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Home My WebLink About96-0402 No. 7 Common Council1 Proceedings of the City of Buffalo Regular Meeting, April 2, 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, April 2, 1996 at 2:00 P.M. PRESENT- David A. Franczyk, President Pro Tempore of the Council and Councilmembers: Brown, Coppola, Czajka, Gray, Helfer, Kavanaugh, Lockwood, LoTempio, Quintana, Williams and Zuchlewski- 12. ABSENT- Council President James Pitts (Acting Mayor) On a motion by Mrs. LoTempio, seconded by Mr. Czajka, the minutes of the stated meeting held on March 19, 1996 were approved.Seconded by Mr. Czajka. FROM THE MAYOR No. 1 Veto Message - Local Law Intro. No. 2 - Salary of Board of Education Members Item No. 215, C.C.P. 3/5/96 The above referenced item would amend Article 24 of the Charter of the City of Buffalo by raising the annual salary from five thousand dollars ($5,000) to ten thousand dollars ($10,000) per year for each member of the elected Board of Education. There has been much controversy and debate over the method employed by the School Board in voting for this raise with little or no public discussion at a meeting in December 1995. Subsequent to that meeting, the Common Council was requested to amend Article 24 of the City Charter to formalize this increase in salary. While a raise to School Board members may be justified, this raise should have been subjected to a more public review by the citizens of the City of Buffalo. Pay raises for the other elected city officials -- the Mayor, Comptroller, Council President, and Councilmembers -- are reviewed by a Citizens Salary Review Commission. All raises to city elected officials, including School Board Members, should be scrutinized in a thorough public review as is done by the Salary Review Commission. Therefore, I am returning this item without my approval. I further request that the issue of raises for School Board Members be referred informally this year to the Citizen Salary Review Commission for a recommendation to be included in their May I report for salaries of other elected city officials. In addition, I am in total agreement with and support the intent of Councilmember Czajka's Resolution 182, C.C.P. 3/5/96 which requests a Charter amendment to formally include the salary of School Board members in the biennial process completed by the Citizen Salary Review Commission. Mrs. LoTempio moved to refer said item to the Education Committee. Mr. Coppola moved to amend and sustain the Mayor's veto on salary increase for the Board of Education members; second by Mr. Helfer LOST. AYES - COPPOLA, CZAJKA, GRAY, HELFER, WILLIAMS, ZUCHLEWSKI- 6 NOES - BROWN, FRANCZYK, KAVANAUGH, LOCKWOOD, LOTEMPIO, QUINTANA - 6 Mrs. LoTempio now moved her original motion to refer said item to the Education committee; second by Mr. Brown. ADOPTED. AYES- BROWN, FRANCZYK, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, QUINTANA, ZUCHLEWSKI- 8 NOES - COPPOLA, CZAJKA, GRAY, WILLIAMS- 4 No. 2 Appointment of Members to the Board of Appeals and Designation of Chairman of the Board Pursuant to the powers vested in me by Chapter 51 1, Section 121, Article XXIV of Part 11 of the Code of the City of Buffalo, I hereby appoint the following individuals as members of the Zoning Board of Appeals: Anthony N. Diina 193 Huntington Avenue Buffalo, N.Y. 14214 Mr. Diina is an Assistant Professor of Marketing-Canisius College-School of Business Administration and has an MBA from Canisius College. He is owner, operator and President of RJD Security, Inc. He is a very active member in various community organizations, such as American Society for Industrial, Buffalo Urban League, Security; Crime Prevention Officers Association, Catholic Charities, March of Dimes, etc. He has, been an advisor to the transition committees of Governor Cuomo, County Executive Gorski, Mayor Masiello and County Controller Nancy Naples. Anthony Diina is replacing Luis E. Irene who has resigned. His term is effective immediately and will expire on March 11, 1999. He is replacing Luis E. Irene who has resigned. Warren F. Glover 17 Newport Avenue Buffalo, N.Y. 14216 Mr. Glover is a graduate of the University of Buffalo and a Masters-degree from Canisius College. He is in the construction business, doing business as Northern Construction. He taught mathematics in the Buffalo Public Schools from 1965 to 1970. He is a member of various organizations, such as the Buffalo and Erie County Historical Society, Preservation Coalition of Erie County, Landmark Society of the Niagara Frontier, etc. Warren Glover is replacing Sheila Diebold whose term expired March I 1, 1996. The Mayor is designating Rev. James Lewis, presently a member of the Board of Appeals, as Chairman of the Board. I hereby certify that the above named individuals are fully qualified to serve as members of the Zoning Board of Appeals. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 3 Appoint Members -Citizens Salary Review Commission Pursuant to the powers vested in me by Article 24, Section 452-A of the Charter of the City of Buffalo, as amended by Local Law No. 5 (1979), I hereby appoint the following individuals: Warren Galloway 111 Humboldt Parkway Buffalo, NY 14214 (term expires 12/31/96) Anthony B. Martino 280 Rivermist Drive Buffalo, NY 14202 (term expires 12/31/98). I hereby certify that the individuals listed above are fully qualified for appointment to the Citizens Salary Review Commission. For the record, Trevor M. Fuller, 112 Bidwell Parkway, Buffalo, NY, 14222, whose term. expires December 31, 1997, is a Mayoral appointment already serving on the commission. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 4 Reappointment & Appointment of Members to the Committee for Persons With Disabilities Pursuant to the powers vested in me by Section 91 of Article VI of the Charter of the City of Buffalo, as amended, I hereby reappoint and appoint the following persons as members of the Committee for Persons With Disabilities for terms expiring March 31, 1999: Reappointment: Cleta Nunn 312 Ideal Street Buffalo NY 14206 James F. Lagona Esq. 82 Saranac Avenue Buffalo, NY 14216 Dominic Marinelli 33 Leocrest Ct. W. Seneca, NY 142242 Kathy Lynch 133 Ashland Avenue Buffalo, NY 14222 Appointment: Kevin Klenk 293 Linwood Avenue Buffalo, N.Y. 14209 Mr. Klenk is a graduate of Canisius High School and Canisius College. Being disabled, he understands firsthand what the disabled are forced to go through. As a building inspector for the City of Buffalo he plans to make a difference. Kevin Klenk is replacing Donald VanAuken, whose term expired on March 31, 1996. Robert M. McPartland 47 Groveland Street Buffalo, N.Y. 14214 Mr. McPartland has a Masters degree in education from Canisius College. He is a Disabled American Veteran, and presently works for the New York State Department of Labor Disabled Veterans Outreach Program. He has performed many special assignments for the Veterans, including "Forgotten Warrior" project for Vietnam Veterans, Vietnam Veterans Leadership Program, etc. Robert McPartland is replacing Steve Wixsom, whose term expired on March 31, 1996. Joseph P. Lombardo 102 Linwood Avenue Buffalo, N.Y. 14209 Mr. Lombardo is a graduate of the State University of New York Agricultural and Technical College. He is the owner and President of Lombardo Funeral Home. He is very active in community services such as Hispanic Community Service Hispanic Women's League, Knights of Columbus, and in 1993 received an award for recognition towards those affected with Aids Hispanics United of Buffalo. Joseph Lombardo is replacing Kris Piazza, whose term expired on March 31, 1996. I hereby certify that the above named individuals are fully qualified to serve as members of the Committee for Persons With Disabilities. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 5 Walden/Sycamore Area Blight Clean Up Buffalo Res # 215 and 211, C.C.P., Feb. 20, 1996 I have read each resolution and agree with the resolved portion of each resolution. I respectfully request the opportunity to appear before the Council Committee to which the resolutions have been sent. I will gladly present an outline to help you establish a pilot program dealing with the problems stated in the resolutions. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 6 General Portland Inc. - Request to Erect a Two-Story Building and Two Silos at 575 Ohio Street Item No. 94, C.C.P., 3/19/96 The City Planning Board at its regular meeting held Tuesday. March 26, 1996 considered the matter referenced above pursuant to Section 511-67 of the Buffalo Code, the Buffalo Coastal Special Review District. The applicant seeks to construct two bulk cement transfer silos, an enclosed truck scale, and a concrete block control building with a total area of approximately 3000 square feet. These improvements will be accessory to an existing cement facility on the site. The site is located in an M2 zone which permits the expansion of such uses. The site is also within the Buffalo Coastal Special Review District. The review district mandates a 25-foot riverfront yard except where a physical need is shown which would make such a yard impractical. In this instance, the bank of the Buffalo River must be free to allow for the shipment of cement products via ship. This notwithstanding, the applicant has agreed to provide a landscaped border treatment along Ganson and Ohio Streets. Similarly, the City is currently investigating the feasibility of redesigning the intersection of these two streets to allow a greater turning radius for trucks using the facility. It should also be noted that the proposed improvements will not increase the number of trucks using the site. Under SEQR, the proposed facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the facility with the condition that a landscape treatment be provided along the Ganson Street and Ohio Street sides of the property. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BOARD OF ETHICS No. 7 Meeting Minutes The meeting was called to order at 9:00 a.m. by Judge Roberts. Mr. James Lanz was excused from this meeting due to illness. Mr. Edward D. Peace, Esq. sent Mr. Michael Risman, Deputy Corporation Counsel as his representative. Judge William J. Ostrowski agreed to serve as hearing officer at this meeting. Letters were mailed to respondents (by certified mail) who failed to Submit an accurate disclosure statement to attend this, meeting for a formal hearing. Mr. Anthony P. Constantino, Board of Stadium and Memorial Auditorium member was the first respondent to be sworn in by Judge Ostrowski. Mr. Risman pointed out to him the basis of the charge with documented evidence. It was documented that he had received complimentary tickets to Sabres, Bandit and Blizzard games and an Aud Club membership card with a total value of $3,360 which he failed to file on his 1995 and 1996 Disclosure statements. Mr. Constantino was presented with three exhibits by Judge Ostrowski to which he had nothing to say regarding the first exhibit. He did admit to receiving the free season tickets and stated he had used the Aud club card on two occasions and has now returned the tickets and Aud Club card to the mayor's office. He also denied having received the certified letter even though he had sent in his return receipt. He also stated that he did not file the Disclosure form for 1995 as he had become a Stadium Board member July, 1995 and did not know he had to file. He did state that he filed the 1996 Disclosure form. Judge Ostrowski excused him from the meeting at 9:30 and was informed by the Board that if anything further was needed he would be contacted. Mr. Charles Michaux, City Clerk, was also sworn in by Judge Ostrowski and Mr. Michaux related that it is his duty, since the inception of the Board of Ethics, to send notices to those who fail to file or if a violation has occurred. He also stated that he is sent a list of Stadium Board members who receive free tickets each year from Mr. George Bergantz, Senior Vice President Administration/Sabres. Mr. James T. Sandoro was the second respondent called in to the meeting and sworn in by Judge Ostrowski. The benefit Mr. Sandoro received was a free membership to the Aud Club that was not disclosed on his Disclosure form. It was pointed out to him that under Section 12-11 of the code there is a $100.00 limit and his membership was well over this limit. Mr. Sandoro stated that he would have listed this if he had known and felt the booklet distributed with the forms should be more specific. He was reminded that any membership on a Board is subject to the code and must file both the Disclosure and Transactional statements and ignorance is no exception. Mr. Sandoro was excused at 10:00 a.m. Mr. Edward Gasuik, Board of Stadium and Memorial Auditorium member was the third respondent who was sworn in by Judge Ostrowski. Exhibits were passed to him for his review and comments. It was stated that he received free season tickets to the Buffalo Sabres games and a free membership to the Aud Club which he did not disclose on his Disclosure form. He also failed to file his 1995 Disclosure form but did file for 1994. Mr. Gasuik stated he was not sure if he had filed for 1996. He commented he did not receive a form for 1995 and was told he did not have to file as he was not an employee of the city. He commented he had a heart attack June, 1994 and also spent the month of January, 1996 in the hospital due to illness. Mr. Gasuik stated he did not know he had to disclose the Aud club card. He was excused at 10:15 a.m. Mr. Michaux informed the Board that Mr. David Shatzel, Assistant of Stadium Operations did not receive any free tickets or Aud club membership and was told he did not have to appear before the Board. LeRoi Johnson, Mary Ann Considine and John Scanlon, Board of Stadium and Memorial Auditorium members were also mailed letters to appear before the Board for a hearing but failed to do so. Both Ms. Considine and Mr. Scanlon did mail in their signed receipts but Mr. Johnson did not respond. It was the unanimous judgement of the Board that each one of the non-filers be fined $250. Letters will be mailed to them and their department heads. The mayor will also be sent a letter recommending that non-filers be terminated from serving on Boards according to the provisions of the charter. It was stated for the record that Mr. Risman be abstained from any consideration of the appropriate penalty as he was here to present the charges on behalf of the Corporation Counsel's office. Agenda for the next meeting: Communication of 1/6/96 from Mr. Baudo Communication of 2/7/96 from the Common Council The meeting adjourned at 11:15 a.m. RECEIVED AND FILED. FROM THE COMPTROLLER No. 8 Certificate of Necessity Transfer of Funds Fringe Benefits - NYS Unemployment Insurance Department of Administration and Finance - Labor Relations We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $4,015 be transferred and reappropriated from Fringe Benefits - NYS Unemployment Insurance, as set forth below: Dated: Buffalo, NY, March 20, 1996 RECEIVED AND FILED. No. 9 Certificate of Necessity Transfer of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $75,100 be transferred and reappropriated from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, March 18, 1996 RECEIVED AND FILED. No. 10 Interfund Cash Loan Certain federal and state aided programs require a cash advance until the program is operating and reimbursement is received. I have received the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount listed below as needed, subject to your approval. Loan is payable at date of reimbursement. From To Grant Repayment Date Total 100 General 200-710-501-00-000 December 1996 $96,061 Title: Delaware Park Japanese Garden Mrs. LoTempio moved: That the communication from the Comptroller, dated March 28, 1996, be received and filed; and That the Comptroller be, and he hereby is, authorized to make an interfund cash loan from the City General Fund to the Grant for Delaware Park Japanese Garden in the amount of $96,061. The loan is payable at date of reimbursement. PASSED. AYES - 12 NOES - 0 No. 11 Interfund Loan Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance a project and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $40,000 for Improvements to Zoo Building. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account 100 General 200 Capital Projects -402-028 Repayment Date Total BAN/Bond Sale $40,000 Mrs. LoTempio moved: That the communication from the Comptroller, dated March 28, 1996, be received and filed; and That the Comptroller be, and he hereby is, authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $40,000 for Improvements to Zoo Building. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED. AYES - 12 NOES -0 No. 12 Monthly Overtime Usage Report I am providing the Common Council with Monthly Overtime Usage Report as of February 29, 1996. This report reflects the overtime expenditures of all City departments. It also projects overtime usage for the entire fiscal year based on current expenditure levels. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET. No. 13 Results of Negotiations 43 Townsend, E 404.93' N William Vacant Lot Size; 30' x 100' Assessed Valuation: $1,600 The Comptroller's Office, Division of Real Estate, has received a request from Ms. Janice Brown to purchase the vacant lot at 43 Townsend, which adjoins her property at 47 Townsend. Ms. Brown intends to use this property for yard expansion. The Departments of Community Development, Neighborhoods, Housing and Inspections and Collections have been contacted. There are no outstanding code violations or liens owed to the City by the purchaser. An independent appraisal of the property was conducted by Mr. Dennis Walker, Appraiser, 43 St. Paul Street, Buffalo, New York 14202. He has estimated the fair market value of the property to be Seven Hundred Dollars ($700.00). This represents approximately Twenty-Four Cents (.24) 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 Twenty Three Cents (.23) to Forty-Three Cents (.43) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Ms. Janice Brown has agreed and is prepared to pay Seven Hundred Dollars ($700.00) for the subject property. She has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and the cost of the legal description. I am recommending that Your Honorable Body approve the sale of 43 Townsend to Ms. Janice Brown in the amount of Seven Hundred Dollars ($700.00). 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. Mrs. LoTempio moved: That the communication from the Comptroller, dated March 27, 1996, be received and filed; and That the offer of Ms. Janice Brown, 47 Townsend, in the sum of $700.00 (Seven Hundred Dollars) to purchase the property described as 43 Townsend, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. 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 - 12 NOES - 0 No. 14 Town of Perrysburg - Claim/ Abandoned Land Owned by City Item No. 94, C.C.P. 3/19/96 The above mentioned item has been referred to this office, the Department of Administration and Finance and the Corporation Counsel for a response. The item is a letter from the former Town Supervisor Cindy L. Laurer, Town of Perrysburg. The letter appears to be a notice to the City of Buffalo that the Town intends to take action against the City of Buffalo and/or the State of New York by claiming that certain portions of the 675 acres of the Perrysburg property has been either abandoned or unused for approximately 30 years. The above is a legal matter and should be addressed by the Corporation Counsel. REFERRED TO THE COMMITTEE ON FINANCE. No. 15 City Cleaning of Privately Owned Lots C.C.P. #195, 3/19/96 The above item was referred to this office for reply. My recommendation for the collection of such charges is that the billings be handled in the same manner as other miscellaneous accounts receivable which are billed by various City departments and agencies. Billing information is entered by the Streets Department staff to the City's accounts receivable system, triggering an automatic collection process, which begins a series of notices and culminates in referral to the Division of Collections ninety (90) days from the billing date (pursuant to Ordinances Chapter 141). An invoice is generated, followed by 30-day and 60-day reminder notices. At 90 days a statement from the Division of Collections is generated which includes the $10.00 collection processing fee and notice that further action shall include personal liability litigation, credit reporting and/or referral to an outside collection agency. Payment agreements are available upon request to the Division of Collections. At 120 days, any unpaid invoice not on account is referred to the collection agency (Amana Capital Corporation) resulting in the addition of a 21% agency commission to the bill. The collection process in place and used successfully to date is well structured to effect results within a short time. Conversely, from a collection standpoint, it is not recommended that such billings be added to the owner's tax bill via local assessment. The process associated with local assessment is cumbersome and untimely, taking upwards of one year to appear on a tax bill. Furthermore, presumably many of these cases will involve vacant lots which have in effect been abandoned by the owner, and on which tax and water liens have not been satisfied. To threaten to further add to the tax bill is ineffectual as compared to the owner's personal assets. I should point out that the success of any collection effort is predicated oft our ability to locate a debtor and also the availability of disposable income . Therefore, I suggest that the Law Department be consulted on whether the City can initiate local assessment upon a finding that a debt is "uncollectible' by those standards, leaving a property lien as the only alternative. Specifically, if there a statutory time frame within which a local assessment must be commenced, accounts can he monitored accordingly. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ASSESSMENT No. 16 Assessor Opinion Revaluation Item #204, C.C.P. 2/20/96 The Department of Assessment is preparing a response to the above noted item, however we are awaiting certain data and information from the state. The department's communication will be forwarded to your Honorable Body as soon as that material is received. RECEIVED AND FILED. FROM THE COMMISSIONER OF PUBLIC WORKS No. 17 Notification Serial #8634 No Standing - Install on Michigan Avenue, west side from Clinton Street to South Division 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, 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 PTN HIGHWAY PROHIBITED PD - DAILY Michigan Avenue, west side 7:00 a.m. to 9:00 a.m. from Clinton Street and to South Division Street 4:00 p.m. to 6:00 p.m. except Saturday and Sunday This action is being taken to update our records in order to provide consistency with existing field conditions. Notification Serial #8635 Installation of Permissive Parking on Michigan Avenue, west side from Clinton Street and South Division Street PERMISSIVE 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 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE- PARKING PERMISSIVE PKG LOCATION PERMISSIVE PKG- DAILY Michigan Avenue, west side 1 hour parking between Clinton Street 9:00 a.m. to 4:00 p.m. and South Division Street except Sunday This action is being taken to update our records in order to provide consistency with existing field conditions. Notification Serial #8636 Repeal Handicapped Parking on Hodge Avenue, north side from a point 375' east of Elmwood Avenue to a point 480' east of Elmwood Avenue HANDICAPPED 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 26 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: HANDICAPPED PARKING PROHIBITED PTN HIGHWAY PROHIBITED PERIOD Hodge Avenue, north side 9:00 p.m. Sunday from a point 375' east of Elmwood Ave. to to a point 480' east of Elmwood Ave. 9:00 p.m. Wednesday This action is being taken in order to accommodate the installation of a new driveway for 125 Hodge Avenue while providing the same area for handicapped parking. (See next serial) Notification Serial #8637 Install Handicapped Parking on Hodge Avenue, north side from a point 355" east of Elmwood Avenue to a point 480' east of Elmwood Avenue HANDICAPPED 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 26 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the Following HANDICAPPED PARKING PROHIBITED PTN HIGHWAY PROHIBITED PERIOD Hodge Avenue, north side 9:00 p.m. Sunday from a point 355' east of Elmwood Ave. to. to a point 480' east of Elmwood Ave. 9:00 p.m. Wednesday This action is being taken in order to accommodate the installation of a new driveway for 125 Hodge Avenue while providing the same area for handicapped parking. (See previous serial) REFERRED TO THE COMMITTEE ON LEGISLATION. No. 18 Extension of Time 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 April 3, 1996. Per CCP #15 of March 5, 1996 an extension of contract was granted to April 3, 1996. The contractor has requested a second extension of time in this contract. The work remaining on this contract consists of mainly pavement restoration with some concrete sidewalk work. Accordingly, I have granted a second extension of time in the contract with Kandey Company, Inc. The new completion date for this contract is May 8, 1996. RECEIVED AND FILED. No. 19 Report of Bids - Air Conditioning System Administrative Offices Buffalo Zoological Gardens I advertised for on March 5, 1996 and received the following sealed proposals which were publicly opened and read on March 19, 1996. Alt #1 Alt #2 Base Bid Gas Piping Electrical Peerless Air Conditioning $31,412.00 $ 1,383.00 $3,280.00 J M State Refrigeration $41,073.00 $ 653.00 $1,127.00 B H Refrigeration $41,437.00 $2,033.00 $3,438.00 Buffalo Sheet Metals $45,755.00 $1,900.00 $3,320.00 Allied Controls, Inc. $49,387.00 $3,200.00 $3,757.00 W C Roberson $56,000.00 $1,200.00 $3,694.00 Herbert F Schmit Jr. $59,691.00 $2,424.00 $3,283.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Peerless Air Conditioning in the amount of Thirty-One Thousand Four-Hundred Twelve and 00/100 Dollars ($31,412.00), plus Alternate #1 in the amount of One-Thousand Three-Hundred Eighty-Three and 00/100 Dollars ($1,383.00) and Alternate #2 in the amount of Three-Thousand Two Hundred Eighty and 00/100 Dollars ($3,280.00) for a total amount of Thirty-Six Thousand Seventy-Five and 00/1 00 Dollars ($36,075.00) 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 on the low bid. Funds for this work are in B/F 200-402-028 - Division of Buildings. Estimate for this work was $42,500.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated March 19, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Air Conditioning System, Administrative Offices at the Buffalo Zoological Gardens, to Peerless Air Conditioning in the amount of $31,412.00, plus Alternate #1 in the amount of $1,383.00 and Alternate #2 in the amount of $3,280.00 for a total amount of $36,075.00, the lowest responsible bidder. Funds for this project are available in B/F 200-402-028 - Division of Buildings. PASSED. AYES - 12 NOES - 0 No. 20 Report of Bids Reconstruction of Chimney Ladder 11 - 638 Fillmore Avenue I advertised for on March 8, 1996 and received the following sealed proposals which were publicly opened and read on March 15, 1996. Black Hat Chimney & Fireplace $2,565.50 Progressive Weatherproofing $3,300.00 Ajax-Smith, Inc. $3,320.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Black Hat Chimney & Fireplace in the amount of Two Thousand Five Hundred Sixty Five and 50/00 Dollars ($2,565.50) 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 on the low bid. Funds for this work are in CPF 200-402-076 - Division of Buildings. Estimate for this work was $3,000.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated March 20, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Reconstruction of Chimney at Ladder 11, 638 Fillmore Avenue, to Black Hat Chimney & Fireplace in the amount of $2,565.00, the lowest responsible bidder. Funds for this project are available in CPF 200-402-076 - Division of Buildings. PASSED. AYES - 12 NOES - 0 No. 21 Report of Bids Elmwood Avenue - W. Delavan to Forest Curb & Walk 1996 Group 4414 Item No. 38, C.C.P. 2/20/96 This is to advise your Honorable Body that I have advertised and received bids on March 20, 1996 for Elmwood Avenue - Curb & Walk. 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: Contractor Base Bid Alternate "A" Alternate "B" Total Unit Price Increase A.B.P. Conc Const., Inc. $274,858.70 $72,439.00 $37,300.00 $384,597.70 $442,050.00 M.P.J. Contracting, Inc. $355,656.45 $38,589.00 $6,750.00 $400,995.45 $458,447.75 Destro & Bros. Conc. Co., Inc.$332,214.50 $67,700.00 $19,700.00 $419,614.50 $477,066.80 Master's Edge, Inc. $401,576.00 $39,943.00 $12,500.00 $454,019.00 $511,471.30 Cemulini-Pecoraro Cons. $413,205.97* $13,540.00 $29,200.00 $455,945.97* $513,398.27* Campobello Const. Co., Inc. $418,944.15 $39,266.00 $4,975.00 $463,185.15 $520,637.45 Sunshine Concrete Co., Inc. $389,320.20 $67,700.00 $16,650.00 $473,670.20 $531,122.50 M. Passucci Const., Inc. $452,610.75 $27,080.00 $16,900.00 $496,590.75 $554,043.05 *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is A.B.P. Concrete Construction, Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #200-401-034-00-000 in an amount of $ 344,750.00 and City Bond Fund *200-401-006-00-000 in an amount of $37,300 plus an additional amount of $60,000.00 from an appropriate Dept. of Community Development block grant account, for a total encumbrance of $442,050.00 The engineer's estimate for this work is $495,000.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated March 25, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Elmwood Avenue - W. Delavan to Forest for Curb and Walk 1996, Group #414, to A.B.P. Concrete Construction, Inc. in the amount of $442,050.00, the lowest responsible bidder. Funds for this project are available in the Capital Projects Fund #200-401-034-00-000 in an amount of $344,750.00 and City Bond Fund #200-401-006-00-000 in an amount of $37,300 plus and additional amount of $60,000.00 from an appropriate Department of Community Development block grant account for a total encumbrance of $442,050.00. PASSED. AYES - 12 NOES - 0 No. 22 Report of Bids - Lighting Update Fronczak Branch Library - 1080 Broadway I advertised for on March 12, 1996 and received the following sealed proposals which were publicly opened and read on March 26, 1996. Warrens Electric $19,361.00 Industrial Power & Ltg $21,285.00 Weydman Electric $21,887.00 CVM Electric Inc. $24,444.00 Tunney Electric $28,400.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Warrens Electric in the amount of Nineteen Thousand Three Hundred Sixty One and 00/1 00 Dollars ($19,361.00) 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 on the low bid. Funds for this work are in B/F 200-402-053 - Division of Buildings. Estimate for this work was $22,500.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated March 27, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Lighting Update at Fronczak Branch Library at 1080 Broadway, to Warrens Electric in the amount of $19,361.00, the lowest responsible bidder. Funds for this project are available in B/F 200-402-053 - Division of Buildings. PASSED. AYES - 12 NOES - 0 No. 23 Permission to Prepare Plans & Specifications and Advertise for the Reconstruction of Curbs & Sidewalks on Magnolia Avenue Group #412 Item #176, C.C.P. 9/5/95 I hereby request permission from Your Honorable Body to prepare plans, specifications and advertise for sealed proposals for the Reconstruction of Curbs & Sidewalks on Magnolia Avenue between Abbott Road and Oakhurst Street in the South District, Group #412. This project was approved as part of the 1995-1996 Capital Improvements Budget. These bonds have not been scheduled to be sold but the comptroller has advised that he will forward an inter fund loan transfer so that these projects can be forwarded in a timely manner. The interfund loan will be transferred to the Capital Projects Funds #200401-030. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated March 21, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to prepare plans, specifications and advertise for sealed proposals for the Reconstruction of Curb & Sidewalks on Magnolia Avenue between Abbott Road and Oakhurst Street in the South District, Group #412. That the Comptroller be, and he hereby is, authorized to forward an interfund loan transfer to the Capital Projects Funds #200-401-030 in a timely manner. PASSED. AYES - 12 NOES - 0 No. 24 Hire Consultant - South Park Avenue Lift Bridge Rehabilitation Requirement Study and Report I hereby request Your Honorable Body to allow the Commissioner of Public Works to hire a Consulting Engineer to do the work necessary and prepare a report for the rehabilitation of the South Park Avenue Lift Bridge. The South Park Avenue Lift Bridge is the next bridge scheduled for a rehabilitation in the year 2000. The consultant will determine what work should be considered at that time. Funds for this work are available in the Reserve for Planning Account No. 200-061-001-00-000 and will be transferred to a new 500 account for this project. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated March 15, 1996, be received and filed-, and That the Commissioner of Public Works be, and he hereby is, authorized to hire a Consulting Engineer to do the work necessary and prepare a report for the rehabilitation of the South Park Avenue Lift Bridge. Funds for the project are available in the Reserve for Planning Account No. 200-061-001-00-000 and will be transferred to a new 500 account for this project. PASSED. AYES - 12 NOES - 0 No. 25 Permission to Engage Services Consulting Engineer Hydraulic Model Development I hereby respectfully request your Honorable Body's permission to engage the services of a Consulting Engineer to prepare plans and specifications and advertise for bids for Hydraulic Model Development. The Buffalo Water Division has an urgent need to develop an accurate hydraulic model to assist in planning, design, operations, maintenance, and emergency decision making. Once completed, it will offer a scientific basis for the implementation of our Capital Improvement Program and will allow us to effectively analyze proposed additions, deletions or modifications to our supply, pumping, storage, transmission and distribution facilities. It will be used to identify existing system deficiencies, fire flow capabilities and to analyze and implement existing and proposed interconnections with adjacent systems. Since the most significant interconnections are with Erie County Water Authority (ECWA), it is required that the hydraulic model developed for the City be compatible with the model recent completed for the Erie County Water Authority. Funds for this work are available in the Division of Water's 416-983-019-00-000 account. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated March 27, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to engage the services of a Consulting Engineer to prepare plans and specifications and advertise for bids for Hydraulic Model Development. Funds for the project are available in the Division of Water's 416-983-019-00-000 account. PASSED AYES - 12 NOES - 0 No. 26 Sidewalk Cafe- 1672 Elmwood Avenue Item No. 147; C.C.P. 03/13/90 Mr. Christopher T. Walter, owner of Papa Jake's Restaurant, located at 1672 Elmwood Avenue, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The previous owner of this restaurant received permission to install an identical sidewalk cafe in 1990 (C.C.P. No. 174 of March 13, 1990). The Department of Public Works has reviewed Mr. Walter's application pursuant to Chapter 413-59 (sidewalk Cafes) 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 sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed twenty-one feet (21') in length or extend more than eleven feet (111) from the building face. 4. That no portion of the sidewalk cafe he permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right-of-way from November 13 to April 1 each year. 6. That the applicant he assessed the annual fee of two dollars per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. (11 x 21 = 231 x $2.00 = $462.00/year) 7. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 27 Emergency Street Closure at the Central Terminal across Curtiss Street This communication is to notify Your Honorable Body of an emergency street closure located at the Central Terminal. Due to debris failing from the terminal overpass on to Curtiss Street, the City Engineer deemed the aforementioned area a safety hazard to pedestrians and motorists and ordered an emergency street closure be made on Curtiss Street. On March 26, 1996, the Department of Public Works had barricades and appropriate signage installed at this site. Additional road closure delineation and signage will be installed in the near future. Also for information, see attached notice from the Buffalo Police Department. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 28 Payphone Applications (30), Pay-Tel Corporation Mr. Jay Alberti, of Pay-Tel Corporation, 45 West Tupper Street, Buffalo, New York, 14201 has requested permission to install thirty (30) public payphones within City right-of-way as described in Chapter 441 (Telephone Facilities) of the City Ordinances. The proposed payphone locations are as follows: 1. 85 Moselle Street 16. 720 Elmwood Avenue 2. 177 Riley Street 17. 742 William Street 3. 272 Virginia Street 18. 931 Northampton Street 4. 279 Jefferson Ave. 19. 950 E. Ferry Street 5. 280 E. Ferry Street 20. 1175 E. Ferry Street 6. 400 E. Utica Street 21. 1199 Seneca Street 7. 405 E. Ferry Street 22. 1235 Fillmore Avenue 8. 407 Plymouth Ave. 23. 1331 Jefferson Avenue 9. 433 Leroy Avenue 24. 1337 Jefferson Avenue 10. 437 Leroy Avenue 25. 1534 Main Street 11. 532 Broadway 26. 1538 Fillmore Avenue 12. 537 Fillmore Ave. 27. 1727 South Park Ave. 13. 629 Broadway 28. 2216 Bailey Avenue 14. 635 E. Delavan Ave. 29. 1021 E. Ferry Street 15. 235 Massachusetts Ave.30. 1412 Fillmore Avenue The Department of Public Works has reviewed these applications and has no objection to the installation of said payphones. However, before a license may be issued, each individual proposed location must be approved by Your Honorable Body in accordance with Chapter 441-4 of the City ordinances as recently revised (C.C.P. #136 of December 26, 1995). REFERRED TO THE COMMITTEE ON FINANCE. No. 29 Define Process for Installing Stop Signs Item No. 226; C.C.P.. 02/20/96 This is in response to Item No. 226 of February 20, 1996 regarding a request that the process for installing stop signs be more definitively defined. The Department of Public Works - Traffic Engineering function analyzes every stop sign request on case-by-use basis in complete accordance with the New York State Manual of Traffic Control Devices. Each request is generally reviewed as follows: 1. The accident history for the past three (3) years is analyzed for the location. An accident history producing five (5) or more accidents within a consecutive twelve (12) month period will automatically trigger a further in-depth study of the site. This study will look at the use of stop signs and other traffic control devices to help reduce the number of accidents. 2. The requested site is inspected for details that would not be apparent from the accident history analysis. These items could include: a) heavy pedestrian use (more than 75 crossings per hour for an eight (8) hour period) due to a nearby school, store, business complex or the like b) roadway geometries that have streets crossing each other at obscure angles or "bending" into each other c) poor lines-of-sight for vehicles on the side streets, these sight lines may be obstructed by large buildings or legally/illegally parked cars It should be noted here, that some of the above situations are correctable through the use of other, less restrictive, traffic control measures (example: installation of "No Parking Here to Corner" signs to improve drivers' lines-of-sight) With respect to traffic control devices, with the exception of a traffic signal, a stop sign is the most restrictive type of traffic control, and, in spite of popular perception, it is not a "cure-all" for every traffic problem. Almost every request this office receives invariably associates using a stop sign to help control speed within a neighborhood. In fact, the Manual of Uniform Traffic Control Devices states that stop signs are not to be used for speed control. It should also be noted that the misuse of stop signs often produces results contradictory to the purpose of a stop. Drivers feel increased frustration due to unnecessary stopping and begin to "roll thru" or even ignore certain stops. This also produces a tendency to increase their "inner-block" speed to compensate for perceived "time-lost" at these stop signs. This type of behavior only increases the chances for serious accidents and actually lessens on-street safety for other motorists and pedestrians. Given the above, this department will continue to use caution and sound engineering judgement with regard to it's installation of stop signs as it continues it's endeavor to provide maximum safety for all of it's residents. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 30 Info - Appointment - Principal Engineer In response to our advertisement we received several applications for the position of Principal Engineer in the Division of Water. Of the applications received, only three qualified individuals were residents of the City of Buffalo. I am prepared to recommend the appointment of one of these people who is a current resident; however, I have been advised by this applicant that he would only accept the position at the maximum salary of $51,377.00. I would like to point out to the Council that every candidate for this position told me that they would only accept the position at the top salary. The position calls for a Professional Engineer license, and these individuals are making minimum salaries equivalent to our maximum salary in private business. Before the candidate commits to this position, he would like an assurance from Your Honorable Body that his request for maximum salary will be approved. Should the Council agree, I will file a Certificate of Appointment at the appropriate time. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 31 Fully Executed Legislative Member Initiative Appropriation Agreement For your information, please be advised that the Legislative Member Initiative Appropriation Agreement between the New York State Department of State and the City of Buffalo for the project period of April 1, 1995 through March 31, 1996 has been fully executed. The City's share of state funding is $29,000, for the purchase of a hovercraft. As you are aware, this hovercraft has already been purchased and received by the Police Department. As is our standard practice, a copy of this contract is on file in the Department of Administration/Finance (Budget), the Division of Audit/Accounting, and in the Division of Administration/Communications (Buffalo Police Department) We have also notified the Central Grants Office. RECEIVED AND FILED. FROM THE CORPORATION COUNSEL No. 32 Settlement of Claim City of Buffalo v. Edwards & Robbins On April 2, 1993, a City police vehicle being driven by Police Officer Martin Forero was involved in an accident at the intersection of Bailey Avenue and Doat Street. Police Officer Lisa Thompson was a passenger in the police vehicle. As the Officers were responding to a 911 call their vehicle collided with a 1986 Buick Sedan owned by Margaret Edwards and driven by Antoinette M. Robbins. Ms. Robbins was making a right turn on a red light at the time of the accident. Officer Forero suffered injuries as a result of the accident and was unable to work for a period of time. During the period of his disability, the City paid $8,927.09 in wages to Officer Forero. Officer Thompson also suffered injuries and was unable to work for a period of time. During the period of her disability, the City paid $11,394.56 in wages to Officer Thompson. Additionally, the police vehicle involved in the accident was heavily damaged. It is estimated that the value of the vehicle is $8,925.00. The City sued Margaret Edwards and Antoinette M. Robbins for the property damage to the vehicle and the wages paid to the injured officers. After considerable discussions with Electric Insurance Company, the insurance carrier for the owner and operator, they have offered $6,328.95 for the total wages paid by the City. With regard to the vehicle damage claim of $9,925.00, the insurance company has offered $5,000.00, the full property damage limit in the policy. This Office recommends accepting the proffered offer for the following reasons. Because the City's claim for wages stems from an automobile accident, recovery is limited by the New York No-Fault Law. The operation of this law limits the City's total claim for wages to $8,211.65. Thus, the $6,328.95 offered by the insurance company represents 77 % of our total claim for $8,212.65. With the discovery phase of this lawsuit just beginning, the City would likely expend considerable time and costs on deposing the defendants and otherwise investigating this accident. Moreover, we would likely have to produce various documents and the individual Officers for depositions at further expense. In the event that the matter goes to trial the City would incur further court time expenses for the Officers and there is, of course, no guarantee that the lawsuit would be successful. Although a police vehicle responding to an emergency is given some latitude from vehicle and traffic laws, it is clear that the vehicle must be operated in a safe manner with regard for the safety of others on the road. With regard to the damage to the police vehicle, the City would be receiving the full amount of the property damage limit in the policy. Further, because the vehicle was totalled the $8,925.00 amount represents an estimate of the value of a 1991 Chevy four door sedan with 66,757 miles. As a result, a Court might find the City's property damage to be less than $8,925.00. Based on the above the Corporation Counsel recommends acceptance of $6,328.95 in full satisfaction of the $8,212.65 total wage claim and the full property damage limits of $5,000.00 for a total amount of $11,328.95 (i.e. $6,328.95 plus $5,000.00) payable to the City. Mrs. LoTempio moved: That the communication from the Corporation Counsel, dated March 22, 1996, be received and filed; and That the Corporation Counsel be, and he hereby is authorized to accept the amount of $6,328.95 in full satisfaction of the total wage claim to Officer Martin Forero and the full property damage limits of $5,000-00 for a total amount of $11,328.95 payable to the City. PASSED. AYES - 12 NOES - 0. No. 33 Bennett Beach Lease Item No. 191, C.C.P., 10/31/95 Attached for your information is the Bennett Beach Lease Agreement. The Common Council authorized the execution of this lease in Item No. 94, C.C.P., November 28, 1995. REFERRED TO THE COMMITTEE ON GOVERNMENT RELATIONS. No. 34 Pokorski - Donation of Vacant Lot Item No. 93, C.C.P., 3/19/96 You have requested a response from the Department of Law regarding Kenneth Pokorski's intention to donate a vacant lot he owns to the City. Mr. Pokorski has indicated that 1996 taxes on the property have been paid. The City is empowered to accept gifts or donation by Section 10 (2) of the Charter of the City of Buffalo and Section 20 (3) of the General City Law. It is within the discretion of the Common Council whether or not to accept such a gift. The City should determine if all taxes, City and otherwise, have actually been paid. A title search should be done to fully ascertain whether there are any outstanding liens on the property. The property should also be checked for any environmental contamination and, if so, provisions for its remediation should be made before the City proceeds to acquire the property by donation. Before accepting the donation, the City should consider the financial impact of such an action. The City is already in possession of various properties that are not generating tax revenue. It would only serve to further burden the City's financial status to remove a property from the tax rolls if the City has no planned use for the property. It would also place the costs and responsibility of maintenance on the City. REFERRED TO THE COMMITTEE ON FINANCE. No. 35 Marine Midland Arena Attached is Requisition No. 16 relating to the Marine Midland Arena Project. REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE. No. 36 Rescind Sale of 3 Butler Avenue Purchaser: Angellette Evans (Item No. 21, C. C. P., October 4, 1994) The above item was passed by Your Honorable Body during your meeting of October 4, 1994. However, Ms. Angellette Evans, did not respond to several communications from the Department of Law dated March 13 and April 20, 1995, respectively, requesting her to pay the balance of the purchase price for the subject property. Finally, she was informed on February 1, 1996 about the forfeiture of her One Hundred and Twenty Dollars ($120.00) for the failure to consummate this transaction. Therefore, I request Your Honorable Body to authorize rescission of the sale, forfeiture of the deposit and return of the premises to inventory for future sale. Attached is an approving motion to accomplish this purpose. Mrs. LoTempio moved: That the above communication from the Corporation Counsel be received and filed; and That the action of the Common Council under Item No. 21, C.C.P., October 4, 1994, authorizing the sale of 3 Butler Avenue, be and the same hereby is rescinded, the deposit is forfeited and the premises returned to the Comptroller for future sale or transfer. ADOPTED. No. 37 Hamlin Park - Request for Exemption from Restricted Use Permit Requirement and Waiver of $250 Fee - 117 Hamlin Park Item No. 63 C.C.P.,3/5/96 Mr. Landen McCall of 117 Hamlin Park has been approved for financial assistance through Division of Neighborhood Principal Deferred Loan Program for code violation improvements. City Ordinance 511-68.1 D(i) authorizes exemptions under the following conditions: Permits for improvements, maintenance and repairs for $5,000 or less for properties outside the boundaries of Canisius College proper and for $10,000 or less within the boundaries of Canisius proper and Main Humboldt Townhouses. Presuming 117 Hamlin Park is outside the boundaries of Canisius College, Mr. McCall would be entitled to exemption from the restricted use permit and attendant fees for the permit only if the work is for $5,000 or less. 511-68.1 D(2) enumerates two further exemptions from the permit, review and fee provisions: a) for internal modifications of property not involving change of use, b) any action needed to comply with requirement of the law. Given that the improvements for 117 Hamlin Park are to correct code violations, that is, to comply with the requirement of the law, the exemption from the permit, review and fee provisions of 511-68.1 applies irrespective of the dollar value of the improvements pursuant to 511-68.1 D(2). REFERRED TO THE COMMITTEE ON FINANCE. No. 38 Claim Abandoned Land Owned By City Item No. 94, CCP, 3/19/96 Attached is copy of letter to Myrton Sprague, Town Supervisor, Town of Perrysburg, in response to former Town Supervisor, Cindy L. Lauer's, letter of March 9, 1996, a copy of which is also attached. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 39 EAF-General Portland Inc. - Request to Erect a Two-Story Building and Two Silos at 575 Ohio Street Item No. 98, C.C.P., 3/19/96 Attached for your information is the Short Environmental Assessment Form for the matter referenced above. Mrs. LoTempio moved: That the communication from the Division of Planning, dated March 26, 1996, be received and filed; and That "General Portland Inc. - Request to Erect a Two-Story Buildings and Two Silos at 575 Ohio Street," Item No. 94, C. C. P., March 19, 1996, is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval authority over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment Form (EAF) on this item which has been completed by the applicant (Part 1) and by the City Planning Board (Part 11); and Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part 11 and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration. ADOPTED. No. 40 South Ellicott NDP-NYR-20 Approval of LDA -- The Colad Group, Inc. 2.24 Acres - Exchange Street The City of Buffalo Urban Renewal Agency duly designated The Colad Group, Inc. and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honor-able Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 41 Establish Program Coord. Neighborhood Efforts Item No. 197, C.C.P., 03/19/1996 I respectfully submit this brief response to your resolution by Councilmember-at-Large Kavanaugh regarding the feasibility of establishing in Buffalo a program similar to Roanoke's (VA) Neighborhood Partnership or Tacoma's (WA) Neighborhood Council. Following the success of the neighborhood summits, the Department of Community Development is in the process of establishing an advisory council made of block club leaders and community activists. I identified approximately 30 residents to represent various neighborhoods of the city. This "kitchen cabinet" will provide the department with the necessary residential feedback regarding development and budgetary issues. While the first meeting of this citizens' cabinet met with me and my senior staff on Wednesday, March 27th, its organizational structure is still taking shape. I hope to report a final structure and related mission in the near future. Also, the Department of Community Development is considering a number of neighborhood-building" proposals that capture the synergistic nature of the neighborhood summits. These proposals range from expanded responsibilities of the Office of Citizen Participation and Information to establishing a special neighborhood organizing initiative that would culminate in a city-wide "congress" of residents and block clubs. A detailed report and specific recommendation on this matter will be made in the very near future. The Department of Community Development will enter into a "compact' with neighborhood leaders and neighborhood groups to assure departmental accountability. The department is strongly committed to put "community" into development and vice versa. This significant policy direction is reflected in the CDBG Year 22 funding request where over three-quarters of the department's projects focus on neighborhood development. Additionally, it is this commitment to citizen empowerment and participatory democracy that shaped the department's request for CDBG funding, including the neighborhood matching fund. Each Councilmember should have received a copy of Seattle's (WA) neighborhood matching fund which I propose as a model program. Please contact my office if you have not received a copy. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 42 Children's Museum Res #205 CCP 3/5/96 The concept of a children's museum has been discussed for many years. At this time a citizen's committee is finalizing their proposal and choosing a possible site for the "Children's Museum of Buffalo". Currently the group is establishing an organizational structure (not for profit) that will help facilitate the creation of the museum. David Granville, Director of the Arts Commission regularly attends planning meetings regarding this project. Your Honorable Body's request to explore the feasibility of re-using Memorial Auditorium as the Children's Museum will be presented at the next committee meeting scheduled for Monday, March 25, 1996 at 5:00 PM at the Parkside Lutheran Church. REFERRED TO THE COMMITTEE ON FINANCE. No. 43 Wegmans Amherst Street Waiver from Section 511.97 of City Ordinance The Department of Community Development has received the attached correspondence from Costich Engineering requesting a waiver from section 511.97 of the Buffalo City Code. In summation this ordinance requires the erection of a 4-5 foot solid fence or masonry wall when the property is adjacent to a Residential District. In all practicality erecting a fence or wall along Amherst Street would in our opinion detract from the aesthetics of this project. Wegmans is requesting a waiver from this section and is proposing to landscape and berm the area to make it aesthetically pleasing. Additionally as a outcome of a public hearing held in the district on February 22, 1996 the residents on Beaumaris Place whole rear property lines abut the Wegmans property have requested a 81 high fence be installed. Under the ordinance a maximum of a 7' high fence is allowed. Wegmans is requesting a waiver from this section as well. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CITY PLANNING BOARD. No. 44 Change in Contract General Construction Polk Building Renovations 2038 Genesee Street Contract #91802200, Miller Enterprises I herewith submit to Your Honorable Body the following increase in contract for additional general construction associated with renovations to the former Polk Building at 2038 Genesee Street, Buffalo, New York - Contract #91802200 with Miller Enterprises; 1.) Revisions to storm drainage system for site parking lot as mandated by Buffalo Sewer Authority and City Plumbing Department. All materials, equipment and labor for installation of 350+ of 8" PVC pipe and (2) pre-cast catch basins for connection of parking lot storm drainage system into the Scajaquada Drain at Kerns Avenue. Work to include core drilling through drain and installation of cast iron hub and gasket. Also placement and compaction of select fill in entire excavation area. ADD $23,115.00 2.) Remove and replace 900+- square feet of deteriorated steel roof deck ADD $3,360.00 3.) Remove debris and overgrown vegetation along entire west facade of structure. Excavate and repair downspout connections. Install water barrier and select fill graded to divert surface water from the building. ADD 82,802.00 TOTAL ADD $29,277.00 The preceding items are deemed necessary to properly complete renovations and comply with applicable codes. All costs were reviewed by the project architect, Carmina-Silvestri and Community Development Engineering Staff. Funds for this work are available in Bond Fund 200-717-033. A contract summary is as follows: Original Contract Amount $686,200.00 Amount this Change #1 29,277.00 Revised Contract Amount $715,477.00 I therefore request that Your Honorable Body authorize the Commissioner of Community Development to use a change order to Miller Enterprises as described above. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated March 28, 1996, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue change order No. I to Miller Enterprises, changes resulting in a net increase in the amount of $29,277.00, as more fully described in the above communication, for work relating to the General Construction Polk Building Renovations at 2038 Genesee Street, Contract #91802200. Funds to be charged to the Bond Fund 200-717-033. PASSED. AYES - 12 NOES - 0 FROM THE COMMISSIONER OF STREETS No. 45 Request for Abatement of Invoices Cutting of Vacant Lots. In accordance with Chapter 3 4 1, Article I of the City Ordinances, I have requested in Council Proceeding dated November 28, 1995 Item # 41, that the following invoices be placed on the Local tax rolls. As adopted by the Finance Committee dated December 12, 1995, Item # 127, The department of Street Sanitation is requesting that the following invoices be abated. Total for Invoices 1996: $9,819,23 REFERRED TO THE COMMITTEE ON FINANCE. No. 46 Certificate of Appointment Appointment Effective March 26, 1996 in the Department of Street Sanitation Department, Paul A. Larkin, 5069 Electric Avenue, Hamburg, New York 14075, to the Position of Motor Equipment Mechanic, Permanent, at the Maximum Starting Salary of $27,486. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION No. 47 Monthly Report of Licenses Issued-February 1996 I am respectfully submitting the enclosed report of licenses issued in the month of February 1996 by the Division of Housing & Inspections/Licenses. RECEIVED AND FILED. No. 48 Liquor License Applications Rumors Enterprises-1853 Clinton St. Kitty O'Malley's Irish Pub & Seafood 115 Chicago Street. Item No. 103, CCP 2/20/96 In response to the above stated Common Council communication I would like to supply your office with the following information. All requests for inspection to certify restaurants and taverns for compliance to local codes and ordinances are referred and issued by the Division of Housing and Inspections. Research is performed by my staff to confirm the legal "use" and inspected by authorized personal for conformance to the pertinent regulations. There is a charge for this service as governed by section 129 of the Buffalo Code and Ordinances. It is my sincere hope that this response satisfies your inquiry. RECEIVED AND FILED. No. 49 Former G.E. Plant Item No. 88, C.C.P 2/20/96 As your Honorable Body is aware, the Department of Neighborhoods, Housing and Inspections has the charge of the ongoing demolition and environmental cleanup of the property known as 1489 Fillmore Avenue, the former General Electric manufacturing facility. Referring to Common Council Item Number Eighty-eight, Dated February 20, 1996, a report was submitted by the Division of Housing and Inspection to your Honorable Body stating that our department had entered into an agreement with Alaskan Remediation for services relating to the removal of underground storage tanks at the site. Also included in that report was a breakdown of unit pricing that is being used as the environmental remediation process progresses. Based on the February 20, 1996 submission, this Honorable Body approved payment for the base bid and alternate T-1. Alaskan Remediation has now made application for payment for further services provided, including alternate T-3 transport of number 6 fuel oil, unit price UPI tank bottoms, and UP-2 removal of tank bottoms solvent. The total for these services is $12,726.00, less a 5 % retention of $636.00, making the amount due, $12,090. We are seeking approval from your Honorable Body for approval, to charge this service Lo the Capital Projects Account Number 200-241002-00000. Mrs. LoTempio moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated March 19, 1996, be received and filed; and That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition and environmental cleanup of the property known as 1489 Fillmore Avenue, the former General Electric to Alaskan Remediation for further services provided, including alternate T-3 transport of number 6 fuel oil, unit price UPI tank bottoms, and U P-2 removal of tank bottoms solvent for a total of $12,726. 