious problem; That the Commissioner file a response with this Council detailing his position on the concept of a "Gang Unit" and presenting a detailed description of the structure, composition, and responsibilities of this unit. Adopted No. 111 Gang units in Police dept. (Item # 20, CCP January 9, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 112 Report of Emergency Demolition- 88 Madison and 140 Krettner (Item No. 43, C.C.P. Dec. 26, 1995) That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Cedar Wrecking & Salvage at a cost of $4,800.00, relating to 88 Madison; to J. Martin at a cost of $4,490.00, relating to 140 Krettner; are hereby confirmed, ratified and approved, with said cost to be charged against Capital Outlay Account #100-241-085-00-900. PASSED AYES-13. NOES-0. No. 113 Bflo. Place - Extend Agreement (Item No. 69 CCP December 26, l995) That the above mentioned item be and the same hereby is received and filed. ADOPTED No. 114 Rev. Hemphill - Req. repair leak - 147 Woodlawn (Item # 71 CCP December 26, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 115 Rev. Hemphill - Req. repair leak - 147 Woodlawn (Item # 25 CCP January 23, 1996) That the above mentioned item be and the same is hereby received and filed. AD0PTED No. 116 Results of Negotiations - 135 Bennett Street & 242 Cedar Street (Item No. 11, C.C.P., Jan. 23, 1996) That the offer of Rev. Joe L. Fisher of Pleasant Grove Baptist Church, 226 Cedar Street, in the sum of $1,400.00 (One Thousand and Four Hundred Dollars) to purchase the properties described as 135 Bennett Street and 242 Cedar Street, be and hereby are accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser. PASSED AYES-13. NOES-0. No. 117 Approve Compromise of Invoice - J. B. Hunt Transport (Item No. 12, C.C.P., Jan. 23, 1996) That the Comptroller and the Corporation Counsel be and they hereby are authorized to settle the matter of J. B. Hunt Transportation Inc. in the amount of $3,736.76 payable to the City of Buffalo, Invoice #100-401-ARKS0034-94. PASSED AYES-13. NOES-0. No. 118 Report of Bids - Interior Reconstruction - Precinct 11 (Item No. 18, C.C.P., Jan. 23, 1996) That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Interior Reconstruction at Precinct 11, to RW Painting, the lowest responsible bidder, in an amount of $18,250.00. Funds for this work are available in the B/F 200-402-513 Division of Buildings. PASSED AYES-13. NOES-0. No. 119 Change in Contract - Venturi House and Valve Rehabilitation (Item No. 20, C.C.P., Jan. 23, 1996) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #2 to C & A Painting Contractors, Inc., changes resulting in a net increase in the amount of $37,190.00, as more fully described in the above communication, for work relating to Venturi House and Valve House Rehabilitation, Contract No. 31G, City Contract No. 91835800. Funds to be charged to Division of Water's 416-983-014-00-000 account. PASSED AYES-13. NOES-0. No. 120 Change in Contract - Massachusetts Pumping Station Upgrades (Item No. 21, C.C.P., Jan. 23, 1996) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #3 to John W. Danforth Company, changes resulting in a net increase in the amount of $11,102.00, as more fully described in the above communication, for work relating to Massachusetts Avenue Pumping Station Upgrades, Contract No. IG - General Construction, City Contract No. 91795400. Funds to be charged to Division of Water's 416-982-012-00-000 Capital Projects Account. PASSED AYES-13. NOES-0. No. 121 Info - Building Effective Strategies Community Policing Grant (Item No. 31, C.C.P., Jan. 23, 1996) That the Commissioner of Police be, and he hereby is, authorized to enter into a subagreement with the Research Foundation of the State University of New York and the University of Buffalo Foundation Services on behalf of the State University of New York at Buffalo to provide $54,248 worth in matching in kind services and $10,000 from Trust and Agency Asset Forfeiture Funding. PASSED AYES-13. NOES-0. No. 122 Lafayette Park lce Rink Name Change Hearing (Item No. 162, C.C.P. 1/23/96) That the above item be and the same is returned to the Common Council without recommendation. A Public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Zuchlewski, the item is properly before the Common Council, and the hearing be opened. CARRIED. Appearances -Joseph Giambra, Commissioner of Public Works and President-North Buffalo Community Center Mrs. LoTempio now moved that the hearing be closed. Seconded by Mrs. Gray. CARRIED. Mrs. LoTempio moved: That this Common Council, after holding the required public hearing, hereby renames Lafayette Ice Rink to "North Buffalo Ice Rink", and the City Clerk be and hereby is directed to notify the Erie County Division of Planning, Erie County Commissioner of Finance, Buffalo City Planning Board, Department of Assessment, Division of Planning, Division of Engineering, the City Police and Fire Departments and the Main Branch of the U.S.P.S. in Buffalo, be certified copy, as required by Section 286-5 of the Code of the City of Buffalo. Seconded by Mr. Coppola. PASSED AYES-13. NOES-0. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 123 Rite-Aid - Petition to use 1220 Lovejoy - Pole Sign (Item No. 72, C.C.P., Jan. 23, 1996) That after a public hearing before the Committee on Legislation on January 30, 1996, the petition of Rite-Aid, owner, for permission to use 1220 Lovejoy for a pole sign be, and hereby is approved. PASSED AYES-13. NOES-0. No. 124 Vincent Caruana - Petition to use 1094 Hertel Avenue - Sit-in Restaurant (Item No. 73, C.C.P., Jan. 23, 1996) That after a public hearing before the Committee on Legislation on January 30, 4996, the petition of Vincent Caruana, for permission to use 1094 Hertel Avenue for a sit-in restaurant be, and hereby is approved with the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 4. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year. 5. The use of signage must be as conditioned by the Department of Public Works. 6. That the use of any temporary sign be in accordance with the Code of the City of Buffalo. 7. That the applicant be assessed an annual fee of two dollars ($2.00) per square foot of City right-of-way occupied by the encroachment as prescribed in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 8. That the applicant supply the City of Buffalo with a $5,000.00 (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 sidewalk cafe. Passed AYES-13. NOES-0. No. 125 Proposed Landmark Designation Fleet Bank, 2221 Seneca Street (Item No. 12, C.C.P., Dec. 26, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That after a public hearing held by the Committee on Legislation on January 30, 1996, Fleet Bank at 2221 Seneca Street be designated as a local historic landmark, pursuant to Section 8 of Chapter 337 of the Preservation Standards of the Buffalo Code; and That this designation is made upon due consideration of the reports of the Buffalo Preservation Board and its Landmark Designation Committee which reports are hereby approved and adopted; and That this designation is made in accordance with the criteria set forth in the Preservation Code (Chapter 337 of the Buffalo Code) and for the reasons set forth in the reports of the Buffalo Preservation Board and its Landmark Designation Committee; and That the Secretary of the Preservation Board be and hereby is directed to file the property description with the City Clerk, the Director of the Planning Board and with the Department of Public Works; and That the Petitioner is directed to file a description or map of the property with the Erie County Clerk's Office. Mrs. Lockwood made a motion to deny said item. Seconded by Mr. Helfer. Mr. Quintana moved to amend the original motion to approve said item. Seconded by Mr. Franczyk. LOST AYES-6. NOES-7. Mrs. Lockwood now moved her original motion that the above item be, and hereby is, denied.. Seconded by Mr. Helfer. ADOPTED. AYES-8. NOES-5. No. 126 Word of Faith Ministries - Petition to use 142 Doat Avenue - Half-way House (Item No. 57, C.C.P., Jan. 9, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. No. 127 A. Singletary & 0-opp. Rezone 570 Kensington Ave. (Item # 90 CCP December 12, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 128 EAP 570 Kensington Item # 140 CCP December 12, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 129 Fargo Blk. Club - Opp. Comm. enter. 252 Conn. (Item # 162 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 130 Fargo Blk. Cl. - Opp. Comm. Entr. 252 Conn. (Item # 47 CCP October 17, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 131 Kay Block Club - Complaints speed vehicles (Item # 163 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 132 S. Manion-Absentee landlord/'West Ave., etc. (Item # 76 CCP October 17, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 133 Absentee landlords - West Ave. (Item # 54 CCP December 12, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 134 E. Hurley - absentee Landlords, etc.- West Ave. (Item # 72 CCP October 31, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 135 Calls made to Peace Bridge Auth. (Item # 141 CCP November 28, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 136 C. Boczynski - Opp. discont. bus- Walden/Bailey- S. Pk. (Item # 89 CCP December 12, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 137 NFTA - Discont. bus service-Walden, etc. (Item # 53 CCP January 9, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 138 Appt. Mbrs. - EMC (Item # 2 CCP December 26, 1995) That the above 'mentioned Item be and the same is hereby received and filed. ADOPTED No. 139 Examining Board of Plumbers (Item No. 4. C.C.P., Dec. 26, 1995) That the reappointment of Harold K. Fawcett, 197 Vermont Street, as a member to the Examining Board of Plumbers for a term effective January 1, 1996 and expiring December 31, 1998, be and hereby is accepted. Adopted. No. 140 Ord. Amendment Ch. 399 smoking (Item # 77 CCP January 9, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 141 Ord. Amend. Ch. 399 - smoking (Item # 139 CCP January 23, 1,996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 142 Ordinance Amendment Chapter 399-Smoking (Item No. 177, C.C.P. Jan. 23, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That the Ordinance Amendment as contained in Item No. 177, C.C.P. January 23, 1996, be and the same hereby is received and filed. That the Law Department is instructed to allow PERB to decide the issue of smoking within City Buildings without an amendment to the City's smoking ordinance, and; That the Law Department is instructed to report back and file with the Common Council the results of PERB's decision. ADOPTED No. 143 Notif. serials 8571-8573 (Item # 16 CCP January 23, 1996) That the above mentioned item be and the same is hereby received and filed. Mr. Coppola moved to receive and file Notification Serials 8571 and 8572 and to recommit Notification Serial 8573 to the Committee on Legislation. ADOPTED No. 144 Firefighter winter training Item # 173 CCP January 23, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 145 Ordinance Amendment Chapter 35 - Personnel Policies (Item No. 184, C.C.P., Jan. 23, 1996) That the Ordinance Amendment as contained in Item No. 184, C. C. P., January 23, 1996, be and the same hereby is approved. PASSED AYES - 13 NOES - 0 COMMUNITY DEVELOPMENT Hon. DALE ZUCHLEWSKI CHAIRMAN No. 146 Market Arcade UDAG (Item No. 50, C.C.P., Dec. 12, 1995) That the Buffalo Urban Renewal Agency and the Common Council be, and they hereby are, authorized to do the following: I . Submit the revision to the Grant Agreement naming BEDC as the dedicated developer for the three (3) facades. 