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HomeMy WebLinkAbout96-0305 No. 5 Common Council Proceedings of the City of Buffalo Regular Meeting, March 5, 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, March 5, 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 February 20, 1996 were approved. FROM THE MAYOR No. 1 Certificate of Appointment Appointment Effective February 26, 1996 in the Department of Mayor/Executive Contract & Human Resource Admin-Division of Contract & Human Resource Admin. Bonnie Russell, 25 Shirley Avenue, Buffalo, N.Y. 14215, to the Position of Affirmative Action - EEO officer, Permanent N/C, at the Maximum Starting Salary of $36,322. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 2 Walgreens - Main & Kenmore Ave The City Planning Board, at its regular meeting of February 27, 1996, voted to deny the request by H.H. Acquisition Corp., developer, to erect a Walgreens at the corners of Main St. and Kenmore Ave. The City Planning Board reviewed this item as per section 511-79.9 "Transit Station' of the Buffalo Code. Although, the Planning Board fully supports this project the ordinance, as written, does not allow the Planning Board to take any action but to deny, with the layout of the building. The two reasons for this action is that the project does not meet area requirements and setback requirements. The appeal process allows for the Common Council to overturn the Planning Board's decision. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION No. 3 Reversion of "Times Beach" to the United States of America Item No. 180, C.C.P. 1/23/96 The EMC responds to a Common Council resolution "Reversion of 'Times Beach' to the United States of America,. The commission has a long history of involvement and support for appropriate use of this premier waterfront and environmental site. The Commission notes that the thrust of the Council's resolution is a call for the Environmental Office to focus on work with governmental entities regarding Times Beach. The Commission understands that the Environmental Office has been working with various involved agencies in this regard and is pleased to see that the Council is considering supporting advancement of this issue. The Commission considers issues related to the environment, human health, and appropriate reuse of the site highly important. It would be pleased to be involved with any City of Buffalo or other entity attending to these issues. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMPTROLLER No. 4 Quarterly Financial Data This is to advise that a summary report of the Appropriation, Expenditure, Encumbrance and Revenue activity and Balance Sheets of the City of Buffalo General Fund for the period October 1 through December 31, 1995 have been delivered to the Common Council Chief-of-Staff Michael Williams. This is in response to your request for quarterly financial data. We have also submitted this data to the Budget Office and it is made available to departments and divisions individually in printed format and via their "on-line computer terminals." This approach has been utilized due to the size of the reports and limited budgetary resources. The Summary of Appropriation/Accounting Activity summarizes line item data by function within departments and divisions, and includes the General City Charges line accounts, i.e.: departments with an 81X identifier. The Summary of Revenue Report summarizes individual revenue accounting activity by department and division, and also summarizes all revenue activity by source (NYS, Federal, etc.). The Revenue activity for Department 81 0 - General City is included. The Balance Sheets reflect the City's assets, liabilities and fund equity for the period cited above. REFERRED TO THE COMMITTEE ON BUDGET. No. 5 Response Homestead 43 Johnson Street to Ms. Emma Callahan Item No. 186, C.C.P. 2/6/96 The above referenced item is a resolution, passed by the Common Council authorizing the homesteading of 43 Johnson Street to Ms. Emma Callahan who lives at and owns 40 Johnson Street. This communication is intended to advise Your Honorable Body of the following: The policies and procedures for the homesteading of vacant land and city-owned buildings were enacted in 1974 under the Community Wide Urban Renewal Demonstration Program, Item #245, C.C.P. 9/17/94. The purpose of the Homestead Program was to return tax foreclosed properties to the tax rolls. Properties in the program included city & B.U.R.A. owned vacant land and vacant improved one and two family homes. A recent review of the policies and procedures of the Urban Homestead Program by staff from my department has raised serious concerns about the effectiveness of the program, since its inception in 1974. It was originally intended for the B.U.R.A. to annually review City and B.U.R.A. inventory and designate and recommend which homes and vacant lots were eligible for homesteading and to offer technical and financial assistance to eligible homesteaders. Today, it is more accurate to say that the Homestead Program, as originally created, has changed over the years to a degree that the process is no longer overseen by B.U.R.A., and processing of homestead requests has been undertaken by the Departments of Neighborhoods, Housing & Inspections and the Division of Real Estate. The original procedure required that B.U.R.A. and the Comptroller review and qualify all homestead requests and forward to the Common Council for final approval. This process was to provide the technical assistance and in some instances, financing, to eligible homesteaders to assist them in planning and in the actual rehabilitation of the property. Other than the current City Property Rehabilitation Program, administered by Buffalo Neighborhood Revitalization Corporation, in which single and two family homes are being reclaimed, the actual Homestead Program for single and two family homes has not been observed for some time now. Requests for homesteading of vacant lots by adjoining homeowners are processed when received. With regard to the approval of Ms. Callahan's request, Your Honorable Body should be aware that Ms. Callahan was in the process of trying to purchase the property through a negotiated private sale. It appears from the resolution in question that she now wishes to acquire the property through homesteading. In addition to her own home at 40 Johnson Street, Ms. Callahan owns three (3) additional properties on Johnson Street that are used for income purposes. Under the Urban Homestead Program, the transfer of title to a homesteader is conditional. The homesteader must complete all repairs with in 18 months and reside in the structure for 36 months. Clearly, Ms. Callahan is acquiring the property for investment purposes and not to reside in. In summary, while we agree with the worthiness of transferring this property to Ms. Callahan, the method appears to be flawed and most likely is in conflict with the existing regulations governing the disposition of city owned property. I am recommending that the prudent course of action would entail Corporation Counsel advising us as to the propriety of this transaction. Lastly, it appears that the time has come for Your Honorable Body to impanel a committee or task force, similar to that which recommended the adoption of uniform procedures to guide the City in its real estate transactions. Those procedures were promulgated in Item #198, C.C.P. 5/18/78 and were developed to deal with the real property procedures and practices at that time. Like many other elements of the market place, 18 years often calls for modification and, in some cases, outright change. My department is ready to assist and participate in any committee or task force that may be impaneled by the Common Council. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 6 Renewal Option Lease Agreement Between the City of Buffalo and West Side Community Services for Use of 161 Vermont Street Item #181, C.C.P. November 15, 1988 Your Honorable Body authorized the lease agreement between the city of Buffalo and West Side Community Services for use of 161 Vermont Street. This lease was for a five (5) year period commencing April 1. 1988 to March 31, 1993, with succeeding one (1) year renewals, to a maximum of nine such renewals. This office has received a request from Mr. Jack Hanley, President of West Side Community Services requesting to exercise their option to renew said lease for an additional one year period as stated in their lease agreement. The lessee has fully satisfied and complied with all provisions and terms of the lease. The renewal will be for the period of April 1, 1996 to March 31, 1997. This is their 4th renewal option of their lease agreement. The annual rental fee is waived for use of the Center and premises by the West Side Community Services. This Office recommends Your Honorable Body approve West Side Community Services request to exercise their option to renew their lease for an additional one year term. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary lease renewal and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 7 Lease Renewal Between the City of Buffalo and St. Ambrose School For Use of Various Rooms at Former School 29 2193 South Park Avenue Item #17, C.C.P. 1/25/94 Your Honorable Body authorized the lease agreement between the City of Buffalo and St. Ambrose School for use of Rooms 225, 226 and 236 at former School 29. This lease agreement was for a two (2) year period commencing March 1, 1994 to February 28, 1996. This office has received a request from Msgr. William G. Stanton of St. Ambrose School to renew said lease for an additional (2) two year period. The lessee has fully satisfied and complied with all provisions and terms of the lease agreement. The renewal will be for the period of March 1, 1996 and end February 28, 1998. The annual rental will be $1.00 a year. I am recommending that Your Honorable Body approve St. Ambrose School's request to renew their lease for an additional two (2) year term, commencing March 1, 1996 and ending February 28, 1998. I am further recommending that the Corporation Counsel prepare the necessary lease renewal and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 8 Lease Renewal Newsstand Broadway and Fillmore Item #118, C.C.P. March 5, 1991 The Comptroller's Office, Division of Real Estate has received a request from Mr. Wayne D. Robins, 4952 East Brook Place, Williamsville, New York 14221 to renew his lease agreement for the newsstand located at the corner of Broadway and Fillmore. The current lease agreement is for the period of March 1, 1991 and ending February 29, 1996. The lease agreement allows for both parties to exercise renewal of the lease for an additional five (5) year period upon the agreement of both parties. The current annual payment is one Thousand Two Hundred Dollars ($1,200) and will increase five percent (5%) per annum upon renewal. The annual payment shall be paid in advance on the first day of March of each renewal year. The lessee has been providing the City with a public liability insurance policy saving the City of Buffalo harmless, in the amount of $1,000,000 combined for bodily injury and property damage, and has kept the same in full force and effect during the term of his lease. Also, the lessee has fully satisfied and complied with all other provisions and terms of the current lease. Therefore, I am recommending that Your Honorable Body approve the lease renewal of the newsstand located at Broadway and Fillmore to Mr. Wayne D. Robins for an additional five (5) year period, to commence on the 1st day of March 1996 and ending on February 29, 2001, upon the same terms and conditions as previously approved by Your Honorable Body. I am further recommending that the Corporation Counsel prepare the necessary lease renewal and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 9 Disposition of Vintage Computer Hardware. The Comptroller's office, function of Data Processing, request the approval of your Honorable Body for permission to dispose of Outdated Computer Terminals and Personal Computers thru trash and resale. Approximately one-hundred Dumb Terminals, Personal Computers and Printers will be disposed of as trash. There is no market for these Dumb Terminals as their past use was solely as a direct connection to a Bull Mainframe. The Personal Computers and Word-Processing Printers are at least ten years old and are not usable and are presently in scrap storage. Within the next three months, Data Processing will be replacing outdated Personal Computers (286) machines, we request authorization to sell these Machines to City employees for a fair market price we estimate as $100.00. per Personal Computer. Approximately twenty of these computers will become available. The Personal Computers will be sold as is, with no maintenance or guarantee. The Data Processing Department has received at least three offers as of the date of this request. Previously (September 1993), your Honorable Body approved a similar request. Your approval of this plan is respectfully requested. REFERRED TO THE COMMITTEE ON FINANCE. No. 10 Result of Negotiations 59 Hamilton, 50.50' E Dearborn Vacant Lot: 32' x 33' Assessed Valuation: $2,500 The Comptroller's Office, Division of Real Estate, has received a request from Mr. Allen D. Swiderski, President of Stanley's Way, Inc., 1587 Bronson Road, Grand Island, New York 14072 to purchase the above captioned property. Stanley's Way, Inc. has purchased and rehabilitated the property located at 61-69 Hamilton. They would like to purchase 59 Hamilton for extra yard space. The Department of Community Development, Neighborhoods Housing Inspections and the Division of Collections have been contacted and they have no objections to the sale. There are no outstanding taxes or liens owed to the City of Buffalo or code violations against the purchaser. An independent appraisal of the property which was conducted by Mr. Paul H. Wolf, Jr., Appraiser, Wolf Appraisal Service, Inc., has estimated the fair market value of the property to be Five Hundred Dollars ($500.00). This represents approximately Forty-Seven Cents (.47) a square foot for the subject property. The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range from Seventeen Cents (.17) per square foot to Fifty-Four Cents (.54) per square foot. The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Stanley's Way, Inc. has agreed and is prepared to pay Five Hundred Dollars ($500.00) for the subject property. They have also agreed to pay for the cost of the appraisal, recording fees, transfer tax and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 59 Hamilton to Stanley's Way, Inc. in the amount of Five Hundred Dollars ($500.00). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 11 Certificate of Necessity Increased Appropriation City Revenue Department of Police We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in $182,000 the sum of in the estimates for the fiscal year beginning July 1, 1995 is necessary in Appropriation Allotments - Department of Police, 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 $182,000 in the General Fund City Revenue account 10020-0-402-62032 Deposit of Unclaimed Property not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Dated: Buffalo, NY, February 23, 1996 RECEIVED AND FILED. No. 12 Certificate of Appointment Appointment Effective February 26, 1996 in the Department of Audit and Control Division of Data Processing, Michele Szymanski, 23 Wex Avenue, Buffalo 14211, to the Position of Senior Data Processing Equipment Operator, Permanent, at the Intermediate Starting Salary of $27,392. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 13 Bond Cancellation; 1556 Hertel Avenue It is hereby certified that the bond described below be canceled: Principal: 1556 Hertel Avenue D/B/A Sunshines Supermarket Surety: Aetna Casualty and Surety Company Amount; $5,000.00 Structure: Fence Location: 1556 Hertel Avenue This bond is no longer necessary due to the fact the encroachment has been removed from City right-of-way. The above captioned bond should be deemed released and canceled as to future liability in accordance with the provisions of the City Ordinances. RECEIVED AND FILED. No. 14 Bond Cancellation; 517 Washington Street It is hereby certified that the bond described below be canceled: Principal: Raymond D. Sonibrotto D/B/A R & J's Other Place Surety: Peerless Insurance Co. Amount: $5,000.00 Structure: Sidewalk Vault Location: 517 Washington Street This bond is no longer necessary due to the fact a certificate of insurance has been provided in lieu of bond. The above captioned bond should be deemed released and canceled as to future liability in accordance with the provisions of the City Ordinances. RECEIVED AND FILED. No. 15 Extend Time of Contract City Contract No. 91805800 New Watermains - Crossroads Area In accordance with the terms of the contract between the City of Buffalo and Visone Construction, Inc. , City Contract No. 91805800, New Watermains Crossroads Area, the work called for in this contract was scheduled to be completed by February 23, 1996. The contractor has requested a forty (40) day extension of this contract due to the additional work for the installation of the 10, watermain on Perry Street from Washington Street to Main Street. Accordingly, I have granted an extension of time in the contract with Visone Construction. The new completion date for this contract is April 3, 1996. RECEIVED AND FILED. No. 16 Time Extension Vehicle Storage Building 1120 Seneca Street Midland Empire Constructors,Inc. Contract No. 9183710C Item No. 45; C.C.P. 05/16/95 This is to advise Your Honorable Body that I have granted a time extension to Midland Empire Constructors, Inc. for the completion of the general construction phase of the above captioned contract. The time of completion has been extended by forty-five (45) calendar days. This is the first time an extension has been granted for this project. The reason for the time extension is the unsuitable weather conditions encountered by the contractor. This time extension will not increase the overall cost of the project. The new completion date fox this phase of the project is May 2, 1996. RECEIVED AND FILED. No. 17 Notification Serial #8621 Install Stop Signs (All-Way) in West Delavan Avenue at Hoyt Street STOP SIGNS (ALL-WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section II of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING W. Delavan Avenue Hoyt Street Notification Serial #8622 Repeal of Permissive Parking on Delaware Avenue, east side between Church Street and West Eagle Street PERMISSIVE 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 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING PERIOD OF PERMISSIVE LOCATION PARKING - DAILY Delaware Avenue, 2 hour parking east side 10:00 a.m. to 4:00 p.m. between Church Street and West Eagle Street This action is being taken at the request of Vincent E. Doyle, Administrative Judge in the 8th Judicial District, in order to provide dedicated on-street parking for Supreme, County, and Family Court Judges. This action shall provide 13 to 15 of the requested 25 parking spaces. (See next 3 serials) Notification Serial #8623 Parking Meters - Repeal Delaware Avenue, east side between Church Street and West Eagle Street PARKING METERS - 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 3 Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PARKING METERS HIGHWAY LOCATION PORTION OF HIGHWAY Delaware Avenue, between Church Street east side and West Eagle Street. This action is being taken at the request of Vincent E. Doyle, Administrative Judge in the 8th Judicial District, in order to provide dedicated on-street parking for Supreme, County, and Family Court Judges. This action shall provide 13 to 15 of the requested 25 parking spaces. (See previous serial and next 2 serials) Notification Serial #8624 No Standing - Repeal Delaware Avenue, east side between Church Street and West Eagle Street NO STANDING -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 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION PROHIBITED PERIOD - DAILY OF HIGHWAY Delaware Avenue, 7:00 a.m. to 10:00 a.m. east side and between Church Street 4:00 p.m. to 6:00 p.m. and West Eagle Street This action is being taken at the request of Vincent E. Doyle, Administrative Judge in the 8th Judicial District, in order to provide dedicated on-street parking for Supreme, County, and Family Court Judges. This action shall provide 13 to 15 of the requested 25 parking spaces. (See previous 2 serials and next serial) Notification Serial #8625 Install No Parking Delaware Avenue, east side between Church Street and West Eagle 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION PROHIBITED OF HIGHWAY PERIOD Delaware Avenue, At all times east side except official Office of between Church Street Court Administration and West Eagle Street vehicles (excluding existing No Parking and No Standing zones) This action is being taken at the request of Vincent E. Doyle, Administrative Judge in the 8th Judicial District, in order to provide dedicated on-street parking for Supreme, County, and Family Court Judges. This action shall provide 13 to 15 of the requested 25 parking spaces. (See previous 3 serials) Notification Serial #8626 No Standing - Repeal on W. Chippewa Street, south side from Washington Street to Main Street (Police Emergency) NO STANDING - 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 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION PROHIBITED PERIOD - DAILY OF HIGHWAY W. Chippewa Street, 7:00 a.m. to 9:00 a.m. south side and from Washington Street 4:00 p.m. to 6:00 p.m. to Main Street except Saturday and Sunday This action was necessary to provide for the safe and efficient movement of vehicles and pedestrians along Chippewa Street. Notification Serial #8627 No Standing - Install on W. Chippewa Street, south side from Washington Street to Main Street (Police Emergency) NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION PROHIBITED PERIOD - DAILY OF HIGHWAY W. Chippewa Street, 4:00 p. m. to 6:00 p.m. southside except Saturday and Sunday from Washington Street to Main Street This action was necessary to provide for the safe and efficient movement of vehicles and pedestrians along Chippewa Street. Notification Serial #8628 No Standing - Install on W. Chippewa Street, north side from South Elmwood Avenue to Main Street (Police Emergency) NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION PROHIBITED PERIOD - DAILY OF HIGHWAY W. Chippewa Street, 7:00 a.m. to 9:00 a.m. north side except Saturday and Sunday from South Elmwood Avenue to Main Street (excluding existing No Parking and No Standing areas) This action was necessary to provide for the safe and efficient movement of vehicles and pedestrians along Chippewa Street, Notification Serial #8629 No Standing - Install on E. Chippewa Street, north side from Main Street to Ellicott Street NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following.- NO STANDING PROHIBITED PORTION PROHIBITED PERIOD - DAILY OF HIGHWAY E. Chippewa Street, 7:00 a.m. to 9:00 a.m. north side except Saturday and Sunday from Main Street to Ellicott Street (excluding existing No Parking and No Standing areas) This action was necessary to provide for the safe and efficient movement of vehicles and pedestrians along Chippewa Street. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ADMINISTRATION & FINANCE. No. 18 Information- Engage Consultant Historical Society Item No. 42, CCP 02/20/96 In response to questions asked at the Finance Committee Meeting of February 29, 1996, please be advised of the following- - The work is estimated to cost $348,000. Of this, approximately $160,000 is for electrical upgrade that will be bid out by the City Architect's Office. The remaining $188,000 is the restoration work to be bid out by a consultant with the permission of Your Honorable Body. We estimate that the consultant's fee will be less than $20,000. - Funds for this work are in- CPF 200-402-020 ($117,662.23) an account set up using the Environmental Quality Bond Act (EQBA) of $250,000 for Kleinhans (through the Division of Planning) and a $250,000 bond account. The $117,662.23 is what is left of this account following the recent roof replacement. CPF 200-402-060 ($220,236.12) from the 1994/95 Capital Budget. CPF 200-402-064 ($11,007.89) left from the 1986/87 Capital Budget. I believe that this answers all questions regarding this request. RECEIVED AND FILED. No. 19 Information-118 E. Utica Bids Item No. 25, CCP 02/06/96 In response to questions asked at the Finance Committee Meeting of February 29, 1996, please be advised of the following-, - Current work underway or recently completed at this facility are the Asbestos Abatement ($19,346.00 approved by Your Honorable Body in CCP 11/14/95: item #30 - work complete) and Emergency Heating Work ($186,282.00 approved by Your Honorable Body in CCP 12/26/95; item #107 - work underway). The roof was replaced in 1990 ($40,963.00), new exterior doors and windows were installed in 1993 ($86,498.00) and the facade was restored in 1993/94 ($82,520.00). - The bids before Your Honorable Body are for the Reconstruction of the First Floor to house the "Friends to the Elderly, Inc." and provide handicapped access to the facility through a new entrance at the rear of the building. Plans and specifications for this work were dropped off in Councilmember Brown's office during a meeting on this project on January 31, 1996. This work will use up all of the existing bond funds. - $600,000.00 has been requested by the Department of Public Works in the 1996/97 Capital Budget to complete the basement and second floor of this facility. I believe that this answers all questions regarding this report of bids. RECEIVED AND FILED. No. 20 Report of Bids City Court Building ADA Compliance Project Heating & Ventilation Work I advertised for on February 14, 1996 and received the following sealed proposals which were publicly opened and read on February 23, 1996. Carino Plumbing $ 6,888.00 Vastola Heating $12,000.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Carino Plumbing, in the amount of Six Thousand Eight Hundred Eighty Eight and 00/100 Dollars ($6,888.00) 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 200-402-029 - Division of Buildings. Estimate for this work was $10,000.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated February 26, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the City Court Building ADA Compliance Project, Heating & Ventilation Work, to Carino Plumbing in the amount of $6,888.00, the lowest responsible bidder. Funds for this project are available in B/F 200-402-029 Division of Buildings. PASSED. AYES- 13 NOES- 0 No. 21 Report of Bids Perry Street - 48 Inch Waterline Relocation As authorized by your Honorable Body in CCP 60 of July 25, 1995, plans and specifications were prepared and sealed proposals accepted for the Perry Street - 48 Inch Waterline Relocation. I submit the following report of all bids received which were opened in my office at 11:00 a.m. on February 14, 1996. Dorsch Construction Company, Inc. 13268 Dorsch Road Akron, New York 14001 $ 343,000.00 Firstrhyme Construction Corp., Inc. 3517 Genesee Street Buffalo, New York 14225 $ 353,050.00 Kandey Company, Inc. 19 Ransier Drive West Seneca, New York 14224 $ 357,000.00 Socko Contracting, Inc. 2788 Monroe Avenue Niagara Falls, New York 14303 $ 364,977.00 Integrated Waste Special Services, Inc. 201 Ganson Street Buffalo, New York 14203 $ 418,082.66 I certify that the foregoing is a true and correct statement of all bids received and that Dorsch Construction Company, Inc., 13268 Dorsch Road, Akron, New York is the lowest responsible bidder complying with the specifications for Perry Street 48-Inch Waterline Relocation with their bid of $343,000.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Dorsch Construction Company, Inc. for Perry Street 48-Inch Waterline Relocation, the cost thereof to be charged to the Division of Water's 416-982-505-00-000 account in the amount of $343,000.00 plus 10% for approved unit prices for a total encumbrance of $377,300.00. The Engineer's estimate for this work was $380,000.00. REFERRED TO THE COMMITTEE ON FINANCE. No. 22 Bids- Construction of Northeast Buffalo Parkway East Delavan to Warwick-Consultant Hiring, Funding and Agreements I hereby request Your Honorable Body's permission to engage the services of consultant engineers to prepare plans specifications, and receive bids for the following project: Northeast Buffalo Parkway - East Delavan to Warwick Funds for this project will he available through an I.A.P. grant from the New York State Department of Transportation for $3.5 million. We are also asking that Your Honorable Body authorize the Mayor, on behalf of the City of Buffalo, to accept the I.A.P. grant fund, enter in all agreements with the New York State Department of Transportation, and also authorize the Comptroller to provide an interfund loan to the Department of Public Works for $3.5 million for design and construction. Mrs. LoTempio moved: That the communication from the Department of Public Works dated March 1, 1996 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage the services of consultant engineers to prepare plans and specifications, and receive bids for the Northeast Buffalo Parkway - East Delavan to Warwick. That the Mayor be, and he hereby is authorized to accept the I.A.P. grant fund, and enter into all agreements with the N.Y. S. Department of Transportation; and that the Comptroller proved an interfund loan to the Department of Public Works for $3.5 million for design and construction of this project. PASSED. AYES- 13 NOES- 0 No. 23 Report of Bids Marine Midland Arena Phase II - Group No. 365 Scott Street - Washington to Michigan Avenue Perry Street - Michigan Avenue to Louisiana Street Item No. 45; C.C.P. 05/16/95 This is to advise Your Honorable Body that I have advertised and received bids on February 28, 1996 for the Marine Midland Arena, Phase IT, Group No. 365. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: DiPizio Construction Co., Inc. $1,501,640.80 (low) Destro Brothers Concrete Co., Inc. $1,516,659.50 Cemulini-Pecoraro Construction $1,685,111.00* * Corrected Total I hereby certify that the lowest responsible bidder for the above project is DiPizio Construction Company, Inc., and I respectfully recommend that Your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund No. 200-401-028 in the base bid of $1,501,640.80, plus approved unit prices for an additional $150,164.08 and Buffalo Sewer Authority Construction Fund No. 020-991-001-74-701, in the base bid of $57,447.00 plus approved unit prices for an additional $5,744.70. $1,651,804.88 Total Dept. of Public Works, Div. of Engineering $ 63,191.70 Total BSA (To Be Vouchered Separately) $1,714,996.58 Total Encumbrance The engineer's estimate for this work is $1,941,519.00 The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by April 8, 1996. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated February 29, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Marine Midland Arena Phase It - Group No. 365 - Scott Street Washington to Michigan Avenue, Perry Street - Michigan Avenue Perry Street - Michigan Avenue to Louisiana Street, to DiPizio Construction Co., Inc., the lowest responsible bidder to be charged to the Capital Projects Fund No. 200-401-028 in the base bid of $1,501,640.88, plus approved unit prices for an additional $150,164.08 and Buffalo Sewer Authority Construction Fund No. 020-991-001-74-701, in the base bid of $57,477.00 plus approved unit prices for an additional $5,744.70 and for a total encumbrance in the amount of $1,714,996.58. PASSED. AYES- 13 NOES- 0 No. 24 Report of Bids Expansion of Police Pct. 13 I advertised for on January 30, 1996 and received the following sealed proposals which were publicly opened and read on February 27, 1996. General Construction Work C. Nichter, Inc. $1,490,000.00 Concept Const. Corp. $1,532,000.00 Kirst Constr. Inc. $1,535,400.00 Allstate Development Inc. $1,543,000.00 Nichter Construction $1,566,000.00 C. H. Byron Co., Inc. $1,580,000.00 B. R. D., Inc. $1,589,000.00 New Era Const. Inc. $1,598,999.00 Clarence Associates $1,620,620.00 Gerald T. Stay, Inc. $1,668,000.00 Hadala Corp. $1,722,000.00 Wilsandra Const. Co. Inc. $1,784,000.00 Fountain Const. Co., Inc. $2,090,000.00 Estimate for the General Construction work was $1,242,380.00 Plumbing Work H & M Plumbing $136,876.00 A. Garaleck & Sons, Inc. $137,000.00 Elmwood Plumbing Inc. $138,400.00 Joseph Carino $142,349.00 Ackerman & Huebsch, Inc. $144,444.00 J. D. Plumbing $144,800.00 NuMarco, Inc. $147,800.00 Geo. H. Sander, Inc. $164,983.00 MKS Plumbing Corp. $166,661.00 Sparks Plumbing & Heating $198,945.00 W. C. Roberson $235,000.00 Estimate for the Plumbing work was $111,825.00 Electrical Work Warrens Electric $179,980.00 Grand Island Electric $203,490.00 Goodwin Electric $219,990.00 Frey Electric $224,000.00 Industrial Power & Light $224,750.00 Wittburn Enterprises $224,750.00 CIR Electric Const. Corp. $264,980.00 Tunney Electric, Inc. $240,354.00 Weydman Electric Co. $279,179.00 Estimate for the Electrical work was $184,550.00 HVAC Work Joseph Davis Inc. $247,100.00 Molienberg-Betz Inc. $249,000.00 J. W. Danforth $253,000.00 Buffalo Sheet Metal $269,630.00 W. C. Roberson $350,500.00 Estimate for the HVAC work was $211,500.00. I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction Work - C. Nichter, Inc. in the amount of $1,490,000.00 .Plumbing Work H & M Plumbing in the amount of $136,876.00. Electrical Work Warrens Electric in the amount of $179,980.00. HVAC Work - Joseph Davis, Inc. in the amount of $247,100.00. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work will be in B/F 200-402-013 - Division of Buildings. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated February 27, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Expansion of Police Precinct 13, for General Construction Work to C.Nichter, Inc., in the amount of $1,490,000.00; for Plumbing Work to H & M Plumbing, in the amount of $136,876.00; for Electrical Work to Warrens Electric, in the amount of $179,980.00- for HVAC Work to Joseph Davis, Inc., in the amount of $247,100.00, the lowest responsible bidders. Funds for this project are available in B/F 200-402-013 Division of Buildings. PASSED. AYES- 13 NOES- 0 No. 25 Repair of Watercuts for the Division of Water 1995-1996 This is to advise your Honorable Body that I have advertised and received bids on November 1, 1995 for Repair of Watercuts for the Division of Water 1995-1996. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Unit Price Base Bid Increase M. Passucci, Inc. 4085 Walden Ave. Lancaster, NY 14086 240,450.00* 250,000.00 Thomann & Loewer Asphalt Paving 56 Gunnville Rd. Lancaster, NY 14086 241,650.00 251,200.00 A.B.P.Concrete Const., Inc. 3170 Delaware Ave. Kenmore, NY 14217 244,851.002 54,401.00 Birch Grove Landscaping & Nursery, Inc. P.O.Box 117 East Aurora, NY 14052 257,475.00 267,025.00 Amherst Paving, Inc. 330 Meyer Road Amherst, NY 14226 283,315.00 292,865.00 Villager Construction Inc. 425 Old Macedon Center Rd. Fairport, NY 14450 432,106.50 441,656.50 *Adjusted Amount. Original documents from m. Pasucci, Inc. were incorrectly calculated at $246,450.00. The Engineering staff corrected the figures. The correct total amount being $240,450.00. I hereby certify that the lowest responsible bidder for the above project is M. Passucci, Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to Division of Water's account,, 416-983-017, in an amount of 240,450.00 plus approved unit prices not to exceed an additional amount of $9,550.00 for a total award of $250,000.00. The Engineer's estimate for this work is $250,000.00 The attached is certified to be a true and correct statement of the two lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by December 15, 1995. Individual bid submissions are available in our office for inspection and copies are available upon request. . Mrs. LoTempio moved: That the communication from the Department of Public Works, dated November 9, 1995, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Repair of Watercuts for the Division of Water 1995-1996 to M. Passucci Inc., in the amount of $240,450.00, as corrected by the Engineering staff, plus approved unit prices not to exceed an additional amount of $9,550.00 for a total award of $250,000.00, the lowest responsible bidder. Funds for this project are available in the Division of Water's account, 416-983-017. PASSED. AYES- 13 NOES- 0 No. 26 2001 Main Street; Canisius College Encroachments Mr. Paul W. Myers, Physical Plant Director for Canisius College, located at 2001 Main Street, has requested permission to install conduits within City right-of-way on Eastwood and Glendale Place. The proposed conduits would be installed in order to accommodate telecommunications, data network cabling, and power needs of various existing buildings. The Department of Public Works has reviewed this 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 conduits are installed a minimum of 36 inches below the pavement surface. 3. That the applicant supply the Department of Public Works with a set of "as built" plans showing the location of said conduits. 4. 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 conduits. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated February 28, 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. Paul W. Myers, Physical Plant Director for Canisius College, located at 2001 Main Street, to install conduits which would encroach city right-of-way on Eastwood and Glendale Place, subject to the conditions as more fully described in the above communication. PASSED. AYES- 13 NOES- 0 No. 27 555 Elmwood Avenue; Permanent Encroachment C.C.P. No. 146; 12/13/83 C.C.P. No. 72; 11/29/83 Mr. Richard Naylon of Hetzel-Huntington Associates, owners of Jimmy Mac's Restaurant, located at 555 Elmwood Avenue, has requested permission to permanently encroach city right-of-way with an existing glass and steel enclosed cafe at said address. The existing enclosed cafe was constructed after receiving permission to install removable glass doors from Your Honorable Body (C.C.P. No. 146 of December 13, 1983). Because the enclosure is permanent in nature as opposed to removable, as defined in the original application to install (C.C.P. No. 72 of November 29, 1983), the pending application seeks permission for a permanent encroachment. The Department of Public Works has reviewed this 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 enclosed cafe provided the following conditions are met: 1. That the applicant has obtained any and all other City of Buffalo permits necessary for said installation. 2. That the addition was installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the addition does not exceed sixty feet in length or project more than twelve feet from the building face into City right-of-way. 4. That the applicant be responsible for relocation of any underground utilities effected by the installation of said addition. 5. In the event that the Commissioner of Public Works determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, the Commissioner of Public Works may order the immediate removal of said encroachment as described in Chapter 413-67 (E) of the City Ordinances. 6. That, because the addition will remain within City right-of-way the entire year, as opposed to a seasonal cafe, the applicant be assessed an annual fee of five dollars ($5.00) per square foot of city right-of-way occupied by the encroachment as described in Chapter 413-67 (G) of the City ordinances. 7. That the applicant supply the City of Buffalo with a ten thousand dollar ($10,000.00) construction in street bond and 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 addition to restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 28 Request Ordinance Amendment Chapter 479 - Traffic Ordinances Whereas, Fuhrmann Boulevard within the City of Buffalo had contained a 40 mph posted speed limit-, and Whereas, Fuhrmann Boulevard within the City of Buffalo was posted with a 30 mph speed limit by Police Emergency on June 1, 1989, and Whereas, this 30 mph speed limit is still posted and has proven to be a safe, efficient limit for this area; and Whereas, the Traffic Ordinances of the City of Buffalo (Chapter 479) have never been properly updated to reflect this change; I, therefore, would request Your Honorable Body's approval of the following amendments to the Traffic Ordinance of the City of Buffalo, Chapter 479: 1) That Subsection 3a of Section 14 of Article 1, Chapter 479 of the Code of the City of Buffalo be amended to read as follows-. Section 14. Speed regulations (3) Maximum speed limits 15, 30, 35 & 40 MPH (a) Thirty (30) miles per hour is hereby established as the maximum speed limit at which vehicles may proceed on or along streets or highways within this City except on streets or highways as follows: 1. .Delaware Avenue between West Delavan Avenue and Amherst Street. 2. Elmwood Avenue between Hertel Avenue and Hinman Avenue. 3. Tifft Street between Fuhrmann Boulevard and Hopkins Street. 4. Broadway between Bailey Avenue East City Line. [5. Fuhrmann Boulevard between Tifft Street and the South City Line] [6. Fuhrmann Boulevard, west service drive, between Tifft Street and South Michigan Avenue] [7. Fuhrmann Boulevard, east service drive, between west service drive and South Michigan Avenue] [8. Fuhrmann Boulevard, east service drive, between Old Tifft Street and Ohio Street] 5. Main Street between Kenmore Avenue and the East City Line 6, East Meadow Drive between Meadow Plaza and Colvin Avenue extension 7. North Meadow Drive between Colvin Avenue extension and South Meadow Drive 8. Agassiz Circle entrance to Delaware Park between Meadow Plaza and Parkside Avenue 9. Jewett Parkway extension between East Meadow Drive and Parkside Avenue 10. Colvin Avenue extension between East Meadow Drive, North Meadow Drive and Amherst Street 11. Meadow Road extension between North Meadow Drive and Nottingham Terrace 12. South Meadow Drive between North Meadow Drive and Meadow Plaza 13. Cazenovia Parkway between Abbott Road and Cazenovia Street 14. Cazenovia Parkway entrance between Cazenovia Parkway and Seneca Street 15. King Park, north drive, south drive and west drive 16. King Park entrance between King Park, north drive and Northampton Street 17. King Park entrance between King Park, west drive/south drive and Best Street/West Parade Avenue 18. AMVETS Drive between D.A.R. Drive and Porter Avenue 19. D.A.R. Drive between AMVETS Drive and Porter Avenue 20. Hotaling Drive between Niagara Street and Tonawanda Street 21. South Park, north drive, south drive, east drive and west drive 22. McKinley Parkway extension between South Park, east drive and South Park Avenue 23. Hopkins Street extension between South Park, north drive and Hopkins Street 24. The Front Park drive between Porter Avenue and the northwest end 25. Grover Cleveland Park drive between Main Street and the south end NOTE: Matter in brackets [] to be deleted; matter underlined is new. II) That Subsection 3c of Section 14 of Article 1, Chapter 479 of the Code of the City of Buffalo be amended to read as follows: (3) Forty (40) miles per hour is hereby established as the maximum speed limit at which vehicles may proceed within this City on or along streets or highways as follows: 1. Elmwood Avenue between Hertel Avenue and Hinman Avenue 2. Broadway between Bailey Avenue and East City Line 3 . Tifft Street between Fuhrmann Boulevard and Hopkins Street. [4. Fuhrmann Boulevard between Tifft Street and the South City Line] [5. Fuhrmann Boulevard, west service drive, between Tifft Street and South Michigan Avenue] [6. Fuhrmann Boulevard, east service drive, between Old Tifft Street and Ohio Street] [7. Fuhrmann Boulevard, east service drive, between West Service Drive and South Michigan Avenue] NOTE: Matter in brackets [] to be deleted. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated February 27, 1996, be received and filed; and That the City Engineer be, and he hereby is, authorized to amend Chapter 479 - Traffic Ordinances, as more fully described in the above communication. PASSED. AYES- 13 NOES- 0 No. 29 Ordinance Amendment Chapter 441 -Telephone Facilities C.C.P. No. 225; 02/20/96 The Department of Public Works has reviewed the proposed amendments to Chapter 441 - Telephone Facilities and offers the following insight: 1. Section 441-2 (1) Licenses; Conditions This section was amended and approved December 26, 1995, C.C.P. No. 136. The addition to this section reads, in part, that "or until the telephone is ordered removed, or is not compliance with the special features...' This should read "or until the telephone is ordered removed, or is not in compliance with the special features...- 2. Chapter 175. Fees or 441-2 This section states that any telephone facility affixed to a private building or installed within eighteen (18) inches of a private building be charged an annual license fee of $31.25 as opposed to $131.25. The Department of Public Works has no objection to this amendment provided that any and all other conditions still apply, including sharing of revenues which is collected by the Department of Public Works, Division of Buildings. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 30 Re-establishing Local Building Codes Revert to City Building and Fire Code Item No. 227, C.C.P. 2/20/96 Item No. 203, C.C.P. 2/20/96 The above items were referred to this department for our opinion on reestablishing local building codes for the City of Buffalo. This department agrees that the New York State Building Codes that we are now enforcing are more stringent than the previous City of Buffalo Code. This is not necessarily bad for the City, but we must however recapture the ability to waive portions of the code without the cumbersome process required by the State. I would suggest that we find a way to adopt the State's Code as a Local Code, along with a simple process that allows the Commissioner of Neighborhoods, Housing & Inspections to waive any portion of the code without approval of the State being needed. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 31 Certificate of Appointment Appointment Effective February 27, 1996 in the Department of Public Works, Division of Buildings, Karen P. Harding, 169 Garner Avenue, Buffalo 14213, to the Position of Account Clerk, Permanent, at the Intermediate Starting Salary of $21,732. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 32 Checks Received Item No. 104, C.C.P. 2/2/88 Per C.C.P., No. 104 of February 2, 1988, hereto, please find copies of the following checks: 2038 15604021 $25,809.47 Total Deposit $25,809.47 The above referenced property has been administratively forfeited by the Drug Enforcement Administration. (DEA). These checks were received by this Department and duly deposited in the Trust & Agency Account, 610-200-217-00-300. RECEIVED AND FILED. No. 33 Circumstances of Refuse Collector's Death Item No. 201, CCP, 2/20/96 This is in response to your inquiry regarding the status of the investigation conducted into the accident involving Robert Gary. The Accident Investigation Unit of the Buffalo Police Department conducted an investigation into the accident. Written statements were taken from the driver, Joseph Szafranski, the other worker on the truck, Gregory Nelson and James C. Ballard, an eyewitness. Another potential witness, James Williams came out of a nearby store shortly after the accident. Mr. Williams was interviewed but a statement was not obtained from this witness due to the fact that he did not actually see the accident. The investigating officer also conducted a visual inspection of the telephone pole, the accident scene and the garbage truck. No new visible damage to the pole or vehicle was observed. Photographs were taken of the scene and the vehicle. The investigating officer directed Commissioner LoVallo to have a complete safety check done on the vehicle as soon as possible. The investigation of the accident by the Police Department has been concluded. Based upon the accidental nature of this traffic accident, no charges were placed or are being considered against the operator of the City vehicle. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 34 Expanding Police Protection Item No. 172 ,CCP 1/23/96 The County has had $180,000 in a fund to be used for police protection/crime prevention in Buffalo since 1994. The City-County Crime Task Force was tasked with the responsibility of making recommendations for expending this money. Numerous ideas have been discussed by the Committee and some money has been used. The Sheriff and Legislator Holt proposed a joint operation involving Buffalo officers and Erie County Sheriff's deputies. I requested that the funds be spent between the Sheriff's Department and BPD, however I was open to all proposals that would assist this department. The most logical solution to the problem is for Erie County to treat us in the same manner that they provide direct funding for law enforcement to other local governments. Discussion is still ongoing concerning city-county law enforcement operations. REFERRED TO THE SPECIAL COMMITTEE ON GOVERNMENT RELATIONS. FROM THE COMMISSIONER OF FIRE No. 59 Establish New Housing Policy (Com 150, CCP 12/26/95) This communication is in response to the Council's request for comment on a new housing policy. The following guidelines outline this department's procedure in developing and implementing new housing activity: 1. Prior to individual development start up the following steps must take place: * Lot (scattered site and/or subdivision) identification * Determine Councilmember Jurisdiction * Determine Community-Based Organization Jurisdiction * Identify Builder (if not previously identified) * Begin consultation process with above interested parties * Review Site Location(s) * Establish Design Review Process * Establish Community Review Process 2. Formal communication from interested parties Letters of support from area Councilmember & area CBO Builder letter committing to the proposed development 3. BURA designation of development 4. Common Council designation of development 5. Notice to Proceed to 6. Development build-out 7. Development close-out 8. Qualifiers: Home Owner Single Family Construction (1-4 units) loan/grant program targeted to specific neighborhoods and income levels. 70% Low-mod income, 30% Middle income (Slums/Blight); 80% of funds are targeted to specific streets - remaining 20% is allocated City Wide. Target Neighborhoods are distributed throughout all nine Council Districts and include portions of 34 planning neighborhoods: North Park, Parkside, Delaware W. Ferry, Masten Park, Kingsley, Medical Park/Fruitbelt, Johnson, Emslie, Willert Park, Perry, South Ellicott, Columbus, Lakeview Lower West Side, Broadway Fillmore, Emerson, Babcock, First Ward, Schiller Park, Genesee Moselle, Leroy, Grider, Hamlin Park, Cold Spring, Front Park, Allen, Bryant, Grant Perry, Forest, Military, Black Rock, Tifft, Triangle, South Park, Lasalle, Kenfield, and Kensington. Census Tract(s): 49, 52.01, 64, 65.02, 32.02, 31, 26, 25.02, 14.02, 15, 12, 13.02, 71.02, 71.01, 27.02, 27.01, 16, 28, 17, 12, 37, 38, 30, 36, 40.01, 39.02, 36, 52.01, 52.02, 32.01, 32.02, 70, 68, 67.01, 66.01, 69, 61, 65.01, 63.01, 56, 55, 59, 57.3, 1, 2, 46.01, 47, 42, 44.01, 44.02, 41 To address concerns relative to the price of houses, the quality of workmanship, the types of materials used and whether these new housing units will be durable over the long term, the Department of NHI requires the following documentation from new housing builders prior to the developer being selected to participate in the program: * Architectural/Engineering plans which require a professional stamp. This requirement is to ensure, through a professional license, that the design of a new home will be structurally sound and durable over the long-term. * A list of all building materials and prices (construction cost line items) is required and reviewed by the Division of Neighborhoods. * Plans submitted to the Division of Housing & Inspections for review of state code requirements prior to the issuance of building permits. Construction is monitored by building inspectors through the permit process. The Division of Neighborhoods also monitors for workmanship and materials used. Our goal is to build affordable housing using industry standards for materials and durability. The new homes built in Buffalo are comparable in quality with most homes built in the suburbs. The major difference in cost between city and suburban new builts are the size and costs of lots and the square footage of the homes. Homes built in the city are usually smaller in square footage for the purpose of keep the price of the home affordable for the specific income segment of the market for which the homes are built. The City continues to offer assistance to both low and moderate income households. By offering incentives across the economic spectrum, the City supports neighborhood revitalization and stabilization efforts which bring families from a variety of circumstances into revitalizing areas. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 60 City Employee/Relative Applying For a Rehabilitation Loan or Subsidy. For your information, please be advised that the following is a list of City employees or relatives of City employees who have received a rehabilitation loan or emergency subsidy. APPLICANT/RELATED TO WHOM AND WHERE EMPLOYED: Marvell & Iris Kirkwood 70 Manhattan Street Buffalo N.Y. Brother, Lee Kirkwood, is a City of Buffalo Firefighter. Peter & Ida Balbuzoski 79 Roanoke Pkwy Buffalo N.Y. Cousin, Richard Balbuzoski is employed by the City of Buffalo, position not stated. Luz Morales 70 Fargo Avenue Buffalo N.Y. Daughter, Julia Morales, is a Teacher's Aide in the Board of Education. Son-in-Law, Benjamin Crespo, is a Police Officer. Lorraine Maldonado 176 Amber Street Buffalo N.Y. Son-in-Law, Thomas Huthmacher, is a Machine Operator for the Div. of Water. Marie Boyd 247 Riley Street Buffalo N.Y. Marie Boyd is employed by the Board of Education as a Teacher's Aide.. Juanita Birdsong 128 Marigold Avenue Buffalo N.Y. Juanita Birdsong is employed as a Teacher's Aide for the Buffalo Bd. of Education. Son, Maurice Birdsong is employed by the Buffalo Fire Dept. - Position not stated. Helen Kessler 289 Parkdale Avenue Buffalo N.Y. Helen Kessler is employed by the Board of Education as a Cafeteria Aide. Jennie DiNatale 422 Normal Avenue Buffalo New York Niece, Sarah DiNatale is employed by the Bd. of Education (position not stated). Victoria Armstrong 207 Dearborn Street Buffalo New York 14207 Father, John Armstrong, is employed by City of Buffalo Streets Dept Signal Div. Louise Howard 362 Emslie Street Buffalo New York Son, Thaddeus Howard, is employed by the Board of Education - position not stated. Anne Armento 676 Richmond Avenue Buffalo New York Cousin, Peter Cefalu, is employed by the City of Buffalo, Sewer Authority. Bernice Wojcik 33 Hamilton Street Buffalo New York 14207 Son, James Wojcik, is employed by the City of Buffalo, Dept./position not stated. Celia Frisicaro 52 Alden Buffalo New York Son-in-law, Frank Nienza, is employed by the City of Bflo. Dept. of Police. Lorraine Mascia 109 Greenwood Place Buffalo N.Y. Brother, Larry Michaelski is employed by the City as an Electrical Inspector. Alberia Hill 21 Lark Street Buffalo New York Son-in-Law, Johnny Walker, is employed by the Police Department. Niece, Chiquita Foster, also is employed by the Police Department. Anna Quiros 162 Fargo Avenue Buffalo New York Anna Quiros is employed by the Board of Education as a Teacher's Aide. Marcella Overton 426 Lisbon Avenue Buffalo New York 14215 Cousin, Ernestine Hill is employed by the Board of Education. She is a School Principal. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 61 Increase Minimum Cost of Work Requiring Permits Item No. 168, C.C.P. 2/6/96 In response to the above stated Common Council Communication, I would like to supply your Honorable Body with the following information. Currently the Building Permit fee schedule starts when work perform exceeds the amount of Five hundred dollars. Previously, this amount was One Hundred and Fifty Dollars. The costs of materials and repairs continues to escalate, but we feel that the raising of this threshold to One Thousand Five Hundred Dollars will allow the operation of unscrupulous contractors and may cause homeowners problems by their making repairs that are beyond their area of expertise. For these reasons the Department of Neighborhoods Housing and Inspections, Division of Housing and Inspections believes that the minimum dollar amount of work to be performed should be raised to a Seven Hundred and Fifty Dollar minimum. I trust that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 62 BNRC Budget, etc. 1995-96 (Com 52, Oct 3, 1995) The Buffalo Neighborhood Revitalization Corporation (BNRC) is a New York State Local Development Corporation organized under the auspices of the City of Buffalo. The corporate purposes include encouraging reinvestment in the community, maintaining neighborhood investment stability and assisting and implementing housing rehabilitation. There are fifty members of the not-for-profit corporation, eleven of which serve on the Board of Directors. The corporation was restructured to include expanded citizen participation. Its membership now reflects the diverse constituencies of the City of Buffalo. It represents a cross-section of interests, i.e. community, business and education. Attached is the mission statement of BNRC developed by the Board of Directors (Attachment A) together with the BNRC list of members and directors (Attachment B). The Committee on Community Development requested a description of NHI functions and positions that have been taken over by BNRC. BNRC employees supplement the activity of the Department of NHI. No functions have been taken over or are expected to be taken over. Direct home ownership support activities are not considered to be eligible under the CDBG regulations unless they are provided through a Community Based Development Organization (CBDO) (CFR 570.202). The City of Buffalo has used the Buffalo Neighborhood Revitalization Corporation (BNRC) as the CBDO which administers the new housing and down payment and closing cost assistance programs since the development of the earliest projects in 1986. Over $32 million in federal and state funds have been expended through BNRC to develop over 1300 new homes in the City of Buffalo. This strategy allows the City, in partnership with BNRC, to continue to offer assistance to both low and moderate income households, and in more limited amounts, to middle and higher income households. By offering incentives across the economic spectrum, the City supports neighborhood revitalization and stabilization efforts which bring families from a variety of circumstances into revitalizing areas. This activity is considered to be eligible under the provisions of CFR 570.204(a) (1). BNRC and the Department of NHI staff work in partnership to develop and implement the new housing program. The Department of NHI, together with BNRC, the NHS's and the Community-Based Organizations develop and implement the rehabilitation loan and grant program. Application intake responsibilities remain with the CBO'S. The Department of NHI processes the application and loan documents, prepares the rehabilitation specifications and monitors the construction activity. BNRC services the loan portfolio and undertakes collection activities, if required. The revised budget approved by the BNRC Board of Directors on January 16, 1996 and approved by BURA on February 22, 1996 is provided herein as Attachment C. The Personal Services budget line provides for professional services of consultant Thomas DeMartino to the corporation. Mr. DeMartino provides legal services and administrative guidance relative to the development of operational policies and procedures. Funds are also set aside to provide outside legal services relative to current litigation pending. Other professional fees are required for accounting, audit and computer services provided to BNRC. Advertising lines within the BNRC budget are dedicated to promoting rehabilitation loan, CPR and new housing programs. These funds cover the cost of promotional materials, printing and other media costs associated with the programs. CBO Training expenses have been included within the Board Meeting/Community and Public Relations budget line. BNRC will use these funds to provide space and material necessary to supplement the Board of Directors Community Relations Committee in providing outreach to CBO's and other neighborhood-based organizations. It is important that BNRC develop an alliance with these organizations. The Community Relations Committee is currently working to build partnerships by initiating dialogue with the CBO,s through the Key Council and other cooperative efforts in the neighborhoods. Space and materials will also be provided to instruct CBO staff members of various housing related agencies and inform them of federal and state funding opportunities available to complement their ongoing activities. Attachment D represents the current list of BNRC employees. Since January of 1994, four positions have been filled. The job descriptions for Director of Development, Residential Rehabilitation Manager of Owned Real Estate, Residential Loan Closing Specialist/Paralegal and Financial Accountant together with advertisements are made a part of Attachment D. The 1994-95 BNRC Annual Report (Attachment B - page 23 excerpt) Future Priorities and Directions focuses on the relationship of BNRC with the community-based organizations. The Department as well as the Board of Directors of BNRC is committed to working with the neighborhoods in partnership for the betterment of the City as a whole. We anxiously await the outcome of the work of the Board's Community Relations Committee and anticipate a positive outcome of their efforts. I would be pleased to report back to the Council on those activities. Attachment F outlines BNRC activity since 1994 including the CPR and Rental Rehab programs. BNRC continues to play a key role in the implementation of projects which have added value and stability to our neighborhoods. BNRC does not function alone. Its relationship with the Department of NHI, the neighborhood based organizations and the private sector is important and critical to the challenge of providing decent, affordable housing in our City. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 63 Request Exemption from Restricted Use Permit Requirement and Waiver of Associated $250 Fee 117 Hamlin Park The Hamlin Park Overlay Review District ordinance 511-68.1 Section D(l) notes that "Any of the uses which are presently permitted under the zoning district regulations of this chapter of the Code of the City of Buffalo or which may be established pursuant to said chapter shall be permitted uses in the Hamlin Park Overlay Review District, but only upon the issuance of a restricted use permit as permitted by Subsection E of this section. The issuance of a permit for improvements, maintenance and repairs in the amount of five thousand dollars ($5,000) or less for properties outside the boundaries of the Canisius College campus proper in conformance with the regulations of the zoning district in which they are located shall be exempt from review... " In addition, Section D(2) indicates that the "following listed uses shall be exempt from the review required in this section: (a) Internal modifications of property where no change of use is required. (b) Any action needed to comply with requirement of the law." Mr. Landen McCall of 117 Hamlin Park has been approved for financial assistance through the Division of Neighborhoods Principal/Deferred Loan Program. Work to be performed includes work necessary to correct code violations cited by the Division of Inspections. Insofar as the work to be completed is "needed to comply with requirement of the law", the Division of Neighborhoods hereby requests that the Council grant an exemption from the restricted use permit and review requirements of the ordinance. The fee associated with the permit and review provision is $250. REFERRED TO THE COMMITTEE ON FINANCE. No. 64 Waive Fee - 27 Kingsley - Board Up Item No. 200, C.C.P. 2/6/96 In response to the above stated Common Council communication wish to supply your Honorable Body with the following information. The Department of Neighborhoods Housing and Inspections, Division of Housing and Inspections, Inspects vacant and open buildings. Once a Building Inspector identifies a building as open a notice of violation is sent to the owner of record and a communication is sent to the Department of Community Development, Division of Clean and Seal. Upon receipt of our request to secure a building the "board up crew" assesses the property both on the interior and exterior. These workers then enter the building to assure that persons and animals are not going to be trapped on the interior of the structure. Only after this process is complete is a building secured. The waiving of the cost of this service is considered a gift of public funds. The Department of Neighborhoods Housing and Inspections has no authority to waive a fee for services rendered. I trust that this response satisfies your inquiry. REFERRED TO THE BUFFALO URBAN RENEWAL AGENCY. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 65 W. Pope - Proposed Employee Income Tax Item No. 17 C. C.P. 2/20/96 The administration has expressed no opinion on Mr. Pope's proposal. In general, we are not supportive of plans such as theses, although we recognize that a significant portion of the salaries paid by the city go to people who live outside the City of Buffalo. We would be pleased to be part of any further discussion or analysis of this proposal. I trust this answers your inquiry. RECEIVED AND FILED. No. 66 Revert to City Bldg & Fire Code Item No. 203 C.C.P. 2/20/96 In general, I would defer to the opinions of the Housing and Public Works departments and to the Corporation Counsel on this item. I would wonder, though, how moving back to a more stringent code would do anything other than to magnify the difficulties being felt by city property owners. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 67 Certificate of Appointment Appointment effective 2/26/96 in the Department of Administration & Finance Division of Treasury, Marilyn Cumming, 64 Rejtan, Buffalo, N.Y. 14206, to the Position of Teller, Permanent, at the intermediate Starting Salary of $24,407.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION No. 68 Certificate of Appointment Appointment effective February 28,1996, in the Department of Human Services, Division of Parks, Mark DuMond, 1974 Delaware, Buffalo 14207, to the Position Motor Equipment Mechanic, Permanent, at the maximum starting salary of $27,486. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CIVIL SERVICE COMMISSION No. 69 Info-Appt. Truck Driver Item No. 41,CCP 2/6/96 The annual salary for the position of Truck Driver is $22,266 - $24,914. The following are increments for this position: Step 1 $22,266 Step 2 22,926 Step 3 23,586 Step 4 24,251 Step 5 24,914 If an employee receives a starting salary above the minimum, provisions of the Collective Bargaining Agreement would govern this rate of pay. It is possible for an employee to receive the maximum salary in accordance with provisions of the Collective Bargaining Agreement. RECEIVED AND FILED. No. 70 Req. Charter Amend. Director of Collections Item #28, CCP 2/20/96 In September, 1995, representatives of the Municipal Civil Service Commission and the Comptroller's Office met with the New York State Civil Service Commission concerning the disapproval of the position of Director of Collections for Exempt Classification. As a result of this meeting, the language in the Charter concerning the duties and powers of the Director of Collections should be changed to satisfy exempt classification. The mere mention in local law that a position is a deputy is not sufficient. Section 41(1)(B) of the Civil Service Law specifies what is necessary for exempt classification. The power to act generally for and in place must be specified in the law for this position. The following Charter language could be used for the Director of Collections: "The Director of Collections is authorized to act generally for and in place of the City Comptroller". With the above change, the Municipal Civil Service Commission can resubmit the Comptroller's request to place the position of Director of Collections in the Exempt Class. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BOARD OF EDUCATION No. 71 Consolidated School City Capital Development Program Attached is a copy of the Consolidated School City Capital Development Program, Budget, Cash Outlay, Bond Sale dated 1/24/96. This plan was approved by the Board at their February 14, 1996 meeting. REFERRED TO THE COMMITTEE ON EDUCATION. FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY No. 72 Request for Information Roofing Project, Holling Homes Item # 58, C.C.P., January 9, 1996 I write in response to the above-referenced Request for Information submitted by Councilmember Coppola on January 9, 1996. I shall endeavor to answer on behalf of the Buffalo Municipal Housing Authority each concern raised in the resolution in the order in which they were presented. Initially, some clarification is required: the specific work scope of this project was the installation of new wood-truss pitched roofs, including the installation of new EPDM roof membrane (e.g., a rubber roof surface). The project became as disruptive as it did to Holling Homes' residents because, in the opinion of this writer, the subcontractor employed by the general contractor did not do a satisfactory job. Severe water damage could have been easily avoided by simply doing a competent job of securing the work site. We believe that the subcontractor did not do so. However, I do not feel that further comment as to opinions of fault is appropriate at this time because the matter will quite possibly end up in litigation. The resolution makes reference to "reports" that a "new roof" is being "replaced by another roof'. This is a misstatement of the situation. What is happening is that the flat roof, which had been leaking, is being replaced, and covered with the above mentioned membrane roof Then, wood trusses are being erected over the flat roof This makes the buildings more aesthetically pleasing, as well as more water-tight. Additionally, I must point out that all of the tenants have been returned to their apartments, and thousands of dollars have been spent on hotel bills, food allowances and the replacement of mattresses, box springs and other items. As to the numbered requests for information, I offer the following: 1. The name of the company awarded the project is Vanstrom-Burr, Incorporated. The unsuccessful bidders for the project were: Allstate Development, Kostas Construction, Gerald T. Stay, C and A General Contractors, Gianadda Construction, Aulson Roofing and Progressive Roofing. 2. Vanstrom-Burr's lump-sum base bid for the project was Four Hundred and Seventy-three Thousand, Five Hundred and Twenty Dollars ($473,520). After several change orders, the approximate final cost of the project stands at Five Hundred and Eighteen Thousand, Five Hundred and Twenty Dollars ($518,520). 3. On the Federal level, this project is being monitored by the United States Department of Housing and Urban Development. On the local level, it is being monitored by the Buffalo Municipal Housing Authority, through its Site Construction Manager, Thomas Caulfield, and the two Supervisors of Construction Modernization underneath him, as well as by the A/E firm overseeing the project, Carmina Silvestri. 4. The official Notice to Proceed was issued for July 25, 1995. The initial estimated completion date was November 1, 1995. This was thought to be a more than ample time period for this project. Unfortunately, almost immediately after commencing work, Vanstrom-Burr's subcontractor, Maroon Home Products, found what it thought was asbestos on the site, and demanded it be tested. The subcontractor indicated that its own tests showed the substance to be asbestos. The Buffalo Municipal Housing Authority had tests done on the substance, and determined it was not asbestos. After a third set of tests determined that the substance found was not asbestos, work continued. It is the Buffalo Municipal Housing Authority's opinion that had Vanstrom-Burr's subcontractor performed its work in a professional and competent manner, no significant disturbances would have occurred. However, frequently the subcontractor left their work site unprotected, failed to secure the area properly, and allowed water damage to occur which need not have occurred. Negotiations between the Buffalo Municipal Housing Authority and the insurance company for Vanstrom-Burr are ongoing, as well as are negotiations between Vanstrom-Burr and the Authority. 5. At no time was the "entire roof removed leaving residents and their furnishings exposed to the elements." 