00, less a 5 % retention of $636.00, for a total amount of $12,090, is hereby confirmed, ratified and approved, with said cost to be charged to the Capital Projects Account #200-241-002-00000. PASSED. AYES - 12 NOES - 0 No. 50 Report of Emergency Demolition Bids for Various Properties Due to the very serious and hazardous condition of the buildings located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural conditions of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations, i.e.., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on March 18, 1996 and the contracts will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACT/DOLLAR AMT BID J Martin 6 Frederick - City of Buffalo $5,000.00 1273 Fillmore - City of Buffalo $7,000.00 1291-93 Fillmore - City of Buffalo $3,000.00 180 Fougeron - Garage only City of Buffalo 750.00 Total Aggregate Bid $15,750.00 Battaglia Concrete Construction 853 East Ferry - City of Buffalo $5,700.00 186 Scliuele - City of Buffalo $4,300.00 Total Aggregate Bid $10,000.00 Cedar Wrecking 231 Moselle - City of Buffalo $4,400.00 337 Moselle - City of Buffalo $5,200.00 272 French - Garage only City of Buffalo $1,000.00 329 Box - City of Buffalo $4,600.00 Total Aggregate Bid $15,200.00 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of this project be charged to this department's Capital Projects Fund #200-241-003-00000. REFERRED TO THE COMMITTEE ON FINANCE. No. 51 Report of Emergency Demolition Bid for 320 Purdy Due to the very serious and hazardous condition of the fire-damaged building located at the above-stated address, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e. in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on March 18, 1996 and that the contract will be awarded to the lowest responsible bidder: ADDRESS AND OWNER CONTRACTOR/DOLLAR AMT.BID 320 Purdy Amirs Vision, Inc. John Everett $6,800.00 320 Purdy Buffalo, New York 14208 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000 and that said cost shall be collected against the owner or person benefitted, under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE. No. 52 Report of Pre-Demolition Asbestos Removal for Various Locations Please be advised that Pre-Demolition Asbestos Removal bid offers were solicited by our department on March 14, 1996 and that the contract will be awarded to the following responsible bidders: ADDRESS AND OWNER CONTRACTOR/AMOUNT BID 135 Chester - City of Buffalo Georgian Bay Contr. $ 575.00 218 Chester - City of Buffalo Georgian Bay Contr. $ 675.00 40 Eaton - City of Buffalo Georgian Bay Contr. $ 2,750.00 Total Aggregate Bid - $ 4,000.00 370 Walnut City of Buffalo Georgian Bay Contr. $ 2,875.00 288 Madison - City of Buffalo Georgian Bay Contr $ 2,300.00 Total Aggregate Bid - $ 5,175.00 27 Marshall - City of Bflo. Peerless Environ.-Ctl, Inc. - $980.00 174 Winslow - City of Bflo Peerless Environ.l Ctl, Inc.- $3,654.00 Total Aggregate Bid - $4,634.00 Please be further advised that our department will solicit bids for the demolition of these buildings upon completion and acceptance of the removal of asbestos. We, therefore, respectfully request that upon approval by your Honorable Body and inspections made by this department, that the cost of the project be charged to the Capital Projects Fund #200-241-003-00000. REFERRED TO THE COMMITTEE ON FINANCE. No. 53 Report of Pre-Demolition Asbestos Removal Various Buildings Please be advised that pre-demolition asbestos bid offers were solicited by our department on March 14, 1996 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR/DOLLAR AMT BlD 20 Kiefer Georgian Bay Contracting Carlos Snowden $2,875.00 63 E. Parade Buffalo, New York 114 Walden Georgian Bay Contracting Hisham Khatib $2,200.00 4460 South Park Hamburg, New York 155 Sobieski Georgia Bay Contracting Michael A. Konopczynski $3,535.00 54 Burgandy Circle West Seneca, NY Please be further advised that our department will solicit bids for the demolition of these buildings upon completion and acceptance of the removal of the asbestos. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE. No. 54 Revert to City Building & Fire Code Item No. 203, C.C.P. 2/20/96 In response to the above stated Common Council communication I wish to supply your Honorable Body with the following response. The adoption of the New York State Uniform Fire Prevention and Building code as part of the Ordinances of the City of Buffalo was completed in 1985. This Code was adopted at that time because training aid was offered by means of State entitlements. This funding was used by local municipalities to adopt and enforce this code. Due to constraints in the New York State Budget, the funding source for this program has been eliminated. The municipalities that have adopted this Code have had to conform with this regulation. In some cases the State Uniform Building Code can be difficult to work with, particularly when converting some Downtown buildings. Other than the first floor of the majority of these structures, the State Uniform Code is so restrictive that restoration and redevelopment does not make economic sense for investors. The variance procedure for the State Uniform Code is cumbersome. When the Buffalo Building Code was a part of our Ordinances, we had the, luxury of our own Board of Appeals to address special code issues. The reality of this situation is that the return to a modified Buffalo Building Code is not the answer to all of our problems, but it may give developers the latitude they need to make a project a reality. Currently through the efforts of community minded individuals of Buffalo Place and The Department of Neighborhoods, Housing and Inspections a group has been formed to examine this dilemma. If your Honorable Body were of the mind to discuss this situation we are sure if implemented properly, the updating and implementation of a Buffalo Building Code, with our own Board of Appeals would be more user friendly without compromising the health, safety and welfare of the citizenry of the City of Buffalo. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 55 C. Giffasi - Tenant Damage to Rental Units Item No. 112, C.C.P. 2/20/96 In response to the above stated Common Council communication I wish to supply your Honorable Body with the following information. We in the Department of Neighborhoods Housing and Inspections are the enforcement agency for violations of the Housing and Property Code as it relates to minimum housing standards. We are constantly summoned to dwelling units that have been ill cared for, to cited violations that may or may not be the fault of the owner. We are not a party to any type of agreement between the homeowner and tenant. Under current staffing levels it would not be possible for our Department to become involved in the practice of providing pre or post inspection of dwelling units used for rental property. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE SPECIAL COMMITTEE ON GOVERNMENT RELATIONS. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 56 Memorandum of Agreement between the City of Buffalo and Local 264, AFSCME, AFL-CIO Attached please find a Memorandum of Agreement between the City and Local 264, AFSCME, AFL-CIO, concerning the creation of a new title, Streetworker, in the Department of Street Sanitation. The salary for this new title will be $1,000 above the current salary for the title of Laborer (Daily), and will be retroactive to July 1, 1994. The Streetworker title will be filled by employees currently holding the title of Laborer or Sanitation Worker. In addition, this Agreement provides a $1,000 salary upgrade for employees holding the title of Truck Driver in the Department of Street Sanitation. This upgrade is retroactive to July 1, 1994. Your approval of this Memorandum of Agreement is respectfully requested. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 57 Memorandum of Agreement between the City of Buffalo and Teamsters Local 264, AFL-CIO July 1, 1995 through June 30, 1998 Attached please find a Memorandum of Agreement between the City and Teamsters Local 264, AFL-CIO, for the contract period July 1, 1995 through June 30, 1996. This Agreement is applicable to approximately 40 employees, and provides a $300 bonus payment on June 30, 1996, a 3% salary increase for fiscal year 96-97 and a 3% salary increase for fiscal year 97-98. Effective July 1, 1996, the job titles of Machine Operator and Caulker will be consolidated and employees holding the title of Machine Operator will be compensated at the Caulker rate of pay. In addition, this Agreement provides wage adjustments to the base salary for all titles as follows: $225 on July 1, 1996 and $375 on July 1, 1997. The parties have also agreed to modify the following contractual provisions: health insurance coverage (medical, dental and medical waiver), sick leave, vacation, leaves of absence without pay, work rules for reserve crews, pledge against discrimination and the selection of hearing officers for discipline. New provisions will be added to address the Family and Medical Leave Act and the obligation of Successors and Assigns in the event of a sale, assignment or transfer of the Water Authority. Your approval of this Memorandum of Agreement is respectfully requested. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 58 Request Executive Session-Litigation Report Update By this communication I am requesting that the Common Council convene a meeting in Executive Session to discuss pending litigation involving claims against the City. Senior Deputy Corporation Counsel Michael Risman and myself would like to brief the Common Council on the 1996-97 judgment and claims requirements and the City's potential liabilities in subsequent fiscal years. REFERRED TO THE SPECIAL COMMITTEE ON THE BUDGET. No. 59 Performance Audit - Division of Treasury Centralization Finding A. Historically, I have been a strong advocate of centralizing the collection and receipting of all payments in the division of treasury. Since the summer of '94, the centralization discussions have been visited on several occasions and have included the departments of law, data processing, audit, accounting and administration and finance. However, a number of concerns have been expressed by many of the various departments that would be effected. To my knowledge these concerns have not addressed. Manpower staffing should be reviewed as part of the centralization process before it goes into affect. Additionally, the accounts receivable system needs to be automated and we need to work toward all payments receipted by the treasury being directly applied to the system. Presently, the accounts receivable system, which is utilized by the majority of the departments, is manual and antiquated. The updating of the files for payments received for taxes, water. And parking summons have taken 1-2 days. To take on additional workloads without additional staff, as demonstrated by the centralization of dishonored checks during the summer 1995, would be unfair to both new and old users of the treasury. Parking Meter Collection Finding B. The division of treasury along with the buffalo police department is charged with the duty of collecting the parking meter revenue. A staffing pool is not a good idea because of the nature of the security of the assigned task. Presently the traffic unit of the police department replaces the parking meter collector as needed. Using officers with injured on duty status is also not a good idea because of the physical demands that are involved in lifting cases of canisters and/or the collection boxes that are filled with quarters. The issue of privatization runs into two problems: first, the city went to police collection in the late 1970's when it was discovered that private collections were more costly and questionable collections procedures were being followed. Secondly, since this function was assigned to the police department, it could raise a problem with the P.B.A. Refer to A&F Com.#58 C.C.P. February 6,1996 for further discussion. Parking Meter Canisters Finding C. . Canisters are distributed by full cases and returned as such. Broken cans are removed from circulation and replaced with extra can and destroyed at a later date. All circumstances preventing collection are reported as such on a daily basis and the proper divisions are notified. Any additional efforts to inventory the generic canisters would cause additional delays in the collection process NSF Checks Finding D. The majority of checks that are returned for insufficient funds are for tax and water payments and parking summons. In that the division of treasury is not the issuing agent we have no authority to withhold a license, birth or death certificate, or permit to await clearance of the check, during our centralization discussions we have suggested, and the law department concurs, that a workable policy for persons who want to receive the aforementioned items immediately would be for the person to pay cash, we would notify all persons effected that the city of buffalo has revised its' policy for persons remitting payments by check for the above. "Processfng time" would be either 1-3 or 3-5 days. If you like to receive a license, permit, etc. At the time of payment we would request cash. Processing of Payments Finding E. Recommendations have been made in the past for adding optical scan lines to various city documents, but the issuing departments do not the technology to accomplish this task. The use of "lock box", ATM payments or bank and supermarkets causes two problems, first, outside institutions would only be able to handle perfect payments and there is a cost involved to handle perfect payments and there is a cost involved that we will be unable to pass on to the user like utility companies do. The second problem is that many payments involve multiple funds (water/sewer, taxes/sewer), so that direct deposit into accounts by an outside agency without proper breakdown would be impossible. Drop Box Finding F. The express payment concept was used prior to the treasury assuming parking ticket payments. Because parking tickets are governed by date, customers would drop predated checks into the express box and claim that treasury failed to process these payments on a timely basis, so the express box was eliminated. Overage/Shortage Finding G. The till overage account A was established to deposit moneys that represent an unrecognizable, material overage after an audit of said overage has been performed. Overages are often a result of data processing errors and are corrected in the next days business, therefore a deposit into the till overage account is unnecessary. The city auditor has told the treasury that no audit will be performed for amounts under $20.00, Therefore this recommendation is contrary in direction. Voided Transactions Finding H. Most voided transaction are the result of the data processing system going down during the course of a transaction, therefore the teller must go "off-line" to produce a receipt for the customer causing a voided transaction. Clearing Account Finding I. The division of treasury does not have the funds to purchase a software package for the clearing account or to purchase pre-numbered checks Bank Reconciliation Finding J. In the past all accumulated charges were offset from interest earned. At the present time there are no available funds in the treasury budget to pay these charges. The treasury only reconciles three bank accounts. None of these accounts are part of the city books but merely clearing accounts for certain functions and we feel that the reconciliation process that we use is sufficient. It is inappropriate to include this third comment in the treasury audit in that it is directed to data processing. Clearing Account Finding K. The clearing account is used when payments must be split between funds. The current practice of using the clearing account is the only avenue available without going through the costly procedure of preparing orders and vouchers on a daily basis to disburse these funds. The two day federal clearing was established by the comptroller's office and the bank to facilitate the bank. Prior to this agreement funds were distributed the next day. Investments Finding L. By State law the city is only allowed to invest in certain types of investments, e.g. Certificate of deposits or repurchase agreements. Since the amount of the treasury investments are not significant, certificates of deposits are the only available option. When an attempt was made by treasury to pool these investment funds in these accounts, the division of audit put a stop to this practice because it was felt that these accounts must remain separate and distinct and at a certain level so the excess funds could be invested by the investment/debt management officer. Dormant Trust and Agency Funds Finding M. This finding should be directed to the division of accounting for a response. Agency Accounts Finding N. Due to the conditions of the endowments that established these accounts the treasurer is responsible for the disbursement of these funds. Therefore any attempts to change the current structure of the expenditure of agency funds could void the agreements and loss of funds to the city. Records Finding O. Since the treasury has no available funds for purchasing software, the manual system, which is time consuming but very accurate, must be maintained until funds are provided to modernize treasury's record keeping. Installation of windows 95-quicken would readily avail us of the computercheck writing system. The abstract ledge is used to prepare all treasury records, therefore is very essential. I am available to discuss this matter further REFERRED TO THE COMMITTEE ON FINANCE. No. 60 Twn. of Perrysburg-claim No.94 C.C.P., 9/19/96) The city's position is that it has not abandoned the parcel; the law department has communicated with the town of Perrysburg and I would defer to them for the time being. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON FINANCE No. 61 Establish Night Court Hours No. .195 C.C.P. 3/5/96) This office supports wholeheartedly any ideas that might result in the reduction of court time costs. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION No. 62 Certificate of Appointment Appointment Effective: March 25, 1996, in the Department of Administration and Finance, Division of Parking Enforcement, Ted Kniazuk, 316 Willett, Buffalo, NY 14206, to the Position of Parking Meter Mechanic Temporary at the: Intermediate Starting Salary of: $ 23,586 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION No. 63 Recommendation - Golf Course Audit Per the Golf Course Audit Report, Dated Oct. 3, 1995 (Filed Jan. 10, 1996 Item #220, C.C.P. 09/19/95.) Re: Recormnendation to use the Concessionaire at the Golf Courses as an alternative to Park's Fee Collectors. We are proposing a one (1) year pilot project at the Cazenovia Golf Course with the existing Concessionaire Mr. Ed Fallon - Grandpa's Place, Inc.. (Item #48 - March 3, 1987). Mr. Fallon agrees to provide the employees to collect fees at the Concession Stand and, further to take responsibility to insure that these revenues are handled and recorded per the existing revenue collection procedures. The intent of this project is to maximize daily golf revenues and at the same time, save the City the cost of employing fee coIlectors at this site. Mr. Fallon has agreed to provide this service in lieu of waiver of his annual concession rent for the 1996 Season - $4, 800.00. 'Me projected cost of this service if provided by the Parks Department presently costs approximately S500.00/week. ($500.00/week X 26 week season = $13,000.00.) A savings of approximately $8,000.00 in seasonal temporary salaries is projected to the City for the upcoming 1996 Season, under this plan. Note - A City employed Golf Starter would still be employed at Cazenovia- The Starter would work in close cooperation with the Ed Fallon fee collection to further insure that all golf revenue due the City is collected. Further, as an incentive to the Concessionaire and to insure maximum revenue collection: We, also, are proposing to pay Mr. Fallon a 5% bonus of all daily gross revenues over and above the 1995 daily revenues at Cazenovia. The 1995 total daily revenues for Cazenovia have been determined to be $96,000. 00. In choosing the Cazenovia Golf Concession for this pilot project, please note that Mr. Fallon is in the final year (1996) of a five (5) + five (5) year contract He has never defaulted on his annual rent payments, never requested a waiver, and is currently paid up to date. We are requesting the authorization of your honorable body in order to proceed with this pilot project, which would begin the day the Golf Courses open April 27, 1996. REFERRED TO THE COMMITTEE ON FINANCE No. 64 Certificate of Appointment Appointment Effective March 25, 1996, in the Department of Human Services, Parks and Recreation, Division of Substance Abuse Services, Ndidi H. Nwabugwu, 217 LaSa.Ile Ave., Buffalo 14214, to the position of Reimbursement Specialist, Temporary, at the: Intermediate Starting Salary or: $ 23,380 REFERRED TO THE COMMITTEE ON CIVIL SERVICES FROM THE BOARD OF EDUCATION No. 65 Update on School Uniforms Item # 189, C.C.P. 03/05/96 The Board of Education's Executive Committee has been closely monitoring the school uniform/dress code question. The School District currently has two schools, Westminster Community School (School #68) and Harbour Heights Elementary (School #4), which have initiated voluntary dress code policies. Harbour Heights' program has just begun and Westminster Community School has had the voluntary policy in effect for over a year. The participation at Westminster Community School has ranged from 65% daily to 97% on Special black and white days. The School District and the Board of Education's Executive Committee are of the opinion that a uniform policy cannot legally be enforced. This opinion differs from Councilman Franczyk's resolution .which states that 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. This difference of opinion begs a legal clarification from the Corporation Counsels Office. 1. Can the Board of Education legally enforce a uniform policy? or 2. Is the Board of Education's current practice of allowing dress code on a voluntary basis the only way possible in New York State? I would ask that the Corporation Counsels office research these questions so everyone understands the document distributed by the Federal Education Department and it's impact on the Buffalo Public Schools. REFERRED TO THE COMMITTEE ON EDUCATION AND THE CORPORATION COUNSEL No. 66 Update on School Uniform Item #189, C.C.P. 03/05/96 The Buffalo Board of Education's dress code policy is follows: I. Headgear may not be worn in school, except for students who do so as a part of a recognized religious practice or for medical reasons. 