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Home My WebLink About96-0416 No. 8 Common Council Proceedings of the City of Buffalo Regular Meeting, April 16, 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 16, 1996 at 2:00 P.M. PRESENT- James W. Pitts President of the Council, and Council Members Brown, Coppola, Czajka, Franczyk, Gray, Helfer, Kavanaugh, Lockwood, LoTempio, Pitts, Quintana, Williams and Zuchlewski- 13. ABSENT- None. On a motion by Mrs. LoTempio, seconded by Mr. Czajka, the minutes of the stated meeting held on April 2, 1996 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 1 Buffalo Hearing and Speech, Request to Erect Ground Sign at 50 E. North Street Item No. 83, C.C.P., 4/2/96 The City Planning Board at its regular meeting held Tuesday, April 9. 1996 considered the matter referenced above pursuant to Section 387-19 of the Buffalo Code, Review of Freestanding Signs. The applicant seeks to erect a non illuminated ground sign which will be 60 inches in overall height and will have a sign face area of 30" by 84". The sign is located in the Oak Street Urban Renewal area and is permitted therein. Under SEQR the proposed sign is considered a Type II Action which does not require further environmental review. The Planning Board voted to approve the proposed sign as presented. RECEIVED AND FILED. No. 2 Department of Community Development, Request to Waive Ordinance. Wegmans-Amherst Street Item No. 43, C.C.P., 4/2/96 The City Planning Board at its regular meeting held Tuesday. April 9. 1996 considered the matter referenced above pursuant to Section 511-97 of the Buffalo Code. Screening for Off-Street Parking. The Planning Board voted to approve the alternate screening proposal submitted by Wegmans Food Markets Inc. as follows: In lieu of the screening provisions set forth in Section 511-97 of the Buffalo Code. the applicant will construct an 8-foot high solid wooden fence along the project's east property line where it abuts residences along Beaumaris Place. The applicant also agrees to construct berming and landscaping along the Amherst Street frontage of the site. The Board also recommends that your Honorable Body directs the applicant to install a sidewalk for pedestrian access along the western edge of its parking lot just as they have provided along the eastern edge. RECEIVED AND FILED. FROM THE BOARD OF STADIUM AND AUDITORIUM No. 3 Inventory - Memorial Auditorium Equipment Resolution # 200, C.C.P. March 19, 1996 Per requested, attached please find copies of Memorial Auditorium equipment and office furnishings REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF GENERAL SERVICES. FROM THE BUFFALO ARTS COMMISSION No. 4 1996-1997 Arts and Cultural Funding Advisory Committee Funding Recommendations The Arts and Cultural Funding Advisory Committee ("Committee") herewith submits its funding recommendations for City fiscal year 1996-1997. These recommendations have been presented to the Buffalo Arts Commission ("Commission"), which has the duty to transmit these recommendations to the Administration and the Council, pursuant to the City Charter. We submit these recommendations after meeting with members of the council and the Mayor concerning the City's financial position and the projections for the budget. This year the Committee considered 45 Cultural Funding Application requests, totalling $793,280. We have recommended funding in the amount of $396,084. A minimum amount of $500 is recommended by the Committee, because of the costs involved in administering grants of less than $500. One new organization is recommended for funding this year at the minimum amount. As you know, last year the Committee vastly changed the process by which it evaluated the applications. Again this year, instead of holding hearings in City Hall, each member of the Committee interviewed up to six applicants and shared their finding with the entire Committee. A copy of the schedule of these interviews is attached, as well as a copy of the survey conducted during the course of the site visits. The nine members of the committee spent many hours reviewing the applications, interviewing the applicants and deliberating the recommendations. This year the Committee has recommended increases in funding to a number of small organizations and organizations of color, or those servicing traditionally under served populations, in an attempt to address previously expressed concerns regarding the equitable distribution of City cultural funds. As this letter is written, we know that the city's budget this year is somewhat uncertain. We recognize the final plight of the city; however, we make this recommendation based on last year's funding level because of the serious cuts experienced by the cultural groups in the last few years. Funding has been cut more than 75% since 1991 and, thus, we are hopeful that last year's funding level can be maintained. If, however, the City must reduce this funding, we would respectfully request that the allocations be reduced equally, with the same percentage decrease applied to each organization. In the unlikely event that additional funds are available, we would respectfully request that increases be granted equally to each organization recommended herein for funding. Although the charter allows funding for grants-in-aid to approved agencies of up to three (3) percent of the approved tax levy for the fiscal year in effect at the time of the newly adopted budget, our appropriation for the cultural's alone is no more than three-tenths of one (.3%) percent! We hope in the future that funding for cultural and artistic efforts will be as adequately funded as our sports and athletic projects. This year, each Committee has compiled a summary of its comments on each organization that applied for funding, by using the criteria chart which Your Honorable Body adopted last year. These comments are available to you, so that you can see how the Committee evaluated each of the requests in that you can understand the reasons for the Committee decision. Please let us know if you wish to review these comments. Lastly, we would again encourage the City to participate in the challenge program of the Cultural Leadership Group in the amount of $25,000. For the last two years, the City of Buffalo led the way for the New York State Council on the Arts, the County of Erie and local private foundations to commit over $500,000 to assist smaller and minority-based institutions with special projects designed to stabilize their operations. We believe the program will continue to be an overwhelming success and ask the City to fulfill its third and final year's commitment. We would welcome the opportunity to discuss these recommendations with the Mayor, the Council, and the Commissioner or anyone you might so designate. REFERRED TO THE COMMITTEE ON BUDGET. FROM THE COMPTROLLER No. 5 Certificate of Necessity Transfer of Funds Department of Audit and Control 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 $57,795 be transferred and reappropriated from various accounts in the Department of Audit and Control, as set forth below: Dated: Buffalo, NY, April 8, 1996 RECEIVED AND FILED. No. 6 Certificate of Necessity Transfer of Funds Common Council - Legislative 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 $44,910 be transferred and reappropriated from the Common Council -Legislative, as set forth below: Dated: Buffalo, NY, April 1, 1996 RECEIVED AND FILED. No. 7 Certificate of Necessity Capital Budget Amendment Authorization for Additional Capital Indebtedness We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 359 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the Common Council prior to July 1, 1995 for the ensuing fiscal year, by adding the following item: Dated: Buffalo, NY, April 8, 1996 RECEIVED AND FILED. No. 8 Certificate of Necessity Capital Budget Amendment Authorization for Additional Capital Indebtedness We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 359 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the Common Council prior to July 1, 1995 for the ensuing fiscal year, by adding the following item: Dated: Buffalo, NY, April 8, 1996 RECEIVED AND FILED. No. 9 Certificate of Necessity Capital Budget Amendment Authorization for Additional Capital Indebtedness We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 359 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the Common Council prior to July 1, 1995 for the ensuing fiscal year, by adding the following item: Dated: Buffalo, NY, April 8, 1996 RECEIVED AND FILED. No. 10 Audit of the Buffalo Police Department Audit of the Asset Forfeiture Account Item No.33, C.C.P. 12/26/95 Item No. 8, C.C.P. 1/9/96 The Chairman of the Finance Committee requested that the Audit Division schedule an internal audit of the Buffalo Police Department and notify the Common Council when the audit will begin and how soon results may be expected. I anticipate the audit of the Police Department will begin in April and it will take approximately two months to complete. In response to items referred to above, Lumsden and McCormick, LLP, an independent auditing firm has completed its audit of the Police Department Federal Asset Forfeiture Account (610-200-217) for the fiscal year ended June 30, 1995. This audit will be filed for the meeting of April 16, 1996. RECEIVED AND FILED. No. 11 Report of Audit Buffalo Board of Parking Buffalo Civic Auto Ramps Inc. Item No. 16, C.C.P. 2/20/96 In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Buffalo Board of Parking, Buffalo Civic Auto Ramps, Inc.,. audit report for the period July 1, 1993 to June 30, 1995 and covering the Consolidated off street Parking Facilities. REFERRED TO THE COMMITTEE ON FINANCE. No. 12 Report of Audit Buffalo Board of Parking Allright Parking Buffalo, Inc. Item No. 16, C.C.P. 2/20/96 In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Buffalo Board of Parking, Allright Parking Buffalo, Inc., audit report for the period July 1, 1993 to June 30, 1995 and covering the Buffalo General Hospital and Gates Circle Ramps. REFERRED TO THE COMMITTEE ON FINANCE. No. 13 Report of Audit Buffalo Board of Parking Hodge Parking, Inc. Item No. 16, C.C.P. 2/20/96 In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Buffalo Board of Parking, Hodge Parking, Inc., audit report for the period July 1, 1993 to June 30, 1995 and covering the Children's Hospital Ramp. REFERRED TO THE COMMITTEE ON FINANCE. No. 14 Audit-Buffalo Police Department Federal Asset Forfeiture Account Annual Certification Report Item No. 33, C.C.P. 12/26/95 Item No. 8, C.C.P. 1/9/96 We have reviewed the subject report as prepared by Lumsden & McCormick, LLP. This report was prepared to comply with the rules and regulations of the U.S. Department of Justice's Asset Forfeiture Program. REFERRED TO THE COMMITTEE ON FINANCE. No. 15 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 $169,000 for Reconstruction of Streets/Crossroads II. The loan wiII be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 General 200 Capital Projects 200-401-028 BAN/Bond Sale $169,000 Mrs. LoTempio moved: That the communication from the Comptroller, dated April 10, 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 $169,000 for reconstruction of streets/Crossroads II. The loan will be repaid when Bond Anticipation notes are issued. PASSED. AYES- 13 NOES - 0. No. 16 Lease Renewal Between the City of Buffalo and Alleyway Theater, Inc. For Use of 672 Main Street Item #31, C.C.P. 5/28/91 Your Honorable Body authorized the lease agreement between the City of Buffalo and Alleyway Theater, Inc. for use of 672 Main Street as a theater. This lease agreement was for a five(5) year period commencing May 1, 1991 to and ending April 30, 1996. This office has received a request from Mr. Neal Radice, Executive Director of Alleyway Theater, Inc. to renew said lease for an additional five (5) year period. The lessee has fully satisfied and complied with all provisions and terms of the lease agreement. The renewal will be for the period of May 1, 1996 and ending April 1, 2001. The annual rental will be $1.00 a year. I am recommending that Your Honorable Body approve Alleyway Theater, Inc. request to renew their lease for an additional five (5) year term, commencing May 1, 1996 and ending April 1, 2001. I am further recommending that the Corporation Counsel prepare the necessary lease renewal and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the communication from the Comptroller, dated April 10,, 1996, be received and filed; and That the Comptroller be, and he hereby is, authorized to renew a lease agreement between the City of Buffalo and Alleyway Theater, Inc., for use of 672 Main Street as a theater, for a five (5) year period commencing May 1, 1996 to expire on April 1, 2001. The annual rental fee is $1.00 (One Dollar). That the Corporation Counsel shall be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED. AYES - 13 NOES - 0. No. 17 Lease Renewal City of Buffalo and South Buffalo Theater, Inc. Item #18, C.C.P. May 30, 1995 Your Honorable Body authorized the lease agreement between the City of Buffalo and the South Buffalo Theater, Inc. for use of the Auditorium and Rooms 105, and 227 at former School 29, 2193 South Park Avenue, with the option to renew. This office has received a request from Mr. John Fanning, President of the South Buffalo Theater, Inc. requesting to renew said lease for an additional one year period as stated in their lease agreement. The lessee has fully satisfied and complied with all provisions and terms of the lease. The renewal will be for the period of March 1, 1996 to February 28, 1997. The annual rental fee will be $1.00. This Office recommends Your Honorable Body approve the South Buffalo Theater, Inc. request to renew their lease for an additional one (1) year term, commencing March 1, 1996 to February 28, 1997. I am further recommending that the Corporation Counsel prepare the necessary lease renewal and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the communication from the Comptroller, dated May 10, 1995, be received and filed; and That the Comptroller be, and he hereby is, authorized to renew a lease agreement between the City of Buffalo and the South Buffalo Theater, Inc., for use of the Auditorium and Rooms 105 and 227 at former School 29, 2193 South Park Avenue, for an additional one year period commencing March 1, 1996 to expire on February 28, 1997, The annual rental fee is $1.00 (One Dollar). That the Corporation Counsel shall be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED. AYES - 13 NOES - 0. No. 18 Result of Negotiations 651 East Delavan, W Corner Dutton Vacant Lot Size: 35' x 135' Assessed Valuation: $2,600 The Comptroller's office, Division of Real Estate, has received a request from Mr. Gary B. Andres of 418 Woodland Avenue, Buffalo, New York to purchase the above captioned vacant lot. Mr. Andres intends to use this property for additional yard space, for the property he owns at 649 E. Delavan. The Departments of Community Development and the Neighborhood, Housing and Inspections have been contacted and they have no objection to this sale. There are no outstanding demolition liens owed by the purchaser. The Division of Collections has also been contacted and there are no outstanding taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Mr. Dennis Walker, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New York 14209. He has estimated the fair market value of the property to be Eleven Hundred Dollars ($1,100). This represents approximately Twenty-Three Cents (.23) 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) a square foot to Thirty-Nine Cents (.39) a square foot. The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Mr. Gary B. Andres has agreed and is prepared to pay Eleven Hundred Dollars ($1,100) for the subject property. He has also agreed to pay for the cost of the appraisals, recording fees, transfer tax and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 651 E. Delavan Street to Mr. Gary B. Andres in the amount Eleven Hundred Dollars ($1,100). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 19 Result of Negotiations 11 Milnor, 97.501 N of William Vacant Lot: 25' x 147' Assessed Valuation: $1,400 186 William, E Corner of Milnor Vacant Lot: 25' x 75', Irreg. Assessed Valuation: $1,400 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Michael Torres of Stefon Enterprises, 23 Milnor Street, Buffalo, New York 14204, to purchase the above captioned properties. These two vacant parcels owned by the City are surrounded and adjacent to properties owned by Stefon Enterprises. Stefon Enterprises is contemplating developing the properties on William and Milnor for office and residential construction. The Departments of Community Development and Neighborhood, Housing and Inspections have been contacted and they have no objection to the sale. There are no outstanding demolition liens against the purchaser. The Division of Collections has been contacted and there are no outstanding taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Mr. Robert E. Jones, Appraiser, 1325 Kensington Avenue, Buffalo, New York 14215. He has estimated the fair market value of the properties to be as follows: 11 Milnor - Seven Hundred and Fifty Dollars ($750.00) - This represents approximately Twenty Cents (.20) a square foot for the subject property. 186 William - Seven Hundred and Fifty Dollars ($750.00) - This represents approximately Twenty-Five Cents (.25) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. Michael Torres has agreed and is prepared to pay Fifteen Hundred Dollars ($1,500) for the two parcels. He has also agreed to pay for the cost of the appraisal, recording fees, transfer tax and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 11 Milnor and 186 William Street to Mr. Michael Torres/Stefon Enterprises in the amount of Fifteen hundred Dollars ($1,500.00). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 20 Result of Negotiations Tifft Street Bridge Acquisition Parcels #13 & 16 Item No. 35, C.C.P. 4/28/92 In the above referenced item Your Honorable Body authorized the Comptroller's Office, Division of Real Estate, to negotiate for various parcels of land and easements for the new Tifft Street Bridge. An agreement has been reached with the Rochester and Pittsburgh Railroad Company Incorporated, 500 Water Street, Jacksonville, Florida to acquire two highway easements in the amount of $2,930. The easements are for Parcel #13 Map 8 and Parcel #16, Map 11. The easements have been deemed necessary by the Commissioner, Department of Transportation, New York State, for the purposes connected with the road system of the City of Buffalo. I am recommending that Your Honorable Body approve the acquisition of the easements from Rochester and Pittsburgh Railroad Company, Incorporated in the amount of $2,930. I am further recommending that the Corporation Counsel prepare the necessary documents for acquisition of the easements and that the Comptroller be authorized to accept the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 21 Result of Negotiations Tifft Street Bridge Land Acquisition Parcel #17 Item No. 35, C.C.P. 4/28/92 In the above referenced Council item Your Honorable Body authorized the Comptroller's Office, Division of Real Estate, to acquire the above parcel of land. An agreement has been reached with Adrian Realty Company, 6737 South Point Drive, Suite 100, Jacksonville, Florida to acquire the fee for Parcel #17, which consists of approximately 0.229 acres of land. The agreed purchase price is $2,290. The acquisition has been deemed necessary by the Commissioner, Department of Transportation, New York State, for the purposes connected with the road system of the City of Buffalo. I am recommending that Your Honorable Body approve the purchase of Parcel #17 from Adrian Realty Company in the amount of $2,290. I am further recommending that the Corporation Counsel prepare the necessary documents for acquisition of title and that the Comptroller be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 22 Acquire 1 Race Street for Board of Education -East Corner of Military Lot Size: 30' x 100' Assessed Valuation: Land: $7,100 Total: 45,000 The Comptroller's Office, Division of Real Estate, has received a request from the Board of Education to appraise and acquire 1 Race Street, Buffalo, New York, pursuant to Board of Education Resolution of 8/23/95. The purpose of the acquisition is for the Northwest Academy Project Site. The property will be needed for access to Military Road for ingress and egress. Funds for the acquisition are available in Board of Education Account # 299-970-584. The property consists of a one story, 960 sq. ft., single family ranch home, in good condition, situated on a lot having a frontage of 44' and a depth of 108'. The home is owned by Sheldon Horwitz, 1 Race Street, Buffalo, New York and is being offered for sale by Metro Classic Realty, Inc., Loren Horwitz, Agent, 2333 Niagara Falls Blvd., Amherst, New York. The property is on the market for sale at $51,900. Two independent appraisals for the property were commissioned by the Board of Education. Howard P. Schultz, MAI, 288 Linwood Avenue, Buffalo, New York has estimated the value of the property to be between $47,250 and $50,500. The second appraiser, Mr. Thomas Tighe, R. W. Bronstein, Inc., 3666 Main Street, Buffalo, New York 14228, has estimated the value of the property to be between $42,100 and $49,400. I have received, attached for your review, a standard Erie County Bar Association purchase contract from the seller. The purchase price is $50,000 and has a closing date of May 15, 1996. The contract is contingent upon final approval of all terms and conditions by the Common Council and Corporation Counsel of the City of Buffalo. I am recommending that Your Honorable Body approve the purchase of 1 Race Street in the amount of Fifty Thousand Dollars ($50,000). I am further recommending that the Corporation Counsel prepare the necessary documents for acquisition of title and that the Comptroller be authorized to execute the same. REFERRED TO THE COMMITTEE ON EDUCATION. No. 23 Collecting Overdue PILOT's Res. #176, CCP 4/2/96 The above item was referred to this office for a report. The collection of delinquent payments under PILOT agreements is handled by the Department of Assessment. That department utilizes the public agency (ECIDA, BURA) as a liaison to effect collection. The City of Buffalo is not a party of the agreements per se, and that poses an impediment to collection. It is my understanding that PILOT agreement provisions have now been added to strengthen the City's position to proceed directly against the private company, through litigation if necessary. More information may be obtained from the Department of Assessment and Law Department. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE PRESIDENT OF THE COUNCIL. No. 24 Req. Officers Walters & Brown Be Placed on Administrative Leave I write to request that you place Officers Walters and Brown back on Administrative Leave. The situation that has been created by returning, them to regular duty has undermined the public's confidence in the Police Department! The calls I have received from constituents raises questions about the Police Department's cooperation with the investigation and whether this move signals that the two officers are above the law! While I don't agree with these points, I must emphasize that it seems to be bad judgment to return these officers to regular duty before an Investigation is completed. Would you please meet with me to discuss this issue. Your cooperation is appreciated. RECEIVED AND FILED. FROM THE COMMISSIONER OF PUBLIC WORKS. No. 25 Notification Serial #8638 Truck Route Additions Various Locations TRUCK ROUTE ADDITIONS 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, Unending, 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 Subsection 2 of Section 40 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: TRUCK ROUTE SYSTEM 1. (New) Boulevard between Warwick Avenue and Kensington Avenue 2. Clyde Avenue between New Boulevard and Hutchinson Avenue 3. Hutchinson Avenue between Clyde Avenue and Clarence Avenue are hereby added to the City Truck Route System. Notification Serial #8639 Repeal of Permissive Parking on Franklin Street, west side between West Tupper Street and Virginia Street Item No. 100; C.C.P. 10/03/95 PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PKG LOC. PER.OF PRMSV.PKNG DAILY Franklin Street, west side 2 hour parking between West Tupper Street 7:00 a.m. to 7:00 p.m. and Virginia Street except Sunday This action is being taken to alleviate parking problems in this area (reference Council Item No. I 00 of October 3, 1995). Notification Serial #8640 Traffic Control Signal Parkside Avenue at Russell Avenue TRAFFIC CONTROL SIGNAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: TRAFFIC CONTROL SIGNAL Intersection of Parkside Avenue at Russell Avenue Notification Serial #8641 Repeal of No Standing on Parkside Avenue, east side between Amherst Street and Agassiz Circle NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repeating existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROH. PRTN.OF HIGHWAY PROHIBITED PERIOD - DAILY Parkside Avenue, east side 4:00 p.m. to 6:00 p.m. between Amherst Street except Saturday and Sunday and Agassiz Circle (east quadrant) This action is being taken to update signage in conjunction with the Parkside Corridor Signalization Project. Notification Serial #8642 Repeal of No Standing on Parkside Avenue, east side between Humboldt Parkway (NY 198) and Agassiz Circle (east quadrant) NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROH. PTN HIGHWAY PROHIBITED PERIOD - DAILY Parkside Avenue, east side At all times between Humboldt Parkway (NY 198) and Agassiz Circle (east quadrant) This action is being taken to update signage in conjunction with the Parkside Corridor Signalization Project. Notification Serial #8643 InstaIl No Standing on Parkside Avenue, east side between Agassiz Circle (east quadrant) and Amherst Street NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROH. PORTION OF HGWY PROH. PERIOD - DAILY Parkside Avenue, east side 3:00 p.m. to 6:00 p.m. between Agassiz Cr. (east quad.) except Saturday and Sunday and Amherst Street (excluding existing "No Standing Anytime" zones) This action is being taken to update signage in conjunction with the Parkside Corridor Signalization Project. Notification Serial #8644 Install No Standing on Parkside Avenue, east side from the Scajaquada Expressway (NY 198) to Agassiz Circle NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROH. PORTION OF HGWY. PROHIBITED PERIOD - DAILY Parkside Avenue, east side At all times from the Scaj. Exprswy. (NY 198) to a point 100' north of Agassiz Circle (east quadrant) This action is being taken to update signage in conjunction with the Parkside Corridor Signalization Project. Notification Serial #8645 Repeal of No Parking on Parkside Avenue, west side from Amherst Street to Russell Avenue NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROH. PRTN. OF HIGHWAY PROH. PERIOD - DAILY Parkside Avenue, west side At all times from Amherst Street to opposite the south curbline of Russell Ave. Agassiz Circle (east quadrant) This action is being taken to update signage in conjunction with the Parkside Corridor Signalization Project. Notification Serial #8646 Repeal of No Parking on Parkside Avenue, west side between Russell Avenue and Jewett Parkway NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROH. PORTION OF HIGHWAY PROH. PERIOD DAILY Parkside Avenue, west side At all times from Amherst Street to opposite except Sat. and Sunday from the south curbline of Russell Ave. to opposite #221 Parkside Avenue This action is being taken to update signage in conjunction with the Parkside Corridor Signalization Project. Notification Serial #8647 Repeal of No Parking on Parkside Avenue, west side between Russell Avenue and Jewett Parkway NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following; NO PARKING PROH. PORTION OF HIGHWAY PROHIBITED PERIOD Parkside Avenue, west side At all times between a point opposite #221 Parkside Avenue and Jewett Parkway This action is being taken to update signage in conjunction with the Parkside Corridor Signalization Project. Notification Serial #8648 Repeal of No Parking on Parkside Avenue, west side between Jewett Parkway and Woodward Place NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROH. PRTN.OF HGHWY. PROHIBITED PERIOD - DAILY Parkside Avenue, west side At all times from Jewett Pkwy. except Saturday and Sunday to a point opposite #167 Parkside Avenue This action is being taken to update signage in conjunction with the Parkside Corridor Signalization Project. Notification Serial #8649 Repeal of No Parking on Parkside Avenue, west side between Jewett Parkway and Woodward Place NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROH. PORTION OF HIGHWAY PROH. PERIOD-DAILY Parkside Avenue, west side At all times from a point opposite 4167 Parkside Avenue to a point opposite the south curbline of Woodward Place This action is being taken to update signage in conjunction with the Parkside Corridor Signalization Project. Notification Serial #8650 Repeal of No Parking on Parkside Avenue, west side between Woodward Place and Robie Street NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROH. PORTION OF HIGHWAY PROH. PERIOD - DAILY Parkside Avenue, west side At all times from a point opposite exc.Saturday and Sunday between Woodward Place and a point opposite #21 Parkside Avenue This action is being taken to update signage in conjunction with the Parkside Corridor Signalization Project. Notification Serial #8651 Repeal of No Parking on Parkside Avenue, west side between Florence Avenue and East Meadow Road NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROH. PORTION OF HIGHWAY PROHIBITED PERIOD Parkside Avenue, west side At all times from a point opposite #21 Parkside Avenue to East Meadow Road This action is being taken to update signage in conjunction with the Parkside Corridor Signalization Project. Notification Serial #8652 Install No Parking on Parkside Avenue, west side from Amherst Street to Russell Avenue NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROH. PORTION OF HIGHWAY PROH. PERIOD - DAILY Parkside Avenue, west side At all times from Amherst Street to a point 60' North of Russell Avenue This action is being taken to update signage in conjunction with the Parkside Corridor Signalization Project. Notification Serial #8653 Install No Standing on Parkside Avenue, west side from a point 60' north of Russell Avenue to a point 60' south of Russell Avenue NO STANDING-INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROH. PORT. OF HIGHWAY PROHIBITED PERIOD Parkside Avenue, west side At all times from a point 60' north of Russell Avenue to a point 60' south of Russell Avenue Notification Serial #8654 Install No Parking on Parkside Avenue, west side between a point 60' south of Russell Avenue and a point 15 O' south of Woodward Place NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROH. PORT. OF HIGHWAY PROHIBITED PERIOD Parkside Avenue, west side At all times between a point 60' south of exc. 7:00 a.m. to 10:00 p.m. Russell Ave. and a pt.150' s. Saturday and Sunday of Woodward Place, exc. existing No Standing zones This action is being taken to update signage in conjunction with the Parkside Corridor Signalization Project. Notification Serial #8655 Install No Standing on Parkside Avenue, west side between Jewett Parkway and the Scajaquada Expressway (NY 198) NO STANDING-INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROH. PORTION OF HIGHWAY PROHIBITED PERIOD Parkside Avenue, west side At all times from 250' north of Robie Street to the Scajaquada Expressway (NY 198) This action is being taken to update signage in conjunction with the Parkside Corridor Signalization Project. Notification Serial #8656 Repeal No Parking Clinton Street, north side between Bailey Avenue and Glenn Street NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROH. PORTION OF HIGHWAY PROHIBITED PERIOD Clinton Street, north side At all times between Bailey Avenue and Glenn Street This action is being taken in order to update records and provide consistency with existing field conditions. (see next serial) Notification Serial #8657 Install No Standing Clinton Street, north side between Bailey Avenue and Glenn Street NO STANDING-INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROH. PORTION OF HIGHWAY PROHIBITED PERIOD Clinton Street, north side between At all times Bailey Avenue and Glenn Street This action is being taken in order to update records and provide consistency with existing field conditions. (see previous serial) Notification Serial #8658 Repeal No Parking Clinton Street, south side between Bailey Avenue and Roberts Avenue NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROH. PORTION OF HIGHWAY PROHIBITED PERIOD Clinton Street, south side between At all times Bailey Avenue and Roberts Avenue This action is being taken in order to update records and provide consistency with existing field conditions. (see next serial) Notification Serial #8659 No Standing - Install Clinton Street, south side between Bailey Avenue and Roberts Avenue NO STANDING-INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROH. PORTION OF HIGHWAY PROHIBITED PERIOD Clinton Street, south side between At all times Bailey Avenue and Roberts Avenue This action is being taken in order to update records and provide consistency with existing field conditions. (see previous serial) Notification Serial #8660 No Standing - Repeal Clinton Street, south side at entire frontage of Houghton Academy (School #69) property NO STANDING-REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROH. PORTION OF HIGHWAY PROHIBITED PERIOD Clinton Street, south side At all times between at entire frontage of Houghton Academy (School #69) property This action is being taken in order to update records and provide consistency with existing field conditions. (see next serial) Notification Serial #8661 No Parking - Install Clinton Street, south side from the west property line of Houghton Academy (School #69) to the east property line of Houghton Academy (School #69) NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROH. PORTION OF HIGHWAY PROHIBITED PERIOD Clinton Street, south side from west At All Times property line of Houghton Academy (School #69) to the east property line of HoughtonAcademy (School #69) This action is being taken in order to update records and provide consistency with existing field conditions. (see previous serial) REFERRED TO THE COMMITTEE ON LEGISLATION. No.26 Change in Contract Interior Reconstruction Precinct 11 Bailey & Regent I hereby submit to Your Honorable Body the following changes for the Interior Reconstruction, Precinct 11 - R W Painting, Order #1 1446870. 