2. Execute and deliver any and all documents by the appropriate party(ies) as may be necessary to secure UDAG. PASSED AYES - 13 NOES - 0 No. 147 Narrow section of S. Park - Crossroads (Item # 49 CCP December 27, 1995) That the above mentioned Item be and the same is hereby referred to the Stadium/Auditorium Task Force. ADOPTED No. 148 Encroachment - trees - S. Park - Crossroads (Item # 50 CCP December 27, 1995) That the above mentioned Item be and the same is hereby referred 'to the Stadium/Auditorium Task Force. ADOPTED No. 149 Amend South Ellicott Urban Renewal Plan to Allow Residential Development (Item No. 79, C.C.P., Jan. 9, 1996) That the Common Council approve the amendment of the South Ellicott Urban Renewal Plan to allow for residential development in the area of South Cedar, Myrtle, Spring and Seneca Streets. Adopted No. 150 Designation SEQR Lead Agency - Wegmans (Item No. 40, C.C.P., Jan. 23, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Zuchlewski moved: That the Department of Neighborhoods, Housing and Inspections is authorized to act as Lead Agency for the above-referenced project in accordance with Section 617.6 of the New York State Environmental Quality Review Act. PASSED AYES - 13 NOES - 0 No. 151 Report of Bids - J.F.K. Tennis Court Renovations Item No. 41, C.C.P., Jan. 23, 1996) That the Commissioner of Community Development be, and he hereby Is, authorized to award a contract for Shoshone Park Improvements, to Thomann & Loewer, the lowest responsible bidder, low base bid of $41,850 plus add alternate I of $5,880 for a total bid of $47,738. Funds for this work are available in Bond Fund Account 200-717-081. PASSED AYES - 13 NOES - 0 No. 152 Request Permission to Erect Industrial Park Signage (Item No. 59, C.C.P., Jan. 23, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Zuchlewski moved: That the Vice-Chairman of the Buffalo Urban Renewal Agency be, and he hereby is, authorized to proceed with the fabrication and installation of the three ground mounted aluminum signs at the three designated locations as described in the above mentioned communication. PASSED AYES - 13 NOES - 0 No. 153 Present. by Clarkson - WARM Prog. Item # 188 CCP January 23, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED EDUCATION COMMITTEE HON. BARBRA KAVANAUGH CHAIRMAN No. 154 Estab. Cap. reserve fund - Bd. Ed. Bldg. Projs. (Item # 158 CCP April 18, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 155 Fin. Plan. Comm. - report on Bd. of Ed. (Item # 77 CCP April 4, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 156 Reply to Fin. Plan Comm. Rprt. - Bd. Ed. (Item# 64 CCP April 18, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 157 Election process - School Bd. Elections (Item # 22 CCP February 7, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 158 Olmstead Planning/Development Committee (Item # 186 CCP February 21, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 159 Uniforms in schools (Item # 76 CCP October 3, 1995) That the above mentioned item be and the same is hereby received and filed. ADOPTED No. 160 Site based budgeting - Bd. of Ed. (Item # 231 CCP October 17, 1995) That the above mentioned item be and the same is hereby received and filed. ADOPTED No. 161 Site based budgeting (Item # 59 CCP October 31, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 162 Site based budget - Bd. of Ed. (Item # 42 CCP December 12, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 163 Decision-ARthur et al vs Nyquist, et al (Item # 30 CCP October 31, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 164 Supplemental Budget Req. (Item # 77 CCP November 14, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 165 Mbrs. Salary increase (Item # 58 CCP January 23, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED RESOLUTIONS No. 166 By: Mr. Brown Dialogue on Sales Tax Whereas: The extra eighth percent sales tax, instituted during Erie County's fiscal crisis of the mid- I 980s, was given entirely to the county rather than shared by municipalities and school districts according to formula; and Whereas: Although the bonds that allowed the county to emerge from its financial dilemma are now paid off, the county still receives all the money generated by the eighth percentage point to pay the costs of mandated services, particularly Medicaid, which the county maintains have risen dramatically since that time; and Whereas: In recent years, this Common Council has introduced numerous resolutions and made numerous initiatives aimed at acquiring a portion of the extra sales tax, an effort that has increased as the City's fiscal situation has declined; and Whereas: Previous discussions that have taken place regarding this issue have been largely unfruitful, due to a variety of factors; and Whereas: With the infusion of new Councilmembers, veteran Councilmembers have expressed the hope that there might be an opportunity to create a climate that can lead to a better, more cooperative relationship between the City and County that will benefit both governments and, ultimately, the taxpayers of Buffalo and Erie County; and Whereas: The establishment of a special committee at this time might allow City and County governments to develop joint initiatives that will allow for maximum operating efficiencies; and Whereas: Some of the ideas that the conunittee could consider include the possibly of the county assuming responsibility of operating the Convention Center, a county takeover of police booking, the county assuming responsibility for delinquent taxes, a consolidation of certain services, and not precluding the possibility of a sharing of the eighth percent of the sales tax; and Whereas: The committee would also explore, refine and build consensus around such creative proposals as County Legislator Michael Fitzpatrick's idea to create a "retail enterprise zone," a concept similar to one that was advanced by Delaware District Councilmember Alfred T. Coppola; and Whereas: This group may also help local governments obtain more funding from state and federal sources, as well as from private sources; and Whereas: This committee would need to realize that, in order for this effort to succeed where others have failed, there needs to be a recognition that any recommendations that emerge need to be mutually benefical and must produce tangible benefits for the community; and Whereas: This committee must recognize that city residents are also county residents, and jurisdictional issues should not blind us to the fact that we need to work toward solutions that will improve life for our constitutents; and Whereas: There also has to be an understanding by the committee and the Council that we must create a atmosphere that is conducive to such an undertaking by conducting these discussions in a professional manner and refraining from rhetoric that might only serve to inflame emotions and create further divisions; and Whereas: This committee should be a small and manageable working group, but should draw on resources in the public and private sectors and work in such a way that the general public can view the process and understand what is being discussed; and Whereas: The appproval of any measures which would consolidate city and county functions would require the approval of the Erie County Legislature, and the participation of legislators is essential if this effort is to be ultimately successful; and Whereas: Some of the new Councilmembers have indicated that they are willing to take on a leadership role in dealing with what is obviously a very difficult issue, but one that could produce some significant benefits for this community; and Whereas: Council President Pitts has already requested that Councilmembers Brown, Kavanaugh and Lockwood serve on this committee; Now, Therefore Be It Resolved: That this Common Council establishes a special government relations committee, and charge it with initiating dialogue that will lead to improved relations between City and County governments, and to enhance the available resources and improve the quality of services to City and County residents. Be It Further Resolved: That this Council agrees to formally request the participation of a representative delegation of Erie County legislators on this committee. ADOPTED No. 167 By: Mr. Brown Prequalify Watts Engineers Whereas: During recent discussions regarding a contract for a consultant for bridge repairs, the Commissioner of Public Works indicated that he had conducted an informal bidding process using contractors that he had "prequalified" as having proven capability of performing that type of work; and Whereas: Although no minority-owned firms were on the prequalified list, the Commissioner pointed out that he would be interested in adding any minority companies who might possess the requisite qualifications and experience; and Whereas: Watts Engineers, a corporation formed by an African American, Edward 0. Watts, P.E., P.C., has a reputation for professionalism and high quality service; and Whereas: In 1995 Edward 0. Watts received the Minority Business Person of the Year award from the Buffalo office of the U.S. Small Business Administration in recognition of his efforts to make Watts Engineers one of the area's most respected civil and environmental engineering consultants; and Whereas: Specialized in the areas of civil and environmental engineering, Watts has a fulltime staff of 33 engineers, technicians, special consultants, scientists, and administrative personnel and is fully capable of providing engineering services for bridge and highway projects; Now, Therefore Be It Resolved: That the Commissioner of Public Works hereby be requested take all steps necessary to prequalify Watts Engineers to perform engineering services for bridge and highway projects for the City of Buffalo. REFERRED TO THE CCMMITTEE ON LEGISLATION, COMISSIONER OF PUBLIC WORKS, AND CORPORATION COUNSEL. No. 168 By: Mr. Coppola Increase Minimum Cost of Work Requiring Permits Whereas: The city presently requires that a property owner secure a permit when performing repairs or alterations costing $500 or more- and Whereas: Even though the rate of inflation has increased, the $500 limit has been in effect for several years, and the fees increase as the dollar amount of repairs or alterations increase; and Whereas: Property owners performing simple maintenance are now finding that the cost of materials have increased considerably and are forced to obtain a permit adding to the cost and red tape for what originally might have been a routine repair; and Whereas: Because of the cost of materials and the ever-present rate of inflation in today's world, it would be more equitable to increase the $500 limit to $1,500 before requiring a permit; and Whereas: This increase should be allowed for simple repairs only, and specifically would not include technical repairs and alterations such as plumbing, electrical, and furnace, which directly affect health and well being and should have follow-up inspection. Now therefore be it resolved that: Because the rate of inflation has increased, this Common Council requests that the $500 limit required for securing a permit be increased to $1,500. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, AND THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS No. 169 By: Mr. Coppola Request City-Wide Referendum -Additional 1% Sales Tax Whereas: In 1986, through mutual agreement with Eric County government, the City of Buffalo agreed to an additional I % sales tax, proceeds from which would be used by Erie County government to retire a $75 million debt, which has been accomplished; and Whereas: On January 23, 1996, this Common Council adopted a resolution memorializing the State Legislature to authorize the extension of the additional 1 % provided that Erie County share that extra 1% with the other municipalities and school districts within the County; and Whereas: According to preliminary information, the City must notify the County of its desire to withdraw from their hand-shake agreement of 1986; and Whereas: It appears that there is enough time for a referendum, and that referendum should ask City voters if we should continue to pay the extra 1% sales tax in the City of Buffalo. Now therefore be it resolved that: This Common Council requests that a referendum be prepared for the upcoming election, November 5, 1996, that would ask City voters if we should continue to pay the extra 1% sales tax in the City of Buffalo, REFERRED TO THE GOVERNMENTAL RELATIONS COMMITTEE,, COMMISSIONER OF ADMINISTRATION AND FINANCE, AND CORPORATION COUNSEL No. 170 By: Mr. Czajka Salary Ordinance Amendment 40 - Department of Public Works 2 - Division of Buildings 021 - Administrative Services Whereas: The Common Council of the City of Buffalo does ordain as follows: That part of Section I of Chapter 3 5 of the Ordinances of the City of Buffalo, relating to 402-021 Department of Public Works - Division of Buildings - Administrative Services which reads: 1 Typist $20,215 - $22,420 is hereby amended to read: 1 Account Clerk $21,126 - $23,588 We, Joseph Giambra, Commissioner of Public Works and James B. Milroy, Director of the Budget, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the amount set forth in the foregoing ordinance. That a personnel requisition incident to the addition of the above position, containing a statement of the duties of such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. Approved as to Form Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 171 By: Mr. Franczyk Bond Resolution $3,000,000 Bonds Marine Midland Arena-Phase I dAccount 200-401-556 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $3,000,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of various streets located in the City, in connection with construction of the Marine Midland Arena, at the estimated total cost of $3,000,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Million Dollars ($3,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of various streets located in the City, in connection with construction of the Marine Midland Arena. 