2. Coats, hats, jackets, or outer wear may not be worn in the building during regular scheduled school hours. 3. Clothing that is disruptive to the learning environment (Examples: halter tops, tank tops, muscle shirts, hot pants (short shorts) or other shorts above mid-thigh, mini-skirts, spandex style wear without a long covering top or some type, or clothing depicting obscene words or graphics) is not acceptable. 4. Clothing that is identifiable as a symbol of gang membership may not be worn. 5. Jewelry that may be deemed a weapon (Example: spiked rings or belts) is not acceptable. 6. Clog style or other footwear that could be considered unsafe is not acceptable. 7. Special clothing required for safety reasons in a lab or certain vocational programs is acceptable. Clothing shall be clean and presentable. The policy at both Harbour Heights Elementary School (School #4) and Westminster Community School (#68) consists of letters sent home to the parents asking them to participate in the voluntary dress code program. (see attached). For clarification purposes the black and white day at Westminster Community School is a one day event to try to have everyone at school wear black and white for that particular day. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE CITY CLERK No. 67 Mayor Reported Out of State I transmit herewith a communication received by me from the Mayor, reporting his absence from the state from Thursday, March 28, 1996 from 6:00 p.m. until Monday, April 8, 1996 at 9:00 p.m. RECEIVED AND FILED. No. 68 Disposition of City Records The following departments have requested to dispose of City Records as indicated on the attached forms. Based on the information provided I have authorized the disposition of these records in my capacity as City Records Management Officer Fire Dept. Dept. of Audit & Control Dept. of Neighborhood Housing & Inspections Dept. of Streets RECEIVED AND FILED. No. 69 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 1412 Kensington C B Max's F & D. Barron 51 Court Court St. Pub Karen beck RECEIVED AND FILED 70 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: Comptroller - Daniel Bohen Neighborhoods, Housing and Inspections - Barbara Carson, Edwin Hernandez RECEIVED AND FILED. No. 71 Reports of Attendance I transmit herewith communications received by me, from the various boards, comissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Stadium and Auditorium City Planning Board Emergency Medical Services Board RECEIVED AND FILED. No. 72 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 March 26, 1996 in the Department of Mayor Division of Youth Opportunity & Employment Programs, Thomas V. Aurelio, 249 D Kenville Rd. Buffalo, N.Y. 14215, to the Position of Intern VI, Seasonal, at the Flat Starting Salary of $8.00. No. 73 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 ADMINISTRATION & FINANCE Appointment Effective March 25, 1996 in the Department Of Administration and Finance, Division of Parking Enforcement, Paul B. Jackson, 155 Roosevelt Avenue, Buffalo 14215 to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22. DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION Appointment Effective March 25, 1996 in the Department of Human Services, Parks & Recreation Youth, Tanya Santiago, 40 Lowell, Buffalo 14213, to Position of Lifeguard, Seasonal, at the Flat Starting Salary of $5.20 p/h. Appointment effective March 26, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth, Joshua McMahon, 81 Briggs, Buffalo 14207, to the Position of Lifeguard Seasonal, at the Flat Starting Salary of $ 5.20 p/h. Appointment Effective March 18, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth, Melissa Saporito, 399 Hoyt Buffalo 14213, to the Position of Attendant, Temporary, at the Flat Starting Salary of $4.42 p/h. Appointment Effective March 18, 1996 in the Department of Human Services, Parks & Recreation, Division of Senior Citizens, Muriel Somma, 83 Grimes, Buffalo, NY 14212, to the position of Senior citizen Aide Seasonal, at the Flat Starting Salary of $5.20 pr.hr. No. 74 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF PUBLIC WORKS Appointment effective March 18, 1996 in the Department of Public Works Division of Buildings, Robert J. Roof, 417 Abbott Road, Buffalo 14220 to the Position of, Steamfitter, Provisional, at the Minimum Starting Salary of $ 23,715. Appointment Effective March 25, 1996 in the Department of Public Works, Division of water Paul T. Dombrowski, 46 Clay Street, Buffalo 14207, to the Position of Dispatcher, Temporary, at the Minimum Starting Salary of $23,526. DEPARTMENT OF FIRE Appointment Effective March 19, 1996 in the Department of Fire, Division of Fire - Alarm & Telegraph to the Position of Assistant Fire Alarm Dispatcher, permanent, at the Flat Starting Salary of $ 45,693. Terry Gross, 20 Cayuga Blvd. - Lot 31, Depew, N Y 14043 Ronald Morganti, Jr., 61 Naples Drive, W Seneca, NY 14224 Appointment Effective March 25, 1996 in the Department of Fire William Clotfelder, 268 Miller, Depew, 14043, to the Position of Fire Captain Permanent, at the flat Starting Salary of $50,763. Appointment Effective March 25, 1996 in the Department of Fire Marc Cheman,. 7361 Eddy Road, Colden, New York 14033, to the Position of Fire Captain Contingent Permanent, at the flat Starting Salary of $50,763. Appointment Effective March 25, 1996 in the Department of Fire John Quinlivan, 554 Downing, Buffalo, 14220, to the Position of Fire Lieutenant permanent, at the Flat Starting Salary of $48,310. Appointment Effective March 25, 1996 in the Department of Fire Gerald Whalen, 6 Ladner, Buffalo, New York 14220, to the Position of Fire Lieutenant Contingent Permanent, at the flat Starting Salary of $48,310. DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION Appointment effective March 25, 1995 in the Department of Human Services, Parks & Recreation, Division of Substance Abuse Services, Laura Lonie 33 Ridgewood Rd. Buffalo 14220 to the position of Reimbursement Specialist, Permanent, at the Minimum Starting Salary of $22,887. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 75 BOARD OF BLOCK CLUBS Use of Pepper Spray The Board of Block Clubs, Buffalo and Erie County, Inc. would like to go on record about the use of pepper spray by the police and citizens of Buffalo. During the early 1960's the citizens were allowed to use MACE until the law banned its use by private citizens, now that pepper spray has been invented, the use of this private citizens is being curtailed. 1 Pepper spray can be used by the public for protection, such as women, the elderly, and handicapped/disabled people who need to be out. Rape and the preying by the criminal element on those unable to protect themselves have become a business in the Buffalo area and must be stopped. It has been estimated that for each case of rape called in there are 9 which are not reported to the police. 2. Some of the use by the police should be curtailed. Some of the officers have been using pepper spray with massive force or in cases where talking would work just as well. We realize that police officers have a hard time on the streets these days, but common sense must prevail. 3. While the largest component of complaints come because of people being allergic to the pepper in the spray, it must also be noticed that the spray doesn't affect some people including some of the most dangerous, those who are high on drugs. We, would like to reiterate, pepper spray can be useful, but the use of it needs to be regulated. It cannot only be used by the police, but in smaller and containers to be used by the citizens who can be trained and certified in the use of the spray like the police are trained to use the pepper spray. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 76 COMMUNITY ACTION INFO. CENTER Info-Renaming Makowski Center Follow up letter for the petition filed. RE: renaming of the Stanley Makowski Early Childhood Center at Jefferson and Best Street. We the Movers & Shakers and the community at large are asking that the name be changed, from Stanley Makowski Early Childhood Center to read as follow, Stanley Makowski/Lydia Wright Early Childhood Center. We feel that this name change will better represent the interest of the community and the city of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 77 ERIE COUNTY WATER QUALITY COMMITTEE Buffalo River Watershed Signage Project As you drive around Erie County, you may have seen Buffalo River Watershed sign.-. These signs are part of a program implemented by the Erie County Water Quality Committee (ECWQC) to raise public awareness about watersheds and water quality issues 'in Erie County. Awareness of the Buffalo River watershed is particularly important because the watershed contributes to water quality problems in the Buffalo River, which is one of 42 identified "toxic hot spots" around the Great Lakes. Watershed awareness also helps focus attention on individual environmental impacts and opportunities for improvement. The ECWQC hopes to expand this watershed and water quality awareness effort by placing identifying signs at county road stream crossings in the Buffalo River watershed The group has hopes of expanding the program to include the entire county, but right now, we are focusing on the Buffalo River watershed. Very few streams arc identified at present, and our goal is to place signs at 58 county bridges. If your group is interested in helping erect signs for one stream , the price is $40 for the cost of fabricating two signs. The total cost of this is approximately $5,000. The ECWQC will contribute $1,500 toward the project. The Erie County Department of Public Works has offered to erect the signs at no cost to the ECWQC. We are asking other organizations with an interest in the Buffalo River watershed to contribute to the project. Please contact me at 652-7874 if you are interested in contributing funds or labor to support the Buffalo River Watershed Sign Project, or if you need more information on the ECWQC. REFERRED TO THE COMMITTEE ON FINANCE. No. 78 NYSDOT Executed Agreements for Transportation Enhancement Projects Considerable time has elapsed since your Transportation Enhancement Project, the S.S. Canadiana Preservation & Restoration Project, was selected for implementation. A signed agreement is necessary so your project may be advanced in a timely manner. Please provide our office with the signed agreement or a written request for an extension by April 15, 1996. Sponsors requesting an extension must justify why the projects should stiff be under active consideration by the Department. This justification should identify any and all problems delaying the signing of the project agreement along with a specific strategy for moving the agreement forward, including specific dates for resolution. If you have any questions, please contact Kurt Felgemacher of my staff at 847-3248. RECEIVED AND FILED. No. 79 NYSDOT Design Report, etc-Delaware Avenue We are transmitting for your review one copy of the Design Report Environmental Assessment (DR/EA), dated February 1996. This report has been prepared in accordance with the National Environmental Policy Act (NEPA) and the New York State Environmental Quality Review Act (SEQR). The report presents a study of proposed alternate designs and the Department's evaluation of the social, economic and environmental effects upon the human environment. Please make the DR/EA available for public review and comment during normal working hours. We solicit your comments on the proposed project. Your comments should be as specific as possible and should address either the merits of the proposed project or the adequacy of the report or both. Please forward your comments to us by April 25, 1996. A public hearing will be held at 7:30 p.m. on April 16, 1996 at The Buffalo and Erie County Historical Society, located at 25 Nottingham Court, Buffalo, New York. All pertinent comments, including those received at the public hearing, will be evaluated before a final design is selected. Any questions may be directed to Kenneth Kuminski, P.E., Project Manager, at (716)847-3191. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 80 R. RESTORFF Notice of Filing Rezoning-736 Kenmore with Erie County Clerk Attached is a receipt relative to my filing of the rezoning of 736-756 Kenmore Avenue with the County Clerk's Office on March 15, 1996. RECEIVED AND FILED. No. 81 SO. BFLO. COMMUNITY ASSOC. Cazenovia/Timothy Burvid Ice Rink Proposal Enclosed please find the self supporting program, operated by the South Buffalo Community Association,(SBCA) at the Cazenovia/Timothy Burvid. The SBCA will lease the rink for a period of (8) weeks (Monday August 19, 1996 to Sunday, October 13, 1996). The attached proposal includes the terms, payment, operations, rental rates, audit, staffing, utilities, maintenance, tax exempt status, concessions, public skating, indemnification, advertising and administrative fees. If you or your colleagues have any questions please do not hesitate to call me at 822-4532. Thank you for your time and attention in this matter and I look forward to your response. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, AND LOCAL 264. No. 82 TRINITY EPISCOPAL CHURCH Request Banner-Delaware I am writing on behalf of the Trinity White Elephant Sale and am seeking permission to bang a banner across Delaware Avenue advertising the event. It is our intention to bang a banner across Delaware Avenue in front of the Trinity Episcopal Church located at 371 Delaware Avenue from April 15th through May 12 th, 1996. At the next Common Council meeting, would you kindly issue a resolution granting permission for the installation of said banner, and forward the same to my office? We are familiar with the banner requirements and will purchase the necessary bond before the banner will be hung. Please contact me should you have any questions. Thank you. Mrs. LoTempio moved: That the communication from Susan A. Williams, dated March 18, 4996, be received and filed; and That Trinity Episcopal Church is authorized to hang a banner across 371 Delaware Avenue from April 15 through May 12, 1996 for the White Elephant Sale, with conditions as determined by the Department of Public Works. PASSED. AYES- 12 NOES- 0 PETITIONS No. 83 Bflo. Hearing & Speech Center, petition to use 50 North St., East, for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 84 New Bethel Community, owner, petition to use 167 Englewood for a soup kitchen. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 85 Hamlin Park Community & Taxpayers Association Petition in opposition to the closing of Police Precinct No. 6. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION. REGULAR COMMITTEES CIVIL SERVICE HON. DAVID CZAJKA CHAIRMAN No. 86 Emp. Status-J. Glynn (Item # 131 CCP February 20, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. AYES- BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, QUINTANA WILLIAMS, ZUCHLEWSKI- 11 NOES- COPPOLA - 1 No. 87 Emp. Status.-J. Glynn (CSC) (Item # 73 CCP March 19, 1996) That the above mentioned Item be and the same i hereby received and filed. ADOPTED. AYES- BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, QUINTANA WILLIAMS, ZUCHLEWSKI- 11 NOES- COPPOLA - 1 No. 88 Appointment Senior Counselor That Communication 70 March 19, 1996 be received and filed and the Temporary appointment of Jacqueline Ostanski stated above at the Intermediate salary $27,535.00 effective on March 4, 1996 is hereby approved. PASSED. AYES - 12 NOES - 0 No. 89 Notices of Appt.-Temp/Prov/Perm (Item # 85 CCP March 19, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID FRANCZYK CHAIRMAN No. 90 Baker - City Sponsorship Canadiana (Item # 130 CCP September 5, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 91 City Sponsorship of Canadiana (Item No. 27, C.C.P., Sep. 19, 1995) That the Commissioner of Public Works be, and he hereby is, authorized to work with the Canadiana Preservation Society, Inc. in the application process for the S.S. Canadiana Preservation and Restoration Project ("Project"). The City shall continue to cooperate in the Project if the Canadiana Preservation Society, Inc. provides the City with a $20,000 Annual Maintenance and Operation Bond for ten (10) years or cash in lieu of bond and provides full insurance coverage for the value of the Project ($5 1 8, 000) or greater after the Project is complete. This authorization is subject to the State Department of Transportation's approval of this arrangement. PASSED. AYES - 12 NOES - 0 No. 92 Conversion-Court Yard Mall/Gambling Cas. (CD) (Item # 44 CCP October 3, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 93 H H Acq. Corp-Req. Aband.Segment-Windermere (Item # 61 CCP December 12, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 94 Abandon Windemere (Item # 17 CCP December 12, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 95 Abandon Windemere Blvd. (NHI) (Item # 138 CCP January 23, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 96 Abandonment - Windemere Boulevard (Item No. 14, C.C.P., Mar. 19, 1996) That the Comptroller be, and he hereby is, authorized to abandon and sell Windemere Boulevard to H-H Acquisition Corporation in consideration of an exchange of a Capen Boulevard parcel owned by H-H Acquisition Corporation, subject to a satisfactory environmental review on the Capen Boulevard parcel and the formulation of underground utility, watermain and sewer main access agreements for the Windemere Boulevard property as outlined in Item No. 17, C. C. P., December 12, 1995; and any other conditions as determined by the Comptroller, the Commissioner of Public Works and the Corporation Counsel; and That the Corporation Counsel be, and he hereby is, authorized to prepare the necessary documents for the transfer of title; and That the Mayor be, and he hereby is, authorized to execute and deliver such documents in accordance with the terms of sale. PASSED. AYES - 12 NOES - 0 No. 97 Capital Budget Amend. (Item # 158 CCP Nov. 28, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 98 Checks Received (Item # 39 CCP December 12, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 99 Checks Received (Item # 33 CCP December 26, 1995) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 100 Checks Received (Compt) (Item # 8 CCP January 9, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 101 Result of Negotiations - 873 Seneca Street (Item No. 13, C.C.P,, Mar. 19, 1996) That the offer of Ms. Paulette Pawlak, 818 Carroll Street, in the sum of $750.00 (Seven Hundred Fifty Dollars) to purchase the property described as 873 Seneca Street, be and hereby is accepted; and That the appraisal requested -by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. 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- 12 NOES - 0 No. 102 North AmeriCare Park 1996-97 Budget (Item No.3, C. C. P., Feb. 6, 1996) (Item No. 122, C.C.P., Mar. 5, 1996) That this Common Council approves the North AmeriCare Park 1996-97 fiscal year budget which runs from April I through March 31. PASSED. AYES - 12 NOES - 0 No. 103 Moving Fence North Americare Pk. (Item # 207 CCP March 5, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 104 Moving Fence-North AmeriCare Pk. (Stad/Aud) (Item # 6 CCP March 19, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 105 Lease-Naming Rights-North AmeriCare Pk. (Item # 76 CCP March 19, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 106 E. Saunders - Complaint Prop. Tax Payment (Item # 87 CCP March 5, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 107 Reply to Audit - Treasury (Pol) (Item # 107 CCP March 5, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 108 Reply to Audit - Treasury (Item # 108 CCP March 5, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 109 Reply to Audit - Treasury (A&F) (Item # 109 CCP March 5, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 110 Reply to Audit - Treasurer (Item # 110 CCP March 5, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 111 Certiorari Proceedings 155 Chandler Street (Item No. 15, C.C.P., Mar. 19, 1996) That the Corporation Counsel be authorized and directed to settle the 1988-89 through 1995-96 certiorari proceedings on 155 Chandler Street, by reducing the assessments for fiscal years 1992-93 through and including 1995-96 to $200,000. PASSED. AYES - 12 NOES - 0 No. 112 Certiorari Proceedings 166 Chandler Street (Item No - 16, C.C.P., Mar. 19, 1996) That the Corporation Counsel be authorized and directed to settle the 1988-89 through 1995-96 certiorari proceedings on 166 Chandler Street, by reducing the assessments for fiscal years 1992-93 through and including 1995-96 to $200,000. PASSED. AYES - 12 NOES - 0. No. 113 Report of Emergency Demolition - 128 Genesee (Item No. 57, C.C.P., Mar. 19, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to P. D. S. at a cost of $12,000.00, relating to 128 Genesee, is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter II 3 of the Code of the City of Buffalo. PASSED. AYES - 12 NOES - 0 No. 114 Report of Emergency Demolition - 389 Monroe, etc. (Item No. 58, C.C.P., Mar. 19, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Lebis Enterprises at a cost of $3,800.00, relating to 3 89 Monroe; at a cost of $4, 1 00. 