1. Add 8' wall,door and frame to bathroom. Add $725.00 The foregoing change results in a net increase in the contract of Seven Hundred Twenty Five and 00/100 Dollars ($725.00). Summary: Original Amount of Contract $18,250.00 Amount of This Change (No. 1) Add 725.00 Revised Amount of Contract $ 18,975.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-513 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the communication from the Department of Public Works dated March 29, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order no. 1 To R W Painting, changes resulting is a net increase in the amount of $725.00 , as more fully described in the above communication, for work relating to the interior reconstruction, Precinct 11, Order #11446870. Funds to be charged to B/F 200-402-513, Division of Buildings. PASSED. AYES- 13 NOES - 0. No. 27 Report of Bids Elmwood-Virginia Fire Station Buffalo, New York II advertised for on March 1, 1996 and received the following sealed proposals which were publicly opened and read on March 27, 1996. Gen. Construction Wk. Add Add Add Add Add Base Bid Alt 1 Alt 9 Alt 10 Alt 11 Alt 12 Concept Const. $1,178,832 $43,500 $8,000 $16,000 $11,300 $8,300 Gerald StayCo. $1,194,600 $45,000 $8,000 $19,500 $ 8,000 $9,000 Nichter Const. $1,248,000 $55,000 $7,800 $19,500 $ 6,800 $8,600 CHBryon Co $1,287,000 $50,700 $12,500 $22,600 $11,200 $6,900 Wilsandra Const. $1,365,000 $47,900 $14,000 $22,000 $7,500 $8,400 BRD Inc. $1,379,000 $45,000 $6,300 $17,000 $8,400 $12,000 Clarence Associates $1,396,358 $45,000 17,000 $24,000 $7,000 $8,900 The Hadala Corp. $1,408,000 $13,000 $13,000 $19,000 $9,000 $10,000 Allstate Development $1,414,000 $51,000 $14,000 $22,000 $8,000 $10,000 Westmore Constr. $$1,440,000 $46,000 $13,000 $18,000 $7,000 $9,000 Alternate No. 1 is to remove entire roofing system at the existing roof areas and provide new modified bitumen roof system, including 1-1/2" of new polyisocyanuarate insulation. Alternate No. 9 is to provide pre-glazed concrete block as an accent course. Alternate No. 10 is to provide a troweled composite floor and finish system at Apparatus Room 202 as specified in Section 09700 Composition Flooring. Alternate No. 11 is to provide porcelain ceramic tile flooring and base trim at Corridor 217 and Vestibule 217A. Alternate No. 12 is to provide porcelain ceramic tile flooring and base trim at Kitchen and Dining Rooms 213 and 214. Estimate for General Construction Work was $1,429,291.00 Plumbing Work Elmwood Plumbing $102,000 Ackerman & Huebsch $106,146 Geo. H. Sanders $123,531 MKS Plumbing $126,126 NuMarco Inc $131,000 Joseph Carino Plbng. $139,738 Sparks Plumbing $157,700 Valery Const. $141,000 Estimate for Plumbing Work was $141,536.00. Electrical Work Frey Electric $154,360 Tunney Electric $161,465 Ind. Power & Lghtng. $177,300 CIR Electrical $179,900 Estimate for Electrical Wk was $176,657.00. Mechanical Work Northeast Mechanical $237,400 B H Refrigeration $242,782 John W. Danforth Co. $256,000 Joseph Davis Co. $256,000 Estimate for Mechanical Work $165,059.00. I hereby certify that the foregoing is a true and correct statement of all bids received and the following are the lowest responsible bidders in accordance with the plans and specifications General Construction Work - Concept Construction base bid $1,178,832, add Alt. #1 ($43,500), add Alt #9 ($8,000), add Alt #1 0 ($16,000), add Alt #11 ($11,300), add Alt #12 ($8,300), in the total amount of $1,265,932. Plumbing Work - Elmwood Plumbing in the amount of $102,000. Electrical Work - Frey Electric in the amount of $154,360. Mechanical Work - Northeast Mechanical in the amount of $237,400. Mechanical Work - Northeast Mechanical in the amount of $237,400. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis on the low bids. Funds for this work will be available in B/F 200-402-023 - Division of Buildings. REFERRED TO THE COMMITTEE ON FINANCE. No. 28 Report of Bids Repair to City Manholes - 1996 Group #401 Item No. 27, C.C.P. 7/11/95 This is to advise your Honorable Body that I have advertised and received bids on April 3, 1996 for Repair to City Manholes - 1996. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Unit Price Contractor Base Bid Increase A.B.P. Concrete Const. Inc. $65,467.00 $72,013.70 Thomann & Loewer Asphalt Pav. Corp. $79,445.00 $87,389.50 Sunshine Concrete Co., Inc. $98,465.00 $108,311.50 Campobello Const. Co., Inc. $99,200.00 $109,120.00 M. Passucci Const. Inc. *$109,250.00 $120,175.00 Cemulini-Pecoraro Const. Corp. $116,150.00 $127,765.00 C & C Contractors, Inc. $191,275.00 $210,402.50 *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 #200-401-507-00-000 in an amount of $65,467.00, plus approved unit prices not to exceed $6,546.70, for a total encumbrance of $72,013.70. The engineer's estimate for this work is $100,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by May 20, 1996. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated April 11, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Repair to City Manholes - 1996, Group #401, to A.B.P. Concrete Construction, Inc., the lowest responsible bidder in the amount of $65,467.00 plus approved unit prices not to exceed $6,546.70, for a total encumbrance of $72,013.70, with said cost to be charged to the Capital Projects Fund #200-401-507-00-000. PASSED. AYES- 13 NOES - 0. No. 29 Bids New York State Department of Transportation Red Structural Flag Conditions on City of Buffalo Maintained Bridges The New York State Department of Transportation has issued several Red Structural Flags to the South Park Avenue Lift Bridge over the Buffalo River. The State allows us six (6) weeks to make repairs, therefore, due to the urgency of this matter the Commissioner of Public Works is requesting Your Honorable Body's permission to receive informal bids and order the work done. We expect this work not to exceed twenty thousand dollars ($20,000.00). Funds for this work are available in the Division of Engineering Bond Fund 200-401-015. The Department of Public Works will report the results of the bids to the Council. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated April 3, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to receive informal bids and order the work of Red Structural Flags to the South Park Avenue Lift Bridge over the Buffalo River in an amount not to exceed twenty thousand dollars ($20,000.00). Funds for this project are available in the Division of Engineering Bond Fund 200-401-015. PASSED. AYES- 13 NOES- 0. No. 30 Marine Midland Arena Phase I A; Group No. 264 Perimeter Curbing 1. The Department of Public Works will be advertising for the construction of Phase I A; Group No. 264 of the Marine Midland Arena in approximately five (5) weeks. After receiving bids, construction will start approximately in six weeks. (July 3, 1996) The Marine Midland Arena is scheduled to open in September, 1996. In order for the site work/sidewalks/lighting, etc. to be completed by this date, curbs must he installed by June 1, 1996. In order to remain on schedule , Marine Midland Arena has proposed that they install the perimeter curbing on Perry Street, Main Street, and South Park Avenue by their own contractor, in accordance to City specifications. The Department of Public Works would then have our contractor complete all street construction and curbing on the cuter perimeter of the streets mentioned above. The cost of the granite curbing installed by Marine Midland Arena and removed from the Department of Public Works contract would be offset from naming rights proceeds to the City. (Lease agreement CALLC, Article XI - Advertising Rights and Revenues - Section 11.2) The Department of Public Works agrees that due to the timing of contracts, this would be the only feasible way for Marine Midland Arena to have all the site work completed prior to opening day. Therefore, we ask for permission for the Commissioner of Public Works to enter into an agreement, with CALLC, to install granite curbsand related items on portions of Main Street, Perry Street, and South Park Avenue, not to exeed $120,000.00. 2. Marine Midland Arena has agreed to changing the pavement width on South Park Avenue from twenty-six feet (26') to thirty-two feet (32') to accommodate two on-road bike lanes. Due to this roadway widening, Marine Midland Arena will eliminate the proposed brick wall on South Park Avenue and will install a six inch (6") curb in its place. Site work remain as proposed where possible. Attached is a letter from Marine Midland Arena dated April 4, 1996 requesting the above mentioned items. REFERRED TO THE AUDITORIUM/STADIUM TASK FORCE, CORPORATION COUNSEL AND THE DIVISION OF STADIUM AND AUDITORIUM. No. 31 City of Buffalo Sponsorship of the Canadiana Restoration Project Agreement Item No. 27; C.C.P. 09/19/95 I hereby request permission of Your Honorable Body to authorize the City of Buffalo to participate to the extent of up to 100% of the non-federal share in the cost of a Transportation Enhancement federal-aid project. Whereas, a Project for the Canadiana Preservation & Restoration Project, P.I.N. 5754.75, funded for in Title 23 U.S. Code, as amended calls for the apportionment of the costs such program to be borne at the ratio of 77.22% federal funds and 22.78% non-federal funds; and WHEREAS, the City of Buffalo desires to advance the above Project by making a commitment of 100% of the non-federal share of the costs of the Canadiana Preservation & Restoration Project. Now Therefore, the City Council duly convened does hereby Resolve, that the City Council hereby approves the above subject Project; and it is hereby further Resolved, that the City Council hereby authorizes the City of Buffalo to pay 100% of the non-federal share of the cost of said work for the subject project or portions of the subject Project; and it is further Resolved, that in the event the full non-federal share costs of the Project exceeds the amount appropriated above, the City of Buffalo shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Department of Transportation. Resolved, that the Commissioner of Public Works of the City of Buffalo is hereby authorized to execute ail necessary agreements on behalf of the City of Buffalo with the New York State Department of Transportation approving of the above subject project and providing for the Municipality's administration of the project and its participation in the cost of the local share of the subject Project. The City shall continue to cooperate in the Project if the Canadiana Preservation Society, Inc. provides the City with a $20,000.00 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 ($518,000.00) or greater, after the Project is complete. The Canadiana Preservation & Restoration Project is responsible for providing the $118,000.00 local match. This authorization is subject to the State Department of Transportation's approval of this arrangement. Resolved, that a certified copy of this resolution is filed with the New York State Commissioner of Transportation by attaching it to any necessary agreements in connection with the Project. Mrs. LoTempio moved: That the communication from the Public Works, dated April 10, 1996, be received and filed; and That the City of Buffalo be, and hereby is authorized to participate to the extent of up to 100% of the non-federal share in the cost of a Transportation Enhancement federal aid project for the Canadiana Restoration Project as more fully described in the above communication. PASSED. AYES- BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS- 10. NOES- HELFER, KAVANAUGH, ZUCHLEWSKI- 3. No. 32 Demolition of Memorial Auditorium Item No. 210, C, C.P. 3/5/96 Commissioner Anthony Marconi has asked me to respond to the referenced item regarding an estimate for demolition of Memorial Auditorium. The item is more appropriately responded to by Public Works, because the building is City-owned and will probably be put under the jurisdiction of this department once the Sabres vacate the building. I have contacted a demolition contractor, and my staff has looked into demolition possibilities. At this time we would preliminarily estimate demolition cost at $2.5 million. This estimate could increase dramatically if asbestos or other hazardous materials are found within the building. Should a decision be made to demolish the building, we will formulate specifications and seek competitive bids. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 33 1108-1110 Elmwood Avenue: Sidewalk Cafe Ms. Elizabeth Brinkworth of the Yellow Dogg, Inc., DBA Mr. Goodbar, located at 1108-11 10 Elmwood Avenue, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure fifty-one feet (51') in length and project seven feet (7') from the building face into City right of way. The Department of Public Works has reviewed this application pursuant to Chapter 413, Section 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 installation of said sidewalk cafe 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 fifty-one feet (5 I') in length or extend more than seven feet (7'), from the building face. 4.That no portion of the sidewalk cafe be 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 15 to April I each year. 6.That the applicant be 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. (51' x 7'= 357 sq. ft. = $714.00). 