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 $3,000,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96, 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 Engineering, "Marine Midland Arena - Phase I, Bond Authorization Account No. 200-401-556, and shall be used for the class of objects or purposes specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $3,000,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a 20. of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: February 6, 1996 LAID ON THE TABLE No. 172 By: Mr. Franczyk Capital Budget Amendment Addition to Capital Program 1995-96 That pursuant to section 359 of the Charter and the certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 1995-96 be and the same is hereby amended by adding the following item under the heading: 200 Capital Projects 402 Division of Buildings Hertel Avenue Police Station $500,000 REFERRED TO THE COMMITTEE ON FINANCE No. 173 By: Mr. Franczyk Addition to Capital Program 1995-96 That pursuant to section 359 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 1995-96 be and the same is hereby amended by adding the following item under the heading: 200 Capital Projects 401 Division of Engineering Local Match for Marchiselli Funds $3,439,785 PASSED AYES-13. NOES-0. No. 174 By: Mr. Franczyk Appropriation Allotments - Board of Education That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Board of Education be and the same hereby is increased in the sum of $5,000,000. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: Revenue City 100 General Fund 810 - General City 402000 -City 98960 - Bond Issue Proceeds $5,000,000 To meet the increased appropriation as set forth below: 100 General Fund 97-0-Board of Education Operation and Maintenance $5,000,000 This will Increase the Board of Education Appropriation from $404,065,439.45 to $409,066,439.45 (both appropriations Include debt service of $9,104,411). PASSED AYES-13. NOES-0. No. 175 By: Mr. Franczyk Transfer of Funds Division of Budget and Management Division of Engineering 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 $83,000 be and the same is hereby transferred from the Division of Budget and Management - Planning for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 200 Capital Project Fund 061 - Division of Budget and Management 001 -Planning for Capital Projects $83,000 To: 200 Capital Project Fund 401 - Division of Engineering 556-Marine Midland Arena Street Reconstruction, Group 364 Phase l $83,000 No. 176 By Mr. Franczyk Discharge Committee on Finance Increased Appropriation - Div. of Collections Item No. 163, CCP, Jan. 23, 1996 Whereas, the above item is currently tabled in the Finance Committee Committee and Whereas, it is no longer necessary for this item to be considered by that Committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Committee from further consideration of this item, and the item is now before the Common Council for its consideration. CARRIED. Mr. Franczyk now moved approval of the above item. Seconded by Mr. Czajka PASSED AYES-13. NOES-0. No. 177 By: Mrs. Beverly Gray Determining Homesteading and New Housing Lot Sizes Whereas: Recently a number of requests have been made to this Council to homestead properties ; and Whereas: Homesteading consideration is given only when land lot size is inappropriate for new housing development; and Whereas: There seems to be a discrepancy in regard to the land lot size deemed suitable for homesteading; and Whereas: Lots sizes for new housing development should be uniform and the requirements for homesteading should be consistent; Now, Therefore, Be It Resolved That: This Common Council requests the Division of Real Estate to file with this Council a report indicating the minimum land lot size required for new housing development, the land lot size eligible for homesteading, and an outline of the homesteading process. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMPTROLLER, AND THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS No. 178 By: Mrs. Beverly Gray and Mr. Robert Quintana Establishing a Committee to investigate Taxi Cab Reform Whereas: At the Finance Committee meeting held on Tuesday, January 30, 1996, a public hearing was held on the request made by the ITA/ Airport Taxi Service, Inc. on behalf of all City of Buffalo licensed taxi cabs to petition for an increase in taxi service rates; and Whereas: During the hearing it was disclosed that a major reason for the rate increase request was the impact of the New York State Insurance Liability mandate; and Whereas: When considering any increase it is appropriate to review all related issues such as safety, cleanliness, reliability, insurance, etc; and Whereas: A committee to review taxi cab reforms would be the most effective way to thoroughly review the above concerns; and Whereas: The following people are willing to serve on a committee: Councilmember Robert Quintana; Councilmember Beverly Gray- Councilmember Byron Brown; Councilmember David Franczyk; Patrick Sole, Director of Licenses; Curtis Drake, Broadway Cabs; William G. Yuhnke, Liberty Cabs; and John Ceimer, Airport Taxi Service. Now, Therefore, Be It Resolved That: This Common Council requests that the Council President review this resolution and appoint the above listed people to serve on a committee to review Taxi Cab Reform. REFERRED TO THE COUNCIL PRESIDENT No. 179 By: Ms. Kavanaugh Memorialize The New York State Legislature To Alter The Term Of The Contract Of The Superintendent Of The Buffalo Public Schools Whereas: Since 1910, Article 52, Section 2565, subdivision I of the New York Education Law has mandated that the Superintendent of the Buffalo Public Schools be appointed for a period of six years; and Whereas: The New York State Legislature has before it "An Act to amend the education law, in relation to the appointment of a superintendent or associate superintendent of schools" (A. 7801 -Eve/S 5209-Volker), which would provide that in the future the Superintendent shall be appointed for a period of four years; and Whereas: The School Districts of Syracuse, Yonkers and New York City currently have the power to offer their Superintendents contracts lasting for a term not to exceed five years (four years in Rochester); and Whereas: The Buffalo Board of Education is in the process of searching for a new Superintendent, and would like the ability to be more flexible in negotiating the length of the contract with the candidates it interviews; Now, Therefore, Be It Resolved: That the New York State Senate and Assembly are hereby requested by this Common Council to amend the Education Law so that the Buffalo Board of Education can have more flexibility when entering into a contract with the new Superintendent; and Be It Further Resolved: That the City Clerk forward certified copies of this Memorialization to the Secretary of the State Senate, the Clerk of the State Assembly, and to the members of the Western New York Delegation of the New York State Legislature. ADOPTED No. 180 By: Ms. Kavanaugh, Mr. Brown, Ms. Gray, Mr. Helfer, Ms. Miller-Williams, Mr. Quintana and Mr. Zuchlewski Evaluation and Professional Development of Central Council Staff Whereas: Central Council Staff consists of individuals who are critical to the operations of the City Council as a whole; and Whereas: Council Staff perform a variety of duties including research, drafting of legislation, providing support to the day-to-day operation of both standing and special committees of the Council, fielding constituent inquiries and supplementing the Councilmembers' office staff, and Whereas: The Council as a whole depends and relies upon the skills and professionalism of Council Staff-, and Whereas: A system of evaluation and assessment not only assures the City Council and the public of the high caliber of its Council Staff, which performs so many crucial functions, but also provides a mechanism for the provision of training and other professional development to Council Staff, and Whereas: An "evaluation instrument" or form which provides opportunities for selfevaluation and peer evaluation, as well as objective and subjective evaluations is most likely to provide the best mechanism for fairly evaluating the varied abilities of the Central Council Staff, Now, Therefore, Be It Resolved: That this Common Council appoint a Special Committee for the Evaluation of Central Council Staff-, and Be It Further Resolved: That the Special Committee for Evaluation of Central Council Staff be charged with the design, with appropriate input from Council Staff and Councilmembers, of an "evaluation instrument" which will provide opportunity for self-evaluation and peer evaluation, and objective and subjective evaluations; and Be It Further Resolved: That the Special Committee for Evaluation of Central Council Staff complete the design of the evaluation instrument no later than March 15, 1996 so that all Central Council Staff can be evaluated by May 15, 1996. Mrs. LoTempio moved: That the 1st Resolve be referred to the Council President, and That the 2nd and 3rd Resolves be approved. ADOPTED No. 181 By: Ms. Lockwood Payment of Certain Small Claims Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $400.