00, relating to 402 Monroe; at a cost of $3,800.00, relating to 33 Matthews; at a cost of $8,300.00, relating to 249 Fox for a total aggregate bid of $20,000.00; are hereby confirmed, ratified and approved, with said cost to be charged to Capital Projects Fund #200-241-003-00000. PASSED. AYES - 12 NOES - 0 No. 115 Report of Emergency Demolition - 257 Pine, etc. (Item No. 59, C.C.P., Mar. 19, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Youngs Auto & House Wrecking at a cost of $4,300.00, relating to 257 Pine; at a cost of $5,600.00, relating to 30 Paderewski Drive; at a cost of $4,760.00, relating to 317 Jefferson- at a cost of $4,735.00, relating to 257 Peckham for a total aggregate bid of $19,395.00; are hereby confirmed, ratified and approved, with said cost to be charged to Capital Projects Fund #200-241-003-00000. PASSED. AYES - 12 NOES - 0 No. 116 Report of Emergency Demolition - 254 Wilson (Item No. 60, C.C.P., Mar. 19, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contract to J. Martin at a cost of $3,750.00, relating to 254 Wilson is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Code of the City of Buffalo. PASSED. AYES - 12 NOES - 0 No. 117 Report of Pre-Demolition Asbestos - Various Locations (Item No. 61, C.C.P., Mar. 19, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of Pre-Demolition Asbestos Removal contracts to Georgian Bay Contracting at a cost of $2,607.00, relating to 191 Miller; at a cost of $750.00, relating to 202 Titus; at a cost of $2,775.00, relating to 91 Wasmuth for a total aggregate bid of $6,195.00; are hereby confirmed, ratified and approved, with said cost to be charged to Capital Projects Fund #200-241-003-00000. PASSED. AYES - 12 NOES - 0 No. 118 Report of Pre-Demolition Asbestos - Various Locations, 35 Rohr, etc. (Item No. 62, C.C.P., Mar. 19, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of Pre-Demolition Asbestos Removal contracts to Georgian Bay Contracting at a cost of $725. 00, relating to 35 Rohr; at a cost of $3,600. 00, relating to 41 8 Sweet for a total aggregate bid of $4,325.00; are hereby confirmed, ratified and approved, with said cost to be charged to Capital Projects Fund #200-241-003-00000. PASSED. AYES - 12 NOES - 0 No. 119 Downtown Spec. Distr. Vend. Sites 1996-97 (Item # 64 CCP March 19, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 120 Info-E. Saunders-Compt.Prop. Tax Payment (Item # 66 CCP March 19, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 121 Golf Rate Changes for 1996 Season (Item No. 67, C.C.P., Mar. 19, 1996) That the Commissioner of Human Services and Parks and Recreation and the Corporation Counsel be, and they hereby are, authorized to prepare an ordinance amendment to the golf fee schedule for the 1996 golf season as more fully described in the above communication. PASSED. AYES - 12 NOES - 0 No. 122 Erie Co. Exec.-Remediation Tona. FUSRAP sites (Item # 86 CCP March 19, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 123 NYSDEC-Haz. Site - 3115 River Road (Item # 90 CCP March 19, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 124 General Portland, Inc.- Petition To Use 575 Ohio St-Loading Sheds/Silos (Item No. 98, C.C.P., Mar. 19, 1996) That after a public hearing before the Committee on Legislation on March 26, 1996, the petition of General Portland, Inc., owner, for permission to use 575 Ohio Street for loading sheds/silos be, and hereby is approved on the condition that landscaping and shade trees be provided on the property as closed to the water's edge as appropriate and advisable. PASSED. AYES - 12 NOES - 0. No. 125 Niagara Frontier Growers Co Op - Petition to use 1443 Clinton - Pole Sign (Item No. 81, C.C.P., Oct. 31, 1995) (Item No. 134, C.C.P., Nov. 14, 1995) That after a public hearing before the Committee on Legislation on March 26, 1996, the petition of Niagara Frontier Growers Co Op, owner, for permission to use 1443 Clinton Street for a pole sign be, and hereby is approved. PASSED. AYES - 12 NOES - 0 No. 126 Use 2183 Main (C.P. Bd.) (Item # 2 CCP March 19, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 127 Benedict House - Main Street Campus SEQR Lead Agency Designation (Item No. 75, C.C.P., Mar.. 19, 1996) That the Urban Renewal Agency to act as Lead Agency for the above referenced project in accordance with Section 617.6 of the New York State Environmental Quality Review Act. PASSED. AYES - 12 NOES - 0 No. 128 H-H Acquisition Corp. - Appeal (Item No. 87, C.C.P., Mar. 19, 1996) That after a public hearing held before the Committee on Legislation on March 26, 1996, the decision of the City Planning Board to deny the request of H-H Acquisition Corp. to erect a Walgreens at the corners of Main Street and Kenmore Avenue, be and hereby is overturned; and That the petition of H-H Acquisition Corp. to erect a Walgreens at the corners of Main Street and Kenmore Avenue, be and hereby is approved. PASSED. AYES- 12 NOES - 0 No. 129 Walgreen's-Main/Kenmore (Item # 137 CCP March 19, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 130 Hire Priv. Contractor-Snow Emergencies (Item # 154 CCP December 26, 1995) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 131 Asst. by Priv. Contractors-Snow Emerg. (Item # 52 CCP January 23, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 132 Local. 264-Hire Priv. Contractor-Snow Emergencies (Item # 89 CCP March 19, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 133 Designation of Nominee for Appointment to the Board of Trustees of the Buffalo and Erie County Library (Item No. 1, C.C.P., Jan. 23, 1996) That the Mayor be, and he hereby is authorized to submit to the Erie County Executive, the name of Salvatore R. Martoche, 232 Lincoln Parkway, as a nominee for the appointment of a member of the Board of Trustees of the Buffalo and Erie County Library. LOST. AYES- COPPOLA, HELFER, LOCKWOOD, LOTEMPIO- 4 NOES- BROWN, CZAJKA, FRANCZYK, GRAY, KAVANAUGH, QUINTANA, WILLIAMS, ZUCHLEWSKI- 8 No. 134 Appt. Bd. of Trustees - Library (Item # 46 CCP March 19, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 135 Licensing Absentee Landlords (Item # 89 CCP February 20, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 136 Create Cobblestone Review Area (Item # 9 CCP February 20, 1996) That the above mentioned item be and the same is hereby referred to committee on Design Review. ADOPTED. No. 137 Circumstance-Refuse Collector Death (Item # 201 CCP February 20, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 138 Info-Refuse Collector's Death (Item # 33 CCP March 5, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 139 Info-Refuse Collector's Death (Item # 41 CCP March 5, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 140 Info-Refuse Collector's Death (Item # 46 CCP March 5, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 141 Info-Refuse Collector's Death (Item # 38 CCP March 19, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 142 Notification Serials #8622 8625, Install Stop Signs (All-Way) in West Delavan Avenue at Hoyt Street (Item No. 17, C.C.P., Mar. 5, 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. 8622-8625. ADOPTED. No. 143 Permanent Encroachment - 555 Elmwood Avenue (Item No. 27, C.C.P., Mar. 5, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. No. 144 Recycle Copy Paper (Item # 173 CCP March 5, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 145 Recycle Copy Paper (Item # 71 CCP March 19, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 146 Snow Dumping - Leslie & E. Ferry St. (Item # 183 CCP March 5, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 147 Snow Dumping - Leslie/E. Ferry (Item # 35 CCP March 19, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 148 Snow Dumping - Leslie/E. Ferry (Item # 49 CCP March 19, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 149 Ordinance Amendment - Chapter 413 Streets and Sidewalks (Item No. 191, C.C.P., Mar. 5, 1996) That the Ordinance Amendment as contained in Item No. 191, C.C.P., March 5, 1996, be and the same hereby is approved. PASSED. AYES - 12 NOES - 0 No. 150 Ord. Amend. Ch. 413 Sts/Sidewalks (Item # 36 CCP March 19, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 151 Ordinance Amendment - Chapter 137 - Code Enforcement (Item No. 192, C.C.P., Mar. 5, 1996) That the Ordinance Amendment as contained in item No. 192, C.C.P., March 5, 1996, be and the same hereby is approved. PASSED. AYES - 12 NOES - 0 No. 152 Garbage Receptacles (Item # 196 CCP March 5, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 153 Trash Receptacles (Item # 37 CCP March 19, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. COMMUNITY DEVELOPMENT HON. DALE ZUCHLEWSKI CHAIRMAN No. 154 LDA - Cold Springs New Housing Project Burke Brothers Construction Co., Inc. (Item No. 50, C.C.P. 3/19/96) 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 - Louis Malucci Mrs.. LoTempio now moved that the hearing be closed. Seconded Mr. Quintana. CARRIED. Mrs. LoTempio now moved that: Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated Burke Brothers Construction Co., 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 Burke Brothers Construction Co., 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 the Cold Springs New Housing Project. (2) That the Mayor of the City of Buffalo and the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED AYES - 12 NOES - 0 No. 155 LDA - Cold Springs New Housing Project Regency Homes (Item No. 51, C.C.P. 3/19/96) 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 - Louis Malucc iMrs. LoTempio now moved that the hearing be closed. Seconded Mr. Czajka. CARRIED. Mrs. LoTempio now moved that: Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated Regency Homes 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 Regency Homes 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 the Cold Springs New Housing Project. (2) That the Mayor of the City of Buffalo and the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES - 12 NOES - 0 No. 156 LDA - Halbert-Gesl New Housing Project M.J.Peterson/Forbes Housing Co. (Item No. 52, C.C.P. 3/19/96) 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 - Louis Malucci Dennis Pennman Mrs. LoTempio now moved that the hearing be closed. Seconded Mr. Coppola. CARRIED. Mrs. LoTempio now moved that: Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated M. J. Peterson/Forbes Housing, Co. and/or other legal entity to be formed as qualified and eligible Redeveloper In accordance with rules and procedures duly adopted by t 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 M.J., Peterson/Forbes-Housing, Co. 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 the Halbert-Gesl New Housing Project. (2) That the Mayor of the City of Buffalo and the Chairman or vice chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES - 12 NOES - 0 No. 157 LDA - South Ellicott New Housing Project M.J.Peterson/Forbes Housing Co. (Item No. 53, C.C.P. 3/19/96) 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 mews, 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 - Louis Malucci Mrs. LoTempio now moved that the hearing be closed. Seconded Mrs. Lockwood. CARRIED. Mrs. LoTempio now moved that: Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated M. J. Peterson/Forbes Housing, Co. 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 M.J. Peterson/Forbes Housing, Co. 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 the South Ellicott New Housing Project. (2) That the Mayor of the City of Buffalo and the Chairman or Vice Chairman of the Buffalo Urban-Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and 'for the consideration recited therein. PASSED. AYES - 12 NOES - 0 No. 158 Info.-Awarding of Bids (Item # 44 CCP March 5, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 159 Empl./Rel. Rehab. Loan (Item # 60 CCP March 5, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 160 BEDC - Var. Reports (Item # 79 CCP March 5, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 161 BEDC Sale of 22 properties on Genesee Street Neighborhood Commercial Land Bank (Item No. 80, C.C.P., Mar. 5, 1996) That the Common Council approve the sale of Twenty-two (22) parcels of BEDC-owned properties on Genesee Street (between Spring and Camp Streets) which have been designated by the Department of Neighborhoods Housing and Inspections; the Buffalo Neighborhood Revitalization Corporation; and the Buffalo Urban Renewal Agency for new housing redevelopment as part of the Genesee Village Affordable Housing Program, as more fully described in the above communication. After the approval of the Common Council the BEDC Board of Directors and the Buffalo Neighborhood Revitalization Corporation Board of Directors will approve the transfer of said properties. PASSED. AYES - 12 NOES - 0 No. 162 Transfer of Title - Urban Homestead Program 313 and 319 Abby Street (Item No. 54, C.C.P., Mar. 19, 1996) That the City-owned properties commonly known as 313 and 319 Abby Street, are hereby designated as Homestead Properties, and that the Mayor be, and he hereby is, authorized to execute deeds transferring said properties to Neighborhood Housing Services of South Buffalo, located at 1937 South Park Avenue, for the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the properties are cleared and improved within six (6) months and are maintained in a sanitary manner for at least thirty-six (36) months. PASSED. AYES - 12 NOES - 0 No. 163 Transfer of Title - Urban Homestead Program 136 Archie Street and 165 Walnut Street (Item No. 55, C.C.P., Mar. 19, 1996) That the City-owned properties commonly known as 436 Archie Street and 165 Walnut Street, are hereby designated as Homestead Properties, and that the Mayor be, and he hereby is, authorized to execute deeds transferring said properties to Mr. and Mrs. David J. Calhoun of Spears Road, Irving, New York, for the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the properties are cleared and improved within six (6) months and are maintained in a sanitary manner for at least thirty-six (36) months and that the parcels be developed according the plan as mentioned in the above communication. PASSED. AYES - 12 NOES - 0 COMMITTEE ON EDUCATION HON. BARBRA KAVANAUGH CHAIRMAN No. 164 Amend the City Charter to Include the Members of the Board of Education in the Citizens Salary Review Process (Item No. 182, C.C.P., Mar. 5, 1996) 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. ADOPTED. RESOLUTIONS No. 165 By: Mr. Brown Invite Revisions to City Tree Ordinance Whereas: By virtue of items 234 and 235, C.C.P. May 22, 19909 (see attached), this Council established a "Tree Ordinance" that requires developers to take a census of trees on a site before beginning a project and to replace, either by replanting on site or paying into a city tree fund, any trees that will be destroyed; and Whereas: After many years, the tree fund has been established, and some developers have been required to perform a tree census, but no funds have been collected and the ordinance has not had the positive impact the Council intended; and Whereas: There are some problems with the language of the ordinance amendments as adopted, and there clearly needs to be better enforcement mechanisms in place; and Whereas: The Environmental Management Commission's recent "Tree Summit" demonstrated the public interest in reforestation of the city and renewed public interest in the tree ordinance and other legislation that would support city reforestation efforts; Now, Therefore, Be It Resolved That: This Council requests the Office for the Environment to file a report on how the Tree Ordinance has been enforced, detailing any suggestions for improving the enforcement mechanism; and Be It Further Resolved That: This Council requests the Environmental Management Commission to review the city's Tree Ordinance, inviting public input from those who attended the Tree Summit if possible, and to file a report with this Council with any suggestions for changes to the ordinance. ADOPTED. No. 166 By: Mr. Coppola Questions on Tragic Death of Mark S. Virginia Whereas: Tragically, a young man died while in police custody after being stopped by two officers in an unmarked vehicle at the comer of Delaware Avenue and Nottingham Terrace; and Whereas: It has been stated in the local media that Mark S. Virginia was followed by the two police officers after being observed at a Fillmore Avenue gas station where he briefly stopped but did not buy gas, which in itself is not illegal; the officers observed an unidentified man entering and then leaving his vehicle a short time later, which is also not illegal, however, the officers suspected illegal activity, possibly a drug deal; the officers, also, readily stated that the vehicle was not speeding; and Whereas: The results of postmortem toxicology tests were just released and they indicate that Mark S. Virginia was not under the influence of illegal drugs or alcohol and an inspection of his clothing and vehicle failed to find illegal drugs in his possession; and Whereas: This Common Council recognizes that police officers have a difficult and thankless job, but wonders when it is appropriate and what is the right way to pull over and detain a citizen? Now Therefore Be It Resolved That This Common Council is saddened by the chain of events leading to the loss of Mark S. Virginia's life, and asks the following questions of the Police Commissioner: What was the factual information indicating wrongdoing so as to authorize the stop? What was the reason to pull over and then detain Mark S. Virginia? What was the reason why the suspect was asked to get out of the vehicle? What methods, including hand, arm, and leg restraints, were used to subdue him and for what reason? and Be It Further Resolved That As it appears the Virginia family will be mounting a wrongful death suit against the City of Buffalo, this Common Council requests an opinion from Corporation Counsel on the liability issues involved; and Be It Further Resolved That The City Clerk send a certified copy of this resolution to the District Attorney requesting an update on his office's investigation into the death of Mark S. Virginia; and Be It Finally Resolved That The President of the Common Council establish a task force to include members from the Police Benevolent Association, the Common Council, the Police Commissioner or his deputy, Corporation Counsel, citizens, and any others deemed necessary, to review this tragic matter and the Police Department's policy for stopping and detaining citizens. ADOPTED. No. 167 By: Mr. Coppola Request CFC Ordinance Whereas: A large scale international effort has gone into preventing the release of chlorofluorocarbons (CFC's), halons and other compounds that deplete the earth's protective ozone layer; and Whereas: Preventing the release of ozone depleting compounds is of critical importance because ozone filters harmful types of solar radiation which can cause skin cancers in people and wreak havoc on other species of animals and; Whereas: The federal Clean Air Act requires the recycling of refrigerants such as Freon, which contain ozone depleting CFC compounds; and Whereas: Increased regulation and the phasing out of ozone depleting compounds have created a black market for CFC'S; and Whereas: The use of unregulated CFC's seriously undermines the international effort preserve the ozone layer; Now, Therefore, Be It Resolved That: This Council requests the Corporation Counsel to file an ordinance amendment that would give city inspectors jurisdiction to investigate the release, or the illegal sale, transfer or use of ozone depleting compounds and to charge offenders with a punishable violation. ADOPTED. No. 168 By: Mr.. Coppola and Mrs. Williams Permission to Hang 20th Anniversary Banner - Hellenic Festival Whereas: The Hellenic Orthodox Church of the Annunciation is celebrating the 20th Anniversary of their Annual Hellenic Festival the weekend of May 17 through May 19, 1996, and Whereas: Traditionally, thousands of people from Western New York, Southern Ontario, and Northern Pennsylvania attend this annual festival, which turns the corner of Delaware and West Utica into a "little bit of Greece" and provides much needed funding for the parish-, and Whereas: Festival organizers have requested permission to hang two banners in celebration of this event at Delaware Avenue at Niagara Square and Elmwood Avenue near Hodge Street from Monday, April 15 through Monday, May 20, 1996. Now Therefore Be It Resolved That This Common Council grants permission to the organizers of the Annual Hellenic Festival to hang two banners celebrating their 20th Anniversary at Delaware Avenue at Niagara Square and Elmwood Avenue near Hodge Street from Monday, April 15 through Monday, May 20, 1996, providing the banners meet all requirements of all pertinent city departments and violate no existing laws or ordinances. PASSED. AYES - 12 NOES - 0 No. 169 By: Mr. Czajka Yearly Payment for Erie Basin Marina Slips Paid to the Aud Whereas: The Aud Club manages the Erie Basin Marina boat slips for the City of Buffalo- and Whereas: Payment for a yearly slip is due in full on February 29, 1996 for those who want to secure a slip for their boat for the summer of 1996; and Whereas- The Aud Club collects these payments earlier than other area Marinas to lock-in slip renters and avoid having vacant slips. This also enables the Aud Club to offer available slips to those on their waiting list at the earliest possible time, thereby keeping the spaces rented and offering those on the waiting list the option of choosing Eric Basin or another Marina; and Whereas: Making every effort to fill all slips for the year is a worthy goal but asking for full payment at the end of February causes economic hardship for some who may not be able to afford the full payment at once; and Whereas: It seems as though you could achieve the goal of locking people into their slip by requiring a non refundable 50% payment at the end of February, and have the rest paid by the end of April- and Whereas: Any interest earned on the monies received by the Aud Club is not paid to the city only a flat fee. Now, Therefore, Be It Resolved: That the Aud Club report to this Honorable Body on why it is necessary to ask for full payment at the end of February as opposed to a partial payment and the balance due before the end of April; and Be It Further Resolved: That the Aud Club report to this Honorable Body on approximately how much money is derived from the payments received at the end of February and how much interest is derived on that money until the end of April. ADOPTED. No. 170 By: Mr. Franczyk Bond Resolution $100,000 Bonds Reconstr. So. Buffalo Comm. Ctr. Account No. 200-402-003 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $100,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of the South Buffalo Community Center, at the estimated maximum cost of $100,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Thousand Dollars ($100,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of the South Buffalo Community Center, in the City, including interior remodeling, a new roof, flashing and other miscellaneous improvements. 