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION. No 34 1472 Hertel Avenue, Sidewalk Cafe Peter Vogel and Margaret A. McGregor, owners of The Bean Scene, 1472 Hertel Avenue, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure ten feet (10') in length and project five feet (5') from the building face into City right of way. The Department of Public Works has reviewed this application pursuant to Chapter 413, Section 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 installation of said sidewalk cafe 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 ten feet (10') in length or extend more than five feet (5'), from the building face. 4.That no portion of the sidewalk cafe be 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 15 to April I each year. 6.That the applicant be 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. (10'x 5'= 50 sq. ft. = $100.00) 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe, REFERRED TO THE COMMITTEE ON LEGISLATION. No. 35 621-23 Main Street; Sidewalk Cafe Mr. David E. Dolgin, Manager of the Breckenridge Brewery, located at 621-23 Main Street, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure forty feet (40') in length and project twelve feet (12') from the building face into City right of way. The Department of Public Works has reviewed this application pursuant to Chapter 413, Section 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 installation of said sidewalk cafe 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 forty feet (40') in length or extend more than twelve feet (12'), from the building face. 4. That no portion of the sidewalk cafe be 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 15 to April 1 each year. 6. That the applicant be 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. ( 40' x 12' =480 sq ft. = $750) 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond or $750 certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 36 SBCA - Proposed Lease - Cazenovia Ice Rink Item #81, C.C.P. 04/02/96 The reference item was referred to this department for opinion. We have reviewed the lease and find it acceptable. Our only concern is that if the necessary improvements to the link are not made promptly, the additional use contemplated under this lease will add to the problem. Funds have been requested in the 1996-97 Capital Budget for the necessary repairs. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 37 Municipalization of Electric Distribution Street Lighting Item No. 205, C.C.P. 2/20/96 In response to the above resolution the following is a report from the Department of Public Works. The existing agreement with Niagara Mohawk is unique in the State of New York because they in fact own approximately 75% of the system, and therefore, our annual electric bill covers much more than just energy. Said annual bill also includes maintenance, profit, overhead and amortization of the system which is partially owned by Niagara Mohawk. We estimate that the City would need to raise $51 Million in Capital Funds to just purchase the existing street light system. At the present time, I have no estimate for the remainder of the system which includes numerous buildings, offices, shops and switch stations. However, these additional items would be quite expensive. In order to make some sense of the City of Buffalo situation as verses the City of Massena, I have prepared the attached chart for comparative purposes. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 38 Certificate of Appointment Appointment effective April 8, 1996 in the Department of Public Works, Division of Water, Alberta Hollis, 128 Livingston St., Buffalo 14213 to the position of Inventory Clerk, Permanent at the Maximum starting salary of $26,920.00 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE No. 39 Update on Police Reorganization Item # 156 C.C.P., 5/3/94 Please find attached a report on the current status of Police Reorganization. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION. FROM THE CORPORATION COUNSEL No. 40 Settlement of Fire Damage Claim to 301 Vermont Street Owner - Christopher Auer In or around 1984, a fire substantially destroyed a frame dwelling at 301 Vermont Street, Buffalo, N.Y. At that time, the property was owned by Christopher Auer. In the likely event that the City would have to ultimately pay for a necessary demolition, the City informed Mr. Auer's insurance company, Mutual Fire Insurance Company ("Mutual") of our desire to be named on any fire loss check. Mutual did issue a check in 1984 in the amount of $11,094.13 payable to Mr. Auer, the City and a mortgagee with an interest in the property. Mr. Auer then transferred the property to an entity named Garden Grove without rehabing or demolishing the building. He also never cashed the check for $11,094.13. When he died on July 30, 1991, his attorney found the check among his personal papers. The City did end up demolishing the building in 1987 at a cost to the City of $5,000.00. The demolition was ordered after an administrative hearing, however, the City never filed a Notice of Pendency as required under Buffalo Code Section 113-11 (A). Garden Grove was the owner at the time of the demolition. At the time of his death in 1991, Mr. Auer's sole asset was a property located at 2327 Niagara Street. The property was sold to pay off the debts of Mr. Auer. All claims and any moneys owed the City, including parking tickets, real property taxes, etc., were paid in full. The City's costs for our demolition of 301 Vermont were not paid because they had never been recorded as a lien or judgment at the Erie County Clerk's Office. With regard to the uncashed check which was at least six (6) years old in 1991, Mr. Auer's attorney expended considerable time and effort to secure payment. After discovering that Mutual had filed for bankruptcy, Mr. Auer's attorney interjected the claim into the bankruptcy proceeding. After a series of annual dividends paid over the years by the bankruptcy trustee, Mr. Auer's attorney now has the full amount of $11,094.13. After considerable negotiations with Mr. Auer's attorney and the mortgagee's attorney, it has been proposed that the City receive $1,500.00 in full satisfaction of our $5,000.00 demolition cost with the remainder divided between the mortgagee and Mr. Auer's estate. This office concurs with the proposed settlement for the following reasons. First, the City's failure to file or otherwise record a lien or judgment with the Erie County Clerk's Office substantially prejudices and may defeat our claim. Second, with the fire occurring in 1984 it is likely that we are now time barred from formally pursuing a claim by way of a lawsuit. Third, the amount of the mortgagee's claim is close to or exceeds the $11,094.13 amount. As a result, the mortgagee is compromising down from $11,094.13 to something less than $5,000-00. This is a considerable compromise since if the matter were litigated, the mortgagee would likely have priority over the City's claim leaving the City with nothing. Finally, in that the City is recovering $1,500.00 based on the time and effort of Mr. Auer's attorney, the remainder can be viewed as costs we likely would have incurred to achieve the same result. Bob Sienkiewicz from the Mayor's Task Force on Housing has been involved in the negotiations, and approves of the settlement. Based on the above, this office recommends settlement in the amount of $1,500.00. Mrs. LoTempio moved: That the communication from the Corporation Counsel, dated April 3, 1996, be received and filed; and That the Corporation Counsel be, and he hereby is authorized to accept the amount of $1,500.00, payable to the City, in full satisfaction of demolition charges against Christopher Auer, 301 Vermont Street. PASSED. AYES- 13 NOES- 0. No. 41 Settlement of Fire Damage Claim to 313 Sweet Avenue, Buffalo Owner Blue and Gold Company CCP 6/19/90, Item No. 159 On or about February 19, 1989, a fire destroyed a building at 313 Sweet Avenue which was owned by the Blue and Gold Company. After an administrative hearing held under Buffalo Code Chapter II 3 it was determined that the building warranted demolition. Prior to the hearing, or at any time thereafter, the City did not file a Notice of Pendency at the Erie County Clerk's Office as required under Buffalo Code Section 113-II(A). The property was subsequently demolished by the City after Common Council approval at a cost of $5,800.00. (CCP June 19, 1990, Item No. 159). The Department of Assessment in accordance with their procedures listed the demolition charge on the local assessment rolls maintained by the Department. This listing took place in June of 1990 shortly after the Common Council approval on June 19, 1990. The owner through its representative, Paul Bandriwsky, received a fire insurance loss check against which the City made a claim for $1,500.00. This claim was an estimate in that it was made prior to the demolition and turned out to be significantly less than the $5,800.00 demolition amount. No payments were received after the $1,500.00 leaving a balance of $4,300.00 (i.e. $5,800.00 less $1,500.00). Mr. Bandriwsky was next formally notified of the debt on or about January 23, 1991 by a notice sent by the Department of Assessment under Buffalo Charter Section 559. The $4,300.00 was still due and owing the City at that time and remained unpaid when the Blue and Gold Company ultimately transferred the now vacant lot to Mr. Dinh Le on May 3, 1991. Prior to Dinh Le's purchase on May 3, 1991, a title search conducted by Ticor Title on November 29, 1990 failed to pick up the demolition costs owing the City. This can be explained in part because the City had failed to file a Notice of Pendency at the Erie County Clerk's Office. It is unclear whether Ticor Title reviewed the local assessment roll in November of 1990, but it is likely that they would have done so had a filed Notice of Pendency alerted them to the City's Claim. Meanwhile, the City began sending delinquent tax notices to Mr. Le which included the $4,300.00. This was proper in that unpaid local assessments can and are rolled into the general tax roll under Buffalo Charter Article 30. Mr. Le refused to pay arguing that the City's failure to file the Notice of Pendency had directly caused Ticor's failure to identify the City's charge and that the Blue and Gold Company should pay since they owned it at the time of the fire, had received a fire loss check for the damage and accordingly made a partial payment of $1,500.00 while agreeing to pay the balance of $4,300.00. To date, with interest and penalties, the $4,300.00 has ballooned to approximately $9,739.70, and the property was placed on the In Rem foreclosure list. To protect its interest in the property, Mr. Le's bank then paid the $9,739.70 to the City and had the property removed from the In Rem List. After considerable discussions with Mr. Le, Mr. Bandriwsky, and their attorneys, a proposed resolution has been reached. Mr. Bandriwsky has agreed to pay the remaining $4,300.00, so that combined with the previously submitted $1,500.00, the full amount of $5,800.00 will have been paid to the City. The City will then be asked to waive the interest and penalties that have accrued on the $4,300.00. The parties will essentially be returned to the status quo in that the check for $9,739.70 will be returned to the bank and the City will accept $4,300.00. The City will end up recovering the full amount paid for the demolition, namely, $5,800.00. This office recommends the acceptance of this proposal for the following reasons. Although the title search company may have had an obligation to more comprehensively search City records, the City's failure to file a Notice of Pendency with the Erie County Clerk contributed to Mr. Le's predicament and prejudiced his ability to verify any and all existing liens on the property prior to his purchase. Further, the City's low estimate of the demolition at $1,500.00 furthered nonpayment in that if the City had made a more accurate estimate of the actual demolition costs, the full $5,800.00 would likely have been paid immediately with the proceeds of the fire insurance check. This proposal has been approved by Bob Sienkiewicz, Director of the Mayor's Task Force on Housing. Based on the above, this office recommends the acceptance of the proposal. REFERRED TO THE COMMITTEE ON FINANCE. No. 42 Bennett Beach Attached is a letter from Commissioner Richard M. Tobe, County of Erie, Department of Environment and Planning dated April 3, 1996, and my response to his letter dated April 4, 1996, regarding Bennett Beach. RECEIVED AND FILED. No. 43 Bennett Beach Lease Attached for your consideration is the latest version of the Bennett Beach Lease Agreement between the City of Buffalo and the County of Erie. However, some of the issues contained within have not yet been completely resolved. Specifically, the particulars of Page 2, Paragraph 8 are currently being worked out. Mrs. LoTempio moved: That the communication from the Department of Law, dated April 11, 1996, be received and filed; and That the Mayor be, and he hereby is authorized to execute the Lease Agreement between the City and the County of Erie for Bennett Beach with the following provisions: That Paragraph 9 be amended to read as follows: 9) If during the period of this lease agreement the County should ever cease to operate Bennett Beach as a beach or a park, and fails to remedy such beach within 30 days, the City is authorized to immediately re-enter and repossess Bennett Beach. In the event the City decides to sell Bennett Beach, the terms of this lease agreement shall stay in effect and continue with the County. PASSED. AYES - 13 NOES - 0 No. 44 Dress Codes/ Uniform Policies Item No. 65, C.C.P., 4/2/96 You have requested a response from this office regarding the authority of the Board of Education to institute a mandatory uniform policy in the Buffalo Public Schools. The Board of Education is granted broad powers under New York State Education Law 1709. Subdivision 2 of that section provides the Board has the power: To establish such rules and regulations concerning the order and discipline of the schools, in the several departments thereof, as they may deem necessary to secure the best educational results. The Commissioner of Education in New York State has made determinations as to the interrelatedness of regulating student dress and furthering the goal of "securing] the best educational results" as well as providing safety for the students. In 1969, the Commissioner stated that: Commissioners of Education have held repeatedly that the matter of a student's appearance may not be regulated by administrative order where fashion or taste is the sole criterion. Regulations must relate to a specific educational purpose, such as health, safety, or full participation in various activities. In the absence of such specific educational purpose, the imposition of a penalty to conform to a uniform manner of dress or appearance violates the individual rights of students and parents. Recent decisions of the Commissioner have stated more specifically what type of conditions must be present in order to justify the regulation of student dress which would include dress that threatens health and safety, or otherwise disrupts the educational process. It should be noted that the disruption must be substantial or a material interference with the work or discipline of the school or infringes on the rights of others. There are no decisions from the Commissioner or the courts of New York regarding uniform policies in the public schools. However, in 1993, Commissioner's decisions have set forth the process of formally adopting a dress code. It must be assimilated into the school's policy on conduct and discipline, "which must be developed locally in consultation with teachers, administrators, other school service professionals, students and parents. ( This is required by 8 NYCRR 100.2 (1)). The policy or discipline code into which the dress code has been assimilated must be reviewed annually by the Board to ensure that community standards of deportment and decorum are followed and revised as standards change. These provisions are consistent with the recommendations set forth in the Manual on School Uniforms issued by the United States Department of Education. It is important to note that the Manual recognizes that a mandatory uniform policy without an "opt out" provision requires a finding that disruption of the learning environment has reached a point where lesser measures have been or would be ineffective. This office is not aware of any such findings in the Buffalo Public School System, The Board of Education has indicated that they are exploring the feasibility of implementing a uniform policy for some or all of the schools. To comply with the Commissioner's regulations the Board will have to develop any proposed uniform policy in conjunction with the parents, students, and school professionals. RECEIVED AND FILED. No. 45 Naming of School Buildings Item No. 99, C.C.P., 3/19/96 You have requested a response from the Law Department regarding the request to change the name of the