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the Subject claims are eligible for consideration under the said procedure; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof; Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law: 1. Jane W. Blecharski Claim for loss of garbage can at 159 Fruend Street. $ 10.00 2. Mary Carson Claim for loss of garbage cans at 22 Reiman Street. $ 13.99 3. Joseph Chilicki Claim for loss of garbage cans at 234 North Ogden. $ 20.00 4. CPF/Metpath Labs Claim for payment of prior fiscal year Invoice #4BB9031065 for services rendered to Firefighter Brian West who was injured in the line of duty and required medical treatment. $ 6.90 5. Mary Ferrara Claim for loss of garbage cans at 51 Brinton Street. $ 16.50 6.Vivian B. Johnson Claim for loss of garbage cans at 93 Mapleridge Avenue. $ 13.00 7. Marge King Claim for loss of garbage cans at 213 West Utica Street. $ 12.00 8. Lynn Marie Staff Claim for loss of garbage can at 430 Dearborn Street. $ 10.00 9. Phillip M. Stegemann, M.D. Claim for payment of prior fiscal year Invoice #7881 for services rendered to Firefighter James Thomas who injured his shoulder in the line of duty and required medical treatment. $ 28.35 10. Guido F. Quatrani Claim for refund of a five day golf pass. He was told that a golf permit would be necessary to guarantee access at any time. He had a New York State pass which guaranteed him access at restricted times. He paid the fee and found out that the Common Coumcil passed legislation allowing all holders of New York State passes access at any time rather than the restricted times. $ 65.00 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED AYES-13. NOES-0. No. 182 By: Mrs. LoTempio Request Investigation of Potential Beach Locations in the City of Buffalo Whereas: The city of Buffalo owes its existence to its location at the junction of Lake Erie and the Niagara and Buffalo Rivers and it is a reflection of horrendous planning that there is not one beach within our city despite its miles of waterfront; and Whereas: Life in Buffalo during the summer months would be far more pleasant if Buffalo had a beach that is accessible to all its citizens; and Whereas: There are several locations within the city that suggest themselves as beaches;and Whereas: Gallagher Beach, south of the Small Boat Harbor, is currently used as a beach by windsurfers and others and was recommended as a beach in the city's draft Local Waterfront Revitalization Program of 1991; and Whereas: The Bell Slip and the Outer Harbor south of the Pier Restaurant have also been looked at as beach locations by the Horizons Commission and in the Council's "From Rust Belt to Green Belt" report; and Whereas: The inlet at the southern end of LaSalle Park is used as a swimming area despite dangerous currents which could possibly be abated by a breakwall; and Whereas: The pond at the north end of Squaw Island is another attractive location with potential to become a public beach; and Whereas: Although most sites along Buffalo's waterfront have been contaminated by disposal activity, this should not be a prohibitive factor because the DEC and the EPA are funded to clean up waste sites so that they may be returned to public use rather than nixing plans for public use because the use isn't compatible with hazardous wastes; Now, Therefore, Be It Resolved That: This Council requests the Division of Planning to examine the sites mentioned above, along with any others they may identify and, by Thursday, February 29, at 2:00 PM, file a report with this Council ranking the feasibility of developing each of these sites as a public beach. ADOPTED No. 183 By: Mrs. LoTempio a Ordinance Amendment Chapter 399-Smoking The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 399 of the Code of the City of Buffalo be amended to read as follows: Section 399-18 Effective Date This Article shall become effective April 1, 1995. The provisions of this Article shall become effective [January 1, 1996] September 30, 1996 for the following City Buildings: [the Buffalo Convention Center,] the Buffalo Memorial Auditorium, [the Delaware Park Marcy Casino, Kleinhans Music Hall, the Lafayette Ice Rink, the downtown baseball stadium formerly known as Pilot Field and Shea's Buffalo Center for the Performing Arts] and North Americare Park. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. Mrs. LoTempio moved to approve said item, Seconded by Mr. Helfer. Lost Ayes-6. Noes-7. No. 184 By: Mr. Pitts Dialogue on 1% Sales Tax-County Government That Councilmembers Brown, Kavanaugh and Lockwood represent this Common Council to the County government in establishing a dialogue to determine the City's disposition and the County's disposition regarding the 1% Sales Tax. RECEIVED AND FILED No. 185 By: Mr. Pitts and Mrs. Williams Designation of Showcase School Whereas: The new franchise agreement with TCI of New York requires that the cable company install a "Showcase School" in a Buffalo school; and Whereas: Within 9 months of the designation of a Showcase School, TCI will provide a multimedia teaching and learning environment that uses advanced cable television and computer technology along with commercial-free television and data services; and Whereas: This video and data system would serve the entire school, and would be developed in cooperation with school officials and teachers; and Whereas: Over the term of the agreement, nine additional satellite sites will be designated, and they will be linked to the Showcase School and equipped with portable video production and editing equipment; and Whereas: The most suitable site for the Showcase School appears to the the Buffalo Academy for the Visual and Performing Arts, located at 333 Clinton St.; and Whereas: The reasons for the designation of BAVPA include: its curriculum, which includes Radio/TV, Theater, Vocal and Instrumental Music, Dance, and Visual Arts; its proximity to other schools, community centers, and the downtown area; and, its talented, progressive and enthusiastic school administration and staff; and Now, therefore be it resolved: That the Buffalo Academy for the Visual and Perfoming Arts, located at 333 Clinton St., be designated the Showcase School for the City of Buffalo according to the terms of the franchise agreement between the City and TCI of New York- and Be it further resolved: That TCI of New York hereby be directed to immediately initiate discussions with all affected Board of Education and BAVPA officials to expedite the installation of the Showcase School; Be it further resolved: That the Common Council's Telecommunications Committee be charged with working with TCI to coordinate the implementation of the Showcase School program. PASSED AYES-13. NOES-0. No. 186 By: Mr. Pitts HOMESTEAD OF 43 JOHNSON STREET WHEREAS: 43 Johnson Street is in dilapidated condition. The property is abandoned and was struck to the City of Buffalo through Foreclosure In Rem 151 Sale June 5, 1995; and WHEREAS: Ms. Emma Callahan, owner of 42 Johnson Street, would like to renovate and landscape the property. Ms. Callahan was recently recognized by the Buffalo News for the beautification of her property; and WHEREAS: Ms. Callahan has owned property on Johnson Street for over four decades. She is a business person and very community minded; and WHEREAS: Ms. Callahan would like to beautify and renovate 43 Johnson Street in order to remove the blight and negative affect of this eyesore. Now, therefore be it resolved: That this Common Council approve the homesteading of 43 Johnson Street to Emma Callahan residing at 42 Johnson Street; and Be it further resolved: That the Common Council request the Comptroller to negotiate a conditional deed transfer. PASSED AYES-13. NOES-0. No. 187 By: Mr. Pitts Appt. Council/Committee Reporter Be it resolved that Gretchen Pound, 254 Villa, Buffalo, New York 14216 is hereby appointed to the position of Council and Committee Reporter at the salary of $33,600, effective February 6, 1996. ADOPTED No. 188 By: Mr. Pitts Telecommunications Regulatory Ordinance Whereas: The Congress and the President have apparently agreed on a sweeping new Telecommunications Bill, which will produce dramatic changes in the field of communications; and Whereas: This legislation is expected to allow video service to be provided by telephone companies. which are not required to receive franchises; and Whereas: A Telecommunications Regulatory Ordinance would allow the Citv to require more stringent requirements similar to those that were made part of the current franchise agreement with TCI of New York; and Whereas: These requirements could deal with such issues as customer service standards, educational access, and permit requirements; Now, Therefore Be It Resolved: That the Corporation be directed to draft a Telecommunications Regulatory Ordinance that would regulate providers of telecommunications services in the City of Buffalo. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND THE CORPORATION COUNSEL No. 189 By: Mr. Pitts Audit Franchise Fees From TCI Whereas: TCI of New York has to pay the City of Buffalo a franchise fee that is equal to five percent of the company's gross revenues; and Whereas: This franchise fee provides the City with more than $1.5 million in annual revenue;and Whereas: It is important that the City obtain an accurate accounting of the franchise fees, so that it can make an informed decision about whether it has been receiving the proper amount of franchise fee revenue; Now, Therefore Be It Resolved: That this Common Council requests that the City Comptroller audit the franchise fees paid to the City of Buffalo by TCI of New York. ADOPTED No. 190 By: Mr. Pitts Ordinance Amendment Chapter 414 - Special Events The Common Council of the City of Buffalo does hereby ordain as follows: That the Code of the City of Buffalo be amended to add a new Chapter 414 to read as follows: Chapter 414 SPECIAL EVENTS Sec. 414-1. Legislative Intent The Mayor and the Common Council of the City finds that streets and other public places in the City are from time to time temporarily closed and used as sites for ethnic festivals, art shows, neighborhood celebrations and other public events which are privately sponsored but open to the public. Events of this kind serve to improve the quality of life of the residents of the City and often result in large numbers of people congregating within the confines of the temporarily closed streets or public places, and the resulting crowd conditions create concerns for police and fire access and control and other concerns relating to the health, safety and welfare of the public and of persons and property in the closed area. It is therefore essential that a policy be established for governing these events which will facilitate control over them by the sponsor and by City officials from departments involved with the event to safeguard persons and property. Sec. 414-2. Definitions The following words, when used in this chapter, shall have the meanings herein stated, unless a different meaning clearly appears from the context: SPECIAL EVENT - A special event is a preplanned single event or series of events that, because of its nature, interest, location, promotion, or any combination of similar influences, is expected, or later found, to draw a large number of people, sponsored by an individual or entity other than the City, proposed to be held on public property or on private property but affecting public property or requiring City support services, for the purpose(s) of entertainment, celebration, amusement, cultural recognition, arts and crafts displays and/or sales, amateur sports demonstration or competition, block parties or similar activities generically considered recreational in nature. Examples include, but are not limited to, ethnic festivals, street fairs, street art shows, public celebrations, outdoor concerts, parades, road races. LARGE NUMBER OF PEOPLE - Large number of people is any combination of spectators or participants expected, or later found, to equal or exceed three thousand (3,000). PUBLIC PROPERTY - Public property is property which is owned, operated, maintained, and/or controlled by the City which is not rental in nature. Examples of public property include, but are not limited to, parking lots, plazas, streets, sidewalks, and parks. SUPPORT SERVICES - Support services are those which can or must be provided by the City to ensure that a special event is conducted in such a manner as to protect the safety, health, property, and general welfare of its citizens. Examples include fire protection, crowd management and control, and traffic management and control. ADMISSION FEE - An admission fee is the charge to spectators to witness and persons to participate in the special event. CITY EVENT - An event sponsored by the City as recognized by the Special Events Advisory Committee. SPONSOR - The individual, group of individuals, corporation or other entity responsible for organizing the event. Sec. 414-3. Special Events Advisory Committee A. Purpose and Need The purpose of the Special Events Advisory Committee ("SEAC") is to provide a mechanism which will allow the City to plan for and coordinate special events; which will allow for the establishment of terms and conditions under which the event may be conducted; and will allow a sponsor to plan and manage a special event within the context of the established terms and conditions. The need for such a mechanism has been demonstrated over a period of years, wherein City departments and sponsors alike have been uncertain of their responsibilities. There is need for the City to be able to project and coordinate personnel and financial resources and the public spaces under its control. There is need for the City to be reimbursed for all or part of the services provided when it is deemed appropriate and/or possible. There is need for sponsors to receive a timely and understandable response to their requests or proposals and to have a clear understanding of their obligations. There is an overriding need to ensure that the mechanism will allow for, and in fact encourage, the reasonable proliferation of the activities and events which contribute to the economic viability of the City and the quality of life of its citizens. These needs can best be met by a thorough evaluation of each special event proposal on an individual basis by a committee designed to recognize these interests. B. Composition of the SEAC The SEAC shall be comprised of the following officials or their designated representatives: 1. The Special Events Coordinator, serving as Chair of the Committee. 