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 $100,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction So. Bflo. Comm. Ctr., 1995-96, " Account No. 200-402-003, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $100,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) Said building is of at least Class "B" construction, as defined by Section I 1.00 a. I l(b) of the Law and the period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12(a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: April 2, 1996 LAID ON THE TABLE. No. 171 By: Mr. Franczyk Ordinance Amendment Chapter 175 (Chapter 413) - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 413 of Chapter 175, Fees of the Code of the City of Buffalo be amended to read as follows: Chapter 413, Streets and Sidewalks 413-4, placement of dumpster on street, roadway or public place [$12.00] $20.00 413-37, temporary storage of materials or temporary structures in sidewalk space or roadway 30-day permit, per foot [$ 0.35] $ 2.00 Minimum [$12.00] $25.00 Sidewalk or roofing contractor $105.00 annual permit APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 172 By: Mr. Franczyk Transfer of Funds Fringe Benefits - NYS Unemployment Insurance Department of Administration and Finance - Labor Relations That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $4,015 be and the same is hereby transferred from the Fringe Benefits - NYS Unemployment Insurance and said sum is hereby reappropriated as set forth below: From: 100 - General Fund 813 - Fringe Benefits 178 - NYS Unemployment Insurance $4,015 To: 100 General Fund 06 - Administration and Finance 3 - Division of Labor & Employee Relations 003 -Benefits & Management 582 - Insurance & Surety Bonds $4,015 PASSED. AYES - 12 NOES - 0 No. 173 By; Mr. Franczyk Transfer of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $75,100 be and the same is hereby transferred from the Reserve for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $75,100 To: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $75,100 From: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $75,100 To: 200 Capital Projects 40-2 - Division of Buildings 063 - Reconstruction Swimming & Diving Pools $75,100 PASSED. AYES - 12 NOES - 0 No. 174 By: Ms. Gray Appointments to Lead Action Task Force Whereas: The Lead Action Task Force is entering a crucial period when it must provide advice and assistance to the city's HUD Lead Grant; and Whereas: There are a few members who have been unable to continue their contributions to the Task Force; and Whereas: Fortunately, dedicated individuals have stepped forward to keep the Task Force moving in a positive fashion; Now, Therefore, Be It Resolved That: This Council rescinds the appointments of Richard Lippes, Dr. Joseph Syracuse, Johnnie B. Wiley and Melva Visher, along with the alternate status of James A. Smith and Marguerita Santana, and thanks all of these individuals for their contributions to the Task Force; and Be It Further Resolved That; This Council appoints the following individuals to the Lead Action Task Force: Dawn Sanders, 297 Hastings Avenue, Buffalo 14215; Ameena Azeem, 81 Wade Avenue, Buffalo, 14214; Michael Kane, 20 Britt Avenue, Buffalo 14220; Marixsa Sanders, 709 Richmond Avenue, Buffalo 14222 as an alternate for Susanna Gonzalez; and Linda McGreevy, 3188 Amsdell Road, Hamburg 14075, as a second alternate for Dr. Melinda Cameron when Theresa Winkelman is unable to represent Dr. Cameron. REFERRED TO THE COUNCIL PRESIDENT. No. 175 By: Ms. Kavanaugh Environmental Audit for the City of Buffalo Whereas: Students at SUNY Buffalo recently completed an environmental audit that evaluated the impact of the university on the environment and suggested creative ways to improve that impact; and Whereas: The city of Buffalo, as a large institution and a major employer, has major impacts on the environment- and Whereas: There are several efforts underway aimed at improving the city's environmental performance including the creation of the Office for the Environment, the on-going work of the Pest Management Board, and efforts to expand the city's recycling program; and Whereas: There has been no audit done of the city's overall impact on the environment and it would be useful to engage the team that performed the SUNYAB audit in order to learn from their approach; and Whereas: At SUNYAB the audit team identified energy conservation projects that have saved the university more than $3.5 million and proposed savings that could be accomplished by reducing the university's waste stream; and Whereas: Potential dollar savings along with potential benefits to the environment provide good reasons for the city to undertake an environmental audit; Now, Therefore, Be It Resolved That: This Council requests the Mayor to authorize, in consultation with the Environmental Management Commission, city departments and agencies, and the Office for the Environment, an audit of the city's impact on the environment; and Be It Further Resolved That: This Council requests Walter Simpson, the Energy Officer at SUNYAB, to attend a Council committee meeting to brief the Council on the SUNYAB environmental audit. Mrs. LoTempio moved: That the first resolve be adopted and that the second resolve be, and hereby is referred to the Committee on Finance. Second by Mr. Czajka. ADOPTED No. 176 By: Ms. Kavanaugh Collecting Overdue PILOTs Whereas: The city has many Payment In Lieu Of Taxes (PILOT) agreements with businesses under which they are obligated to contribute to city revenues in spite of their legal exemption from taxes based on their relationships with the Buffalo Urban Renewal Agency (BURA), the Erie County Industrial Development Agency (ECIDA), or other tax exempt bodies ; and Whereas: The vast majority of businesses are current with their PILOTs but there are several businesses that have not been meeting their obligations; and Whereas The City Department of Assessment has recently supplied Councilmembers with a list of unpaid PILOTs totaling over $800,000; and Whereas: Businesses that are aided by BURA and the ECIDA should be the last ones to fail in meeting their obligations to local government. Now, Therefore, Be It Resolved That: This Council requests the Department of Administration and Finance and the Comptroller's Office to file reports on what efforts have been made to collect from businesses that are late on their PILOTS, what steps the city can take to recover those payments in the future, and what the impediments are to the city's collecting those payments. ADOPTED. No. 177 By: Mrs. Lockwood and Messrs. Brown and Quintana Sales of Pagers and Beepers To Minors Whereas: There are no city, county, state, or federal laws regarding the sale of beepers or pagers to minors; and Whereas: It has become an increasingly difficult task for parents to keep their children, who do not always understand the costs and responsibilities that go along with owning a beeper or pager, from purchasing these devices; and Whereas: Retailers establish their own policies on the sale of these devices to minors; and Whereas: These devices are common among those involved in gangs and in illegal drug activity; Now, Therefore Be It Resolved: That the Corporation Counsel be requested to prepare a report detailing the following: 1.) Would legislation prohibiting the sale of beepers and pagers to those under the age of 18 before legally enforceable?; and 2.) Can the legislation also require that proper identification be provided by anyone purchasing a pager and/or beeper?; and Be It Further Resolved: That the report be filed prior to 2:00 p.m., Thursday, April 11, 1996. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 178 By: Mrs. Lockwood Inter - Municipal Mutual Aid Agreement Whereas: In 1985, various Cities, Towns, and Villages entered into a Mutual Aid Agreement Among the Municipalities of Erie County, New York. According to a list dated January, 1995, the City of Buffalo and the County of Erie were participating municipalities; and Whereas: The purpose of this agreement is to allow a municipality within the County to assist another in time of need and to allow the proper authorities to expedite the work flow as quickly as possible. The agreement is particularly centered on emergency road work with special focus on snow removal, provided that a reciprocal agreement be in effect and that the usual operations of the assisting municipality not be hampered or delayed; and Whereas: Participation in this agreement is automatically renewed on an annual basis, unless a municipality notifies the Review Committee on or before December 1 that it wishes to withdraw from the Agreement in the ensuing calendar year; and Whereas: Although the City of Buffalo has experienced occasions of abnormal snowfall, it has not requested assistance under the terms of the Mutual Aid Agreement; and Whereas: In light of the fact that the City and County are collectively assessing the potential to share services to enhance efficiency and save costs, a thorough explanation and analysis of the Mutual Aid Agreement could prove to be beneficial to all parties; Now, Therefore, Be It Resolved: That this Common Council request that the Commissioners of Street Sanitation and Public Works and the Corporation Counsel comment on the provisions of the Inter-Municipal Mutual Aid Agreement, specifically addressing the city's current status as a participant, potential benefits, and future participatory outlook; and Be it Further Resolved: That the above listed Department Heads file their responses with this Council prior to 2 P.M. on Thursday, April 11 1996. REFERRED TO COMMITTEE ON LEGISLATION, THE COMMISSIONER OF STREET SANITATION, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, AND THE CORPORATION COUNSEL. No. 179 By: Mrs. Lockwood Ordinance Amendment Chapter 493 - Waterfront Greenway System 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 493 to read as follows: Sec. 493-1 Legislative Intent. A. Central to the Common Council's vision for the redevelopment of Buffalo's waterfront is the establishment of a Water Greenway System (the "Greenway"). The Greenway is both a pathway and the embodiment of a principle. The principle is that the waterfront belongs to the people and that generous, green, easily accessible space at the water's edge is a necessary part of any waterfront development. The pathway will connect and run through activity centers throughout the waterfront. It will provide pedestrians, bicyclists, joggers, skaters, strollers, skiers and others with a sense of ownership and familiarity as they approach and traverse the waterfront. In addition, the Greenway System will connect the bulk of the city's parks with the waterfront, and by extension, with each other. B. The Greenway includes the following elements that are in place or in the planning phase as of April, 1996: i. The Riverwalk; ii. The Scajaquada Pathway; iii. Bridge projects on Tifft Street and Seneca Street that include bicycle/pedestrian lanes; iv. The Erie Basin Marina; v. Habitat Restoration Projects on the Buffalo River; vi. The Greenway as it traverses the Inner Harbor; vi. The Industrial Heritage Trail; vii. The Buffalo River Greenway; viii. Bike and pedestrian pathways planned as part of a low speed boulevard on the city's Outer Harbor; ix. The pathway at the Small Boat Harbor; x. Existing roadways that are potentially part of the on-road component of the Greenway System. C. A key element of the Greenway is a Plaza planned for the Inner Harbor that will celebrate the coming together of the three main spokes of the Greenway System - the Riverwalk, the Buffalo River Greenway, and the Outer Harbor Greenway. As envisioned, the Greenway Plaza will be the "Commons" or the "Village Green" of the Inner Harbor and will include several features that support and raise interest in the Greenway. Proposed amenities for Greenway users at the plaza include lockers, rest rooms, water fountains, bicycle racks, concessions stands, attractive landscape' , and a large, visible map of the Greenway designed to be updated as the System grows throughout the entire Buffalo waterfront. D. In anticipation of the Greenway, this Common Council passed a setback ordinance in 1990 that requires property owners to maintain a twenty-five (25) foot yard between their buildings and the water. E. While much work remains to be done, Buffalo's Greenway System is seen as a recreational amenity, a means of public access to the waterfront, a way to unify the waterfront and maintain a human scale in its redevelopment, and as the foundation of a popular, environmentally benign waterfront transportation system. APPROVED AS TO FORM Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION. No. 180 By: Mrs. Lockwood, LoTempio, Williams, Gray, Ms. Kavanaugh and Messrs., Brown, Czajka, Coppola, Franczyk, Quintana, Zuchlewski Installation of Outside Gas Meters Whereas: National Fuel is presently installing outside gas meters on some city streets causing confusion and concerns regarding the safety and appearance of these meters on the front and sides of residential property; and Whereas: As evidenced in a resolution sponsored in l 995 by the previous Council President George K. Arthur, property owners on Ramsdell Avenue vehemently objected to the installation of outside gas meters in front of their homes; and Whereas: National Fuel was urged by the Public Service Commission to hold neighborhood meetings prior to this work being started to explain and to offer alternatives and all possible options to homeowners, but that has not happened; and' Whereas: The placement of grotesque gas meters in front of a home was alarming to property owners in 1995 and remains a problem in 1996; and Now, Therefore Be It Resolved: That the Common Council requests the Commissioner of Public Works, the Commissioner of Neighborhoods, Housing, and Inspections, and the Corporation Counsel to take any and all steps necessary to halt the installation of any additional, unsightly, and unwanted outside gas meters by National Fuel until all alternatives and options are explored, explained, and made available to all the residents; and Be It Further Resolved: That the Common Council requests the Commissioner of Public Works, the Commissioner of Neighborhoods, Housing, and Inspections, and the Corporation Counsel to file their reports with the City Clerk by April 11, 1996. ADOPTED. No. 181 By: Mrs. LoTempio Home Rule Message - A.9020; S.6219 - Amend Vehicle and Traffic Law Whereas: There has been introduced in the New York State Legislature Assembly Bill #A.9020 and Senate Bill #S.6219, "An Act to amend the Vehicle and Traffic Law, in relation to additional traffic regulations in cities with a population in excess of 250,000"; and Whereas: The purpose of this amendment is to authorize the legislative body of cities with a population in excess of 250,000 to adopt local laws regulating traffic, an authority currently granted to cities having a population in excess of one million; and Whereas: As a general rule, all traffic regulations are governed by the Vehicle and Traffic Law and localities may not enact local regulations unless the power to do so has been specifically delegated by the State Legislature; Now, Therefore, Be It Resolved: That the city of Buffalo hereby requests the enactment into law of Senate Bill S. 6219 and Assembly Bill A. 9020, "An Act to amend the vehicle and traffic law, in relation to additional traffic regulations in cities with a population in excess of 250,000"; 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. 182 By: Mrs. LoTempio, Lockwood, Gray, Williams, Ms. Kavanaugh and Messrs. Brown and Quintana Oppose Repeal Of Ban On Assault Weapons Whereas: On Friday, March 22,1996, the United States House of Representatives passed HR. 125 that will repeal a ban on the manufacture, transfer, or possession of certain semiautomatic assault weapons enacted just nineteen months ago; and Whereas: The vote fulfilled a promise that Speaker of the House Newt Gingrich (R-Georgia) made to the National Rifle Association (NRA) and to gun proponents when the Republican Party gained leadership in Congress in 1994; and Whereas: The measure, if passed by the United States Senate, would attempt to terminate a section of the August 1994 Violent Crime Control Act (PL 103-322), passed by the Democratic controlled Congress and signed by President Clinton, that explicitly outlaws 19 military-style assault weapons, weapons with specific combat features, and "copy-cat" models; and Whereas: The Act specifically exempts over 600 firearm models used for hunting, sporting, and personal protection purposes; and Whereas: Since October 1993, there have been over I 00 recorded cases of assault weapon confiscation's by the Buffalo Police Department, placing Buffalo high on the national list of cities for seizures of assault style weapons; and Whereas: The ban is a positive support mechanism to law enforcement officials across the country in their difficult fight against crime; and Whereas: The recent vote to repeal the ban, in short, was a vote about satisfying the desires of the NRA, not about the safety and well being of the American public; and Whereas: The opinions of a heavily funded lobbying association should not outweigh those of the American people, and their outcry for safer streets and neighborhoods; Now Therefore Be It Resolved That: This Common Council go on record opposing the repeal of section PL 103-322 of the Violent Crime Control Act; and Be It Further Resolved: That this Honorable Body memorialize the members of the United States Senate and the New York State Assembly and requests that their respective bodies not act in accordance with the U.S. House of Representatives in passing a bill that will make the streets within cities across America less safe; and Be It Finally Resolved: That the City Clerk, on behalf of this Honorable Body, send certified copies of this resolution to members of the Western New York Congressional Delegation, the Western New York Delegation of the New York State Assembly, United State Senators from New York State, the Honorable Daniel P. Moynihan, and the Honorable Alfonse M. D'Amato, Senate Majority Leader Robert Dole, and Speaker of the House Newt Gingrich. ADOPTED No. 183 By: Mrs. LoTempio & Mr. Czajka Set Public Hearing LDA-2.24 Acre Parcel - South Ellicott NDP-NYR-20 Exchange near Smith Street Whereas, The Colad Group, Inc. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and Whereas, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition Agreement for the disposition of 2.24 Acres Exchange & Smith Streets. Whereas, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and Whereas, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2(d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 5th day of April 1996. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 16th day of April 1996. ADOPTED. No. 184 By: Mr. Pitts Tonawanda Nuclear Site Whereas: The US Department of Energy (DOE) has developed an "Interim plan" for the remediation of the Tonawanda Nuclear Site ; and Whereas: This site includes the Seaway Industrial Park, the Ashland 1 & 2 properties along River Road, the Linden/Praxair property on Sheridan Drive and the Tonawanda Landfill on East Park Drive; and Whereas: These properties were contaminated during Western New York's participation in the Manhattan Project which developed the atomic bomb during World War II; and Whereas: It has been reported that DOE's interim cleanup- will leave behind too much radioactive material to allow unrestricted access to these sites; and Whereas: It is important that contaminated sites are cleaned up to allow their highest and best use; and Whereas: Prime waterfront area sites such as these should be completely cleaned up because much of the Western New York waterfront will eventually be used for recreation; and Whereas: Radioactive wastes at these sites have a hazardous life of up to 500,000 years and a partial cleanup at this point is a meaningless gesture in that context since hundreds of generations after ours will be left to contemplate what we have failed to complete; and Whereas: The NYS DEC's 1993 Technical Assistance Guidance Memorandum (TAGM) 4003 contains a stricter standard for the cleanup of radioactive sites that would provide a far more extensive cleanup of these sites Now, Therefore, Be It Resolved That: This Council requests the USDOE to use a standard at least as strict as the NYSDEC's TAGM 4003 standard for the remediation of the Tonawanda Nuclear Site; and Be It Further Resolved That: This Council urges the USDOE to examine the NYSDEC's TAGM 4003 and to file a report with the Council on the advisability of using that standard for the remediation of the Tonawanda Nuclear Site; and Be It Further Resolved That: This Council directs the City Clerk to send certified copies of this resolution to Hazel O'Leary, the Secretary of the USDOE; Tara O'Toole, Assistant Secretary, Environment, Safety and Health, USDOE; Thomas Grumbly, Assistant Secretary, Environmental Management, USDOE; (all at 100 Independence Avenue, SW, Washington, DC 20585), to the members of the Western New York Congressional Delegation; and to Robert W. Hargrove, Chief of the Environmental Impacts Branch, USEPA, Region 2, Jacob K. Javits Federal Bldg.,NY, NY 10278-0012. ADOPTED. No. 185 By: Mr. Pitts White House Conference on Urban Policy Whereas: The cities of this nation are suffering under enormous burdens and stresses, all negatively impacting on local economies, infrastructure, housing, basic services, and education; and Whereas: The United States of America has no plan to reinvest in its critical infrastructure, no plan to rebuild our cities, no plan to reclaim our urban youth from the criminal justice system - in essence, no national urban policy; and Whereas: In most of our major cities, new stadiums and new jails have recently been constructed. Disturbingly, in fact, one-half of all public housing built in this country in the last decade is made up of jail cells; and Whereas: Conversely, at the end of World War II, this nation did not stand idly by in the face of global devastation but instead created the Marshall Plan and the MacArthur Plan to reinvest in the economies of Europe and Asia and subsequently supported the Solidarity Movement, offering Poland a serious plan and financial assistance for development and growth - all actions to promote peace, establish democracy, and create healthy markets for our goods; and Whereas: We cannot maintain America's greatness if we ignore our cities and allow one of every four children - one of every two African-American children - to live in poverty; and Whereas: We need to "green-line" our red-lined urban areas to give America's urban youth a chance, and we also need to gather urban policy experts and activists together to devise a plan to rebuild our cities as we enter the next century; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo calls on President Bill Clinton to host a "White House Conference on Urban Policy" to discuss the problems of our cities and detail the solutions we need to rebuild our cities, and also urges the President to appoint a "National Urban Policy Commission" charged with the duty of formulating an action plan to save our cities; and Be it Further Resolved: That the City Clerk certify passage of this resolution and forward copies thereof to President Bill Clinton, New York State Senators Moynihan and D'Amato, the Western New York Congressional Delegation, and the National Rainbow Coalition. ADOPTED. No. 186 By: Mr. Pitts Urge New York State to Establish Task Force to Examine Fiscal Stress of Cities Whereas: Moody's Investor Service issued a report characterizing Buffalo as a city which has been operating "under a high level of fiscal stress" for the last five years with no change anticipated in the near future; and Whereas: Buffalo is one of twenty-five cities in New York State described in the aforementioned troubling manner; and Whereas: Buffalo and the other twenty-four cities have reached this level of fiscal stress due to many negative factors, including reductions in state aid and continued mandates; and Whereas: Moody's report, combined with other factors, has prompted many interested parties to urge New York State to establish a task force which would examine the financial outlook of cities within the state; and Whereas: Several members of the New York State Assembly, representing urban areas. have urged Governor Pataki to form such a task force and have offered to serve as members; and Whereas: State Comptroller H. Carl McCall, recognizing the dire straits of the cities, has proposed that the State Legislature set up a system which would help the state identify troubled cities sooner and would establish a uniform approach to deficit financing when it is necessary; Now, Therefore, Be It Resolved: That this Common Council urges Governor George Pataki to establish a task force which would examine the report issued by Moody's Investor Service; and Be it Further Resolved: That New York State use the findings of the Task Force to establish policies which would assist the cities in regaining their fiscal strength; and Be it Further Resolved: That this Honorable Body endorses Comptroller H. Carl McCall's proposal that the New York State Legislature set up a system which would enable the state to identify troubled cities sooner and establish a uniform approach to deficit financing when it is necessary; and Be it Finally Resolved: That the City Clerk forward certified copies of this resolution to New York State Governor George Pataki, New York State Comptroller H. Carl McCall and the members of the Western New York Delegation. ADOPTED. No. 187 By : Mr. Pitts Donation of Room in Council President's Office Whereas: The Board of Block Clubs for Buffalo and Erie County has requested the use of space in City Hall for administrative purposes. This "office" would be donated to the organization to centralize its efforts to service and promote Block Clubs within the city of Buffalo; and Whereas: As part of the Council President's offices an appropriate sized room is available. The room has been cleaned and will be available upon finalizing an agreement between the city and Board of Block Clubs, and Whereas: The office will be available during regular office hours of City Hall. Any use of the office during off hours would have to be scheduled and approved by the Council president and Whereas the Board of Block Clubs will be responsible for the care and maintenance of the space and any liability coverage required by the Corporation Counsel and the Commissioner of Public Works; and Now Therefore Be It Resolved That: The Common Council approve the use of office space in the Council President's office for the Board of Block Clubs of Buffalo and Erie County subject to conditions established by the Corporation Counsel and Commissioner of Public Works. Further Be It Resolved That: the Corporation Counsel develop the appropriate agreement. ADOPTED. No. 188 By: Mr. Pitts and Ms. Gray Downtown Vending District Policies Whereas: The Special Downtown District for Street Vending, created in 1988 under Section 31641 through 50 of the City Charter, establishes procedures to regulate street vendors in downtown Buffalo; and Whereas: This ordinance was based on policies determined by the Common Council's Vending Task Force which included representatives of downtown vendors, merchants, property owners, Buffalo Place Inc., The Bisons, Sabres, and representatives of the Common Council, the City Police Department and the License Division; and Whereas: The interests of the vendors, merchants and the City were carefully balanced to prevent unfair competition yet allow for greater vitality on downtown streets; and Whereas: Some issues now require further clarification. Now Therefore Be It Resolved : That the policy of the Vending Task Force regarding vending sites in front of restaurants and bars continue, with these sites restricted to the adjacent restaurant or bar operator unless the operator or building owner agrees that a competitor may be located outside their establishment; and Be It Further Resolved That: Vendors who do not meet performance requirements included in the vending application signed by vendors for such issues as attendance or refusal to locate in the correct spot may be sanctioned under Section 316 - 49 Complaints; revocation of license, after due notice and hearing by the Supervisor of Licenses. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 189 By: Messrs. Pitts, Czajka and Mrs. LoTempio Memorialize State - Restore NYS Early Childhood Investment Fund to 1996 State Budget Whereas: The New York State Early Childhood Investment Fund, designed to provide matching grant money for a variety of worthy programs, was not funded in Governor Pataki's 1996 budget; and Whereas: One of the projects which anticipated receiving matching grant money from this fund is the new child care center of the Valley Community Association; and Whereas: The Valley Community Association's Child Day Care Center, which is projected to open in the fall of 1996, will be the only child care center in Zip Codes 14204 and 14210. It will employ 19 people in newly created jobs and will be entirely self sufficient when functional; and Whereas: The total project construction budget is approximately $808,500. Of this amount, $490,000 is in the form of a 1995 grant from the Urban Development Corporation under the Child Care Facilities Construction Program; $116,500 has been allocated through Community development Block Grant Dollars; and, to date, $87,500 has been raised in private contributions from area donors, including Allied Signal, General Mills, Graphic Controls, Lenders Bagels, Buffalo Color, Cummings Foundation, Buffalo Foundation, "WNY Foundation, Goodyear Foundation, and Valley Community Association Fund-raising. An additional $87,500 was anticipated from the Early Childhood Investment Fund to match the private fund-raising efforts; and Whereas: The Governor's budgetary cut seriously jeopardizes this very worthwhile project, and also has a negative impact on other projects designed to provide needed services for children; and Whereas: Reinstatement of the funding for the NYS Early Childhood Investment Fund should be a priority for the State Legislature; Now, Therefore, Be It Resolved: That this Common Council memorializes Governor George Pataki and the New York State Legislature to reinstate funding for the New York State Early Childhood Investment Fund in the 1996 Fiscal Year; and Be it Further Resolved: That the City Clerk certify passage of this resolution and forward copies thereof to Governor George Pataki, the Secretary of the Senate, the Clerk of the Assembly, and the members of the Western New York Delegation to the New York State Legislature. ADOPTED. No. 190 By: Mr. Pitts Felicitation- C. Fieramusca, Jr. At the regular meeting of the Common Council of the City of Buffalo, held on Tuesday, April 2, 1996, the following resolution was unanimously adopted, sponsored by Council President James W. Pitts and joined by Councilmembers Byron Brown, Alfred Coppola, David Czajka, David Franczyk, Beverly Gray, Kevin Helfer, Barbra Kavanaugh, Bonnie Kane Lockwood, Rosemarie LoTempio, Robert Quintana, Barbara Miller-Williams, and Dale Zuchlewski: Whereas: Charles T. Fieramusca, Jr., who began his career in law enforcement as a Criminal Deputy with the Erie County Sheriff Department in 1966, is today recognized for his outstanding record as he enters into retirement ; and Whereas: A dedicated public servant who earned the respect of his contemporaries during every phase of his distinguished career, Charles Fieramusca joined the Buffalo Police Department as a Patrolman in 1968, rising through the ranks to serve as a Lieutenant at the 5th Precinct, Commander of the 17th Precinct, Chief of the Narcotics and Public Morals Bureau, and, from 1991 to the present, as the Chief of Homicide and Crimes Against Persons Bureau; and Whereas: A native Buffalonian who continues to reside on the City's West Side, he served in the United States Army prior to enrolling in the Police Academy, where he graduated as his Class Valedictorian. Combining innate intelligence with academic proficiency, he immersed himself in the challenges of his profession, graduating from Erie Community College with High Distinction in the Police Science curriculum and from the State University College at Buffalo as a Cum Laude recipient of a Bachelor of Science in Criminal Justice. Continually striving to maintain professional excellence, he completed FBI National Academy courses dealing with narcotics, homicide, personnel management, media relations, command responsibilities, and numerous other subjects; and Whereas: A member of the New York State Association of Chiefs of Police, the Judges and Police Conference of Erie County, the Police Conference of New York, the FBI National Academy Associates, and a Past President of the Italian-American Police Association, Charles Fieramusca's leadership and engaging personality, combined with his dedication to law enforcement, earned him honors as "Officer of the Month" in October, 1973, a Certificate of Merit for Outstanding Contributions in the Field of Narcotics Investigation in March, 1991, and the 1993 Forest District Civic Association Annual Civic Recognition Award for Leadership, Involvement, and Sincerity; and Whereas: As Charles Fieramusca enters into the next phase of his life, serving as a teacher of Criminal Investigation at Medaille College and enjoying the music created by his own diverse talents, it is fitting that this Council recognize his contributions to the people of the City of Buffalo; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo commends Charles T. Fieramusca, Jr. for his outstanding achievements in law enforcement, and, as he enters into retirement, extends best wishes for many future years of good health, happiness, and prosperity to a true professional and gentleman. ADOPTED. No. 191 By: Mr. Pitts Engrossed Copy Charles T. Fieramusca Felicitation Now, Therefore, Be It Resolved: That this Common Council authorize an engrossed copy of a felicitation for retiring Police Chief of Homicide Charles T. Fieramusca at a cost not to exceed $ 150.00. ADOPTED. No. 192 By: Mr. Quintana Forgive Taxes - 184 Barton St. Whereas: In October 1995 the Westside Church of the Living Word (Mennonite Church of New York State Conference) purchased 184 Barton St., the former Channel 17 building, for $150,000; and Whereas: The building required extensive rehabilitation at a cost of over $20,000 before the church could occupy the site, and it did not move in until late February of 1996; and Whereas: Because of the delay in occupancy, the correspondence regarding the tax status of the property sent to the church, which has 501(C)3 status, was returned to the city; and Whereas: The church had been uncertain about what procedures would be necessary for the property to be certified as tax-exempt, since the previous owner also was a tax exempt organization, and at the time was also deeply involved in the extensive renovation work on the building; and Whereas: By the time the church received the forms and information, it was past the deadline for filing for tax-exempt status for the current year; and Whereas: Because the church did not apply for an exemption in the prescribed time frame, it was notified that taxes would be charged on the property based upon an assessed valuation of $499,000; and Whereas: As a result, the church has received a tax bill for $33,000- and Whereas: The Westside Church of the Living Word is a tax-exempt organization and has used the property for tax-exempt purposes; and Whereas: The church has been widely recognized for its outstanding efforts to help those in need, particularly its after-school homework help program and its support group for single-parent mothers; and Whereas: Had the church not purchased and occupied the former Channel 17 property, it is likely that the building would today be standing vacant and deteriorating causing neighborhood decline and placing a tremendous burden upon the City of Buffalo; and Whereas: Such an institution that contributes a great deal to the community and clearly meets all of the requirements for tax-exempt status should not be unfairly penalized for the unfortunate miscommunication that occurred in this case; Now, Therefore Be It Resolved: That this Common Council hereby forgives the taxes on the property located at 184 Barton St., and directs the Commissioner of Assessment and the Corporation Counsel to prepare the proper documents and clear the tax roll in the proper manner. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 193 By: Mr. Quintana Ordinance Amendment Chapter 399 - Smoking The Common Council of the City of Buffalo does hereby ordain as follows: That Section 399-13 of Chapter 399 of the Code of the City of Buffalo be amended to read as follows: Section 399-13 Prohibited acts. It shall be unlawful for any person to smoke within any City Building or any vehicle owned or leased by or to the City entity. This prohibition extends to all workplaces, public lobbies, restrooms, storage areas, corridors, elevators, and other enclosed areas within any City Building[.] provided, however, the provisions of this Article shall not apply to the downtown baseball stadium currently know as North AmeriCare Park. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new PASSED. AYES- BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, QUINTANA- 10 NOES- WILLIAMS, ZUCHLEWSKI- 2 No. 194 By: Mrs. Williams Permission to Hang 40th Anniversary Banner-Hauptman-Woodward Institute Whereas: The Hauptman - Woodward Medical Research Institute, Inc. is celebrating the 40th Anniversary of their excellence in biomedical research since 1956; and Whereas: The Hauptman - Woodward Medical Research Institute, Inc. is an organization with an international reputation is a partnership combining the skill of the scientists and the generosity of the many individuals, corporations and foundations who share a concern for improving the human condition; and Whereas: Representatives from the institute have requested permission to utilize two street light post in celebration of this event on High Street, between Ellicott and Oak Streets from Monday, April 15 through Tuesday, December 3 1 st, 1996, Now Therefore Be It Resolved that This Common Council grants permission to the Hauptman - Woodward Medical Research Institute, Inc. to hang a banner celebrating their 40th Anniversary on High Street, between Ellicott and Oak Street, and the light post are numbered 61 and 77 from Monday, April 15 th through Tuesday, December 3 1 st, 1996, providing the banners meet all requirements of all pertinent city departments and violate no existing laws or ordinances. PASSED. AYES- 12 NOES - 0 No. 195 By: Mr. Zuchlewski Transfer CDBG Funds to Elmwood Ave. Capital Project Whereas: In last year s capital budget, the Common Council added $350,000 for curb and sidewalk improvements on Elmwood Ave. between Forest and Delevan, and Whereas: Bids were recently received with a total amount of the bid being $3 84,5 97, and Whereas: Additional funds are needed to make up for the shortfall and for other amenities requested by Forever Elmwood and the Elmwood Task Force, Now, Therefore, Be It Resolved: That this Common Council authorize the transfer of $60,000 of Community Development Block Grant Funds from North District CDBG account number 94-07201 Elmwood Ave. Right of Way improvements to bond fund account number 200-401-034. PASSED. AYES- 12 NOES - 0 No. 196 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 John P. Fecio, Jr. By Councilmember Lockwood Felicitation for Charles McSwain, Jr By Councilmember Lockwood Felicitation for Ollie Glen By Councilmember Pitts Felicitation for Ola & Clarence Singleton By Councilmember Pitts Felicitation for American Diabetes Day By Councilmember Pitts ADOPTED. No. 197 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: KATHRYN E. NAGELHOUT DOROTHY SMITH-BELL CHRISTINE M. BALCEREK ADOPTED. No. 198 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: MARIA L. DOVERSPIKE ADOPTED. No. 199 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, April 9, 1996 9:30 A.M. Finance Tuesday, April 9, 1996 - following Civil Legislation Tuesday, April 9, 1996 2:00 P.M. Community Dev. Wed., April 10, 1996, 10:00 A.M. Committee on Education . Wed, April 10, 1996, 2:00 P.M. ANCILLARY MEETINGS Special Committee meeting on Budget Wednesday, April 3, 1996 at 1:00 o'clock p.m. in Room 1417 City Hall No. 200 Adjournment On a motion by Mrs. LoTempio, second by Mr. Czajka, the Council adjourned at 3:59 P.M. CHARLES L. MICHAUX, III CITY CLERK Board of Police and Fire Pension Proceedings #3 Mayor's Office - 201 City Hall March 28,1996 Present: James W. Pitts, Council President; Anthony M. Masiello, Mayor; R. Michael McNamara, Deputy Comptroller-3 Absent: None The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of March 1996 amounting to $27,067.42, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-3. Noes-0. No. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of March 1996 amounting to $29,707.64, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-3. Noes-0. No. 3 On motion by Mr. Pitts, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11: 10 a.m.