6. A "full audit" of this project is not available at this time, as the contract has not been closed out. Much work remains to be done on site, including the very obvious landscape damage which needs to be repaired. This will not be undertaken by Vanstrom-Burr until the Spring. As soon as the close-out documents are completed, the Buffalo Municipal Housing Authority shall provide the Council with whatever information is requested. I hope that I have been able to answer all of the questions presented. I am available at any time to appear before some or all of the members of the Council and answer any other questions that may exist. I thank you for the opportunity to provide information, and I remain, REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CITY CLERK No. 73 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business NameOwner's Name 2656 Delaware Avenue T. L. Cannon Corp. Matthew Fairbairn Buffalo, N.Y. 14216 RECEIVED AND FILED. No. 74 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: Public Works- Holly McNamara Police- Jill Parisi, Vanessa Rowe Corporation Counsel- Wendy Morcio Street Sanitation- Harvey Jones, David Jaworski RECEIVED AND FILED. No. 75 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: Board of Stadium and Auditorium City Planning Board RECEIVED AND FILED. 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 February 20, 1996 in the Department of Mayor's Office, Division of Youth Opportunity and internship Programs, Mark, Jann, 24 Glendale Place, Buffalo, New York 14208, to the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25. 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 February 20, 1996 in the Department of Assessment, Andre D. Williams, 955 Glenwood Ave., Buffalo NY 14211, to the Position of Clerk Seasonal, at the Flat starting salary of $5.20. DEPARTMENT OF PUBLIC WORKS Appointment Effective February 20, 1996 in the Department of Public Works Division of Water, Shirley Jackson, 298 Riley Street, Buffalo 14208, to the Position of Clerk, Seasonal, at the flat starting salary of $5.20. Appointment Effective February 26, 1996 in the Department of Public Works, Division of Water, Mark T. Hehir 844 Abbott Rd. Buffalo 14220, to the Position of Clerk, Seasonal, at the flat starting salary of $5.20. DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION Appointment Effective February 22, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth, Marc Tuzzalo, 110 Alabama, Buffalo 14204, to the Position of Supervisor, Temporary, at the Flat Starting Salary of $5.20 ph. Appointment Effective February 20, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth, Gary Dixon, 199 Leroy, Buffalo 14214, to the Position of Attendant, Temporary, at the Flat Starting Salary of $4.42 p/h. Appointment Effective February 29, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth, Joseph Ray, 571 McKinley, Buffalo 14220, to the Position of Lifeguard, Temporary, at the Flat Starting Salary of $5.20 p/h. Appointment Effective Feb.20, 1996 in the Department of Human Services, Parks & Recreation, Division of Substance Abuse Services, Jerel Williams,975 East Ferry, Buffalo 14211, to the position of Art Program Aide, Temporary, at the Flat Starting Salary of $10.00 Appointment Effective February 22, 1996 in the Department of Human Services, Parks & Recreation Division of Youth, to the Position of Attendant, Temporary, at the Flat Starting Salary of $4.42 p/h. Roxanne Casey, 143 Hamburg, Buffalo 14204 Thomas Feeney, 174 Alabama, Buffalo 14204 Jacob Frankhauser, 131 Hamburg, Buffalo 14204 Evelyn Golden, 45 O'Connell, Buffalo 14204 No. 78 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF AUDIT & CONTROL Appointment Effective February 26, 1996 in the Department of Audit and Control, Division of Audit, John W. Stanchak, 293 Abbott Road, Buffalo, NY 14220, to the Position of Assistant Auditor, Temporary, at the Minimum Starting salary of $26,230. DEPARTMENT OF PUBLIC WORKS Appointment Effective: March 4, 1996 in the Department of Public Works, Division of Water, D'Ann Dunston, 228 Summer St., Apt. 8, Buffalo 14222 to the Position of Account Clerk-Typist, Temporary, at the Minimum Starting Salary of $21,126. Appointment Effective March 11, 1996 in the Department of Public Works, Division of Water, Jeanette Ruperti, 31 Mariemont Avenue, Buffalo, 14220 to the Position of Account Clerk-Typist, Permanent, at the Minimum Starting Salary of $21,126. Appointment Effective March 4, 1996 in the Department of Public Works, Division of Water, Susan Gaul-Ward, 56 Macamley Street, Buffalo, 14220 to the position of Account Clerk Typist, Permanent, at the Minimum Starting Salary of $ 21,126. DEPARTMENT OF POLICE Appointment Effective February 19, 1996 in the Department of Police Christopher Ranick, 112 Green Forest Court, East Amherst, New York 1405 to the Position of Captain, Permanent, at the Flat Starting Salary of $55,349. Appointment Effective February 19, 1996 in the Department of Police James J. McCann, 17 Hollywood Avenue, Buffalo, New York 14220, to the position of Contingent captain, Contingent Permanent, at the Flat Starting Salary of $55,349. Appointment Effective February 19, 1996 in the Department of Police Sheila Wiles, 931 Rice Road, Elma, New York 14059, to the position of Lieutenant Permanent, at the Flat Starting Salary of $48,310. Appointment Effective February 19, 1996 in the Department of Police Frank Relosky, Jr., 1202 Bailey Avenue, Buffalo, New York 14206 to the position of Lieutenant, Permanent, at the Flat Starting Salary of $48,310. Appointment Effective February 19, 1996 in the Department of Police to the position of Lieutenant, Permanent at the flat starting salary of $48,310. Philip Serafini, 20 Roanoke Parkway, Buffalo, New York 14210. Thomas Mudd, 45 Cherrywood Dr., Cheektowaga, N Y 14227 DEPARTMENT OF FIRE Appointment Effective February 27, 1996 in the Department of Fire Donald F. McFeely, 4534 Buckingham Lane, Hamburg, 14075, to the Position of Division Chief, Permanent, at the flat Starting Salary of $60,906. Appointment Effective February 19, 1996 in the Department of Fire Paul Metzger, 412 Schiller, Buffalo 14212, to the Position of Communication Engineer, exempt at the minimum Starting Salary of $31,858. DEPARTMENT OF LAW Appointment Effective February 20, 1996 in the Department of Law, Kevin J. Keane, 265 Potters Road, Buffalo, NY 14220, to the Position of Asst. Corporation Counsel I, Permanent, at the Minimum Starting Salary of $37,125. DEPARTMENT OF NEIGHBORHOODS, HOUSING & INSPECTIONS Appointment Effective March 4, 1996 in the Department of Neighborhoods, Housing & Inspections, Division of Housing & Inspections, Beverly Hassett, 302 Potters Road, Buffalo, New York 14220, to the Position of Typist, Permanent, at the Minimum Starting Salary of $ 20,215. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 79 BEDC Requested Info-Loans/Members In response to the requests made by various Councilmembers at the Council Committee on Community Development Meeting, we are hereby submitting the following: 1. Summary of loans for years 1993,1994 and 1995. 2. List of BEDC Board Members. 3. List of BEDC General Membership. 4. A summary chart of staff change in the past five years. 5. Current list of BEDC employees. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 80 BEDC Sale of 22 properties on Genesee St. Neighborhood Commercial Land Bank In October of 1991, the City sold 124 vacant parcels on various commercial arterials to The Buffalo Enterprise Development Corporation for $335,000 as Phase I of the Neighborhood Commercial Land Bank. Pursuant to the Administrative Agreement approved by Your Honorable Body on October 29, 1991, all parcels to be resold by The BEDC shall be submitted for Council approval with prior consultation with the District Councilmember. Councilmember Miller-Williams was supplied with the attached description of sale on February 21, 1996. Twenty-two (22) parcels of BEDC-owned property on Genesee Street (between Spring and Camp Streets) have been designated by the Department of Neighborhoods Housing and Inspections; the Buffalo Neighborhood Revitalization Corporation (BNRC); and the Buffalo Urban Renewal Agency for new housing redevelopment as part of the Genesee Village Affordable Housing Program. The Genesee Street parcels are: 441 Genesee 443 Genesee 500 Genesee 446 Genesee 450 Genesee 502 Genesee 457 Genesee 459 Genesee 506-10 Genesee 472 Genesee 474 Genesee 512 Genesee 476 Genesee 480-82 Genesee 501 Genesee 484 Genesee 488 Genesee 507 Genesee 490-92 Genesee 496 Genesee 509 Genesee 498 Genesee In order to effect a transfer of these properties to the BNRC for the affordable housing program, the BEDC and the BNRC have tentatively agreed to exchange the BEDC-owned properties on Genesee Street for two (2) BNRC-owned properties on Exchange Street (853 and 855 Exchange Street) totalling approximately 5.69 acres. The BNRC Board has approved this transaction at their meeting of February 20, 1996. Your approval is being sought simultaneous to action by the BEDC Board of Directors and the Buffalo Neighborhood Revitalization Corporation Board of Directors. BEDC approval will be contingent upon Common Council approval. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 81 BFLO. SOFTBALL LEAGUE Financial Statements Attached please find the Financial Statements of the Buffalo Softball League Inc. for the fiscal year ending October 31, 1995. This report is provided to comply with Chapter 309, Section 309 - 35 of the Ordinances of the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE. No. 82 ERIE COUNTY LEGISLATURE Bennett Beach WHEREAS, at one time, the City of Buffalo was the center of Erie County's population and wealth representing more than 75% of the County population, and WHEREAS, today the City of Buffalo is home to approximately 33.8% of the County's population, and WHEREAS, while the City of Buffalo is still Erie County's largest political subdivision, the city has lost much of it's population to the suburbs over the past fifty years, and WHEREAS, the loss of population, an eroding property tax base, loss of federal and state revenue sharing, rising crime rates and aging infrastructure necessitates special consideration if the County's urban center is to survive; and WHEREAS, the County of Erie has always had a special relationship with the City of Buffalo resulting in service sharing and consolidation agreements to assist the city in the operations and maintenance of certain city resources, and WHEREAS, the County takeover of Grover Cleveland Park and South Park Botanical Gardens in 1983 has worked successfully to the benefit of both city and county users, and WHEREAS, Bennett Beach, a city owned beach located in the Town of Evans, was run successfully by Erie County to the benefit of all public users, until a political dispute ended that relationship, and WHEREAS, the aforementioned represents successful consolidation and service sharing agreements the county has, or had, with the city that has worked to the benefit of all users of these public resources, NOW, THEREFORE, BE IT RESOLVED, that the Erie County Legislature hereby supports the establishment of a Joint Municipal Commission for the purpose of exploring new Municipal consolidation and service sharing agreements, and be it further RESOLVED, that the purpose of the aforementioned commission will be to work with all municipalities in Erie County and County of Erie governmental officials to study and develop a plan for additional consolidation and service sharing agreements to assist the municipalities, thereby, helping to promote improved service delivery and the quality of public resources, and be it further RESOLVED, that Erie County Executive Dennis T. Gorski, Buffalo Mayor Anthony M. Masiello and all municipal governments are requested to respond to their willingness to support, participate, and work with a joint Municipal Commission, toward developing a plan for service sharing and consolidation agreements between the County of Erie and the city of Buffalo, and be it further RESOLVED, that the Erie County Legislature strongly urges all municipal officials to cooperate in developing creative solutions to reduce the cost of government to taxpayers throughout Erie County, and be it further RESOLVED, that certified copies of this resolution be sent to County Executive Dennis T. Gorski, Buffalo Mayor Anthony M. Masiello, the City of Buffalo Common Council, and all other municipal governments in Erie County. REFERRED TO THE SPECIAL COMMITTEE ON GOVERNMENT RELATIONS. No. 83 ERIE COUNTY LEGISLATURE Consolidate Sheriff's & City's Central Booking WHEREAS, IN 1987, Erie County and the City of Buffalo studied proposals to consolidate police booking services; and WHEREAS, Both the City and the County considered the transition a "natural progression' subsequent to the County taking responsibility for the female cell block; and WHEREAS, IT is appears foolish to engage two separate and distinct booking agencies when the Buffalo Police Department currently relinquishes prisoners to the Erie County Sheriff after arraignment; and WHEREAS, There are extant cost analyses, logistical plans, and legal opinions available as a starting point for fresh consolidation talks; and WHEREAS, Former concerns that prevented the County and the City from following through on these ideas appear to have been partially mitigated; and WHEREAS, The consolidation of governmental programs is designed to enhance productivity and regionalize redundant administrative programs. NOW, THEREFORE, BE IT RESOLVED, That this Body supports an investigation into the feasibility of merging the Sheriff's Central Booking with the Buffalo Police Department's Central Booking; and be it further RESOLVED, That the newly created Commission on Municipal Consolidation study the issue and report its findings back to this Body; and be it further RESOLVED, That certified copies of this resolution be sent to Erie County Executive Dennis T. Gorski, City of Buffalo Mayor Anthony M. Masiello, Erie County Sheriff Thomas Higgins, Buffalo Police Department Chief Gil Kerlikowske, and the Buffalo Common Council. REFERRED TO THE SPECIAL COMMITTEE ON GOVERNMENT RELATIONS. No. 84 M. FEELEY/MR. SUBMARINE Concession-LaSalle Park The undersigned attorney has recently been retained by KENNETH E. VAUGHN and JAMES COWIE, d/b/a MISTER SUBMARINE, to answer a complaint brought by the City of Buffalo in connection with the exclusive concession at LaSalle Park for calendar years 1990 and 1991. A response to the complaint of the City is currently being prepared by this office. Please permit this letter to set forth several of the substantive defenses to be raised in response to the City's complaint so that full consideration of alternatives to suit may be had. Defendant's low-bid for the exclusive concession at LaSalle Park was opened on April 19, 1990, but was not approved by the Common Council until May 30, 1990. In addition, the building provided for the operation of the exclusive concession at LaSalle Park was in such a state of disrepair that four weeks of repair by defendants, and inspection by the Departments of Health and Public Works were required. The opening date was Thursday, June 28, 1990. Through no fault of defendants, approximately one-half of the 1990 season was lost to defendants. In light of the above, Acting Parks Commissioner, Stan. A. Buczkowski, agreed to a rental reduction in the amount of $7,200.00 for calendar 1990 and billed same to the defendants in September of 1990. A copy of this bill is enclosed. Although not mentioned during any part of the bidding process, the closing of Amvets Drive due to construction at the Buffalo City Water Works Building caused the closing of customer access during the entire 1990 and 1991 seasons. Public access to the building provided for the operation of the exclusive concession at LaSalle Park was severely limited by agents, servants, employees or agencies of the City of Buffalo for the duration of 1990 and 1991 seasons by this road closure. Public access to the building provided for the operation of the exclusive concession at LaSalle Park was also severely limited during the 1991 Friendship Festival by the imposition of an admission charge of $4.00 and the fencing of the greater portion of the park. This curtailment of public access to the building provided for the operation of the exclusive concession at LaSalle park caused the closure of the concession due to unprofitability for the duration of the Festival in 1991. In addition, during both the 1990 and 1991 Friendship Festivals, other concessions were granted to parties in violation of the exclusivity agreement and superior rights were granted to these outside vendors within LaSalle Park in violation of the exclusivity agreement. Specifically, the right to sell alcoholic beverages was granted to other vendors and denied defendants. A copy of the 1991 denial is enclosed. The 1990 denial was made orally by Stan A. Buczkowski, Acting Parks Commissioner. The operation of similar concessions within LaSalle Park with the permission of the City of Buffalo also occurred. Superior Rights to defendants were also granted by the City to the operators of the Festival Series. The exclusive concessionaires, defendants were required to pay 20% of net to the Junior League to operate the exclusive concession, they already possessed, during these events in 1990 and 1991. It is defendants contention that the foregoing, among other matters, constituted material and substantive breaches by the City of Buffalo of the contract with defendants for the operation of the exclusive concession at LaSalle Park, and are of such a nature to render the City of Buffalo liable for damages in suit, counterclaim and set-off. Specifically violated were Paragraphs 6 and 27 of the contract between defendants and plaintiff and the Exclusive privilege Clause on Page 10 of the specifications incorporated by reference. At this time, defendants are prepared to offer the City of Buffalo the sum of $3,000.00 in full settlement of all claims the City has, had or may have against these defendants for the acts alleged in the City's complaint herein. If you have any questions with respect to this matter,, kindly telephone the undersigned. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF HUMAN SERVICES, PARKS & RECREATION. No. 85 NIAGARA MOHAWK Municipalization Of Electric Distribution (Item No. 205, CCP, 2/20/96) Niagara Mohawk Power Corp. has been made aware that Councilmember Coppola has submitted a resolution for consideration by the Council seeking opinions from various city departments as to the feasibility of the City of Buffalo establishing a municipal electrical system within the city limits. Such an action would have a serious and obvious impact on Niagara Mohawk, its employees, its customers and its shareholders. As such, we would welcome the opportunity to address this issue with the Council and/or other city departments and officials in an appropriate forum. I respectfully ask that the Clerk's Office keep Niagara Mohawk informed of any such opportunity by contacting me directly at the address listed on this letterhead or by telephone. Thank you. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 86 PERLA & PERLA LLP Snow Removal Ordinance/Liability I read with interests the article in the Buffalo News concerning your request that the City strengthen its sidewalk snow ordinance by increasing fines and then ticketing people who are physically able but don't shovel their sidewalk. I have an even better idea for you. The City ordinance should be amended to specifically state that persons who do not shovel their sidewalks within a reasonable period after a snow fall will be held liable to anyone who is injured as a result of the failure to shovel. There is an Appellate Court case, Sacco v. City of Buffalo, that has held that the present statute does not give rise to civil liability. This case states that the statute must specifically spell out the fact that the failure to shovel or remove snow gives rise to civil liability. If our City ordinance was amended to specifically set forth for civil liability, there would be a tremendous incentive on the part of all property owners to shovel their walks. Should you care to discuss this proposal, feel free to contact me. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 87 E. SAUNDERS Complaint Property Tax Payments I have just taken over the paying of our property taxes from the Key Bank in the last half of 1994. On September 3, 1994, I received the notice for the second half 1994/1995 property taxes. I paid this bill on September 5, 1994 in the amount of $389.89 by check number 4418. In July of 1995 I received another bill notice for 1995-1996 for the amount of 358.08 plus a statement for sewer in the amount of $61.74. I paid both on July 3, 1995 by checks number 4729, for $ 358.03 for the taxes and check number 4730 for 61.74 to cover the sewer bill. I assumed this was for the second half of the 95/96 taxes because it was dated 95-96, and had to be paid by December and before Jan. 2, 1996 to avoid penalty. That is why I paid it early to have it out of the way. At least I called myself doing that. Now on February 4, 1996, I received a notice of delinquent taxes for 95-96. I sent a check in the amount of $ 384.94 check number 4953 on February 19, 1996. I called the Assessment Department on February 12, 1996 at 12:40 PM and I got Suriena on the telephone, and told her of my complaint; she transferred me to Carol. She was very nice in her attempt to explain to me that my first 95-96 payment was for the first half instead of the second half, to me it seemed that I paid the 2nd half twice. She also said that the tax year goes from July to July, so therefore, 94-95 would go from July 1994 to July 1995, 2 half and 95-96 would be the same July 95 to July 96. In other words the printing of 94-95 and 95-96 is misleading. It should be Jan. 1 to Dec. 31 of 1995 or 96 instead, with the two half payments included. No wonder so many people get caught up in the penalty or a foreclosure stage, because of the misleading notices that represent half of one year and half of the other year, and yet, your office is interpreting it another way. Isn't there some way that this matter can be made easier for your sake and the tax payer also? I just took over paying my taxes and already I'm in trouble, when I thought I was doing the right thing by staying well in advance of due dates. I tried to do the right thing to, for which we work so hard and sacrifice even yet, to hang on to, with limited income when they are constant increases to the property owner. I can now sympathize with so many others who own homes. I have read about and had the personal experience in aiding them in saving their homes from foreclosure because of mistakes such as this. I would appreciate hearing from you, before I talk to someone else. I think this is a very important matter. Thank you for taking time to read my letter, hope to hear from you soon. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 88 TCI Info - Annual Rate Filing and Rate Increase In our continuing effort to keep you informed, you will be receiving the annual rate filing on or about March 4, 1996. It will be sent to you via Federal Express from our corporate offices in Denver, and I will receive my copy the same day. We would have preferred hand-delivering this filing to you so we could immediately discuss the various intricacies of the newest FCC Form 1240 and its related components. Unfortunately, the time frames involved to calculate the rates prevented us from doing so. However, I will be contacting you early next week to set up an appointment to discuss this new annual rate adjustment and the other FCC rate filings. This will give both of us time to review the filings before our meeting. You may remember that we notified you in early January of our election to use the FCC's new optional procedure for annual adjustments. This annual increase is designed to capture past and projected changes in costs and provides for a proposed rate implementation date of June 3, 1996. We believe this option is far superior to the previous system of quarterly filings and adjustments. I look forward to meeting with you and I'm pleased that this new process will reduce the confusion experienced by many of our customers under the methodology of quarterly adjustments while reducing your administrative burdens. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS PETITIONS No. 89 Hope of Buffalo, Inc., owner, petition to use 335 Grider St. for a Halfway House. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. REGULAR COMMITTEES CIVIL SERVICE Hon. DAVID CZAJKA CHAIRMAN No. 90 Vacant Staff Positions (Item No. 61 CCP January 9, 1996) That the above mentioned item be and the same is received and filed. ADOPTED No. 91 Vacant Staff Positions (Item No. 60 CCP January 23, 1996) That the above mentioned item be and the same is received and filed. ADOPTED No. 92 Appointment Assistant Accountant That Communication 16 be received and filed and the temporary appointment of Kathleen E. Seeger stated above at the Intermediate salary $27,239 effective on January 29, 1996 is hereby approved. PASSED AYES-13. NOES-0. No. 93 Int. Appt. Asst. Acct. (Item #29 CCP February 20, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED No. 94 Appoint Truck Driver (Sts) (Item No. 41, C.C.P., Feb. 6, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Czajka moved that the above item be recommitted to the Committee on Civil Service. ADOPTED. No. 95 Appointment Coordinator of Office Automation That Communication 30 be received and filed and the permanent appointment of Catherine Barton stated above at the Intermediate salary $31,006.00 effective on February 13, 1996 is hereby approved. PASSED AYES-13. NOES-0. No. 96 Appointment Sr. Data Processing Equipment Operator That Communication 62 be received and filed and the permanent appointment of Lori Anne Hahn stated above at the Intermediate salary $25,509.00 effective on February 12, 1996 is hereby approved. PASSED AYES-13. NOES-0. No. 97 Info. Notices Appt.-Temp/Prov/Perm Item No. 91, CCP, 2/20/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 98 Notices of Appt./Temp./Prov./Perm Item No. 108, CCP, 2/20/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 99 Emp. Status-J. Glynn (A&F) Item No. 132, CCP, 2/20/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 100 Emp. Status-J. Glynn Item No. 133, CCP, 2/20/96 That the above mentioned item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID FRANCZYK Chairman No. 101 Recover Costs-Housing Court Fines Item No. 171, CCP, Jan. 23, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 102 Recover Costs-Housing Court Fines(NHI) Item No. 90, CCP, Feb. 20, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 103 Reinstall Traffic Signal-Broadway-Mohr Item No. 66, CCP, July 25, 1995 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 104 Report of Audit/Entertainment Ticket Fee Revenue (Item No. 13, 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, and the same hereby is received and filed. ADOPTED. No. 105 Audit Entertainment Ticket Fee Revenues (Item No. 19, C.C.P., Dec. 26, 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, and the same hereby is received and filed. ADOPTED. No. 106 Performance Audit Division of Treasury (Item No. 4, C.C.P., Jan. 9, 1996) 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. 107 Audit Division of Treasury (Police) (Item No. 34, C.C.P., Jan. 23, 1996) 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. 108 Report of Audit - Treasury (A&F) (Item No. 50, C.C.P., Jan. 23, 1996) 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 Report of Audit - Treasury (Treasury) (Item No. 58, C.C.P., Feb. 6, 1996) 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 Reply to Audit - Treasury (A&F) (Item No. 93, C.C.P., Feb. 20, 1996) 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. 111 Report of Audit - Parks Department - Golf Courses (Item No. 10, C.C.P., Jan. 23, 1996) 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, and the same hereby is received and filed. ADOPTED. No. 112 Reply to Audit - Parks Golf Courses (A&F) (Item No. 51, C.C.P., Feb. 6, 1996) 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, and the same hereby is received and filed. ADOPTED. No. 113 Report of Audit - Parks Golf Courses (HSPR) (Item No. 61, C.C.P., Feb. 6, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Franczyk now moved that the same is hereby received and filed. ADOPTED. No. 114 Report of Audit - Department of Neighborhoods, Housing & Insp. - Permits (Item No. 12, C.C.P., Feb. 6, 1996) 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, and the same hereby is received and filed. ADOPTED. No. 115 Performance Audit Report - Municipal Civil Service Commission (Item No. 17, C.C.P., Feb. 20, 1996) 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. 116 Department of Neighborhoods, Housing & Insp. Permits Section - Monies not Timely Deposited (Item No. 16, C.C.P., Nov. 14, 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, and the same hereby is received and filed. ADOPTED. No. 117 Department of Neighborhoods, Housing & Insp. Permits Section - Monies not Timely Deposited (NHI) (Item No. 33, C.C.P., Jan. 9, 1996) 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, and the same hereby is received and filed. ADOPTED. No. 118 Extension of 4 C's Sailing Center Concessionaire Agreement at Bennett Beach (Item No. 74, C.C.P., Nov. 14, 1995) That the Commissioner of Human Services, Parks and Recreation be, and he hereby is authorized to extend the 4 C's Sailing Center Concession at Bennett Beach for one (1) year (the 1996 season) for the amount of $8,000.00 upon the condition that the Concession Agreement will expire with the City upon the transfer of Bennett Beach to the County of Erie or any other entity. PASSED. AYES - 13 NOES - 0 No. 119 NYSDEC-Hazardous Waste Site-Marilla/Hopkins Item No. 65, CCP, Nov. 28, 1995 That the above item be, and the same hereby is received and filed. ADOPTED. No. 120 NYSDEC-Republic Steel-Marilla Landfill Site Item No. 85, CCP, Feb. 6, 1996 That the above item be, and the same hereby is received and filed. ADOPTED. No. 121 Change in Contract - Small Animal Shelter (Item No. 19, C.C.P., Jan. 23, 1996) That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1 to Fountain Construction, changes resulting in a net increase in the amount of $20,936.00, as more fully described in the above communication, for work relating to the Small Animal Shelter, C-91796200. Funds to be charged to B/F 200-402-099 Division of Buildings. PASSED. AYES - 13 NOES - 0 No. 122 North AmeriCare Park 1996-97 Budget (Item No. 3, C.C.P., Feb. 6, 1996) 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. 123 Report of Bids - Reconstruction 118 East Utica Street (Item No. 25, C.C.P., Feb. 6, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Franczyk moved: That the Commissioner of Public Works be, and he hereby is, authorized to award a contract to the lowest responsible bidders for Reconstruction of 118 East Utica Street, for General Construction Work to Claude Mayo Construction with a base bid of $293,400 less Alt. #1 ($23,073) and less Alt. #2 ($9,971) for a total amount of $260,356; for Plumbing Work to MKS Plumbing in the amount of $58,845; for Electrical Work to Goodwin Electric the amount of $7 8,700; and for HVAC Work to B. H. Refrigeration in the amount of $95,900. Funds for this project are available in CPF 200-402-533. PASSED. AYES - 13 NOES - 0 No. 124 Increase Min. Cost-Work Req. Permits Item No. 94, CCP, 2/20/96 That the above item be and the same is hereby received and filed. ADOPTED. No. 125 Waive Fee-Youthbuild Housing Rehab. Program Item No. 199, CCP, 2/6/96 That the above item be and the same is hereby received and filed. ADOPTED. No. 126 Waive Fee-Youthbuild Housing Rehab. Program Item No. 95, CCP, 2/20/96 That the above item be and the same is hereby received and filed. ADOPTED. No. 127 Waive Fee-27 Kingsley-Board-Up Item No. 200, CCP, 2/6/96 That the above item be and the same is hereby received and filed. ADOPTED. No. 128 Results of Negotiations-453 Sherman Item No. 24, CCP, Feb. 20, 1996 That the offer of Mrs. Ruth E. Denson, 451 Sherman Street, in the sum of $900.00 (nine-hundred dollars) to purchase the property described as 453 Sherman, be and hereby is accepted; and That the appraisal requested by the city of Buffalo shall e paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; a That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES - 13 Noes - 0 No. 129 Renew Lease - Senior Citizens Clubs/City Hall (Item No. 26, C.C.P., Feb. 20, 1996) That the Comptroller be, and he hereby is, authorized to renew the lease agreement between the City of Buffalo and the Council of Senior Citizens Clubs of Buffalo and Erie County, for use of Room 22 1, Buffalo City Hall, for a one year period commencing April 1, 1996 to expire on March 30, 1997. That the Corporation Counsel shall be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED. AYES- 13 NOES- 0 No. 130 Senior Citizen Exemptions (Item No. 33, C.C.P., Feb. 20, 1996) 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, and the same hereby is received and filed. ADOPTED. AYES- BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOTEMPIO, PITTS, QUINTANA, WILLIAMS - 10 NOES - COPPOLA, LOCKWOOD, ZUCHLEWSKI - 3 No. 131 Sr. Citizen Exemption-Financial Impact Item No. 34, CCP, Feb. 20, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 132 Hire Contractor - South Park Lift Bridge Barrier Gate (Item No. 39, C.C.P., Feb. 20, 1996) That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for South Park Lift Bridge Barrier Gate Repair to Hohl Industries, in an amount not to exceed $20,000.00. Funds for this project are available in the Division of Engineering Account No. 200-401-015. PASSED. AYES - 13 NOES - 0 No. 133 Permission to Engage Consultant Historical Society (Item No. 42, C.C.P., Feb. 20, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Franczyk moved: That the Commissioner of Public Works be, and he hereby is, authorized to engage an Architectural/Engineering consultant to prepare plans and specifications, advertise and receive scaled proposals for the Restoration of the Stair and Retaining Wall at the Buffalo and Erie County Historical Society. Funds for this project are available in Capital Project Fund 200-402-060. PASSED. AYES - 13 NOES - 0 No. 134 Ext. Time Contract-Waterline-Bflo. River Item No. 43, CCP, Feb.20, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 135 Ext. Time Contract-Venturi HSE/Col. Ward-Tunney Electric Item No. 44, CCP, Feb. 20, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 136 Ext. Time Contract-Venturi HSE/Col. Ward-C & A Paint Item No. 45, CCP, Feb. 20, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 137 Ext. Time Contract-Venturi/Col. Ward-B & H Refrigeration Item No. 46, CCP, Feb. 20, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 138 Ext. Time Contract-Sluice Gate Installation Item No. 47, CCP, Feb. 20, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 139 Report of Bids - Reconstruction City Hall - Entrance Doors (Item No. 54, C.C.P., Feb. 20, 1996) That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Reconstruction of City Hall Entrance Doors to Nichter Construction, in the amount of $168,000.00, the lowest responsible bidder. Funds for this project are available in B/F 200-402-012 - Division of Buildings. PASSED. AYES - 13 NOES - 0 No. 140 Bids - Closing Hamburg St. Bridge Item # 55, CCP, Feb. 20, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 141 Budget NorthAmericare Park Item # 92, CCP, Feb. 20, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 142 Liquor Licenses Item # 103, CCP, Feb. 20, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 143 Blazer Plumbing - Damage to City Tree Item # 126, CCP, Feb. 20, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 144 Emergency Concerns-7th St./Columbus Item # 195, CCP, Feb. 6,1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 145 Rename 7th Street, Between Connecticut and Rhode Island, "Columbus Parkway" (No. 161, C.C.P., Feb. 20,1996) (No. 194, C.C.P., Feb. 6, 1996) That this Common Council, after holding the required public hearing on February 20, 1996, hereby renames Seventh Street, between Connecticut and Rhode Island Streets, to Columbus Parkway, 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, by certified copy, as required by Section 286-5 of the Code of the City of Buffalo. PASSED AYES- BROWN, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA - 9 NOES -GRAY, KAVANAUGH, WILLIAMS, ZUCHLEWSKI - 4 No. 146 Designate Lead Agency-20 Bflo. River Item # 8, CCP, Feb. 20, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 147 M. Davis-Rzn. 570 Kensington R2/C2 Item #141, CCP, Dec. 12, 1995 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 148 Brisbane Realty - Petition to Use 395 Main Street - Pole Sign (Item No. 156, C. C. P., Sep. 5, 1995) 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. 149 Req. Repeal of Perm. Pkg. Washington, St. Item #196, CCP, May 10, 1995 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 150 M Fiore & 0 - Oppose Constr. 334 Bryant Item # 81, CCP May 2, 1995 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 151 M Fiore & 0 - Oppose Constr. 334 Bryant Item # 113, CCP July 25, 1995 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 152 Seizure of Autos by Enforce. Agencies (Item #32, C.C.P., January 23, 1996) That the above mentioned item he and the same is hereby received and filed. ADOPTED. No. 153 Seizure of Autos by Enforce. Agencies Item # 51, CCP, Jan. 23, 1996 That the above mentioned item he and the same is hereby received and filed. ADOPTED. No. 154 Recycling In City Hall Item # 164, CCP, Jan. 23, 1996 That the above mentioned item he and the same is hereby received and filed. ADOPTED. No. 155 Recycling In City Hall Item # 59, CCP, Feb. 20, 1996 That the above mentioned item he and the same is hereby received and filed. ADOPTED. No. 156 C. Graffasi-Tenant Damage to Rental Units Item # 112, CCP, Feb. 20, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 157 Exp. Police Protection Item # 172, CCP, Jan. 23, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 158 Exp. Police Protection Item # 55, CCP, Feb. 6, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 159 Notification Serial No. 8573 Item # 143, CCP, Feb. 6, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 160 Notification Serials #8594-8600 Repeal of Permissive Parking on Delaware Avenue, etc. (Item No. 36, C.C.P., Feb. 20, 1996) Pursuant to Subdivision 3 of Section 33 of Chapter 479 of the Ordinances of the City of Buffalo, the changes to the traffic ordinances (Chapter 479 of City Code) are hereby denied and disapproved for Notification Serial Nos. 8594-8600; and that the Notification Serial Nos. 8584-8593, be received and filed. ADOPTED. No. 161 Info-Police Policy-Use of Sprays (Item # 63., CCP February 20, 1996) That the above mentioned item be and the same hereby received and filed. ADOPTED. No. 162 NYCLU-Police- Use Of Sprays (Item # 113 CCP February 20, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. COMMUNITY DEVELOPMENT HON. DALE ZUCHLEWSKI CHAIRMAN No. 163 LDA - New Buffalo Ind. Park/Baratto (Item No. 82, C.C.P. 2/20/96) 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 - Maria Scinta-BURA Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Zuchlewski. CARRIED. Mrs. LoTempio now moved: Whereas, the Buffalo Urban Renewal Agency has duly designated Albert J. Baratto and Antionette M Baratto, and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law"; and Whereas, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and Now, Therefore, Be It Resolved: 1. That Albert J. Baratto and Antionette M. Baratto and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for a portion of New Buffalo Industrial Park. 2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to Albert J. Baratto and Antionette M. Baratto, and/or other legal entity to be formed in accordance with the terms of said Agreements and for the consideration recited therein. PASSE AYES - 13 NOES -0 No. 164 LDA - New Buffalo Ind. Park/Great Lakes Electric (Item No. 83, C.C.P. 2/20/96) 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 - Maria Scinta - BURA Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Zuchlewski. CARRIED. Mrs. LoTempio now moved: Whereas, the Buffalo Urban Renewal Agency has duly designated Great Lakes Electronics Distributing, Inc., and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law"; and Whereas, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and Now, Therefore, Be It Resolved: 1. That Great Lakes Electronics, Distributing, Inc. and/or other legal entity to be -formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for a portion of New Buffalo Industrial Park. 2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to Great Lakes Electronics Distributing, Inc. , and/or other legal entity to be formed in accordance with the terms of said Agreements and for the consideration recited therein. PASSED. AYES - 13 NOES - 0 No. 165 Update Downtown Traffic Study (Item # 88 CCP January 9, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 166 NYSDOT - Signal Coord. Study (Item # 86 CCP February 6, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 167 Request Disclosure Statements of Buffalo Development Companies (Item No. 204, C.C.P., Feb. 6, 1996) That this Common Council officially request that the governing bodies of those entities, as listed in the above communication, who are exempted from the code, formally adopt the provisions of Chapter 12 - Code of Ethics; and 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 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 not-for-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. ADOPTED. No. 168 Negotiate Purchase - 529 Cornwall (Item No. 77, C.C.P., Feb. 20, 1996) That the Comptroller be, and he hereby is authorized to negotiate the acquisition of Pegasus Cleaning, located at 529 Cornwall and report to the Common Council the results of such negotiations. The project will be funded from the New York State Industrial Access Program. ADOPTED. No. 169 Negotiate Purchase - Conrail Property E. Delavan/E. Amherst (Item No. 78, C.C.P., Feb. 20, 1996) That the Comptroller be, and he hereby is authorized to negotiate the acquisition of a 30 acre vacant parcel of land located between E. Delavan and E. Amherst, and report to the Common Council the results of such negotiations. The project will be funded from the New York State Industrial Access Program. ADOPTED. No. 170 CDBG Fund Transfer - Historic Renovation of Allendale Theater (Item No. 80, C.C.P., Feb. 20, 1996) That the Common Council approve the transfer of additional Community Development Block Grant Funds in the amount of $20,216 from CDBG Account #96-50200 to Capital Project Account #200-717-041 for the Historic Renovation of Allendale Theater for a total CDBG Transfer of $80,216. PASSED. AYES - BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI -12 NOES - COPPOLA - 1 COMMITTEE ON EDUCATION HON. BARBRA KAVANAUGH CHAIRMAN No. 171 Fin. Plan Comm.-Rpt. On Bd. of Education Item # 65 CCP February 6, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 172 By: Mr. Brown Now, Therefore Be It Resolved: I hereby appoint Craig D. Hannah, 351 Winslow Avenue, Buffalo, New York 14211, to the position of Legislative Assistant for the Masten District Office, effective February 20, 1996 ADOPTED. No. 173 By: Messrs. Brown and Franczyk Recycled Copy Paper Whereas: This Council has consistently advocated for the use of recycled paper by city departments and agencies ; and Whereas: The last bid the city received from its supplier for white copying paper did not include a quote for recycled paper; and Whereas: Since the bid was awarded, market shifts have rendered recycled paper prices competitive with virgin paper; and Whereas: In fact, Council staff has received from the city's paper supplier a quote of $6.18 per thousand sheets versus the $7.05 price the city is paying for virgin copying paper; and Whereas: Given the environmental advantages of recycled paper and the potential fiscal benefits of using less expensive paper, it is crucial that the city explore the use of recycled paper in its copy machines; Now, Therefore, Be It Resolved That: This Common Council requests the Commissioner of General Services to file a report detailing the potential savings in switching city agencies to recycled copy paper; and Be It Further Resolved That: This report include an evaluation, to be done in consultation with the technicians who maintain the city's copiers, of sample recycled paper which has been furnished by the city's supplier. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF GENERAL SERVICES. No. 174 By: Mr. Brown, Ms. Gray and Ms. Miller-Williams Request Reports from the Police and Fire Departments-Substance Abuse Policies Whereas: Alcohol impairs judgment, negatively affects job performance and fosters absenteeism; and Whereas: Alcohol also causes strained relationships between family members, may result in general apathy toward family, employment and community; and Whereas: The effects of alcohol abuse are just as harmful as the effects of abuse of illegal drugs; and Whereas: The negative effects of abusing any substance are magnified when they are experienced by Police Officers and Fire Fighters because these public servants are entrusted with the welfare of the general public; Now, Therefore Be It Resolved: This Common Council requests that the Buffalo Police Department and the Buffalo Fire Department file written reports detailing their substance abuse policies; and Be It Further Resolved: That this Common Council requests that the report detail any distinctions between handling abuse of illegal drugs and alcohol abuse. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE COMMISSIONER OF FIRE. No. 175 By: Mr. Coppola Auto Insurance Rate Inequity Whereas: The New York State Insurance Department regulates the auto insurance industry in the state; and Whereas: The Actuarial Division of the State Insurance Department determines the rates charged; and Whereas: City dwellers are charged substantially more for auto insurance than their suburban counterparts, and it is understood that two of the determining factors are population density and amount of traffic; and Whereas: According to the 1990 Census, the City of Buffalo has lost a significant amount of population since 1980, presumably to the suburbs, and with major industry and shopping centers now located in the suburbs, it seems unfair that auto insurance rates should be higher in the city than the suburbs. Now Therefore Be It Resolved That this Common Council requests that the City Clerk send a certified copy of this resolution to The New York State Insurance Department's Actuarial Division requesting a response by the next full Council meeting on why auto insurance rates are substantially more in the city than the suburbs. ADOPTED. No. 176 By: Mr. Coppola Discharge Committee on Legislation -Socony Oil Use 577 Elmwood - Pole Sign No. 90, C.C.P. February 6,1996 Whereas: The above item is currently tabled in the Committee on Legislation; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved: That this Common Council does hereby discharge the Committee on Legislation from further consideration of item #90 - C.C.P. February 6, 1996, "Socony Oil Use 577 Elmwood-Pole Sign," and said item is now before the Council. CARRIED. Mr. Coppola now moved the approval of the above item. Seconded by Mr. Helfer. PASSED. AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS- 12 NOES- ZUCHLEWSKI- 1 No. 177 By: Mr. Coppola Discharge Committee on Legislation -Use 577 Elmwood Com. 7, C.C.P. February 20, 1996 Whereas: The above item is currently tabled in the Committee on Legislation; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved: That this Common Council does hereby discharge the Committee on Legislation from further consideration of item #7 - C.C.P. February 20, 1996, "Use 577 Elmwood," and said item is now before the Council. CARRIED. Mr. Coppola now moved that the above item be received and filed. ADOPTED. No. 178 By: Mr. Coppola Discharge Committee on Legislation -Billiard Parlor- 1186 Hertel Com. 54, C.C.P. October 3, 1995 Whereas: The above item is currently tabled in the Committee on Legislation; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved: That this Common Council does hereby discharge the Committee on Legislation from further consideration of item #55 - C.C.P. October 3, 1995, "Billiard Parlor 1186 Hertel," and said item is now before the Council. CARRIED. Mr. Coppola now moved approval of the above item. Seconded by Mrs. LoTempio. PASSED. AYES - 13 NOES - 0 No. 179 By: Mr.Czajka Salary Ordinance Amendment 04- Department of Audit and Control 1 Division of Audit 001 Audit Services 98-0 Division Of Water 014 Intake Pier Tower And Tanks The Common Council of the City of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 04 -1 001 Department of Audit and Control - Division of Audit - Audit Services and 98-0 - 014 Division of Water - Intake Pier Tower and Tanks which reads: 041-001 1 Senior Inventory Clerk $23,703 -26,920 is hereby amended to read: 980-014 1 Senior Inventory Clerk $23,703 -26,920 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, JOEL A GIAMBRA, Comptroller, JOSEPH N. GIAMBRA, Commissioner of Public Works, and JAMES B. MILROY, Director of the Budget, hereby certify that the transfer of 1 Senior Inventory Clerk position 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 respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for 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 PASSED. AYES - 13 NOES - 0 No. 180 By: Mr. Czajka Salary Ordinance Amendment 01 -1 Division Of City Clerk 001 -City Clerk The Common Council of the City of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 01-1 Division of City Clerk under the subheading "001 - City Clerk" which reads: 1 Laborer I $9.02 - 10.24 hr. is hereby amended to read: 2 Laborer I $9.02 - 10.24 hr. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, JAMES W. PITTS, President of the Common Council and JAMES B. MILROY, Director of the Budget, hereby certify that the addition of one (1) Laborer I position 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 respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for 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 PASSED. AYES - 13 Noes - 0 No. 181 By: Mr. Czajka Appointment to Good Neighbor Committee Whereas: By resolution 175 C.C.P. March 16, 1993, this Common Council appointed a Good Neighbor Committee to negotiate with industries in the Seneca/Babcock neighborhood to reduce pollution and foster communication between the industries and their neighbors; and Whereas: The Good Neighbor Committee has worked diligently and has made progress communicating with each of the companies; and Whereas: Dr. Stephen Vermette, an Earth Science professor at Buffalo State College, has expressed a willingness to join the Good Neighbor Committee and contribute to its mission ; and Whereas: Dr. Vermette has an excellent background for work on the Committee as a member of the Air and Waste Management Association and as a scientist specializing in atmospheric chemistry; Now, Therefore, Be It Resolved that: This Council appoints Dr. Stephen Vermette c/o Buffalo State College Earth Science Dept., 1300 Elmwood Avenue, Buffalo, NY 14222 to the Good Neighbor Committee; and Be It Further Resolved That; The City Clerk be directed to send certified copies of this resolution to Buffalo Color Corp, Inc. (c/o Paul Mescal, 100 Lee Street, 14210), PVS, Inc. (c/o Chris Cancilla, 55 Lee Street, 14210), BOC Gases, Inc. (c/o Daniel W. O'Brien 101 Katherine Street 14210), and Buffalo China, Inc. (c/o Paul Graeber, 658 Bailey Avenue, 14206). ADOPTED. No. 182 By: Mr. Czajka Amend the City Charter to Include the Members of the Board of Education in the Citizens Salary Review Process Whereas: Section 452 of the Charter of the City of Buffalo states that the Common Council may provide an annual salary not exceeding $5,000.00 for each member of the Buffalo Board of Education; and Whereas: The Board of Education voted in December of 1995 to increase its members' salaries from $5,000.00 per year to $10,000.00 per year, and then asked the Common Council in January of 1996 to amend Section 452 of the Charter to increase the limit on such salaries from $5,000.00 to $10,000.00, and Whereas: Section 452-a of the Charter established a Citizens Salary Review Commission to review the salaries of all elected officials of the City of Buffalo except members of the Board of Education, and to conduct the review every other year; and Whereas: The Citizens Salary Review Commission is composed of nine individuals appointed by the Board of Review, no more than six of whom can be from one political party, and thus can provide the Common Council with salary recommendations that are made by an independent group of citizens- and Whereas: Since the members of the Board of Education are elected by the citizens of Buffalo, their salaries should be reviewed periodically by a group of city residents who are independent of the Board and the Common Council-, Now, Therefore, Be It Resolved: That the Corporation Counsel shall submit to this Common Council a Charter Amendment which requires the Citizens Salary Review Commission to review the salaries of the members of the Buffalo Board of Education at the same time it reviews the salaries of all the other elected officials in the City. REFERRED TO THE COMMITTEE ON EDUCATION AND THE CORPORATION COUNSEL. No. 183 By: Messrs. Czajka & Brown Snow Dumping on Leslie and East Ferry Street, Whereas: The City of Buffalo experienced record snowfall amounts this past December which led to snow plowing problems throughout the city; and Whereas: Excessive snowfall amounts required removal from streets, parking lots, etc., to storage sites; and Whereas: A private contractor removing snow from the Veterans Administration Hospital secured permission from the Commissioner of Public Works to dump snow on a city owned parcel on the comer of East Ferry and Leslie Streets; and Whereas: The dumping caused great consternation among neighborhood residents who feared excessive run-off, unsightly debris left behind, and the motivation of illegal dumping at that site; and Whereas: The act was done without the knowledge of the Street Sanitation Commissioner, the person ultimately responsible for snow removal in the city. Now, Therefore, Be It Resolved: That the Street Sanitation Commissioner report to this Honorable Body on the designated sites for snow dumping in times of emergencies; and Be It Further Resolved: That the Public Works Commissioner report to this Honorable Body on his departments role in snow removal emergencies and how the decision to use the aforementioned site arose; and Be It Finally Resolved: That the Street Sanitation Commissioner devise a system so that a private contractor, who plows public facilitates, will know where to properly dump snow. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF STREETS AND THE COMMISSIONER OF PUBLIC WORKS. No. 184 By: Mr. Franczyk: Bond Resolution $450,000 Bonds Telecommunications, Phase I Improvements to Various Schools Account No. 299-975-018 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $450,000 School Bonds of said City, to finance the cost of installation of telecommunications equipment in various school buildings, at the estimated maximum cost of $450,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows- Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue School Bonds of said City in the principal amount of Four Hundred Fifty Thousand Dollars ($450,000), 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 installation of telecommunications equipment in various school buildings. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to fie issued, including preliminary costs and costs incidental thereto and the financing thereof, is $450,000 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 ally bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Board of Education, "Telecommunications Phase I, 1995-96, " Account No. 299975-018, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which 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 $450,000. 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. 32 of the Local Finance Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: March 7, 1996 LAID ON THE TABLE. No. 185 By: Mr. Franczyk: Bond Resolution $700,000 Bonds Mechanical and Electrical Reconstruction Account No. 299-975-019 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $700,000 School Bonds of said City, to finance the cost of mechanical and electrical reconstruction of various school buildings, at the estimated maximum cost of $700,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue School Bonds of said City in the principal amount of Seven Hundred Thousand Dollars ($700,000), 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 mechanical and electrical reconstruction of various school buildings. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $700,000 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 Board of Education, "Mechanical and Electrical Reconstruction, 1995-96," Account No. 299-975-019, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which 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 $700,000. 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.13 of the Local Finance Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d.9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amounts. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorizes to expend money or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: March 7, 1996 LAID ON THE TABLE. No. 186 By: Mr. Franczyk: Bond Resolution $800,000 Bonds New Boilers, South Park H.S. 206 Account No. 299-975-010 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $800,000 School Bonds of said City, to finance the cost of improvements to South Park H.S. 206, at the estimated maximum cost of $800,000. 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 (hereby called "City"), is hereby authorized and directed to issue School Bonds of said City in the principal amount of Eight Hundred Thousand Dollars ($800,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of tile State of New York (the "Law"), to finance the cost of improvements to South Park H.S. 206 including installation of new boilers required in connection with the purpose for which said building are to be used. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution is to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $800,000 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 Board of Education, "New Boilers, South Park H.S. (206), 1995-96," Account No. 299-975-010, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are hereby authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $800,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 13 of the Local Finance Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to tile issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d.9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: March 7 , 1996 LAID ON THE TABLE. No. 187 By: Mr. Franczyk: Bond Resolution $1,200,000 Bonds Planning and Design, New School No. 2 Account No. 299-975-020 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,200,000 School Bonds of said City, to finance the cost of planning and design of a new school No. 2, at the estimated maximum cost of $1,200,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves by the favorable vote of not less than two-thirds of all the members of said Common Council as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue School Bonds of said City in the principal amount of One Million Two Hundred Thousand Dollars ($1,200,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of planning and design of a new school no. 2 including preparation of preliminary plans and specifications, The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,200,000 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 Board of Education, "Planning And Design, New School No. 2, 1995-96," Account No. 299-975-020, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are hereby authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,200,000. This resolution is a declaration of Official Intent ,adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 62(2nd) of the Local Finance Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d.9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for all object or purpose for which tile City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: March 7, 1996 LAID ON THE TABLE. No. 188 By: Mr. Franczyk: Bond Resolution $16,850,000 Bonds Reconstruction of Various School Buildings Fund 299 Bond Resolution of The City of Buffalo, New York, authorizing the issuance of $16,850,000 School Bonds of said City, to finance the cost of construction of additions to and partial reconstruction of various school buildings, at the estimated maximum cost of $16,850,000, The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue School Bonds of said City in the principal amount of Sixteen Million Eight Hundred Fifty Thousand Dollars ($16,850,000), pursuant to the provisions of the Charter of said City arid 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 construction of additions to and partial reconstruction of various school buildings. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $16,850,000 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 ally bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Board of Education, "Improvement to Various Schools, 1995-96," Fund 299, and shall he used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are hereby authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $16,850,000. 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 existing buildings are of Class "A" construction as defined by Section 11.00 a. 11. (a) of the Law, and 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.12. (a) (1) of the Local Finance Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d.9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be compiled with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: March 7, 1996 LAID ON THE TABLE. No. 189 By; Mr. Franczyk: Update on School Uniforms Whereas: In September 1995 the Common Council approved a resolution requesting the Board of Education to institute a school uniform policy in all primary grades; and, Whereas: School districts throughout the country which have instituted a school dress uniform have experienced a dramatic drop in student violence and classroom disruption with a corresponding increase in test scores and performance, and, Whereas: Expensive, bizarre, gang-oriented or sloppy clothing would no longer be a distraction for students, who could better focus on learning, and, Whereas: A school uniform might include a blue or white shirt and blue slacks for boys and a skirt for girls, and, Whereas: In the name of putting "discipline and learning back in our schools" President Clinton instructed the Federal Education Department to distribute manuals to the nation's 16,000 school districts advising them how they can legally enforce a school uniform policy, and, Whereas: The Council's School Uniform resolution has been before the Buffalo Board of Education's Executive Committee for about six months-, Now Therefore Be It Resolved: That the Board of Education update the Council on whether it will initiate a school uniform policy in all primary schools for the September 1996 school year or at any time in the foreseeable future. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION. No. 190 By: Mr. Franczyk Irish Welding Supply Corporation Whereas: Irish Supply Corporation, a family owned Buffalo business, was founded in 1950 by Robert Nathan Irish; and Whereas: Irish Welding Supply Corporation handles propane gas, welding supplies, and industrial gases. Also, a Coca-Cola Distributor, a carbon dioxide supplier for restaurants and industrial application, Irish Welding is continually expanding its' business in Buffalo, and makes an effort to keep its; business in the city of Buffalo; and Whereas: In the summer of 1995, this corporation moved to expand its business from its former space on Sycamore Avenue to a location on Clinton Street and Bailey Avenue behind the Niagara Food Terminal; and Whereas: This new location is tucked behind and around other private property, which includes Conrail property, City water mains must run under and through these properties to reach Irish Welding Supply Company. Three thousand feet of the water line runs solely beneath Conrail property; and Whereas: For the month of December, Irish Welding Supply Company received an astronomical city water bill of $9,000.00, alerting the business to an obvious water problem; and Whereas: The water to the property was shut off immediately, and a plumber's inspection revealed that the watermain has broken, gushing 100 gallons of water a minute. The location of the break happened to be under a portion of the Conrail property; and Whereas: Although the main was fixed and water turned back on, Irish Welding Company, fears that considering the age of the water lines, the length of the main and the location of the line under Conrail tracks that are continually shaking the earth and watermains beneath it, that at anytime, without warning, or knowledge, another break could happen, wasting precious water and incurring another massive water bill; and Whereas This specific situation is unique and isolated; and Whereas Irish Welding Company has borne the cost of the water lots, as well as the plumbing repair and turn off/on fees and; Whereas Without some sort of assistance from this city, Irish Welding Company will be forced to move and relocate again; and Whereas It is important to retain businesses such as Irish Welding Company to maintain and support economic development in the city of Buffalo;' and Now Therefore Be It Resolved: That this Common Council support Irish Welding Company by urging the Commissioner of Public Works to adjust or abate their December water bill by the powers given to him in Section 491-61 of the city code; and Be It Further Resolved: That the Department of Public Works, in collusion with the Division of Water, explore the possibilities of a new, more direct watermain connected to Irish Welding Supply Company , or investigate alternative options that would circumvent such a disastrous situation as the aforementioned; and Be It Further Resolved: That the Division of water postpone any water shut-off action at the premises of Irish Welding Supply Company until this particular matter is resolved; and Be It Finally Resolved: That the Commissioner of Public Works, Director of the Division of Water, and the Law Department respond to this Council with opinions and feasible options to aid in the matter of the December water bill, prevent such an incident from recurring, and to discourage Irish Welding Supply Corporation from relocating. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF PUBLIC WORKS. No. 191 By: Mr. Franczyk Ordinance Amendment Chapter 413 -Streets and Sidewalks The Common Council of the City of Buffalo does hereby ordain as follows: That Section 413-4 of Chapter 413 of the Code of the City of Buffalo be amended to read as follows: G. Any person who willfully places a dumpster or similar large waste container on public property in the City of Buffalo without having first obtained a permit for such purpose from the Commissioner of Public Works shall be subject to a fine as provided in Section 137-7 Class J. Each day such dumpster or similar large waste container is on public property in the City of Buffalo without a permit shall constitute a separate offense. The City of Buffalo Department of Public Works reserves the right to remove such dumpster or similar large waste container at the expense of the owner. Such removal may be accomplished either by city forces or a private firm hired at the discretion of the Commissioner of Public Works. The fine shall continue until such time as the proper permit is obtained, the dumpster or similar large waste container is removed the owner or if the dumpster or similar large waste container is removed by the City, the owner has redeemed such dumpster or similar large waste container from the City. H. Any dumpster or similar large waste container that is placed by permit on public property in the City of Buffalo that does not adhere to the restrictions of the permit may be removed at the direction of the Commissioner of Public Works at the expense of the owner and shall be subject to a fine as provided in Section 137-7 Class J. Such removal may be accomplished either by city forces or a private firm hired at the discretion of the Commissioner of Public Works. Each day such dumpster or similar large waste container is on public property in the City of Buffalo without adhering to the restrictions of the permit shall constitute a separate offense. The fine shall continue until such time as the restrictions of the permit are found to be complied with to the satisfaction of the Commissioner of Public Works or his designee or if the dumpster or similar large waste container is removed by the City, the owner has redeemed such dumpster or similar large waste container from the City. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS No. 192 By Mr. Franczyk: Ordinance Amendment Chapter 137- Code Enforcement The Common Council of the City of Buffalo does hereby ordain as follows: That Section 137-7 of Chapter 137 of the Code of the City of Buffalo be amended to read as follows: Initial Additional Maximum Total FINE CLASS J $500.00 $500.00 $500.00 $1500.00 * Dumpsters or similar large waste containers placed without permit -Chapter 413 - Section 4 * Dumpsters or similar large waste containers placed outside restrictions of Permit - Chapter 413 - Section 4 Approved As To Form Edward Peace Corporation Counsel Note: matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION No. 193 By: Mr. Franczyk Increased Appropriation City Revenue Department of Police 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 - Department of Police be and the same hereby is increased in the sum of $182,000 That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: Revenue City 100 General Fund 200 - Department of Police 402 -City 62032 - Deposit of Unclaimed Property $182,000 To meet the increased appropriation as set forth below: 100 General Fund 20 - Department of Police 1 - Police Administration 085 - Exempt Items 910 - Building Construction and Improvements $ 60,000 021 - Administration & Communications 224 - Telephone & Telegraph $ 14,000 404 - Office Supplies $ 5,000 427 - Clothing & Uniforms $ 82,000 449 - Miscellaneous $ 16,000 031 - Police Facilities & Fleet Maintenance 432 - Janitorial $ 5,000 Total $182,000 PASSED. AYES- 13 NOES - 0 No. 194 By: Messrs. Franczyk and Coppola Request Update on Pilot Field Naming Rights Default Suit Whereas: The City of Buffalo entered into an agreement with Pilot Air Freight Corporation on June 29, 1986 to allow the City's new baseball stadium to be named Pilot Field; and Whereas: The terms of the Pilot Field Naming Rights Agreement required that Pilot Air Freight Corporation pay an annual fee of $5 1, 000; and Whereas: Pilot Air Freight Corporation failed to fulfill its contractual obligations and was notified of the default via a letter sent by the Corporation Counsel dated January 23, 1991; and Whereas: The Corporation Counsel sent a certified letter to Pilot Air Freight Corporation terminating the Agreement and all of Pilot Air Freight Corporation's naming rights under the Agreement effective December 31, 1994. Now Therefore, Be It Resolved: That this Common Council requests the Corporation Counsel to file with this Council a full report indicating the final total amount owed to the City by Pilot Air Freight Corporation, the total amount received to date and the final results of the Default Suit. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 195 By: Ms. Gray Establish Night Court Hours Whereas: Court time for Buffalo Police Officers is one of the elements contributing to a projected $7.3 million city budget deficit in the current fiscal year. It has been estimated that court time cost taxpayers 2.2 million last year ; and Whereas: Police officers who must participate in pretrial conferences or testify in court at times when they are scheduled to be off duty automatically receive pay for four hours even if the actual time is much less since the four hour minimum pay is in the union contract. If the officers are on duty during their court time, they get no extra money. Many officers, after they are notified in advance to appear in court, schedule personal leave or vacation days for the same day as the court appearance, thereby qualifying to receive court time pay; and Whereas: With the existing union contract a vicious cycle continues with the scenario where a police officer calls with a forty-eight hour advance notice to request personal/vacation time for a day the officer knows he has to go to court. As per union contract the request must be approved, compelling the precinct captain to offer another person overtime to fill in; and Whereas: To negotiate the existing inequities out of the present contract shall be a great challenge for the administration; and Whereas: Some of the suggestions to cut court time are coordinating pretrial schedules when the officers are on duty and having City Court run night sessions; and Whereas: With 30,000 misdemeanor cases expected in city court this year, serious consideration should be given regarding night sessions in city court; Now, Therefore, Be It Resolved: The Common Council requests that the Mayor, The Commissioner of Administration and Finance, the Chief Judge of City Court, and the Commissioner of Police file reports with the Common Council regarding the feasibility of establishing night court sessions; and Be It Finally Resolved: That the Common Council requests the reports be filed with the City Clerk's Office by 2: 00 p.m. Thursday, March 28, 1996. ADOPTED. No. 196 By: Mrs. Gray City of Buffalo Garbage Receptacles Whereas: Many residents have complained about the vast amount of garbage and refuse at major and minor street intersections, heavily frequented bus stops, and outside of many businesses; and Whereas: The excessive amounts of litter and debris contributes to the socioeconomic decline in the Masten, Ellicott, Niagara, Lovejoy, South, Delaware, North, University, and Fillmore Districts; and Whereas: The rubbish and refuse at many of the street intersections and bus stops in the Masten, Ellicott, Niagara, Lovejoy, North, South, University, Delaware, and Fillmore Districts is an eye sore for members of the respective communities; and Whereas: The placement of garbage receptacles in the Masten, Ellicott, Niagara, Lovejoy, University, Delaware, North, South, and Fillmore Districts, at major bus stops and at heavily frequented intersections, will contribute to the revitalization of the respective districts; and Whereas: Article IV, 216-5, Section A, states that "The owner or proprietor of any commercial establishment wherein food items are sold for off premises consumption shall place a garbage receptacle immediately outside the premises for the use of patrons to discard said food items or their wrapping therein." Article IV, 216-5, Section B states that "Said receptacle shall be secured to eliminate improper removal from the site. Said receptacle shall be visible and accessible to the public and shall be maintained in a clean and sanitary state. Said receptacle shall be covered in such a fashion so as to eliminate the possibility of divergence by wind or soaking by rain or snow or accessibility to animals." Article IV, 216-5, Section C, states that "Said receptacle shall not be allowed to overflow or in anyway become a health hazard or nuisance and shall be emptied in an approved fashion on a daily basis." Whereas: The City of Buffalo should explore all possible methods to improve its neighborhoods; Now, Therefore, Be It Resolved: That this Common Council direct the Departments of Public Works and Streets and Sanitation to undertake any and all steps that are necessary to place garbage receptacles in the Masten, Ellicott, Niagara, Lovejoy, Delaware, North.. South, University, and Fillmore Districts, with consultation of the respective district councilmembers; and Be It Further Resolved: That the Department of Street Sanitation remove the garbage from the receptacles at least one day a week, and increase garbage removal at given receptacles when necessary; and Be It Further Resolved: That the Commissioner of Streets and Sanitation provide a written report to Article 216-5, detailing the status of business compliance to the aforementioned city law; Be It Further Resolved: That the Commissioners of Streets and Sanitation provide a written report detailing the costs of providing garbage receptacles in the Masten, Ellicott, Niagara, Lovejoy, South, North, Delaware, and Fillmore districts; and Be It Finally Resolved: That responses and recommendations to the above requests be filed with the Common Council prior to 2 PM on Thursday, March 14, 1996. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF STREET SANITATION. No. 197 By: Mr. Helfer Discharge Committee on Legislation - Nat. Guard Asst. for City Res. 169, C.C.P. January 23, 1996 Whereas: The above item is currently tabled in the Committee on Legislation; and Whereas: Items related to this resolution are currently being discussed in the Committee on Community Development; Now, Therefore, Be It Resolved: That this Common Council does hereby discharge the Committee on Legislation from further consideration of this item, -and said item is now before the Council. Seconded by Mr. Coppola. Carried. Mr. Helfer now moved that the above be and the same is hereby referred to the Committee on Community Development. ADOPTED. No. 198 By: Ms. Lockwood Payment of Certain Small Claims Whereas, the Common Council, by Item No. 184, CCP., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the subject claims are eligible for consideration under the said procedure; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof; Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law: 1. Vincent J. Ruggiero Claim for prior fiscal year Acting Time pay (sixteen hours) in the Fire Department for May 8, and May 9, 1995. This has been confirmed by Fire Department Personnel. $ 49.58 2. Elizabeth Sadus Claim for reimbursement of costs incurred as the result of a City error regarding the payment of the second half of the City taxes for 82 Lombard Street. $ 52.14 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES - 13 NOES - 0 No. 199 By: Mrs. LoTempio Ordinance Amendment Chapter 120 - Bureau of Administrative Adjudication 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 120 to read as follows: Chapter 120 BUREAU OF ADMINISTRATIVE ADJUDICATION Section 120-1. Definitions. The following terms and words when used in this Article shall have the meaning and effect as follows: OWNER - Any person, corporation, partnership, firm, agency, association, lessor, organization or entity in whom the ownership, dominion, or title of the property is vested. TENANT - Any person who possesses, holds property or who has the temporary use and occupancy of the property owned by another person. RESPONDENT - Any party or entity charged with a municipal code or statutory violation within the City of Buffalo. MUNICIPAL CODE OR STATUTORY VIOLATION - Any infraction constituting a violation of the city code or a statutory provision regarding conditions that constitute a threat or danger to the public health, safety or welfare. Section 120-2. Establishment of the Bureau of Administrative Adjudication. There is hereby created an administrative tribunal to be known as the "Bureau of Administrative Adjudication" to have jurisdiction to hear and determine charges of municipal code violations or statutory violations and fee disputes that constitute a threat or danger to the public health, safety or welfare. Section 120-3. Officers. The head of such Bureau of Administrative Adjudication shall be the director and chief administrative law judge and shall have all the powers of an administrative law judge conferred by Section 381 of Article 14-BB of the general municipal law and shall perform all duties specified thereunder. The director shall be appointed by the mayor for term of five years, subject to confirmation by the common council. Section 120-4. Administrative Law Judges. A. The director shall appoint administrative law judges who shall be attorneys admitted to practice in the state of New York for at least three (3) years and shall have such other qualifications as may be prescribed by the director. B. An administrative law judge shall not participate in any proceeding to which he or she is a party, in which he or she has been an attorney, counsel or representative, if he or she is related by consanguinity or affinity to any party to the controversy within the sixth degree or where such participation is otherwise prohibited by law. C. Administrative law judges shall ensure that all hearings are conducted in a fair and impartial manner. Section 120-5. Powers and Duties of Bureau. The Bureau of Administrative Adjudication shall have the following functions, powers and duties-. A. To accept pleas and to hear and determine charges of code or statutory violations that constitute a threat or danger to the public health, safety or welfare. Further, the Bureau may conduct hearings with regard to fee disputes including, without limitation, excessive avoidable alarms and excessive property inspections or any other fee disputes that the director deems appropriate. B. To provide for penalties other than imprisonment for code or statutory violations in accordance with a schedule of monetary fines and penalties; provided however, monetary penalties shall not exceed the maximum amount allowed by city court or any other court. Further, such penalties and fines shall become effective forty-five (45) days after the first Council meeting at which they appear on the agenda as an item of business, during which period the Council may either disapprove or modify them. C. To adopt rules and regulations, not inconsistent with any applicable provision of law, to carry out the purposes of Article 14-BB of the general municipal law, including but not limited to, rules and regulations prescribing the internal procedures and organization of the bureau; the manner and time of entering pleas; the conduct of hearings; and the amount and manner of payment of fines. D. To issue subpoenas to compel the attendance of persons to give testimony at hearings and to compel the production of relevant records, books, papers and other materials. E. To enter judgments of the Bureau. F. To answer within a reasonable period of time all relevant and reasonable inquires made by either a person charged with a municipal code or statutory violation or his or her attorney concerning the notice of violation served on that person. The Bureau must also furnish the person charged, upon his or her request, a copy of the original notice of violation. Failure to comply with the provisions of this subsection within thirty (30) days of such request, forwarded to the Bureau by certified or registered mail, return receipt requested, shall result in an automatic dismissal of all charges relating to that particular notice of violation upon the request of the respondent. G. To prepare and issue a notice of violation in blank to members of the police department, fire department, inspections department, street sanitation department, license office and to any other department, division or office the director deems appropriate. H. To have at least one administrative appeals panel consisting of three administrative law judges that will hear appeals from a determination made by any administrative law judge. Section 120-6. Notice of Violation, A. The notice of violation shall contain information advising the person charged of the manner and the time in which such person may either admit or deny the violation charged in the notice. Such notice of violation shall also contain a warning to advise the person charged that failure to plead in the manner and time stated in the notice may result in a default decision and order being entered against such person. Every notice of violation shall identify the provision of law charged; shall set forth the factual bases for the violation; shall state whether the facts set forth therein are known personally to the issuing officer; and if the facts are not so known, the notice of violation shall identify the source of knowledge of such facts. Where the notice of violation does not contain this information, it shall be dismissed at the request of the respondent or the administrative law judge may dismiss the notice of violation upon her or his own motion. B. The original or a copy of the notice of violation shall be filed and retained by the Bureau and shall be deemed a record kept in the ordinary course of business. C. The notice of violation or copy thereof when prepared and served shall constitute notice of the violation charges, and if sworn to or affirmed shall be prima facie evidence of the facts contained therein, D. A notice of violation shall be served personally upon the owner of the property or served upon a "person of suitable age and discretion" at the owner's actual place of business, dwelling place or usual place of abode and then mailed to the owner's "last known residence". If service of the notice of violation cannot be made after a showing of due diligence then the notice can be affixed to the door of one of the above named places and a copy of the notice of violation shall be mailed to the owner's last known residence, except that: (1) service of the notice of violation may be made by delivering such notice to a person employed by the person charged (a) to work on the premises the occupancy of which caused such violation, or (b) at the premises at which the person charged actually conducts the business the operation of which gave rise to the violation, or (c) at the site of the work with respect to which the violation occurred, or (d) at the place at which the violation occurred; (2) service of a notice of violation may be made by certified mail, return receipt requested and (3) service of a notice of violation of any code or ordinance relating to the prevention of noise pollution caused by an audible motor vehicle burglar alarm or relating to the parking, stopping or standing of a motor vehicle may be made upon the owner of such motor vehicle by affixing such notice to such vehicle in a conspicuous place. Service of the notice of violation upon a corporation shall be made by serving the secretary of state or by serving an officer of the corporation or any other agent authorized by appointment or by law to receive service or pursuant to paragraph "D(1)" of this section. E. The Bureau shall not enter any final decision or order unless the notice of violation shall have been served in the manner prescribed by law and/or as prescribed in the foregoing paragraph. F. Proof of service made pursuant to this Article shall be filed with the Bureau. Where service is made by certified mail pursuant to paragraph "D" of this section proof of service shall include the return receipt evidencing receipt of the notice served by mail. Service shall be complete ten (10) days after such filing. G. Where service of the notice of violation is not made in a manner authorized by law for the violation charged, it shall be dismissed at the request of the respondent or the administrative law judge may dismiss the notice of violation upon her or his own motion. Section 120-7. Methods of pleading and payment of fines. A. A plea shall be entered within eight (8) days from the date service of the notice of violation is complete. A plea may be entered in person, by an authorized representative or by ordinary mail at such location of the Bureau. The Bureau shall not reject any plea entered by mail if the postmarked date on the envelope is within eight (F,) days from the date service of the notice of violation was complete. Failure of the respondent to answer within eight (8) days will subject the respondent to additional penalties. B. Pleas by mail shall be made in the following manner: (1) Entering the desired plea on the back of the notice of violation; (2) Entering the name and address in the space provided on the plea form; (3) Signing the plea form; and (4) Mailing the notice of violation with the plea form completed to the mailing address stated on the notice of violation. C. A plea of guilty shall be accompanied by a check or money order (not cash) for the payment in fall of the scheduled fine. D. The respondent pleading "not guilty" or "guilty with an explanation" may request a hearing. This shall be done at the time of pleading by completing the reverse side of the notice of violation according to the instructions thereon or by completing the "request for hearing" form provided by the clerk at the Bureau. E. If a plea of "not guilty" or "guilty with an explanation" is made in person, an immediate hearing may be conducted upon the request of the respondent. The hearing will only be conducted if it is convenient to the Bureau. F. Upon receipt of the notice of violation with a plea of "not guilty" or "guilty with an explanation", the Bureau shall advise the respondent in person or by first class mail of the date, time and place of the hearing. The Bureau reserves the night to set the date, time and place of the hearing. G. Where a respondent has failed to plead within the time allowed by the rules of the Bureau or has failed to appear on the designated hearing date or subsequent date following an adjournment or fails to comply with the determination of the administrative law judge, such failure to plead or appear or comply shall be deemed for all purposes to be an admission of liability and shall be grounds for rendering a default decision and order imposing a penalty up to the maximum amount prescribed under rules and regulations of the Bureau for the violation charged. H. Any final order of the Bureau imposing a civil penalty, whether the adjudication was had by hearing or upon default or otherwise, shall constitute a judgment rendered by the Bureau against the respondent which may be entered in the city court or other equivalent court of the municipality or any other place provided for the entry of civil judgments within the state, and may be enforced against the respondent and his, her or its property without court proceedings in the same manner as the enforcement of money judgments enter in civil actions; provided however, that no such judgment shall be entered which exceeds the jurisdiction of such city court or other court. I. A default decision and order may be opened within one (1) year of its entry upon written application showing excusable default and a defense to the charge. A default decision and order may thereafter be opened in the discretion of the director only upon written application showing excusable default, a defense to the charge, and good cause for the delay. J . Before a judgment based upon a default may be so entered, the Bureau must have notified the respondent by first class mail in such form as the director may require; (1) of the default decision and order and the penalty imposed; (2) that a judgment may be entered in the city court of other equivalent court of the municipality or any other place provided for the entry of civil judgments within the state of New York; and (3) that entry of such judgment may be avoided by requesting a stay of default for good cause shown and either requesting a hearing or entering a plea pursuant to the rules of the Bureau with thirty days of the mailing of such notice. Section 120-8. Schedule of fines and penalties. A. The schedule of fines and penalties shall be as provided in Chapter 137, Code Enforcement, Article 1, B. Additional penalties. Penalties shall be added to the fine for late payment as follows: (1) eight (8) days after service of notice of violation is complete, the original fine will double; and (2) after default judgment is entered, the original fine will double again to the maximum amount. Section 120-9. Hearings. A. All hearings shall be held in the City of Buffalo at such place as the director shall designate from time to time. Hearings shall be held at least once per month. B. All hearing shall be held from 9:00 a.m. to 4:00 p.m., except on Saturdays, Sundays and legal holidays, or at such other time designated by the director. C. Every hearing for the adjudication of a charge of a violation shall be held before an administrative law judge or the chief administrative law judge. All hearings shall be public unless the respondent requests that the hearing be closed to the public. The respondent may be represented by legal counsel. The administrative law judge shall not be bound by the rules of evidence except rules relating to privileged communications. No charges may be sustained except upon proof by substantial evidence. All testimony shall be given under oath or affirmation. D. A record shall be made of every hearing either by stenographic recordings or by mechanical or electronic methods as the director shall determine. A transcript of such record shall be supplied to a respondent upon application and upon the payment of a fee as provided in the rules and regulations of the Bureau and Chapter 175, Fees. The administrative law judge may, in his or her discretion or at the request of the respondent, on a showing of good cause and need thereof, subpoena the attendance of witnesses, including the issuing officer, and the production of relevant books, records or other information. E. In the case of a refusal to obey a subpoena, the Bureau may make application to a court competent jurisdiction for an order requiring such appearance, testimony or production of evidence. F. The Bureau may, with or without the respondent's request or consent, consolidate for hearing or appeal one (1) or more charges pending against such respondent. An adjournment may be requested by the respondent (up to twenty-four (24) hours) prior to the hearing, but not more than two (2) adjournments shall be granted except under extraordinary circumstances which the director shall determine. Section 120-10. Decisions and judgments. A. The administrative law judge shall make final findings of fact and a final determination or order. All findings of fact, decisions, determinations and orders shall be rendered in an expeditious manner. B. A final determination or order of the Bureau imposing a civil penalty shall constitute a judgment and a record showing payment or nonpayment of penalties. A copy of such judgment record or transcript thereof may be filed in the office of the clerk of the City of Buffalo and/or in the office of the clerk of the County of Erie or in such other county wherein the respondent resides or is employed. C. Where any final decision or order may not be entered and enforced as a judgment because the amount of civil penalty exceeds the jurisdictional amount of the city court or other equivalent court of the municipality, with respect to actions and proceedings for the recovery of money, such decision or order may be enforced by the commencement of an action or proceeding for the recovery of such civil penalties in a court of competent Jurisdiction by the municipality. Section 120-11. Appeals. A. There shall be one or more administrative appeals within the Bureau. Each panel shall consist of three administrative law judges. In no event shall the administrative law judge from whom such appeal of a decision, determination or order is taken be included in the panel determining such appeal. The appeals panel shall have the power to review the record and the findings of the administrative law judge and may reverse, modify or remand any such decision determine or order appealed therefrom, B. A respondent may appeal on the facts and/or the law, a final decision, final determination or final order. No appeal may be made where a plea of "guilty" or "guilty with an explanation" was entered by the respondent at the hearing. C. Upon rendering a decision, making a final determination or issuing a final order, the administrative law judge shall provide the respondent with a form notice of appeal and shall explain to such party on the record (1) the method of filing the notice of appeal and time limits; (2) the requirements of paragraph E of this section concerning the payment of penalties and posting of bonds pending appeal, including the right to request exemption therefrom; and (3) that no further court challenge is permitted by law unless an administrative appeal is taken. D. For good cause shown, the administrative appeals panel may permit the filing of a notice of appeal after the thirty day period. E. No appeal of a decision, determination or order of an administrative law judge imposing civil penalties shall be decided unless such civil penalties are paid or a cash or recognized surety company bond shall have been posted in the amount of such civil penalties. No such payment or posting of such bond shall be required where the respondent is the holder of a current license or permit for the operation of a business issued by an agency of officer of the city. Upon a showing of undue hardship or where justice may require, the administrative law judge who decided the case or appellate panel to which the appeal is assigned may order that the appeal shall be decided without requiring such payment or posting of such bond. F. The determination of the appeal panel shall be rendered within ninety (90) days after the submission of all relevant papers to the panel. The determination of the appeals panel shall be the final determination of the Bureau for the purposes of judicial review. Judicial review may be sought pursuant to Article 78 of the Civil Practice Law and Rules. 