2. The Commissioner of Community Development. 3. The Commissioner of Police. 4. The Commissioner of Public Works. 5. The Commissioner of Street Sanitation. 6. The Commissioner of Fire. 7. The Director of Licenses and Permits. 8. The Commissioner of Human Services, Parks and Recreation. 9. The Director of Budget and Management. 10. The Director of Parking Enforcement. 11. The Director of Recreation. 12. The Corporation Counsel. 13. The Common Council's Chief of Staff. C. Special Events Coordinator 1. Position and Appointment The Special Events Coordinator appointed by the Mayor shall act as the coordinator for the SEAC. The Special Events Coordinator shall operate out of the Mayor's Office. 2. Duties Coordination responsibilities include, but are not limited to, the following: a. Distributing Special Event Applications, Policies and Procedures, Evaluation forms, and related information to sponsors and City departments. b. Receiving and compiling completed applications from sponsors. c. Distributing completed applications and costing forms to City support departments. d. Receiving applications and cost forms from City departments. e. Convening and chairing the SEAC meetings. f. Notifying event sponsors of the approval/disapproval of the request and of conditions of approval, if any. g. Preparing and updating an annual special events calendar. h. Distributing the annual special events calendar to affected City departments. 3. Vacancy In the event of the temporary absence, vacation or disability of the Special Events Coordinator, the Mayor shall appoint an interim Special Events Coordinator until the absence, vacation or disability ceases. D. Responsibilities of the SEAC The SEAC is charged with the responsibility of reviewing, evaluating, approving or disapproving all special event applications as well as identifying City-sponsored special events. The decision making process may include, but not be limited to, the Following 1. Application of the general policy, criteria, and evaluation factors which are a part of these policies and procedures. 2. Consideration of the City's ability to provide support in terms of personnel resources. 3. Consideration of the City's ability to support the event financially. 4. Consideration of the sponsor's ability to provide financial assistance. E. Authority of the SEAC The SEAC may: 1. Approve or disapprove of an application as submitted. If the SEAC disapproves, the SEAC must state in writing the reason(s) for the disapproval. 2. Establish the terms and conditions for the special event. Terms and conditions may include, but are not limited to, areas such as location, timing, scope, and/or financial arrangements. 3. Negotiate with a sponsor for the purpose of establishing terms and conditions including, but not limited to, those identified in Section 414-10(D), and state in writing the final terms and conditions the City will agree to. F. Meetings and Timing of Meetings Meetings shall be convened by the Special Events Coordinator periodically, for informational purposes and/or for the purposes of evaluating and approving applications. G. Voting 1. Five (5) members of the SEAC shall constitute a quorum. 2. Decisions shall be made by majofity vote of those members present. Sec. 414-4. City Responsibility The City is responsible for determining whether to issue permits and licenses for special events and establishing guidelines for the safe and proper conduct of such special events. To fulfill these responsibilities the City must determine if a special event should be conducted and the terms and conditions under which an approved event may be conducted. Sec. 414-5. Sponsor Responsibility It is the sponsor's responsibility to make application to conduct a special event as provided in this article and to fumish any additional information that may be requested. It is the sponsor's responsibility to abide by all of the terms and conditions established as part of the approval process. It shall be the sponsor's responsibility to provide for the protection of the safety, health, property, and general welfare of those attending and participating in the special event. Sec. 414-6. Application and Cost Estimation A.The sponsor must submit an application to the SEAC at least ninety (90) days prior to the event. The application must include a proposed budget and a previous year's budget if such event took place in the previous year. The SEAC may meet with the sponsor and review the obligations of various City departments and the sponsor. The sponsor must supplement the application as new information is learned or obtained, including the addition of sponsors. The SEAC shall render its decision on a completed application within twenty-one (21) days of receipt of a completed application. All permit applications and applicable fees must be submitted thirty (30) days prior to the start of the event, including those related to fireworks, concession stands and amusement rides. Application forms are to be obtained from and returned to the Mayor's Office in City Hall. Exceptions may be made forjustifiable reasons upon petition to the Special Events Coordinator. B. City Costing Process The completed forms will be distributed to the appropriate City departments and agencies who will estimate the additional costs that would be incurred as a result of the event. This information may be used in establishing terms and conditions under which an event may be conducted when the use of police or other City personnel is appropriate, possible, and not in conflict with any other administrative policies and procedures and/or labor agreements. Sec. 414-7. Approval Process A. Review--General The SEAC will review, approve or disapprove each proposed special event on its own merits. In reviewing a proposed special event, the SEAC will also review, evaluate, and determine the costs of City support services required for the special event that will be charged to all sponsors, unless the SEAC waives all or any portion of these costs if such a waiver is in the best interest of the City. The SEAC will consider various criteria and factors, including, but not limited to: 1. Is the proposed event considered desirable for the City? 2. Does the City have the ability to provide the required support services regardless of who bears the cost? 3. Does the proposed special event conflict with any other proposed special event or activity? B. Decision The SEAC may either approve a proposed event as submitted, make unilateral modifications or make modifications in cooperation with the sponsor. In deciding on approving or disapproving a proposed special event, the SEAC will set forth any terms and conditions applicable to an approved event. The SEAC shall render any decision to waive costs or fees provided herein in writing with reasons for its decision to waive. C. Appeals An applicant for a special event may appeal the decision of the SEAC and the decisions of the Special Events Coordinator regarding petitions under Section 414-6(A) to the Finance Committee of the Common Council, which may recommend to the Common Council that it overturn the decision of the SEAC after a hearing. Sec. 414-8. Notification The sponsor will be notified of the approval or disapproval of the proposed event and will be advised of any terms and conditions applicable to an approved event by return of one copy of the SEAC Approval form within twenty-one (21) days of receipt of the completed application. Sec. 414-9. Requirements A. Permits and Licenses Approval to conduct a special event by this process does not relieve the sponsor or any participant, including but not limited to foodstands, vendors, peddlers or exhibitors, from the responsibility of applying for any other permits or licenses or meeting any other requirements which may be applicable. 1. Fireworks All permit, licensing and safety requirements established by the Department of Neighborhoods, Housing and Inspections and the Department of Fire shall be observed. The discharge of personal fireworks is not allowed. 2. Parades and Street Closings Sponsors must apply for any and all necessary permits to have a parade or to temporarily close a street. B. Insurance All events must obtain a liability insurance policy in the wnount of one million dollars ($1,000,000) with the City named as an additional insured, or a larger amount in the discretion of the City. This insurance shall satisfy all insurance requirements for the City for holding the special event. Additional insurance requirements of City Departments shall be considered by the SEAC in formulating the amount of coverage required. The insurance policy shall be subject to the review and approval of the Corporation Counsel of the City. C. Due Date All required permits, licenses, security deposits and insurance policies must be obtained no later than ten (10) days prior to the date of the event, with a copy of each forwarded to Room 201 City Hall. Sec. 414-10. Event Guidelines A. Daily Time Restriction The hours of operation for any special event taking place within a park shall be between the hours of 9:00 A.M. and 10:00 P.M. on weekdays and Saturdays and between 1:00 P.M. and 1O:00 P.M. on Sundays. The hours of operation for any special event taking place on the streets of the City shall be between 9:00 A.M. and 11:00 P.M. on any day of the week. B. Inspections Pre-event and post-event inspections will be performed by representatives of the sponsor and the SEAC. C. Site Maintenance All areas used must be left in a clean condition. The Department of Street Sanitation or the Department of Human Services, Parks and Recreation will provide trash cans and dumpsters for the event. The number required will be determined by review of each event by the SEAC. The sponsor must provide plastic bags for trash cans. The Department of Street Sanitation may provide additional sanitation services, subject to conditions set by the Commissioner of Street Sanitation before or after events. The sponsor must secure right of way access for all services provided by the City. 1. Clean-up Time Clean-up must be completed by 12:00 Noon on the day following the event. Events which utilize amusement rides are allowed until 4:00 P.M. on the day following the event. D. Services Available from the City The City will provide certain equipment and materials to facilitate comfort and control over the event, subject to availability and the CiWs prior need for such equipment and materials. Exceptions for these services may be made for justifiable reasons upon petition to the SEAC. 1. Temporary Parking Signs All temporary paper signs for restricting parking must be posted twenty-four (24) hours in advance and maintained by the sponsor. Requests for the necessary materials should be directed to the Division of Parking Enforcement. Any usage of temporary signs without the authorization of the Division of Parking Enforcement will be neither recognized nor enforced. Upon the event's completion, all paper signs must be taken down by the sponsor. 2. Barricades All barricades should be requested from the Department of Public Works, When the equipment is provided, the sponsor must sign for the barricades. The sponsor shall also be responsible for picking up, setting up, breaking down and delivering the equipment both to and from the Department of Public Works storage site. The cost of replacing lost or damaged barricades lies with the sponsor. 3. Snowfencing If necessary, all snowfencing should be requested from the Division of Parks. The sponsor shall be responsible for setting up and breaking down the equipment. The Division of Parks will deliver and pick up the equipment. A security deposit paid to the City may be required in the form of a check payable to "The City of Buffalo Special Events" in an amount determined by the Division of Parks. A copy of the receipt and check must be mailed to the Mayor's Office, Room 201 City Hall. The cost of replacing lost or damaged snowfencing lies with the sponsor. 4. Bandshell Rental A rental fee per day as provided in Chapter 175, Fees, shall be charged for the use of the bandshell. A rental fee paid to the City in the form of a check payable to "The City of Buffalo - Special Events". The check shall be delivered to the Division of Parks. A copy of the receipt and check must be mailed to the Mayor's Office, Room 201 City Hall. The Department of Human Services, Parks and Recreation will set up, maintain and take down the bandshell. The sponsor must provide security. 5. FEES A fee for furnishing security services at special events may be charged for each 3,000 persons in the aggregate in attendance at the event up to a maximum of 90,000 persons so that the fee not exceed $3,000.00, as provided in Chapter 175, Fees. The sponsor would pay this fee, as well as other costs not finally determined prior to the SEAC's authorization for the special event, within ten (IO) days after the conclusion of the event. E. Additional Services The sponsor may be responsible for providing some additional services during the event, including but not limited to the following: 1. Security 1. Security The amount and type of security necessary will be determined by the SEAC, upon review of the event application and the Department of Police's recommendation. Private security must be obtained pursuant to the reconunendations of the SEAC. 2. Emergency Medical Services The sponsor must provide a designated emergency medical service area or areas as needed. The sponsor shall meet all guidelines imposed by the New York State Department of Health. If an event expects an estimated crowd of five thousand (5,000) people or more, the sponsor must submit proof of contracted medical services to the SEAC before the issuance of any City permit or license. The Department of Fire will not station personnel on the event site for the purpose of providing first aid. 3. Utilities The sponsor is responsible for payment for any utility use, with payment made directly to the affected department or utility provider. Where available, meters will be checked before and after the event by a City representative and the sponsor. The affected department shall send a copy of the bill or invoice rendered to the sponsor to the SEAC as that bill or invoice is rendered. 4. Restroom Facilities The SEAC will determine reasonable guidelines for portable bathrooms. Financial responsibility for obtaining Facilities rests with the sponsor. The sponsor must provide supervision for any park restroom open after 4-.00 P.M. F. Banners and Signage Any banner to be hung over the streets of the City in relation to a special event must obtain the approval of the SEAC and the Department of Public Works before it can be erected. All signage placed for the event should follow any and all requirements for signs allowable under applicable law. The sponsor shall be responsible for erecting and dismantling any signage or banners it is permitted to hang. G. Other Restrictions The following are prohibited within the confines of any special event: 1. Overnight camping in City parks, except for authorized uses related to the nature of the event with the permission of the Commissioner of Human Service, Parks and Recreation. 2. Unlicensed gambling or illegal games of chance. 3. Littering and the use of glass containers. 4. Open fires that are not under the guidelines established by the Fire Prevention Bureau. Sec. 414-1 1. Evaluations A. Internal Evaluations Departments that participated in an approved special event shall submit to the Special Events Coordinator internal evaluation forms within seven (7) days after the conclusion of the event. Departments shall submit amendments to their evaluations as the departments receive additional facts. B. Sponsor Post-Event Accounting Sponsors shall submit to the SEAC an accounting of expenses, revenues, and use of funds. Sponsors shall submit such an accounting to the SEAC within thirty (30) days of the conclusion of the special event. Failure to submit such an accounting, or failure to use funds raised at the special event as represented to the SEAC or the City, may be a factor in evaluating whether to grant to that sponsor authorization to hold special events in the future. Sec. 414-12. Penalties A. Fine Special events shall not be held without the authorization of the SEAC nor held in contravention of the terms and conditions set forth by the SEAC (excluding reversions by the Common Council on appeal pursuant to Section 414-7(E)). Violation of this ordinance may subject the sponsor to a fine of five hundred dollars ($500.00) in addition to any other penalty provided in the ordinances or in any other law on account of commencement of said special events without required permits, licenses or authorization. B. Closing of Unauthorized Special Events The Commissioner of Police may close any special event conducted without authorization of the SEAC and the sponsors and participants may be subject to arrest. Sec. 414-13. Exclusion From Policy A. City Events Events initiated by and/or sponsored or cosponsored by the City are excluded from the provisions of this policy. Notwithstanding the exclusion of City events, any City event requiring significant support service assistance from any department or agency other than the sponsoring department shall be subject to application and costing procedures. The purpose of this provision is to assist all departments and agencies in overall resource and financial planning and processes. B. Events Solely Within Parks Events that are held entirely within the jurisdiction of the Division of Parks that involve less than a large number of people or do not require the intervention of any other City department shall be deemed an event sponsored or co-sponsored by the City for purposes of this ordinance and shall be regulated by the Division of Parks and governed by Section 414-13(A), Applications for such events shall be collected by the Division of Parks, which shall refer matters outside of this exemption to the SEAC. Sec. 414-14. Effective Date Pursuant to Section 35 of the Charter, this ordinance is effective immediately upon its adoption. The SEAC shafl give a waiver of the application deadline of Section 414-6(A) to sponsors of events proposed to begin within ninety (90) days from this effective date. APPROVED AS TO FORM Edward D. Peace Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION No. 191 By: Mr. Pitts Ordinance Amendment Chapter 175-Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows: CHAPTER 414, SPECIAL EVENTS FEE 414-1O(D)(5), services Security services per 3000 $100.00 persons in the aggregate in attendance during the special event, up to a maximum fee of $3,000 for more than 90,000 persons in attendance APPROVED AS TO FORM Edward D. Peace Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION No. 192 By: Mr. Pitts and Mrs. Williams Buffalo Place Inc. Contract Whereas: The previous contract between the City of Buffalo and Buffalo Place Inc. has expired as of June 30, 1995 which provided funding to Buffalo Place Inc. at the annual rate of $80,000 for contracted services; and Whereas: The Common Council has approved funding for Buffalo Place Inc. for the City fiscal year beginning July 1, 1995 at the same $80,000 rate; and Whereas: Both the City of Buffalo and Buffalo Place Inc. have agreed that the contract relationship is mutually beneficial and should be continued; and Whereas: Buffalo Place Inc. and the City of Buffalo wish to further explore additional mutually beneficial and cost-effective opportunities in the forging of a new three-year agreement. Now Therefore Be It Resolved That: The Board of Directors of Buffalo Place Inc. and Buffalo Place Foundation authorizes the Administration Committee with the assistance of Counsel to extend the existing agreement with the City of Buffalo for one year (July 1, 1995 - June 30, 1996) with the intention of negotiating a new three-year agreement prior to its June 30, 1996 expiration date. Finally Be It Resolved That: The Common Council approve the extension of Buffalo Place's contract in accordance with the directive of the Board of Directors of Buffalo Place Inc. PASSED AYES-13. NOES-0. No. 193 Messrs. Pitts and Zuchlewski Audit BEDC Whereas: The Buffalo Enterprise Development Corporation (BEDC) was created by the City of Buffalo in 1978 to help facilitate economic development and growth; and Whereas: BEDC acts as an agent for the City in utilizing federal funding for various programs and projects designed to foster economic growth; and Whereas: Although the Council has little direct role in the operation of the BEDC, millions of dollars pass through the agency on an annual basis and its activities have an enormous impact upon the City of Buffalo; and Whereas: Because of this lack of oversight by the Council, there are concerns that BEDC does not alwavs function in the best interests of the taxpayers of the City of Buffalo; and Whereas: Independent audits of the BEDC have been conducted, but they have focused on the accuracy of financial statements and the adequacy of the financial system, and did not examine such operational aspects as management practices, the internal control structure, compliance with federal regulations, and loan repayment rates; and Whereas: It would be very beneficial to contract with a certified public accountant to conduct a financial audit of the BEDC, and to also ask the CPA to study and evaluate its internal controls and practices as they relate to how the agency performs its mission and adheres to all relevant laws and regulations; Now, Therefore Be It Resolved: That this Common Council request that the Comptroller contract for an independent audit of the financial statements of the Buffalo Enterprise Development Corporation be conducted, and that the audit include an analysis of internal BEDC controls and practices. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT,THE COMPTROLLER AND THE CORPORATION COUNSEL No. 194 By: Mr. Quintana Renaming 7th Street -between Connecticut and Rhode Island Streets Whereas: By resolution 213 C.C.P. April 4, 1996 "Trailblazing Signage for 7th Street" this Council requested that a hearing be held on the renaming of 7th Street between Connecticut and Rhode Island Streets to Columbus Parkway; and Whereas:This hearing was never held; and Whereas:Residents and homeowners of Seventh Street between Connecticut and Rhode Island Streets have expressed support for the name change in earlier public hearings; Now, Therefore, Be It Resolved That: This Common Council directs the City Clerk make arrangements for an appropriate public hearing to commence the formal street name change process for 7th Street between Connecticut and Rhode Island Streets; and Be It Further Resolved That; This Council adopt the formal renaming of Seventh Street on the two blocks between Connecticut Street and Rhode Island Street numbered 676 to 801, to "Columbus Parkway". REFERRED TO THE COMMITTEE ON LEGISLATION No. 195 By: Mr. Quintana Emergency Service Concerns on Seventh Street/Columbus Parkway Whereas:Since the November 1994 renaming of the block of Seventh Street between Porter Avenue and Connecticut Street, confusion has reportedly arisen among emergency service providers because Seventh Street is now cut in two by Columbus Parkway; and Whereas:This Council needs to examine any public safety issues that have arisen as a result of the splitting of Seventh Street; Now, Therefore, Be It Resolved That: The Departments of Fire, Police and Public Works, along with the Buffalo Emergency Services Coordinator, be requested to file reports with this Council on any problems they may be experiencing or anticipating as a result of the splitting of Seventh Street between Porter and Busti Avenues; and Be It Further Resolved That; Once responses have been filed, this Council will invite residents of Seventh Street and Columbus Parkway from Porter Avenue to Busti Avenue to attend a Legislation Committee meeting to discuss this issue. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE, THE COMMISSIONER OF FIRE, THE COMMISSIONER OF PUBLIC WORKS AND THE ERIE COUNTY DEPARTMENT OF EMERGENCY SERVICES No. 196 By Mr. Quintana Request Legislature to require quick settlements of fire insurance claims Whereas: A burned out property is a major problem for a neighborhood because it can be an eyesore, an invitation to vandalism, a shelter for criminal activity, a negative influence on property values, and a harborage for rodents ; and Whereas: It is in the interest of the citizens of Buffalo that insurance claims regarding bumed out properties are settled quickly so that rehabilitation of the properties can proceed in kind; and Whereas: Insurance companies have an incentive to drag out settlement proceeding because the process can wear down the insured and open the way to a lower settlement; and Whereas: Within the city of Buffalo, the settlement of insurance claims has been slow in many cases, leaving neighborhoods to deal with the problems mentioned above; Now, Therefore, Be It Resolved That: This Common Council memorialize the New York State Legislature to develop and pass legislation that would speed up the process of settling fire insurance claims and limit the amount of time allowed to settle a fire insurance claim in the absence of extenuating circumstances; and Be it Further Resolved That; The City Clerk be directed to forward certified copies of this memorialization to the Clerk of the Assembly, the Secretary of the Senate and to the members of the Western New York Le islative dele ation. ADOPTED No. 197 By: Mrs. Williams Appointment of Legislative Assistant to Councilmember Williams' Office Now, Therefore, Be It Resolved: That the Common Council does hereby appoint Roscoe Henderson III, 338 Watson Street, Buffalo, NY 14212, to the position of Legislative Assistant to Councilmember Barbara Miller-Williams' office, effective January 29, 1996. ADOPTED No. 198 By: Mrs. Williams [Information on the Buffalo Police Department's Policy Regarding the Use of Chemical and Pepper Sprays] Whereas: The use of chemical and pepper sprays have been proclaimed by law enforcement officials as a progressive alternative to subdue a suspect, versus the use of deadly force by using a police baton or drawing a service revolver; and Whereas: The safety of chemical and pepper sprays used to subdue suspects has become a controversial issue nationally as well as locally; and Whereas: The Buffalo Police Department has cquipped its officers with chemical and pepper sprays for several years ; and Whereas: Several individuals have filed notice with the city of their intent to sue the city over the use of chemical and pepper sprays; and Whereas: One of the individuals filing a claim against the city was hospitalized with severe respiratory problems for two weeks after having been allegedly exposed to chemical and pepper sprays used by a Buffalo Police Officer; and Whereas: What has become very alarming is the possible indiscriminate use of chemical and pepper sprays; Now, Therefore, Be It Resolved: That the Buffalo Common Council requests that R. Gil Kerlikowske, Commissioner of the Buffalo Police Department, file with the Council a report describing the department's policy on the use of pepper and/or chemical sprays by its officers; and Be It Finally Resolved: That the Common Council further requests Commissioner Kerlikowske include in the report information on the possible adverse effects of chemical and pepper sprays on human beings. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE, THE CORPORATION COUNSEL, THE BOARD OF BLOCK CLUBS AND THE AMERICAN CIVIL LIBERTY UNION No. 199 By: Mrs. Williams Waive Fees For YouthBuild Housing Rehabilitation Program Whereas: Erie County YouthBuild, Inc., is a not-for-profit program that involves unemployed, young adults in building affordable housing in their communities; and Whereas: YouthBuild, through its comprehensive program, provides youth, ages 16 to 24 with skills in the construction trades and academic training, counseling, cultural and recreational activities, and job placement; and Whereas: In addition, YouthBuild provides leadership training, decision-making opportunities, and involvement in community issues for its participants; and Whereas: YouthBuild and the Buffalo Neighborhood Revitalization Corporation (BNRC) are working together to achieve the mutually beneficial goal of renovating abandoned, city owned housing stock; and Whereas: YouthBuild and BURA will be working under contract to renovate a two-family house at 286 Cedar Street, with BNRC providing the funding for materials and associated costs; and Whereas: There are various City permit fees associated with the rehabilitation of this site; and Whereas: Waiver of these fees would reduce the cost of rehabilitation, thereby making the completed project more affordable for potential buyers. Now, therefore be it resolved: That the Common Council waive all permit fees related to the Erie County YouthBuild's rehabilitation of 286 Cedar Street. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL No. 200 By: Mrs. Williams Waive Board-Up Recovery Fee at 27 Kingsley Street WHEREAS: On December 6 and 7, 1995, the Buffalo Urban Renewal Agency (BURA), under its "Clean and Seal" board-up program, enclosed a property at 27 Kingsley Street-, and WHEREAS: The board-up took place while a tenant was in the process of moving and without notice to the property owner, Mr. Herbert Daniels; and WHEREAS: The condition of the property and subsequent vacancy poses no threat to the neighborhood; and WHEREAS: Mr. Daniels has attempted to maintain the subject property and to address housing code violations, as cited by the City of Buffalo Inspections Division, in good faith and to the best of his ability, under very trying circumstances, including adverse weather; and WHEREAS: Imposition of the board-up and subsequent fine has necessitated removing the property from the rental market, thus causing financial hardship and further delay in addressing code violations; and WHEREAS: Mr. Daniels has paid $50.00 of the total fine of $255.00 in good faith while the matter is pending; and Now, therefore be it resolved: That the Common Council request waiver of the board-up recovery fee assessed by BURA on the property located at 27 Kingsley Street. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS AND THE CORPORATION COUNSEL No. 201 By: Ms. Williams and Mr. Pitts Recision of Lease - 384 Broadway Whereas: The Common Council approved the leasing of 384 Broadway to Frank Josker, C.C.P. I 10, December 12, 1995; and Whereas: Since that time Mr. Josker has withdrawn his interest in leasing the property; and Whereas: The H.E.L.P. organization, a not-for-profit organization dedicated to provide transitional housing, headquartered in New York City is proposing to renovate 384 Broadway for housing use; and Whereas: The City of Buffalo Department of Housing and Neighborhood Inspections has been working with H.E.L.P. to finalize an application to the New York State and Federal government for funding; and Whereas: 384 Broadway will provide an ideal and controllable site for such a program. Now Therefore Be It Resolved That: The Common Council hereby rescinds its approval to lease 384 Broadway to Frank Josker. Further Be It Resolved That: The Common Council approve the sale of 384 Broadway to the H.E.L.P. organization. Finally Be It Resolved That: The Common Council request the City Comptroller to negotiate the final sale arrangements and report to the Common Council. PASSED AYES-13. NOES-0. No. 202 By: Mr. Zuchlewski Stamping sidewalk projects with business logo Whereas: In the past, it was a custom of some concrete firms to stamp a logo type stamp in cement sidewalk blocks which indicated the name of the company that installed the concrete block, and Whereas: This is no longer allowed by the City of Buffalo and annually, thousands of dollars are being spent to replace old, cracked, worn out sidewalk blocks, and Whereas: This year, the City of Buffalo will be undertaking a major renovation project on Elmwood Avenue and new sidewalks and curbs will be installed from Forest to Delavan, and Whereas: This extensive project will certainly help to improve the aesthetics of this area and should be of high quality and good workmanship, and Whereas: One who takes pride in the quality of their work would certainly be more than happy to identify their work through the stamping of their company logo on their projects, and Now, therefore, be it resolved: That this Common Council requests that a review be done by Corporation Counsel to change city codes to mandate the stamping of sidewalk blocks by contractors who are awarded major sidewalk projects in the City of Buffalo, and be it further Resolved: That the Department of Public Works review the feasibility of having the contractor selected for the Elmwood Avenue project, stamp their company logo in their concrete work along this business strip. ADOPTED No. 203 By:Mr. Zuchlewski Subject:Maintenance of Jubilee Center - 1936 Niagara Street Whereas: The Jubilee Center, located at 1936 Niagara Street, is a city owned facility which is used as a recreation center for City of Buffalo residents, and Whereas: This facility is open Monday - Friday, from approximately 10:00 a.m.-9:00 p.m., and Whereas: The daily activities include: hot lunches for 20-30 senior citizens, cards and bingo programs, afler school recreational programs for younger children and in the early evening hours, older youth use this facility for basketball, pool and other table top activities, and Whereas: At the present time, there is no maintenance or cleaning schedule for this building, and Now, therefore, be it resolved, That this Common Council requests the Department of Public Works and the Department of Human Services, Parks and Recreation to work together in formalizing a maintenance and cleaning program, and be it further Resolved, That because this public facility receives very little annual attention and because of the amount of traffic and daily use ft receives, a maintenance and cleaning program is imperative to insure the health and welfare of our constituents. ADOPTED No. 204 By: Mr. Zuchlewski and Mr. Pitts Require Filing of Disclosure Statements by Employees of Buffalo Development Companies Whereas: Chapter 12 - Ethics, Code Of - of the Code of the City of Buffalo states, in part, that "Every provision of this code, except as expressly limited herein, shall apply to every officer and employee of the city, whether paid or unpaid. It shall also apply to members, directors, officers and employees of any not-for-profit corporation if a majority of such corporation's members or directors serve by reason of their city positions or if a majority of such corporation's officers or directors are appointed by one (1) or more city officers or bodies. Any such not-for-profit corporation shall be deemed to be a city agency for the purposes of this code. The members, directors, officers and employees of any such corporation shall be deemed to be city officers or employees for the purposes of this code"-, and Whereas: Exempted from this code are officers or employees of City Court of Buffalo, the Buffalo Sewer Authority, the City of Buffalo Urban Renewal Agency and the Buffalo Municipal Housing Authority, unless the code is adopted by their respective governing bodies; and Whereas: An additional provision of this code is the required filing of an annual disclosure statement, as detailed in the code, by all affected persons; and Whereas: At present, not all individuals affiliated with the various not-for-profit corporations serving as development agencies for the city file disclosure statements. Auxiliary agencies such as those under the Buffalo Development Companies' umbrella (Buffalo Neighborhood Revitalization Corporation, Development Downtown, Inc., Buffalo Enterprise Development Corporation) are, in actuality, quasi-govermnental bodies whose officials and employees are acting on behalf of the interests of the City of Buffalo. In fact, officials and employees are often considered 'city workers', are often interactive with various city departments, in some cases are affiliated as a direct result of their duties with the city, and in reality, are appointed to their position by one or another of the City of Buffalo's official governing powers; and Whereas: To avoid any inference of impropriety, it is in the best interests of the city and the agencies that all individuals, whether officials, employees, or those serving as a result of a personal services or consultant contract, abide by the code of ethics and its disclosure requirements: Now, Therefore, Be It Resolved: That this Common Council officially request that the governing bodies of those entities, above listed, who are exempted from the code, formally adopt the provisions of Chapter 12 - Code of Ethics; and Be it Further Resolved: That the Corporation Counsel submit an opinion on the inclusion of the officers, employees, and personal service / consultant contractors of the Buffalo Development Companies in the requirements of Chapter 12 of the Code; and Be it Finally Resolved: That if, in fact, those associated with the Buffalo Development Companies are not obligated to adhere to the Code of Ethics according to the applicability standards for notfor-profit corporations described in Section 12-2, the Corporation Counsel be directed to prepare an amendment to Chapter 12 that requires participation of the Buffalo Development Companies. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE CORPORATION COUNSEL, THE DEVELOPMENT COMPANIES AND THE BOARD OF ETHICS No. 205 By: Messrs. Zuchlewski and Pitts Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Comon Council as indicated: Felicitation for Dr. Ora Lee and Mr. Anthony Delgado By Councilmember Pitts Felicitation for Catholic School Week By Councilmember Pitts Felicitation for Gay and Lesbian Youth Service of Western NY By Councilmember Kavanaugh Felicitation for Johnny B. Wiley By Councilmember Gray ADOPTED. No. 206 By; Mr. Zuchlewski: Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1996, conditional upon the person so appointed certifying under oath to their qualifications and filing sme with the City Clerk Christine A. Gould Lisa B. Stefanski Mark L. Winkelsas B. John Huber ADOPTED. No. 207 By:Mr. Zuchlewski Appointments Commissioners of Deeds Required-Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1996, conditional upon the person so appointed certifying, under oath, to their qualifications and filing same with the City Clerk: Roscoe C. Henderson III David Adamski Shawn M. Bailey Angela Blue Theresa Calvin Charles DiSalvo Robert J. Felachow, Jr. Vincent P. Ferraraccio, Jr. Gene Fronczak Kevin J. Gould Dwain Laws William J. Mara William D. McGuire Mohamed A. Mohamed Michael O'Neill Steven L. Pieri Sandra B. Roessler Michael A. Scott Juan E. Sharp Mario A. Sirianni Judy A. Vona ADOPTED UNFINISHED BUSINESS No. 208 Bond Res. - $54,000 - King Urban Life Ctr. (Item 166, C.C.P., Jan. 23, 1996) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Franczyk CARRIED. Mrs. LoTempio now moved that the above item be approved. Seconded by Mr. Franczyk PASSED AYES -13 NOES - 0. No. 208 Announcement of Committee Meetings The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City HaR, Buffalo, New York, unless otherwise noted. Regular Committees Claims Tuesday, February 13, 1996 9:00 A.M. Civil Service Tuesday, February 13, 1996 9:30 A.M. Finance Tuesday, February 13, 1996 - following C.S. Legislation Tuesday, February 13, 1996 2:00 P.M. Community Dev Wednesday, February 14, 1996, 10:00 A.M. Education Wed., February 14, 1996 - following C.D. Ancillary Meetings Hearing- Bd. Ed. Pay Raise Wed, Feb 7, 1996 6 PM-Chambers Buffalo River Hearing Sat, Feb 10, 1996 10 AM Chambers No. 210 Adjournment On a motion by Mrs. LoTempio, Seconded by Mr. Czajka the Council adjourned at 4:14 P.M. Charles L. Michaux III City Clerk COMMON COUNCIL CITY HALL BUFFALO, NEW YORK SPECIAL SESSION JANUARY 31,1996 AT 2:00 PM Present - James W. Pitts President of the Council, and Councilmembers: Brown, Coppola, Czajka, Franczyk, Gray, Helfer, Kavanaugh, Lockwood, LoTempio, Quintana, Zuchlewski-12 Absent: Councilmember Williams-1 No. 1 CALL FOR SPECIAL SESSION Mr. Charles L. Michaux, III City Clerk 1308 City Hall Buffalo, New York Dear Mr. Michaux: Pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Councilmembers, dated January 31, 1996, presented to you herewith, I hereby call a Special Meeting of the Common Council, and hereby waive 24 hours' notice, this meeting is to be held in the Council Chambers, City Hall, Buffalo, New York, on January 31, 1996 at 2:00 p.m. for the following purpose: To receive and take appropriate action on a resolution terminating the City's participation in the County of Erie's one percent (1 %) sales tax and introducing the City's one percent (1 %) sales tax. Yours very truly, James W. Pitts President of the Common Council James W. Pitts President of the Common Council 1315 City Hall Buffalo, New York Dear Sir: We, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 30 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action 2 on a resolution terminating the City's participation in the County of Erie's one percent (1 %) sales tax and introducing the City's one percent (1 %) sales tax. We request that this Special Meeting be held on January 31, 1996 at 2:00 p.m. Dale Zuchlewski Rosemarie LoTempio Beverly Gray David J. Czajka Bonnie K Lockwood TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of five Council Members, dated January 31, 1996 the Common Council President James W. Pitts, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on January 31, 1996 at 2:00 p.m. for the following purpose: To receive and take appropriate action on a resolution terminating the City's participation in the County of Erie's one percent (1 %) sales tax and introducing the City's one percent (1 %) sales tax. Yours very truly, Charles L. Michaux III City Clerk Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit- KEVIN HELFER DAVID A. FRANCZYK DAVID CZAJKA BONNIE KANE LOCKWOOD ALFRED T. COPPOLA BARBARA A. MILLER-WILLIAMS BARBRA KAVANAUGH ROSE MARIE LOTEMPIO BYRON BROWN BEVERLY GRAY ROBERT QUINTANA DALE ZUCHLEWSKI herebv states that he/she received notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on January 31, 1996 2:00 p.m. and hereby waives 24 hours'notice. DALE ZUCHLEWSKI ROSEMARIE LOTEMPIO DAVID J. CZAJKA BARBARA MILLER-WILLIAMS BEVERLY GRAY ALFRED T. COPPOLA BARBRA KAVANAUGH KEVIN J. HELFER ROBERT QUINTANA DAVID FRANCZYK BYRON W. BROWN BONNIE KANE LOCKWOOD STATE OF NEW YORK COUNTY OF ERIE CITY OF BUFFALO On this 31st day of January 1996, before me, the subscribers, personally appeared Dale Zuchlewski, Barbara Miller-Williams, Beverly Gray, Barbra A. Kavanaugh, Robert Quintana, Bonnie Kane Lockwood, Rosemarie LoTempio, David Czajka, Alfred T. Coppola, Kevin J. Helfer, David Franczyk and Byron W. Brown to me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A. Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y, Commission expires 12/31/96 No. 2 By: Mrs. LoTempio, and Messrs. Pitts, Helfer, and Coppola Additional 1% Sales Tax Whereas: Erie County Executive Dennis Gorski included in his 1996 budget projected revenue from the extension of the additional one percent (1%) sales tax; and Whereas: The Erie County Legislature adopted the county budget with the extra one percent (1%) sales tax included, and, in addition, has formally requested the New York State Legislature to again authorize the additional one percent (1%) sales tax for Erie County; and Whereas: In 1986, the County approached the City for its support for the County receiving authorization from the State of New York to impose a temporary additional one percent (I%) sales tax, with the understanding that revenues from that tax would be used to retire certain of the County's bonds and that such authorization would terminate when such bonds were retired; and Whereas: In 1986, the County and the City reached an agreement that, in order to meet the County's budgetary shortfall, the County would seek authorization from the State of New York to impose a temporary additional one percent (1%) sales tax, with the understanding that revenues from that tax would be used to retire such bonds -and that the City would not receive a share of such one percent (1%)- and Whereas: After such bonds were retired the County and the City reached another agreement pursuant to which the County, in order to meet the County's budgetary shortfall, the County would seek authorization from the State of New York to impose a temporary additional one percent (1%) sales tax, with the understanding that the City would not share in such one percent (1%) for one year but that if the County were to receive any additional such authorizations the City would share in the additional one percent (1%); Whereas: Since the county has made final payments on the $75 million debt for which the additional one percent (1%) sales tax was originally authorized, it is patently unfair for Erie County to keep all revenues generated from the eighth percent in light of the economic hardships that the City of Buffalo and other Erie County cities, towns, villages, and school districts are experiencing; and Whereas: The Common Council recognizes the dire fiscal problems that the City of Buffalo faces and realizes that additional revenue is the only avenue for solving some of our financial deficiencies; and Whereas: The Buffalo School System, despite additional funds from the City, is facing tremendous deficits in the upcoming fiscal year which could be lessened by the influx of additional revenue from sales tax; and Whereas: The Common Council adopted resolution 183, C.C.P. 1/23/96 to memorialize to the New York State Legislature to authorize the extension of the additional one percent (1%) New York State Sales Tax for the County of Erie for fiscal year 1996 provided that the distribution of the additional one percent (1%) be shared with all Erie County cities, villages, towns, and school districts in the same manner as described in the sales tax agreement, further resolving that certified copies of that resolution be sent to the Secretary of the New York State Senate, the Clerk of the New York State Assembly, the local delegation of the New York State Legislature, the Erie County Executive, the Erie County Legislature, school districts, and all Town Boards in Erie County; and Whereas: The county, however, has not agreed to share any of the revenue from the one percent (1%) additional sales tax with the City of Buffalo or any of the other cities, towns, villages or school districts in Erie County; and Whereas: The County Legislature is considering a proposal to create a sales tax free zone in the central business district of Buffalo, Now Therefore Be It Resolved That: The City of Buffalo shall terminate any agreements it has with the County of Erie authorizing the County of Erie to retain all revenue from the additional one percent (1%) sales tax without sharing any of that revenue with the cities, villages, towns, and school districts in Erie County; and Be It Further Resolved: The City enter into discussions with the County concerning the creation of such a sales tax free zone in the central business district of Buffalo, and Be It Finally Resolved: This Common Council direct the City Clerk to forward certified copies of this resolution, by registered mail, to the State Tax Commission, the Secretary of the New York State Senate, the Clerk of the New York State Assembly, the local delegation of the New York State Legislature, the Erie County Executive, the Erie County Legislature, school districts, and all Town Boards in Erie County, with this resolution serving as written notice of termination. Mrs. LoTempio moved to approve the above item. Seconded by Mr. Coppola Mr. Zuchlewski now moved to amend to refer the item to the Committee on Finance. Seconded by Mr. Brown ADOPTED No. 3 Adjournment At 3:30 P.M., Mr. Pitts moved to Adjourn. Seconded by Mr. Coppola.