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 PASSED. AYES- 13 Noes - 0 No. 200 By: Mrs. LoTempio Ordinance Amendment Section 137 Schedule of Fines and Penalties The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 137 Code Enforcement, Section 7 Schedule of Fines and Penalties of the Code of the City of Buffalo be amended to read as follows: Fine Initial Additional Maximum FINE CLASS B $30.00 $30.00 $30.00 $90.00 [* Prohibited Storage & Accumulation - Chapter 103 - Section 56] [* Orders to Eliminate Dangerous Conditions - Chapter 103 - Section 18] Fine Initial Additional Maximum FINE CLASS C $52.50 $52.50 $52.50 $157.50 [* Open Burning - Chapter 66 - Section 19] Fine Initial Additional Maximum FINE CLASS AA $50.00 50.00 $50.00 $50.00 * Means of Egress-Part 1162-State Uniform Fire Prevention and Building Code * Fire Safety Safeguard-Part 1191-State Uniform Fire Prevention and Building Code * Flame Producing Devices-Part 1192-State Uniform Fire Prevention and Building Code * Fire Safety Signs & Instruction-Part 1194-State Uniform Fire Prevention and Building Code * Fire Safety Training-Part 1195-State Uniform Fire Prevention and Building Code * Permits-Chapter 103-Section 26 * Standpipe Systems-Chapter 103-Section 32 *Elevator Safety-Chapter 103-Section 33 *Sprinklers in Basement-Chapter 103-Section 34 * Removal or Proper Storage Required-Chapter 103-Section 41 * Prohibited Storage & Accumulation-Chapter 103-Section 56 * Prohibited Location of Water Heaters-Chapter 103-Section 57 Fine Initial Additional Maximum FINE CLASS BB $100.00 $100.00 $100.00 $300.00 * Vacant Buildings or Structure-Part 1154-State Uniform Fire Prevention and Building Code * Fire Department and Emergency Service Access-Part 1161-State Uniform Fire Prevention and Building Code * Combustible Fibers-Part 1172-State Uniform Fire Prevention and Building Code * Fire Safety Equipment-Part 1193-State Uniform Fire Prevention and Building Code * Fire Department Notification-Part 1196-State Uniform Fire Prevention and Building Code * Code Enforcement Official Notification-Part 1196-State Uniform Fire Prevention and Building Code *Orders to Eliminate Dangerous Conditions-Chapter 103-Section 18 *Self Service Gasoline-Chapter 103-Section 27 *Height Occupancy Limits on Frame Dwellings-Chapter 103-Section 31 *Willfully Contributing to Production of Fire-Chapter 103-Section 39 *Storage of Combustible Materials-Chapter 103-Section 42 *Seizure of Fireworks - Chapter 103 - Section 52 *Prohibited Uses of Flammable Liquids (Sleeping Quarters) - Chapter 103 - Section 55 *License or Permits Required for Liquified Petroleum Gas - Chapter 266 - Section 3 *Smoke Detectors - Chapter 395 Fine Initial Additional Maximum FINE CLASS CC $150.00 $150.00 $150.00 $450.00 *Equipment & Systems - Part 1163 - State Uniform Fire Prevention and Building Code *Special Property Use or Conditions - Part 1164 - State Uniform Fire Prevention and Building Code * Dust - Part 1173 - State Uniform Fire Prevention and Building Code * Material for Welding & Cutting- Part 1178-State Uniform Fire Prevention and Building Code *Fruit Ripening Gas-Part 1180- State Uniform Fire Prevention and Building Code *Matches- Part 1181 - State Uniform Fire Prevention and Building Code * Powder Coatings - Part 1182 - State Uniform Fire Prevention and Building Code * Solid Fuel Burning Devices - Part 771.4 (j)(5)-State Uniform Fire Prevention and Building Code * Fire Bombs - Chapter 103 - Section 53 * Open Fires - Chapter 66 -Section 19 * Open Burning - Chapter 119 - Section 1 * Licenses - Chapter 263 - Sections 4 through 22 * Flammable Liquids - Chapter 186 Fine Initial Additional Maximum FINE CLASS DD $250.00 $250.00 $250.00 $750.00 * Flammable & Combustible Liquids - Part 1171 - State Uniform Fire Prevention and Building * Dangerous & Unsafe Buildings-Part 1153- State Uniform Fire Prevention and Building Code * Compressed gases - Part 1175 - State Uniform Fire Prevention and Building Code *Fireworks - Part 1177 - State Uniform Fire Prevention and Building Code * Fumigants & Thermal Insecticide Fogging Liquids - Part 1179 - State Uniform Fire Prevention and Building Code * Magnesium - Part 1183 - State Uniform Fire Prevention and Building Code * Organic Coatings -Part 1184 - State Uniform Fire Prevention and Building Code * Organic Peroxides - Part 1185 - State Uniform Fire Prevention and Building Code. * Cryogenic Liquids - Part 1186 - State Uniform Fire Prevention and Building Code * Cellulose Nitrate (Pyroxylin) Plastics - Part 1187 - State Uniform Fire Prevention and Building Code *Cellulose Nitrate Motion Picture Part 1188 - State Uniform Fire Prevention and Building Code Fine Initial Additional Maximum FINE CLASS EE $500.00 $500.00 $500.00 $1500.00 * Hazardous Materials - Part 1174 - State Uniform Fire Prevention and Building Code * Explosives, Ammunition & Blasting,, Agents - Part 1176 - State Uniform Fire Prevention and Building Code It is hereby certified, pursuant to Section 34 of the Charter of the city of Buffalo 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. PASSED. AYES- BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA WILLIAMS, ZUCHLEWSKI- 12 NOES- COPPOLA- 1 No. 201 By: Mrs. LoTempio Ordinance Amendment Chapter 263 -Licenses The Common Council of the City of Buffalo does hereby ordain as follows-. That Section 263-12 of Chapter 263 of the Code of the City of Buffalo be amended to read as follows: (2) When an alarm device or system has activated three avoidable alarms during a permit year, the Director of Housing and Inspections shall notify the alarm owner and the owner of property monitored by such alarm device or system in writing, by means of first class mail sent to the address listed on the permit application and to the address to which an emergency response was required, respectively. Such notice shall inform the alarm owner and owner of property monitored by an alarm device or system that additional avoidable alarms will be deemed excessive avoidable alarms subject to an excessive use fee as provided in this section. Such notice shall specify the fee schedule for successive excessive false alarms, and shall state that excessive use fees will be billed to the address listed on the permit application and to the address at which an emergency response was required in the event of additional false alarms within the year. Such notice shall also state that in the event the alarm owner or owner of property monitored by an alarm device or system fails to pay any excessive use fee within 90 (ninety) days after the initial billing, the excessive use fee shall be subject to collection by the Division of Collections and in addition shall be assessed against the property as a local assessment in accordance with Articles 28 and 29 of the Charter of the City of Buffalo (5) The fee for any excessive false alarm shall be billed to the alarm owner and/or owner of the property monitored by an alarm system or device by means of a first class mail. Any such billing shall specify the date and time of each avoidable alarm occurrence leading to and including any deemed to be an excessive avoidable alarm. In the event on nonpayment within ninety (90) days after the initial billing of such excessive alarm occurrence, the excessive use fee shall be subject to collection by the Division of Collections and in addition shall be assessed against the property in the manner provided by Article 29 of the Charter for local assessments. 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, PASSED. AYES- 13 NOES - 0 No. 202 By: Mrs. LoTempio Home Rule Message - S.6001 I A. 8691 "An Act to amend the real property actions and proceedings law, in relation to foreclosure of a mortgage in cities with a population of 300,000 or more" Whereas: There has been introduced in the New York State Legislature Senate Bill S.6001 and Assembly Bill A. 8691 "An Act to amend the real property actions and proceedings law, in relation to foreclosure of a mortgage in cities with a population of 300,000 or more"; and Whereas: The purpose of this Bill is to provide for the payment of taxes and other municipal liens out of the proceeds of a mortgage foreclosure sale. The existing legislation provides for such mandated payments in cities having a population over one million; and Whereas: This Act amends Section 1354 (2) of the Real Property Actions and Proceedings Law to require the payment out of the proceeds of a foreclosure of all taxes, assessments and water rates which are liens on the property sold. The Bill also provides that in cities having a population in excess of 300,000 any liens or encumbrances placed by a city agency, which have priority over a foreclosed mortgage, shall be paid out of the proceeds of a sale; Whereas: In light of ever increasing financial constraints, this legislation is particularly beneficial because it enables local governments to pursue revenues already owed to the municipality; Now, Therefore, Be It Resolved: That the city of Buffalo hereby requests the enactment into law of Senate Bill S.6001 and Assembly Bill A. 8691 "An Act to amend the real property actions and proceedings law, in relation to foreclosure of a mortgage in cities with a population of 300,000 or more"; and Be it Further Resolved: That the City Clerk is hereby authorized and directed to certify passage of this resolution and to send copies thereof to the Home Rule Counsel of the Senate and the Assembly and to the members of the Western New York delegation of the State Legislature. ADOPTED. No. 203 By: Mr. Pitts Oppose Elimination of NYS Occupational Safety & Health Training and Education Grant Program Whereas: New York State Governor George Pataki has proposed, through the introduction of an Article VII Bill to amend the budget, and the New York State Legislature is considering (Assembly Bill A.8407; Senate Bill S. 5600) the elimination of the New York State Occupational Safety & Health Training and Education Program; and Whereas: Since 1986, OSH T&E Programs have directly trained over 600,000 workers, supervisors, and employers; responded to over 350,000 requests for technical assistance; provided 800 pieces of educational videos, manuals, and training curricula; and indirectly trained hundreds of thousands of others through train the trainer programs; and Whereas: The various training and education programs respond to a real need for a preventive approach to occupational injury and disease. In fact, the program is credited with helping to reduce the State's workplace injury and disease rate, which now measures 6 per 100 workers as compared to the national rate of 8.5 per 100; and Whereas: In Western New York alone, 10 businesses, 2 business organizations, 4 not-for-profits, 2 unions, and 4 government entities received OSH T&E Program Grants in 1996. Additionally, the city of Buffalo is committed to participating in a major OSH T&E Program funded initiative to reduce injuries in the Street Sanitation, Parks, and Public Works Departments; and Whereas: Workplace hazards continue to be a major cause of disabling injuries, illnesses, and death in New York State, with annual tallies including 180 deaths from workplace accidents, 35,000 new cases of occupational disease, and between 5,000 and 7,000 deaths from occupational diseases - the fourth leading cause of death in the state; and Whereas: The Governor's proposal to eliminate the program by June, 1996 will negatively impact on both the program and those who benefit from it; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo formally states its opposition to A. 8470 and S. 5600 which would eliminate the Occupational Safety & Health Training and Education Grant Program, a highly effective program that helps prevent occupational illness and disease and is reducing compensation claims; and Be it Further Resolved: That the City Clerk certify passage of this resolution and forward copies thereof to Governor Pataki, Labor Commissioner Sweeney, Senate Labor Chair Spano, Assembly Labor Chair Nolan, Senate Majority Leader Bruno, and the Western New York Delegation to the New York State legislature. ADOPTED. No. 204 By: Mr. Pitts Task Force to Retain Mentholatum Whereas: Mentholatum Co. Inc., a company that has been based in Buffalo for more than 90 years, is planning to build a new $30 million headquarters and manufacturing complex; and Whereas: While Mentholatum is considering a site in Grand Island, it is also seriously looking at locations in New Jersey, North Carolina, and suburban Philadelphia; and Whereas: State and local officials have made efforts to encourage Mentholatum and its Japanese-based parent, Rohto Pharmaceuticals, to locate this new complex in Western New York; and Whereas: It is vital to the area's economy that Mentholatum remain in Western New York, and local officials should develop a coordinated approach that will enable this community to make the strongest possible case to convince the company to stay in this region; Now, Therefore Be It Resolved: That this Common Council request that representatives of the City, County, Erie County Industrial Agency, Western New York Economic Development Corporation, and New York State Department of Economic Development establish a task force designed to ensure that Mentholatum will build its new headquarters/manufacturing complex in Western New York; and Be It Further Resolved: That the City Clerk be directed to forward certified copies of this resolution to all of the entities requested to participate in the task force. ADOPTED. No. 205 By: Mr. Pitts Study Re-Use of Memorial Auditorium as a Children's Museum Whereas: There has been much discussion in recent months about what will happen to Memorial Auditorium once the Marine Midland Arena begins operations; and Whereas: Many concepts have been put forward for adaptive re-use of this facility,- and Whereas: One of the more intriguing ideas is to convert the building into a "Children's Museum;" and Whereas: Such museums are operating in cities such as Boston, Philadelphia and Toronto, and they combine education and recreation with a variety of hands-on experiments, exhibits and activities that entertain and inform the young and old; and Whereas: While some other proposed uses for the And might be difficult to achieve in light of financial and engineering considerations, it appears that it could be converted to a Children's Museum is a practical alternative; and Whereas: A Children's Museum would only be a tremendous boost for the economy of the central business district, but it would provide a unique attraction that would draw families from throughout this area into downtown Buffalo; Now, Therefore Be It Resolved: That this Common Council request that the Department of Community Development, Development Downtown Inc., and the Stadium and Auditorium Board to explore the feasibility of re-using Memorial Auditorium as a Children's Museum, and report its findings back to this Honorable Body. ADOPTED. No. 206 By: Mr. Pitts : Request for update on Contract Agreement with North AmeriCare Park Whereas: The Corporation Counsel sent a certified letter to Pilot Air Freight Corporation terminating the Agreement and all of Pilot Air Freight Corporation's naming rights under the Agreement effective December 31, 1994; and Whereas: On June 30, 1995 it was publicly announced that the City had sold the naming rights to the downtown stadium to North American Health Plans; and Whereas: The rationale for selling the naming rights to the downtown park was to secure non-tax revenue funds to guarantee successful operation of the ball park without using general city revenues; and Whereas: To date, this Common Council has not seen nor reviewed a signed contract for the naming rights for North Americare Park; and Whereas: Ironically, the proposed operating budget for the ballpark includes revenues from the naming rights agreement, which has not yet been formalized with an approved contract. Now, Therefore, Be It Resolved: That this Common Council requests that the Corporation Counsel file a full report detailing the current status of the naming rights agreement with North American Health Plans and the status of the contract for those rights. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 207 By: Mr. Pitts Movement of the Outfield Fence at North AmeriCare Park Whereas: The Buffalo Bisons wanted to move the outfield fence at North AmeriCare Park in order to increase the number of home runs hit so that more excitement would be generated at their games, thus increasing attendance; and Whereas: The Common Council was told on February 27, 1996 by Michael Masiello, Director of the Stadium and Memorial Auditorium, that in December of 1995 he and the Bisons entered into a handshake agreement whereby the Bisons would undertake to move the fence and to pay for the cost of moving it, because the work was not routine maintenance that the City should have to pay for as owner of the Park; and Whereas: The Bisons hired a contractor who has completed approximately 80 % of the work on moving the fence, which is estimated to cost $40,000.00; and Whereas: The Bisons sent a letter to Michael Masiello in January stating that they would withhold the cost of moving the fence from their payment to the City of the ticket surcharge collected by the Bisons on the tickets they sell; Now, Therefore, Be It Resolved: That the Buffalo Bisons and the Director of the Stadium and Memorial Auditorium shall submit to the Common Council a written report explaining: 1) who made the decision to move the fence; 2) how the contractor who is doing the work was selected; 3) whether the City's affirmative action policies were followed in the selection of the contractor; 4) what the cost of the work will be; 5) what the lease between the City and the Bisons says about who shall pay for the costs of repairs at North AmeriCare Park- 6) what the terms of the handshake agreement were; and 7) who negotiated and entered into the handshake agreement; and Be It Further Resolved: That the City Clerk forward a certified copy of this Resolution to Michael Buczkowski, Buffalo Bisons General Manager, PO Box 450, Buffalo, NY 14205. REFERRED TO THE COMMITTEE ON FINANCE, BOARD OF STADIUM AND MEMORIAL AUDITORIUM AND THE BUFFALO BISONS . No. 208 By: Mr. Pitts Initiate Review of Cable TV Rate Adjustment Whereas: TCI of NY Inc. has notified the City of Buffalo that it intends to submit a filing for a proposed rate adjustment with the implementation date of June 3, 1996; and Whereas: The actual filing should be received by the City on or about March 4, 1996; and Whereas: The proposed adjustment will utilize a new methodology developed by the Federal Communications Commission; and Whereas: The City of Buffalo is responsible for reviewing and approving any adjustments to rates for basic service; Now, Therefore Be It Resolved: That this Common Council formally notify TCI of New York that it will commence a review of TCI's rate filing, and reserves all of the rights to which it is entitled. PASSED. AYES- 13 NOES - 0 No. 209 By: Messrs. Pitts and Czajka and Mrs. Lockwood Urge Completion of Habitat Restoration Projects Along the Buffalo River Whereas: On February 10, 1996 this Council held a hearing on the Buffalo River that gathered testimony from many of the individuals and agencies that have been playing a role in the restoration and reuse of the river; and Whereas: One of the more impressive efforts described in that meeting is the Buffalo River Fish and Wildlife Habitat Restoration Demonstration Project - a project that has involved cooperation from a number of entities including Erie County, the US Fish and Wildlife Service, the NYSDEC, the USEPA, the US Army Corps. of Engineers and the city of Buffalo; and Whereas: Two city-owned sites - the foot of Smith Street and the Bailey Avenue triangle where the Buffalo and Cazenovia Creeks meet to form the Buffalo River - are scheduled to be part of this project; and Whereas: As proposed, the restored areas will provide fish and wildlife habitat along with passive recreation for people; and Whereas: Under the arrangement that has been negotiated to date, it is proposed that the county take over the two city-owned sites; and Whereas: This project involves some important steps including the County taking responsibility for a regional asset in the city, the city cooperating with the county in consolidating a parks/public access function, and one of the first actions by local governments to restore a beneficial use to the river as recommended in the Buffalo River Remedial Action Plan; Now, Therefore, Be It Resolved That: This Council commends the cooperation shown to date on the Buffalo River Fish and Wildlife Habitat Restoration Demonstration Project and requests the involved parties, including the Department of Community Development, to complete this project expeditiously so the public can enjoy its benefits as soon as possible; and Be It Further Resolved That; This Council directs the City Clerk to send certified copies of this resolution to the above named agencies that have been working on the Buffalo River Fish and Wildlife Habitat Restoration Demonstration Project. ADOPTED. No. 210 By: Mr. Zuchlewski Cost Estimate for demolition of Memorial Auditorium Whereas: With the anticipated opening of the new Marine Midland Arena scheduled for the fall of 1996, the fate of the existing Memorial Auditorium remains unclear; and Whereas: Various suggestions have been proposed, yet none have been designated as a course of action; and Whereas: One obvious option to explore is the demolition of the structure to make way for any new development opportunities; and Whereas: An updated estimate of the cost to demolish is needed; Now, Therefore, Be It Resolved: That this Common Council request that the Departments of Neighborhoods, Housing and Inspections and Community Development submit responses to this Honorable Body projecting an estimated cost for the demolition of Memorial Auditorium; and Be it Further Resolved: That these responses be filed with the Council prior to 2 PM on Thursday, March 14, 1996. ADOPTED. AYES- BROWN, CZAJKA, HELFER, KAVANAUGH, LOTEMPIO, WILLIAMS, ZUCHLEWSKI - 7 NOES- COPPOLA, FRANCZYK, GRAY, LOCKWOOD, PITTS, QUINTANA-6 No. 211 By: Mr. Zuchlewski Banners -Celebrating Calade r Exhibition Whereas: The Albright-Knox Art Gallery will be promoting the Celebrating Calader exhibition, and Whereas-. The collection will be on display at the Gallery from March 9th through May 5th, and Whereas: The Marketing Manager of Albright-Knox Art Gallery would like permission to install street banners to promote this collection, and Whereas: This request would be for the months of March, April and the beginning of May in which the banners will be removed on May 6th, and Whereas: The requested localities of these banners is on Elmwood near Forest from light pole 91 138 and attached to the light pole directly across the street and in Niagara Square attached to light pole #34 to light pole #3, and Now, Therefore, Be it Resolved: That the Albright-Knox Art Gallery be granted permission to hang both banners across the aforementioned localities from March 6, 1996 through May 6, 1996. PASSED. AYES - 13 NOES - 0 No. 212 By Mr. Zuchlewski Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by members of the Common Council as indicated: Felicitation for Edmund D. Zuchlewski By Councilmember Pitts ADOPTED. No. 213 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 same with the City Clerk: Carol A. Ullrich Brenda Roman Lynn Lee Gregory A. Luka ADOPTED. No. 213 By: Mr. Zuchlewski Appointments Commissioner 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: Anthony Alessi Joseph Grega Ruby Griffin David R. Lopez John J. Meegan ADOPTED. UNFINISHED BUSINESS No. 215 Local Law Intro. 12 (1996) - Sal. Bd. of Ed. (Item #217, C.C.P., Feb. 20, 1996) Mrs. Lotempio moved that the above item be taken from the table. Seconded by Ms. Kavanaugh. CARRIED. Mrs. Lotempio now moved that the above item be approved. Seconded by Ms. Kavanaugh. Mrs. LoTempio made a motion to approve said item. Seconded by Mrs. Kavanaugh. Mr. Coppola moved to amend said motion to receive and file. Seconded by Mr. Pitts. LOST AYES- COPPOLA, CZAJKA, GRAY, HELFER, PITTS, WILLIAMS- 6 NOES- BROWN, FRANCZYK, KAVANAUGH, LOCKWOOD, LOTEMPIO, QUINTANA, ZUCHLEWSKI- 7 Mrs. LoTempio now moved her original motion to approve said item. Seconded by Mrs. Kavanaugh. PASSED. AYES- BROWN, FRANCZYK, KAVANAUGH, LOCKWOOD, LOTEMPIO, QUINTANA, ZUCHLEWSKI- 7 NOES- COPPOLA, CZAJKA, GRAY, HELFER, PITTS, WILLIAMS- 6 AYES- BROWN, FRANCZYK, KAVANAUGH, LOCKWOOD, LOTEMPIO, QUINTANA, ZUCHLEWSKI- 7 No. 216 Announcement Of Committee Meetings The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City hall, Buffalo, New York, unless otherwise noted. Regular Committees Civil Service Tuesday, March 12, 1996 9:30 A.M. Finance Tuesday, March 12, 1996 - following Civil Legislation Tuesday, March 12, 1996 2:00 P.M. Comm. Dev. Wednesday, March 1.3, 1996, 10:00 A.M. Education Wednesday, March 13, 1996, 2:00 P.M. No. 217 Adjournment On a motion by Mrs. LoTempio, Seconded by Mr. Coppola, the Council adjourned at 3:27 P.M. CHARLES L. MICHAUX, III CITY CLERK