Stanley Makowski Early Childhood Center ("the Makowski School"). A group of citizens has petitioned the Board of Education (the "Board") and the Common Council to change the school's name to reflect the African-American community in which it is located. The naming of a public school building falls within the exclusive purview of the State of New York, which has delegated the authority to handle all school matters to the local Board of Education. The New York State Education Law, section 2554 (4) places among the powers and duties of the Board "the care, custody, control and safekeeping of all school property or other property of the city used for educational, social or recreational work and not specifically placed by law under the control of some other body or officer, and to prescribe rules and regulations for the preservation of such property." Section-2554 (13)(a) authorizes the Board to make regulations to effectuate the provisions within their power, The Board has always made regulations and policies as they apply to school buildings. The Board established recommended procedures for naming school buildings on October 27, 1982 and subsequently amended those procedures on December 17, 1986. The procedures call for referring the matter of changing a school name to the Board's Executive Committee for investigation and recommendation, The Executive Committee is expected to place public notice in newspapers for public hearings to be held within two to four weeks to consider name recommendations from the community being served by the school . When the name chosen involves an individual, the Superintendent should investigate the name to look to the appropriateness of the person and their public record. The Superintendent should review the person's achievements for its inspirational impact on youth, the person's prominence within the City of Buffalo and the potential offensiveness to a segment of the community. In 1986, after the Herman Badillo Bilingual Academy was named, the recommended procedures were amended to provide that the person should also be deceased for at least five years so the person's life can be objectively assessed. Once the Superintendent has reported to the Executive Committee, a second public hearing should be held and a recommendation should be prepared for the entire Board. The Executive Committee should give its recommendation to the Board, which would then table the name change and publicly consider the recommendation at the next regular Board meeting. If the Board votes to approve the name, it becomes effective July I st of the upcoming school year or upon the opening of a new school building. Once a school building has been given a name rather than or in place of a number, it is expected that the name shall not change as long as the building is used for school purposes. When the building ceases to be used for educational or school purposes, the Board relinquishes control of the building to the City, Then the City has the authority to determine its name and any other matters related to it. Since state law gives the Board the authority to determine the policies related to school buildings, the Common Council cannot compel the Board to take any action to change the name of a school, When the Makowski School was named, the Board may have failed to follow their recommended procedures. If the Board did violate their recommended procedures, since such procedures are recommended in nature, no person would have standing to challenge the Board's action. Even if someone did try to bring an Article 78 proceeding to claim the Board's action was arbitrary and caprious, such a proceeding would be time barred as the claim must be made within 120 days after the Board's action. Though the City does not endorse actions taken outside the recommended procedures, the Common Council is without authority to compel the Board to follow their own procedures, REFERRED TO THE COMMITTEE ON EDUCATION. No. 46 Forgive Taxes - 184 Barton Street Item No. 192, C.C.P., 4/2/96 You have requested a response from the Law Department regarding a resolution requesting the forgiveness of taxes owed to the City of Buffalo for the property at 184 Barton Street. The Westside Church of the Living Word purchased 184 Barton Street in October 1995 and missed the deadline for filing for tax-exempt status for 1995. The resolution would, if passed, forgive taxes on 184 Barton Street and direct the Commissioner of Assessment and Corporation Counsel to "prepare the proper documents and clear the tax roll in the proper manner." A local legislative body is without authority to forgive or abate real property taxes in this situation. Such forgiveness would constitute a gift of public funds in violation of Article VIII, Section I of the New York State Constitution. The 1993 case of 1963 Elmwood Avenue, Inc. v. Tanzella, Morrow and Giambra, 598 NYS2d 414 is on point. In this case, the Common Council directed the Commissioner of Assessment to forgive taxes on 1963 Elmwood Avenue. The Commissioner refused, on the advice of the Law Department and 1963 Elmwood Avenue, Inc. brought an action to compel the abatement. The Appellate Division, Fourth Department held such forgiveness void as a violation of the State Constitution and upheld the Commissioner's refusal to comply with the Council's direction. According to the Assessment Department, the Westside Church of the Living Word has never applied for a religious exemption for 184 Barton Street. Such application must be made in order to show that the Church, in fact, is eligible for a religious exemption under Real Property Tax Law Section 420-a. REFERRED TO THE COMMITTEE ON FINANCE. No. 47 Placement of Outside Gas Meters Item No. 180, C.C.P., 4/2/96 You have requested that this Department take any and all steps necessary to halt the installation of any additional outside gas meters by National Fuel Gas until all alternatives and options have been explored and made available to all the residents. National Fuel Gas is currently in the process of upgrading its gas lines from low pressure to medium pressure. As a result of this upgrade, new gas regulators and meters may be required. Pursuant to 16 NYCRR 255.353(b) all service regulators on new and replacement service lines must be installed outside of the building unless it is unsafe or impractical. National Fuel Gas has received a New York State Public Service Commission approved tariff which states in relevant part that meters shall be located in reasonably accessible and convenient positions as determined by the company. A representative from the Public Service Commission confirmed that National Fuel Gas has some discretion in the placement of meters. National Fuel Gas generally places the meters in close proximity to the outside regulators. The Public Service Commission has determined that placing the meters close to the regulators is an acceptable policy under the tariff. However, this Department has not yet had an opportunity to review the tariff. This Department will continue to monitor the situation. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 48 Sale of Pagers and Beepers to Minors Item No. 177, C.C.P., 4/2/96 You have requested a response from the Law Department regarding the sale of pagers and beepers to minors. Specifically you have asked whether prohibiting the sale of beepers and pagers to those under the age of eighteen would be legally enforceable or whether the City could license such businesses. The City may only enact laws to protect the health, safety and welfare of its citizens. The City has to identify the specific "health, safety or welfare of its citizens" issue that these proposed ordinances would address. The proposed ban on the sale of beepers and pagers to minors has been suggested as a method of protecting minors and parents from the consequences of contracts for the pager services being purchased by minors. However, under common law, contracts with a minor can be voided by the minor and the minor is released from liability under the contract, unless such contract is for a necessity of life. Once the minor chooses to disavow the contract, his or her parent or legal guardian cannot be made liable for any obligation due under the contract, unless it is for a necessity of life. Therefore, both the minor and the minor's parents are already protected. A second interest which has been advanced to support the proposed ordinance is that many individuals who purchase pagers and beepers use them for illegal drug activities. Therefore, it is argued that prohibiting the sale of beepers and pagers to minors would reduce drug transactions. There is no evidence to support this argument. Pagers and beepers are not inherently illegal or dangerous products. There are many lawful uses for them. Regulating the sale of these items cannot control the subsequent use of the product after the sale and, therefore, affords no protection to the public. The City's power to license businesses derives primarily from its duty to protect the public from fraud and injury. There is no evidence that the sellers of pagers and beepers have, in any way, defrauded or injured the public. Again, the licensing of the sellers would in no way control the use of the product sold. Based upon the foregoing, it appears that any City legislation to prohibit the sale of pagers and beepers to minors or to license such businesses would be outside the scope of the City's powers and not legally enforceable. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 49 Info-William J. Deschenes "Appointment Truck Driver" (Item No. 39, C.C.P., Oct. 17, 1995) (Item No. 32, C.C.P., Oct. 31, 1995) (Item No. 106, C.C.P., Nov. 14, 1995) (Item No. 41, C.C.P., Feb. 6, 1996) (Item No. 94, C.C.P., Mar. 5, 1996) This is in response to the Council's inquiry as to whether a person being hired in the Street Sanitation Department can reside outside the City. Local 264 represents city employees in the position of "truck driver. " This would include Mr.Deschenes. Article I of the collective bargaining agreement with A.F.S.C.M.E., Local 264 states: (D) Effective July 1, 1977, the following shall apply: 1. Any NEW employee must be a resident of the City of Buffalo at the time of examination and appointment AND must continue to be a resident throughout the lifetime of his employment. 2. Any PRESENT employee may continue residency outside the City of Buffalo and shall be eligible for any promotional examination and subsequent appointment. However, he must become a City resident within six (6) months of the date of the appointment or forfeit such appointment. 3. Any PRESENT employee who now resides in the City must continue City residence Pursuant to the language contained in the Local 264 agreement, Mr. Deschenes must reside in the City. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 50 Certificate of Appointment Appointment Effective April 1, 1996, in the Department of Law, Marianne Vara, 157 Norwalk Avenue, Buffalo, NY 14216 to the Position of Legal Stenographer, Permanent, at the Intermediate Starting Salary of $24,483. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 51 EAF- Delaware Park Baseball Diamond and Golf Green Improvements, SEQR Negative Declaration A Negative Declaration for the above-referenced project is hereby filed with your office in accordance with Section 617.12 of the New York State Environmental Quality Review Act. If you should have any questions. please contact me at Buffalo Division of Planning, Room 901 City Hall, Buffalo New York 14202, (716) 851-5083. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated April 11, 1996, be received and filed; and That a Negative Declaration for the above-referenced project is hereby filed in accordance with Section 617.12 of the New York State Environmental Quality Review Act. ADOPTED. No. 52 Invite Revisions to City Tree Ordinance Item #165 CCP April 2, 1996 Your Honorable Body has asked for a review and report from the Environmental Management Commission on the City Tree ordinance, and it has asked for comments and suggestions from the office for the Environment regarding enforcement of the relevant sections of the ordinances. In its staff role to the Commission, the office will refer the Council's request to the Commission. The Commission is on record as to the importance of trees in the urban setting, the need for assistance to City government on tree issues, and the potential positive utility of a strengthened Tree Ordinance and enforcement mechanisms. The Commission is likely to welcome the Council's request to focus and report on Tree Ordinance issues. The Environment Office, for its part, is pleased to have worked with relevant entities to establish, pursuant to the Ordinance elements, the City Tree Fund. The Fund is now available for use by the Permits Office when applicants for building permits may be required by the law to make contributions for use by the Parks Department when funds may be available for withdrawal. The Office would suggest that the Department of Law be queried with regard to possible changes. From its experience, the office suggests that the Ordinance could be made more usefully protective of the City's tree stock and supportive of necessary building activities by : 1) Modifying the requirement (Section 103-4 D) that all trees over four feet be replaced, and moving toward criteria focusing on trunk diameter and, perhaps, species; 2) Clarifying whether it is the intention (Section 421-9 m) to require the very substantial replacement value for any fully mature tree which is removed. Support for tree issues is a priority of the Environmental Office and it would be pleased to cooperate as possible in this regard. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 53 Report of Bids Massachusetts Avenue Playground Improvements As authorized by Your Honorable Body in Item No. 61, C.C.P. March 8, 1994, plans and specifications were prepared and sealed proposals opened by the Department of Community Development for Massachusetts Avenue Playground Improvements. I submit the following report of all bids that were received and publicly opened on March 29, 1996: BIDDER BASE BID ADD ALT. NO.1 Miller Enterprises $13,400 $1,250 584 Taunton Place Buffalo, New York 14216 Armor Fence Co. of W.N.Y., Inc. $14,741 $636 4789 Bussendorfer Road Orchard Park, N Y 14127 Gleason's Nursery, Inc $18,331 $2,366 4780 Sheridan Drive Williamsville, N Y 14221 Johnstone Landscape Svc. $18,840 $2,200 2508 Stony Point Road Grand Island, N Y 14072 Wilsandra Construction Co. $26,662 $2,662 300 Camden Avenue Buffalo, New York 14216 Designer's Estimate $21,000 The proceeding is a true and correct abstract of all bids received and Miller Enterprises is the lowest responsible bidder. Funds for this project are available in Community Development Capital Project Account 200-717-069. I, therefore, recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work by Miller Enterprises, 584 Taunton Place, Buffalo, New York 14216, in the base bid amount of $13,400 plus add alternate No.1 in the amount of $1,250, for a total contract award of $14,650. Add alternate No.1 will provide an additional 87 feet of landscaped planter rail. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated April 1, 1996, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for Massachusetts Avenue Playground Improvements, to Miller Enterprises in the base amount of $13,400 plus alternate No. 1 in the amount of $1,250, for a total contract award of $14,650, the lowest responsible bidder. Funds for this project are available in Community Development Capital Project Account 200-717-069. PASSED. AYES - 13 NOES - 0 No. 54 Draft Consolidated Plan The Department of Community Development, Planning Division, respectfully submits the Draft Consolidated Plan. The draft plan will form the basis of the comprehensive master plan for the City of Buffalo. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF STREETS No. 55 Request Permission to Trade Two Leaf Blowers For Hydraulic Patrol Wing Plow This past summer, the Street Sanitation Department ran a vehicle auction to dispose of old, unused, or obsolete equipment. There are two leaf blowers #388 & #389, both 1992 Giant model TM-68 , that we have tried to dispose of through auctions and never were offered more than $2000. each. The price offered was too low to consider, so we pulled them out and kept them. I have been in contact with an equipment vendor, Mark Kough, from Robert's Equipment and have agreed upon a trade-in of these leaf blowers for the purchase of a fully hydraulic patrol wing plow, to be installed on one of our 1996 Volvo dump trucks. This truck is now being fitted for a plow hitch and dump body at Robert's Equipment, and can be immediately equipped with this new wing plow when approved. We will need Common Council approval to outfit our department with one wing plow at no cost to the City. The cost of this plow purchase and installation is approximately $9000., but the trade will take care of that. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 56 Request Permission to Trade Parts To Repair Our Cat Loader #502 I would like to request Council approval for the repair of a blown transmission in our Cat Loader #502, a 1987 IT-28 by using another 1986 Cat Loader #830, with transmission and body repairs needed, to trade into Syracuse Supply as the payment for replacement of parts needed to return 4502 to service. This trade of equipment for service would cost the City nothing and in addition, our department would receive a $2,3 15.00 parts and/or service credit. I also plan to use the credit to have an engine rebuilt, before we need a major repair thus keeping another loader in service longer. Our present fleet of loaders are all at least ten years old and in desperate need of major repairs or rebuilding, due to the severe service we put them through. I would also like approval for the trade in of two Little-Giant leaf blowers. The department has never been satisfied with our leaf pick-up operations. These units would be traded for the purchase and installation of a fully hydraulic Patrol-Wing plow from Roberts Equipment. ITEMS FOR TRADE: 1) #830-1986 Catwheel loader vin: 2KC01144,Model lt-28, A-12375 minus a trans, bucket, alt, as is. 2) #388-1992 Giant leaf blower Model-TM-68 vin 90219244, C-18615 in excellent condition, as is. 3) #3899 - 1992 Giant leaf blower Model-TM-68 vin 90219245, C- 18614 in excellent condition, as is. I feel these proposed trades would greatly benefit this department at no cost to the City. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 57 Abatement of Various Outstanding invoices. That the honorable body abate the following invoices: 1. AROOOGCI - 1985 $18,500.00 2. AROOOGC2 - 1986 $24,250.00 3. AROOOGC3 - 1986 $18,637.40 4. AROOOGC4 - 1988 $22,300.00 5. AROOGC2A - 1988 $15,050.00 TOTAL: $98,737.40 These outstanding invoices were never placed on the Local Assessment Rolls. Referring to the attached letter sent by Bridget Carpino, Director of Collections, to Commissioner LoVallo, dated April 1, 1996, it was her understanding that the age of the invoices (8-11 years) precludes any action by the City to collect. The office staff responsible for placing these outstanding invoices on the Local Assessment Rolls, is no longer employed by the City of Buffalo. Therefore the current administration can not provide any conclusive evidence as to why these invoices still remain outstanding. Please refer to the attached letters of recourse: REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION No. 58 Cancellation of a Collection Agency Bond It is hereby certified that the following bond is hereby canceled as of February 12, 1996 for non-payment of premium. Bond Principal: Associated Adjustment Bureau By: National Grange Mutual Insurance Co. Bond Department Amount: $5,000.00 Bond#: S140167 Said bond described is hereby released and canceled as to future liability in accordance with the provisions of Section 47 of the Charter as amended. RECEIVED AND FILED. No. 59 Revert to City Bldg. & Fire Codes Item No. 203, C.C.P. 2/20/96 Based on a previous submission to the Common Council: No. 45, Withdrawal from the Uniform Fire Prevention and Building Code, Item No. 203, C.C.P., 2/20/96, Opinion No. 96-12 The City of Buffalo Law Department has concluded that, "The City of Buffalo is not authorized under the current law to withdraw from the State Code. As of 1984, withdrawal under the "old" Article 18 were repealed. Once a municipality adopts the State Code, it cannot "opt out" from its enforcement by the State. If the City of Buffalo chooses to withdraw from the State Code, it risks punishment. This punishment may include enforcement of the State Code by the Secretary of State or the County and possible legal or equitable relief by the State." What we believe must happen is the adoption of B.O.C.A. (which is the National Standard), the repeal of the State Building Code and the formation of a local Building Board of Appeals. It is further the opinion of this department that short of a repeal of the New York State Uniform Fire Prevention and Building Code, the any additional building codes (which must be used in with the New York State Uniform Fire Prevention and Building be detrimental. Introducing either additional, or even more restrictive rules and would only prove to further burden those wishing to conduct the City of Buffalo. We trust this will satisfy your inquiry. If you have any questions please feel free to contact this office. RECEIVED AND FILED. No. 60 Restaurant/Dancing Class III 3250 Bailey Avenue Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for Restaurant/Dancing Class III located at 3250 Bailey Avenue and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant Dancing Class III is being sought and according to the attached reports from the Fire Department and the Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Robert B. Williams. The report from the Police Department recommending approval is attached hereto for Robert B. Williams at 3250 Bailey Avenue. This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 61 Restaurant/Dancing Class III 391-393 Ellicott Street Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for Restaurant Dancing Class III located at 391-393 Ellicott Street and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant/Dancing Class III is being sought and according to the attached reports from the Fire Department and the Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Raphael C. Torres. The report from the Police Department recommending approval is attached hereto for Raphael c. Torres at 391-393 Ellicott Street. This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 62 Cost Estimate for Demolition of Memorial Auditorium Item No. 210, C.C.P. 3/5/96 In response to above stated Common Council communication I would like to supply your Honorable Body with the following response. As you are aware the Memorial Auditorium is owned and operated by the City of Buffalo. The City Department responsible for the maintenance and repairs of this structure is the Department of Public Works, Division of Buildings. We in the Department of Neighborhoods Housing and Inspections demolish buildings that are both a safety hazard and a detriment to their respective communities. Your Honorable Body is requesting an accurate estimate for the demolition of this structure. As this building falls under the jurisdiction of Public Works, we would like to defer to that department because of their constant dealings with this building. It is my sincere hope that this response satisfies your inquiry. RECEIVED AND FILED. No. 63 Report of Pre-Demolition Asbestos Removal for Various Locations 27 E. Balcom, etc Please be advised that Pre-Demolition Asbestos Removal bid offers were solicited by our department on March 29; 1996 and that the contract will be awarded to the following responsible bidders: ADDRESS AND OWNER CONTRACTOR/AMOUNT BID 27 E. Balcom Georgian Bay Contracting Niagara Frontier Transport. $2,898.00 Authority - 181 Ellicott St. Buffalo, New York 23 E. Balcom Georgian Bay Contracting Clara Griffin $3,175.00 23 E. Balcom Buffalo, New York 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 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. 64 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 29, 1996 and that the contract will be awarded to the following responsible bidders: ADDRESS AND OWNER CONTRACTOR/AMOUNT BID 393 Fulton Peerless Environmental Control City of Buffalo $890.00 Georgian Bay Contracting 357 Koons Rear only - City of Buffalo $1,900.00 31 Kilhoffer - City of Buffalo $2,700.00 65 Ruhland - City of Buffalo $3,750.00 Total Aggregate Bid $8,350.00 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 Project Fund #200-241-003-00000. REFERRED TO THE COMMITTEE ON FINANCE. No. 65 Report of Emergency Demolition Bid for 16-28 Emslie Due to the very serious and hazardous condition of the building located at the below-stated property, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on March 27, 1996 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR/ AMOUNT BID 16-28 Emslie Amirs 550 Seneca St. Ltd. $8,400.00 C/o Metro Scherrer Realty & Auctions 808 Borden Rd. Buffalo, New York 14227 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 in possession benefitted, under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE. No. 66 Report of Emergency Demolition Bids for 266 Laurel Due to the very serious and hazardous condition of the building 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 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 26, 1996 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR/AMOUNT BID 266 Laurel Lebis Enterprises John Gidney $9,500.00 308 Riley St. Buffalo, NY 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 in possession benefitted, under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE. No. 67 Report of Emergency Demolition Bid of 274 Laurel Due to the very serious and hazardous condition of the building located at the below-stated property, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on March 26, 1996 and the contracts will be awarded to the following lowest responsible bidder: ADDRESS AND OWNER CONTRACTOR/AMOUNT BID 274 Laurel Lebis Enterprises City of Buffalo $5,500.00 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. 68 Report of Emergency Demolition Bids-315 Peckham, etc. 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 25, 1996 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR/AMOUNT BID Youngs Auto & Housewrecking 315 Peckham - City of Buffalo $8,430.00 18 Reed City of Buffalo $4,140.00 191 Reed City of Buffalo $4,360.00 Total Aggregate Bid $16,930.00 Youngs Auto & Housewrecking 313 Rother - City of Buffalo $6,733.00 315 Rother - City of Buffalo $3,723.00 331 Rother - City of Buffalo $7,187.00 40 Kiefer - City of Buffalo $5,634.00 Total Aggregate Bid $23,277.00 Lebis Enterprises 37 Oberlin - City of Buffalo $4,200.00 49 Ruhland - City of Buffalo $4,800.00 65 Ruhland - City of Buffalo $4,400.00 Total Aggregate Bid $13,400.00 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. The above stated properties are owned by the City -of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE. No. 69 Correct Address Demolition Bids Re: 251 Walden Item 88, CCP, 9/5/95 This is in reference to CCP #68, 9/5/95 for the building located at 251 Walden which was submitted to your Honorable Body for your approval regarding the demolition. This department is requesting that the address be changed since the correct address of the building is 249 Walden not 251 Walden Avenue. Thank you for Your cooperation regarding this matter. Mrs. LoTempio moved: That the communication from the Department of Neighborhoods, Housing & Inspections, dated April 4, 1996, be received and filed; and That the Commissioner of Neighborhoods, Housing & Inspections be, and he hereby is, authorized to correct his records to read 251 Walden Avenue instead of 249 Walden as passed by the Common Council, Item No. 88, C.C.P., 9/5/95. PASSED. AYES - 13 NOES - 0 FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 70 SBCA-Prop. Lease - Cazenovia Ice Rink Item No. 81 C.C.P. 4/2/96 We have a number of questions/issues relating to the proposed lease, among them the following: 1. Labor concerns. The proposed lease states that SBCA "will hire at its sole discretion properly qualified individuals..." We are unsure whether this means the work would be performed by city employees who currently work at the rink, but would warn that to the extent it does not it would be considered subcontracting and may create labor problems. One idea would be to have SBCA use city employees and reimburse the city for their time. 2. Financial concerns. We can appreciate the idea of a self-supporting lease, but are concerned that this may fall short of being one. Utility costs would undoubtedly be significant and we are not sure that the proposal is for SBCA to pay all of them, given the language in paragraph 7. The proposal that money left at the end of the lease would be returned to the City is good, but we are unsure as to whether this is before or after the 15% administrative fee is paid to SBCA; again, given the possibility for high utility costs, we are not sure that there will be funds left over with any certainty. The agreement needs to be structured as much as possible to be self-supporting, but should address the situation where it is not in such a way that spreads the risk somewhat. 3. Capital costs. It is our understanding that the Commissioner of Public Works has expressed some concern about the ability of the existing cooling system to handle the extended season; in the event that the system could not, this would be a significant cost to the city and could cause other problems for the rink. We would be happy to meet with individuals from SBCA to work on this proposal. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 71 Inter-Municipal Aid Agreement Item No. 178, CCP.,4/2/96 We would welcome the assistance provided by any intermunicipal aid agreement, as its use would undoubtedly cut down on cost and would provide faster service for citizens in extraordinarily bad storms. The December 1995 storm cost the City of Buffalo at least $1.3 million in a year when we could least afford it. We would also surely do our part to assist others. Regional cooperation is never a bad thing. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 72 Collecting Overdue PILOTs Item No. 176 C.C.P. 4/2/96) Payments in lieu of taxes (PILOTs), for the most part, are paid on time and as negotiated. The City has improved its record of collecting PILOTs significantly over the last few years; we have budgeted for over $4 million in PILOT revenue this year. In general, PILOTs that remain unpaid for long periods of time indicate that a business or business venture is in serious trouble. That is the case with the majority of the money owed to the City; $552,000 of the delinquency is attributable to two companies, each of which, is in serious trouble and will be discussed below. With respect to the ten companies listed as delinquent on January 29, 1996, the current status is as follows: Pilots Paid The following PILOTs have been paid: Can American Packaging ($5,093) Dun Building partnership ($2,410); company is reappraising building value Harmac Industries ($15,374) GA Kayser & Sons ($2,654) Significantly Troubled Companies Two companies on the Est are in serious trouble; they are also the only two companies that have more than two years Pilots outstanding. A.C. Hamilton Company (owes $12,000) is in receivership. Prudential Bldg. Associates has defaulted on a bond and is in the process of being foreclosed upon. Unfortunately, Pilots do not constitute a lien against the property and thus would not be paid as the result of a foreclosure. The PILOT does continue to be a contractual obligation of Prudential Associates, and the City is pursuing (along with ECIDA) some level of payment. Remaining Companies The following is the status of the remaining companies: 876 Associates (owes $9,410): no response to communications Marlette Holding Company (owes $160,000): no response to communications. This is probably the most troubling company on the list, as it owes two years of payments and is not responding. ECIDA and the City will continue to follow up. Waterfront Associates (owes $50,963): this building has experienced cash flow problems as a result of EBM reducing its leased space; the situation should improve shortly, though and further problems paying PILOTs are not anticipated. I am encouraged by the Council's interest in these PILOTS. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION No. 73 "SBCA - Prop Lease -Caz Ice Rink" No. 81, C.C.P. April 2, 1996 After consultation with the Commissioner of Public Works, I would strongly urge that the lease agreement between the South Buffalo Community Association and the City of Buffalo be delayed until it can be determined whether the $125,000 capital expenditure for the rehabilitation of the Cazenovia (Burvid) rink compressors will be approved, and if approved, whether the rehabilitation work can be completed prior to August 19, 1996. Running ice making equipment in the warmer summer months adds further strain to the compressors which already were a continuing problem during this past winter ice skating season. More extensive repairs need to be made,, at the Riverside (Bakewell) ice rink and are estimated at $625,000. In a related matter, maintenance of Zamboni ice resurfacing machines have added to the workload and costs associated with the Parks Garage. These costs were not built into the Lafayette (North Buffalo) Ice Rink lease. The Department's reservations on passage of the lease should not be construed as a negative concerning the South Buffalo Community Association, or members of the Cazenovia Park Hockey Association. If the compressor issue can be resolved, I would urge passage of the lease. This item was referred by me to the Department of Public Works for their comments to the Council. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 74 Certificate of Appointment Appointment Effective April 1, 1996 in the Department of Human Services, Parks and Recreation, Division of Substance Abuse Services, Mary K. Adamski, 337 Bristol St., Buffalo 14208, to the Position of Typist, Permanent, at the Intermediate Starting Salary of $20,764. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF GENERAL SERVICES No. 75 Proposal - Cafeteria Operations Marriott Corporation The Purchase Division in conjunction with the Division of Buildings has solicited a proposal, from the Marriott Corporation to operate the cafeteria in the basement of City Hall. The Marriot's proposal is for a 10 year lease with a 10 year option, including a $20,000 investment to be made in year one. Given that the Request for Proposal for City of Buffalo Cafeteria Operations was responded to by the Marriott Corporation in good form, And, the Marriott Corporation will invest up to $20,000 in facilities improvement, And, the Marriott Corporation has been a successful partner with the City of Buffalo for almost 20 years, I recommend the Council approve and authorize the Department of General Services Purchase Division in tandem with Public Works and the Division of Buildings to enter into a 10 year contract with the Marriott Corporation to provide Cafeteria Services for the City of Buffalo. (Pertinent proposal information attached.) REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF GENERAL SERVICES. No. 76 Inventory: Memorial Auditorium Equipment In compliance with the City Charter SE265.7(g) the Department of General Services will assign the Assistant to the Commissioner to work with the Audit Department in establishing re-use and verifying items listed by the Memorial Auditorium for disposition. The Purchase Division has identified the re-use of some of the items listed in the filing. For example, The Parks Department could most definitely use the zamboni. Office equipment and furnishings are at a premium, especially Board Room chairs. Vehicles assigned to Memorial Auditorium can be re-assigned or auctioned (we currently list 8). Arena boards and glass could possibly be re-used in the new ice rink. I recommend that the Assistant to the Commissioner of General Services assist the Division of Stadium and Auditorium in compiling a complete inventory list. This will allow a compilation that will designate use, verify existence, identify re-sale potential and facilitate final disposition. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CIVIL SERVICE COMMISSION No. 77 J. Sniderhan-Verification of address Please be advised that John W. Sniderhan, Deputy Fire Commissioner, Buffalo Fire Department, has submitted verification of his address at 158 Cushing Place, Buffalo, New York 14220. Should you have any questions, please contact this office. Thank you. RECEIVED AND FILED. FROM THE ZONING BOARD OF APPEALS No. 78 Retroactive Longevity Payments The Division of Labor Relations has determined a new longevity date for myself (see attached). As a result, I wish to file a claim for retroactive longevity payment for the following fiscal years as per local 650 contract. FY 85-86 - $200 86-87 - 200 90-91 - 250 91-92 - 325 Thank you for your anticipated cooperation. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No. 79 Disposition of City Records The following departments have requested to dispose of City Records as indicated on the attached forms. Based on the information provided I have authorized the disposition of these records in my capacity as City Records Management Officer Dept. of Audit & Control-Accounts Payable Dept. of Police RECEIVED AND FILED. No. 80 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: Police- Carol Holloman, Theresa Morgan RECEIVED AND FILED. No. 81 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority City Planning Board RECEIVED AND FILED. No. 82 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF STADIUM & AUDITORIUM Appointment Effective April 1, 1996 in the Department of Stadium and Auditorium , Division of No. AmeriCare Park, Terrance Elliott, 56 Centennial Walk, Buffalo 14201 to the Position of Laborer Seasonal, at the Flat Starting Salary of $6.22. Appointment Effective April 10, 1996 in the Department of Stadium and Auditorium, Division of North AmeriCare Park, William Granville, 57 Hansen Avenue, Buffalo, 14220, to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22. Appointment Effective April 9, 1996 in the Department of Stadium and Auditorium, Division of North AmeriCare Park, to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22. Christopher Castiglia, 68 Ardmore Place, Buffalo, 14213 Willie Anderson, 115 Shumway Street, Buffalo, 14206 Kerry Kominiarek, 590 Windspear, Buffalo, 14215 Appointment Effective April 1, 1996 in the Department of Stadium and Auditorium, Division of North AmeriCare Park, to the Position of Senior First Class Stationary Engineer Temporary, at the Flat Starting Salary of $7.33. John LoTempio, 57 Wilbury Place, Buffalo, 14216 Gerald Lewandowski, 173 Eden Street, Buffalo, 14220 DEPARTMENT OF PUBLIC WORKS Appointment Effective April 1, 1996 in the Department of Public Works, Division of Engineering, to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22/hr. Clary V. Wilson III, 149 Harnpshire Street, Buffalo 14213 Richard P. Toczek, 139 Peter Street, Buffalo 14207 Bernard C. Scott, 32 St. James Place, Buffalo 14201 Appointment Effective April 1, 1996 in the Department of Public Works, Division of Engineering to the position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22/hour. Leonard S. Greco, 94 Bame, Buffalo 14215 Seth DeAnthony, 158 Colgate, Buffalo 14220 William S. Crapo, 574 Marilla, Buffalo 14220 DEPARTMENT OF STREET SANITATION Appointment Effective April 1, 1996 in the Department of Street Sanitation, to the Position of Seasonal Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr. Norman Ross, 17 Durham Avenue, Buffalo, New York 14215 Leonard Russell, 237 Humboldt Pkwy., Buffalo, NY 14208 Arthur V. Stachoski, 797 West Avenue, Buffalo, NY 14213 Francis Tobin 427 Fargo Avenue, Buffalo, NY 14213 James J. Tronolone, 6 Sandrock Road, Buffalo, N.Y. 14207 Nicholas J. Veltri, 343 Grant Street, Buffalo, NY 14213, Paul A. Ventola, 1012 West Avenue, Buffalo, NY 14213 Larry Battleson, 43 Robins Street, Buffalo, N.Y. 14220 Michael Catanzaro, 35 Lockwood Avenue, Buffalo, NY 14220 Robert R. Chimera, 406 Linden Avenue, Buffalo, N.Y. 14216 Richard E. Chmiel, Jr., 76 Vandalia St., Buffalo, NY 14204 William S. Coke, 18 Gibson Street, Buffalo, NY 14206 Eric L. Donalson, 291 Moselle Street, Buffalo, NY 14211 Howard J. Giomundo, 272 Baynes, Buffalo, New York 14213 Willis L. Jones, Jr., 30 Poultney Avenue, Buffalo NY 14215 Ronald Link, 75 Marion Street, Buffalo, New York 14207 Mark P. Lorenzo, 27 Sherwood Ave., Buffalo, NY 14213 Jeffrey J. Mathewson, 454 Breckenridge, Buffalo, NY 14213 Elizah Melton, 297 Mills Street, Buffalo, New York 14211 Richard T. Moore, 333 Mills Street, Buffalo NY 14211 Chymi O. Pickett, 114 Mercer Avenue, Buffalo, N.Y. 14214 Appointment Effective April 8, 1996 in the Department of Street Sanitation to the Position of Seasonal Laborer II, at the Flat Starting Salary of $6.92 hr. Matthew Cybulski, 90 Ideal Street, Buffalo, NY 14206 Collin Davis, 627 Broadway, Buffalo, New York 14212 Joseph Felton, 24 Hartwell Road, Buffalo, New York 14216 Irving L. Fowler, 208 Best Street, Buffalo, New York 14209 Charles Guagliano, 181 Congress Street, Buffalo, NY 14213 Gary M. Harris, 307 W.Delavan Avenue, Buffalo, NY 14213 Christopher Howells, 81 Bridgeman, Buffalo, NY 14206 Dennis M. Slomba, 190 O'Connell Ave., Buffalo, NY 14210 Michael J. Stachoski, 57 Fredro, Buffalo, NY 14206 Jules A. Stover, 371 Watson, Buffalo, NY 14206 Terrence J. Sullivan, 415 Smith St., Buffalo NY 14210 Charles E. Tinney, 22 Willowlawn, Buffalo, NY 14214 John Thomas, 38 A Altruria St, Buffalo, NY 14220 Larry L. Walker, 635 Woodlawn Avenue, Buffalo, NY 14209 Ernest Watson, 32 Davis Street, Buffalo, NY 14204 Frank J. Zorechak, 136 Lafayette Ave, Buffalo, NY 14213 Shannon Long, 134 Ramsdell Avenue, Buffalo, New York 14216 Charles Loubert, 906 Prospect Avenue, Buffalo, NY 14213 Oliver W. Lowe, 103 Welker, Buffalo, NY 14208 Gerald McClinton, 1912 Bailey, Buffalo, NY 14211 Samuel J. Manganello, 460 Rhode Island, Buffalo, NY 14213 Leonard J. Merlo, 330 Grant St., Buffalo, NY 14213 John N. Scardino, 47 Coburg St., Buffalo, NY 14216 Peter J. Aramini, 351 Gold, Buffalo, NY 14206 Louis M. Arroyo, 163 Fargo Avenue, Buffalo, NY 14201 Mark Baker, 302 Leroy, Buffalo, NY 14214 Stephen T. Banko, 135 Harding Avenue, Buffalo, NY 14220 Charles T. Cirringione, 62 Alden Avenue, Buffalo, NY 14216 Russell Cottone, 56 Manchester Place, Buffalo, NY 14213 Walter Cromer, 37 Burgard Place, Buffalo, NY DEPARTMENT OF HUMAN RESOURCES, PARKS & RECREATION Appointment Effective April 1,1996 in the Department of Human Services, Division of Parks, to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $ 6.92 Mike Ester, 91 E. Delavan, Buffalo 14215 Daniel Gant, 51 Brunswick Blvd, Buffalo 14208 John Kregg, 443 Linwood, Buffalo 14209 Jose Medero, 322 Plymouth, Buffalo 14213 Willie Simmons, 81 Waverly, Buffalo 14208 Joseph Thompson, 140 Deerfield, Buffalo 14215 Judith Zaccagnino, 178 Fenton, Buffalo 14206 Appointment Effective April 10, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth to the Position of Attendant, Temporary, at the Flat Starting Salary of $4.42 p / h Delane Chavers, 48 Laurel, Buffalo 14209 Kendell Burwell, 268 Rodney, Buffalo 14214 Appointment Effective April 10, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth, Jamal Harris, 482 Norfolk, Buffalo 14215, to the Position of Lifeguard, Seasonal, at the Flat Starting Salary of $5.20 p/h. Appointment Effective April 11, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth, Dennis Sanders, 40 Fosdick, Buffalo 14209, to the Position of Lifeguard Seasonal at the Flat Starting Salary of $5.20 p/h. Appointment Effective April 10, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth, Irma Cole, 201 East Amherst, Buffalo 14214, to the Position of Supervisor Temporary, at the Flat Starting Salary of $5 .20 p/h. DEPARTMENT OF GENERAL SERVICES Appointment Effective April 8, 1996 in the Department of General Services, Division of Inventory & Stores, Roderick P. Brown, 247 Dewey Ave., Buffalo NY 14214 to the Position of laborer II, Seasonal, at the Flat Starting Salary of $6.92. No. 83 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 April 8, 1996 in the Department of Public Works, Division of Water, Paul Tatu, 316 Bedford Street, Buffalo 14216 to the Position of Machine Operator, Temporary, at the minimum salary of $22,500. DEPARTMENT OF POLICE Appointment Effective August 6, 1995 in the Department of Police, Kate Galley, 34 North Ryan Street, Buffalo, New York 14210, to the Position of Senior Cellblock Attendant Provisional, at the Minimum Starting Salary of $ 24,405. Appointment Effective February 3, 1996 in the Department of Police, Arthur Burgin, 25 Midway Avenue, Buffalo, New York 14215, to the Position of Cellblock Attendant, Permanent, at the Minimum Starting Salary of $ 22,266. Appointment Effective March 6, 1996 in the Department of Police, Michael J. Drewniak, 125 Howell Street, Buffalo, New York 14207, to the Position of Cellblock Attendant Permanent, at the Minimum Starting Salary of $22,266. Appointment Effective April 8, 1996 in the Department of Police, Laurie A. Piazza, 499 Crescent Avenue, Buffalo, New York 14214, to the Position of Report Technician, Provisional, at the Minimum Starting Salary of $ 21,126. Appointment Effective April 8, 1996 in the Department of Police, Kathleen J. Hoffman. 58 Belmont Street, Buffalo, New York 14207, to the Position of Report Technician, Temporary, at the Minimum Starting Salary of $ 21,126. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 84 B. C. A. M. Info-New Community Outreach Initiatives Buffalo Cable Access Media (BCAM) is celebrating its fifth year of existence as the public access provider for Buffalo residents and Western New York Organizations. During this time, BCAM has successfully proven that we can manage, operate, and provide access services on a fair and impartial bases. We also realize that we have had to overcome some very challenging situations. Enclosed is a brief outline of BCAM's New Community Outreach Initiatives. We have already began laying the foundation for a powerful new bridge connecting BCAM's unique training and technology to our city schools, city government, and the Buffalo community at large. BCAM recognizes the right of every resident in the community to practice free speech using public access television as the vehicle for expression of that freedom. But, this alone is not enough to ensure a healthy democracy. A well informed, active, involved community makes more responsible decisions. As we continue to maintain and provide our current level of services offered to the Buffalo community, our new outreach initiatives have begun to concentrate on developing informative programming which will either be constructed or produced by BCAM. Here are some examples: Teen summit - held at Council Chambers African American Male Summit - Buffalo Traditional High School Housing Opportunities Made Equal, Inc. - BCAM Studio Goals 2000 - Downlink to BCAM Studio (national program) As we approach the end of our fiscal year, our financial situation allows us only to utilize the resources currently available. However, we are confident that by implementing this new structure, future resources will be unveiled to help BCAM step into the forefront of enhancing, informing, and educating our city at large in the new informational age of technology. BCAM is confident you will share our excitement and enthusiasm in accomplishing the goals of our new Community Outreach Initiatives. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS. No. 85 BEDC Financial Statements Pursuant to the Charter and Ordinances of the City of Buffalo, Article IV - City Development Agencies - Section 6-23, we are hereby submitting four (4) copies of an audited financial statement for The Buffalo Enterprise Development Corporation for the year ending May 31, 1995. REFERRED TO THE COMMITTEE ON FINANCE. No. 86 THOMAS H. BURTON Officers Bowen and Walters - Inside Duty Or Adm. Leave Delivered herewith please find my recent correspondence on behalf of the PBA to Commissioner Kerlikowske. Your suggestions this morning when we discussed this matter publicly were helpful and I believe we have resolved the situation without the need of formal Council action. You should note Commissioner Kerlikowske has been responsive and sensitive to the concerns we discussed. The PBA has agreed to this as a temporary measure which is appropriate pending the District Attorney's investigation into this incident. Please contact me should you have any questions. I trust this is helpful. Thank you. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 87 J. DECASTRO, JR. LaSalle Park - Sea Plane Launching Ramp I write to urge you to promote the reopening and renovation of the launching ramp at the south end of LaSalle Park. Historically, a Sea Plane Ramp was erected in the 1920's or 1930's. The idea was to provide a place in the Buffalo Harbor which could accommodate sea plane commercial air traffic, as I understand it. The venture was not successful and the ramp was left where it was built. There is a very large parking lot to the east of the ramp which was part of the facility. For years West Side fishermen brought their boats and trailers here to launch them, go fishing, and return, putting their boats back on their trailers and departing. This allowed people of modest means to enjoy the river and the lake and the free use of the ramp. Others, like myself, took our water dogs there for a swim. Water spaniels and labrador retrievers loved it. But then one day, the prior administration and it's Parks Department Commissioner came down and erected steel barriers to keep the people out. The ramp needs some small amount of repair on its sides where some of the rebar sticks up where the concrete has deteriorated. Councilpersons Bonnie K. Lockwood and David A. Franczyk are now promoting three parcels along the Buffalo River for conversion into parks. I enclose a copy of an article written by Mike Vogel in the Buffalo News on January 15, 1996 which describes the new parks. It would be appreciated if you could get this facility restored, renovated and reopened. Thank you for your cooperation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 88 DEVELOPMENT DOWNTOWN, INC Re-Use of Memorial Auditorium Thank you for forwarding Mr. Pitts' resolution about studying the re-use of the Memorial Auditorium as a Children's Museum. As you may be aware, DDI is currently conducting a study of the Downtown Waterfront, including the Memorial Auditorium. The Mayor's vision is to create an entertainment and sports district with a series of attractions that brings people downtown year round. One of the concepts for the Auditorium is to create a family entertainment center. A Children's Museum would clearly be a nice fit. As noted in the enclosed letter from an Amherst resident to the Mayor, suburbanites will indeed come downtown. For your convenience, I have also enclosed my response, which includes a reference to Mr. Pitts' Council resolution. One of the challenges is the condition of the Auditorium. To get the facts, we are undertaking a preliminary engineering review which should be complete in ninety (90) days. Meanwhile, Mr. Pitts' resolution will be forwarded to our Waterfront Planning Team. Please keep me appraised of any additional information you may assemble. REFERRED TO THE COMMITTEE ON COMMUNITY OF DEVELOPMENT. No. 89 FRIENDSHIP MISSIONARY BAPTIST CHURCH Access Town Gardens Plaza We need your support in order that Towne Gardens Plaza be made more accessible. The island an William Street from Jefferson Avenue to Spring Street needs a turn and access lane. The residents of Towne Gardens and the home owners on the south side of Williams Street from Hickory to Pine Streets also need a turn and access lane in the island on William Street. Residents who are heading home from Jefferson Avenue must drive to Pine Street and make a U--turn to gain access to their apartments or homes. Those who wish to drive north (or west) must drive to Hickory, turn right (South) to Clinton or drive to Jefferson Avenue. No left turns are permitted at either Hickory or Spring Streets. We would also request your support of a resolution to incorporate the north side of Williams street from Michigan to Madison for commercial development in the existing Urban Renewal Development Plan. The lots (on William) from Walnut to Milnor Streets have been Bet aside for new housing. Development in this area has come a long way with your support, and we are confident we can count on you to Help us in the endeavor. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 90 LANGSTON HUGHES INST. Request Signal-High/Washington In my capacity as consultant to the Langston Hughes Institute, I am appealing to you to consider a "Pedestrian Safety Measure" which is needed at the intersection of High and Washington Streets. The flow of vehicular and pedestrian traffic has increase dramatically, especially between 3:00 pm and 8:00 pm Monday thru Friday, and on Saturdays, 10:00 am- 2:00 pm. Perhaps the Department of Public Works might devise a crosswalk with flashing yellow signal overhead. We all want to avert any tragedies in this location, and your assistance in this matter is critical. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS. No. 91 P. MESCHES Donate 1194 West Ave. To City After a conversation with officer Berry from precinct 5 I have decided to donate my property located at 1194 West Ave to the city of Buffalo for civic use. I have been told it will be used to construct a play ground and or garden park like area. The property is a now a vacant lot. Please advise me as to your feelings concerning this matter. RECEIVED AND FILED. No. 92 TCI Insurance Certificate Per our new franchise agreement please find enclosed a (1) Certificate of Insurance and (2) a Guarantee in Lieu of Bond. If you have questions or concerns with either document, please contact me or Arthur Nephew of our office. Thank you. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS. PETITIONS No. 93 Coronation of the Blessed Virgin Mary R.C. Church, petitioner, petition to use 348 Dewitt for a Halfway Hse. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 94 Kala Chima, agent and R. Chainani, owner, petition to use 494 Elmwood for a sit in restaurant with outdoor cafe. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 95 P. Vogel, agent, and Joseph and Marie Morreale, owners, petition to use 1472 Hertel for a sit-in restaurant with outdoor patio. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 96 Laura Collins and others-Rescind Parking Restrictions-Virginia Place REFERRED TO THE COMMITTEE ON LEGISLATION. REGULAR COMMITTEES CIVIL SERVICE HON. DAVID CZAJKA CHAIRMAN No. 97 Appointment - Principal Engineer (Item No. 30, C.C.P., Apr. 2, 1996) That the Commissioner of Public Works be, and he hereby is authorized to appoint an applicant to the position of Principal Engineer at the maximum salary of $51,377.00. ADOPTED. No. 98 Appointment Motor Equipment Mechanic That Communication 46 April 2, 1996 be received and filed and the Permanent appointment of Paul A. Larkin stated above at the maximum salary $27,486 effective on March 26, 1996 is hereby approved. PASSED. AYES- 13 NOES - 0 No. 99 Appointment Parking Meter Mechanic That Communication 62 April 2, 1996 be approved and the Temporary appointment of Ted Kniazuk stated above at the intermediate salary $23,586 effective on March 25, 1996 is hereby approved. PASSED. AYES- 13 NOES - 0 No. 100 Appointment Reimbursement Specialist That Communication 64 April 2, 1996 be approved and the Temporary appointment of Ndidi H. Nwabugwu stated above at the Intermediate salary $23,380 effective on March 25, 1996 is hereby approved. PASSED. AYES- 13 NOES - 0 No. 101 Notices of Appt.-Temp/Prov/Perm. (CClk) (Item # 74 CCP April 2, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID FRANCZYK CHAIRMAN No. 102 W. Pope - Prop. Employee Income Tax (Item # 115 CCP February 20, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 103 Waiver Restricted Use Permit Fee - 117 Hamlin Park (Item No. 63, C.C.P.. Mar. 5, 1996) That the Commissioner of Neighborhoods, Housing and Inspections be, and he hereby is authorized to grant an exemption from the restricted use permit in the amount of $250.00 to Mr. Landen McCall of 117 Hamlin Park. PASSED. AYES- 13 NOES - 0 No. 104 Info. Waive Use Permit Fee-117 Hamlin (Item # 37 CCP April 2, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 105 Rpt. of Audit-Treasury (Compt)(#4,1/9) (Item # 106 CCP March 5, 1996) That the above mentioned Item be and the same is hereby received and filed. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. No. 106 Perf. Audit - Treas. (A&F) (Item # 59 CCP April 2, 1996) That the above mentioned Item be and the same is hereby received and filed. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. No. 107 Children's Museum (Item # 42 CCP April 2, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 108 Abatement of Invoices for the Cutting of Vacant Lots (Item No. 45, C.C.P., Apr. 2, 1996) That the Common Council approves the cancellation of grass cutting charges in a total of $9,819.23 for 1996 at the locations as listed in the above communication; and That the Common Council requests the Commissioner of Assessment to remove the charges from the assessment rolls and the Commissioner of Street Sanitation to correct his records to indicate the removal of these charges. PASSED. AYES- 13 NOES - 0 No. 109 Emergency Demolition - 6 Frederick, etc (Item No. 50, C.C.P., Apr. 2, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to J. Martin at a cost of $5,000.00, relating to 6 Frederick; at a cost of $7,000.00, relating to 1273 Fillmore at a cost of $3,000.00, relating to 1291-93 Fillmore; at a cost of $750.00, relating to 180 Fougeron - Garage Only; to Battaglia Concrete Construction at a cost of $5,700.00, relating to 853 East Ferry; at a cost of $4,300.00, relating to 186 Schuele- to Cedar Wrecking at a cost of $4,400.00, relating to 231 Moselle; at a cost of $5,200.00, relating to 337 Moselle; at a cost of $1,000.00, relating to 272 French - Garage Only; at a cost of $4,600.00, relating to 329 Box-, are hereby confirmed, ratified and approved, with said cost to be charged against Capital Projects Fund #200-241,-003-00000. PASSED. AYES- 13 NOES - 0 No. 110 Emergency Demolition - 320 Purdy (Item No. 51, C.C.P., Apr. 2, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to Amirs Vision, Inc. at a cost of $6,800.00, relating to 320 Purdy, is hereby confirmed, ratified and approved, with said cost to be charged against to the Special Assessment Fund #500-000-002-00000. PASSED. AYES- 13 NOES - 0 No. 111 Pre-Demolition Asbestos Removal for Various Locations, 135 Chester, etc. (Item No. 52, C.C.P., Apr. 2, 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 $575.00, relating to 135 Chester; at a cost of $675.00, relating to 218 Chester; at a cost of $2,750.00, relating to 40 Eaton; at a cost of $2,875.00, relating to 370 Walnut; at a cost of $2,300.00, relating to 288 Madison; to Peerless Environmental Control, Inc. at a cost of $980.00, relating to 27 Marshall; at a cost of $3,654.00, relating to 174 Winslow; are hereby confirmed, ratified and approved, with said cost to be charged against Capital Projects Fund #200-241-003-00000. PASSED. AYES- 13 NOES - 0 No. 112 Pre-Demolition Asbestos Removal for Various Locations, 25 Kiefer, etc. (Item No. 53, C.C.P., Apr. 2, 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 $2,875. 00, relating to 20 Kiefer; at a cost of $2,200. 00, relating to 1 14 Walden; at a cost of $3,535.00, relating to 155 Sobieski; are hereby confirmed, ratified and approved, with said cost to 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 of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter113 of the Code of the City of Buffalo. PASSED. AYES- 13 NOES - 0 No. 113 Erie Co. Qual.Comn-Bflo.River Watershed Sign (Item # 77 CCP April 2, 1992) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 114 Downtown Vending District Policies (Item No. 188, C.C.P., Apr. 2, 1996) 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 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. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 115 Buffalo Hearing & Speech Center - Petition to use 50 North Street - Pole Sign (Item No. 83, C.C.P., Apr. 2, 1996) That after a public hearing before the Committee on Legislation on April 9, 1996, the petition of Buffalo Hearing & Speech Center, for permission to use 50 North Street for a pole sign be, and hereby is approved. PASSED. AYES- 13 NOES - 0 No. 116 Use 575 Ohio (C.P. Bd.) (Item # 6 CCP April 2, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 117 Revert to City Bldg. & Fire Codes (Item # 203 CCP February 20, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 118 Re-establish Local Bldg. Codes (Item # 227 CCP February 20, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 119 Local Bldg. Codes (PW) (Item # 30 CCP March 5, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 120 Info-Uniform Bldg/Fire Prev. Code (Item # 45 CCP March 19, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 121 Revert to City Bldg./Fire Code (NHI) (Item # 54 CCP April 2, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 122 Process for Install Stop Signs (Item # 226 CCP February 20, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 123 NYSDOT - Process for Install. Stop Signs (Item # 91 CCP March 19, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 124 Define Process for Install Stop Signs (PW) (Item # 29 CCP April 2, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 125 Not. Ser. 8630-8632 (PW) (#8633-only Tabled) (Item # 20 CCP March 19, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 126 Notification Serials #8634-8637 No Standing - Install on Michigan Avenue, etc. (Item No. 17, C.C.P., Apr. 2, 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 No. 8634; and that the Notification Serial Nos. 8635-8637, are received and filed. ADOPTED. No. 127 Rpt. Substance Abuse Policies (Item # 174 CCP March 5, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 128 Info-Substance Abuse Polices (Pol) (Item # 39 CCP March 19, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 129 Info-Substance Abuse Polices (Fire) (Item # 41 CCP March 19, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 130 Ordinance Amendment - Chapter 479 Traffic Ordinances - No Stopping (Item No. 21, C.C.P., Mar. 19, 1996) That the Traffic Engineer be, and he hereby is authorized to add the amendments to the Traffic Ordinances of the City of Buffalo (Chapter 479), as more fully described in the above communication. PASSED. AYES- 13 NOES - 0 No. 131 Polish Am Congress-Opp Renaming Makowski Ch Ctr (Item # 95 CCP March 19, 1996) That the above mentioned Item be and the same is hereby referred to the Education Committee. ADOPTED No. 132 Comm Act.Ctr.-Req. Chg. Name Makowski. Ctr. (Item # 99 CCP March 1.9, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 133 Comm Act.Ctr.-Info. Renaming Makowski Ctr. (Item # 76 CCP April 2, 1996) That the above mentioned Item be and the same is hereby referred to the Education Committee. ADOPTED No. 134 Ordinance Amendment - Chapter 483 Vending Machines (Item No. 186, C.C.P., Mar. 19, 1996) That the Ordinance Amendment as contained in Item No. 186, C.C.P., March 19, 1996, be and the same hereby is approved. PASSED. AYES- 13 NOES - 0 No. 135 Ordinance Amendment - Chapter 254 Junk Dealers and Pawnbrokers (Item No. 187, C.C.P., Mar. 19, 1996) That the Ordinance Amendment as contained in Item No. 187, C.C.P., March 19, 1996, be and the same hereby is approved. PASSED. AYES- 13 NOES - 0 No. 136 Ordinance Amendment - Chapter 175 Fees (Chapter 254) (Item No. 188, C.C.P., Mar. 19, 1996) That the Ordinance Amendment as contained in Item No. 188, C.C.P., March 19, 1996, be and the same hereby is approved. PASSED. AYES- 13 NOES - 0 No. 137 Ordinance Amendment - Chapter 263 Licenses (Item No. 189, C.C.P., Mar. 19, 1996) That the Ordinance Amendment as contained in Item No. 189, C.C.P., March 19, 1996, be and the same hereby is approved. PASSED. AYES- 13 NOES - 0 No. 138 Ordinance Amendment - Chapter 175 Fees (Chapter 263) (Item No. 190, C.C.P., Mar. 19, 1996) That the Ordinance Amendment as contained in Item No. 190, C.C.P., March 19, 1996, be and the same hereby is approved. PASSED. AYES- 13 NOES - 0 No. 139 Ordinance Amendment - Chapter 175 (Chapter 413) Fees (Item No. 171, C.C.P., April 2, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola now moved: That the above item be received and filed. ADOPTED. AYES- BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS- 12 NOES- ZUCHLEWSKI- 1 No. 140 Appt. Mbrs. Bd. of Appeals (Item # 2 CCP April 2, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 141 Appt. Mbrs. Citizen Sal. Review (Item # 3 CCP April 2, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 142 Appt. Mbrs. Comm. for Disabled Persons (Item # 4 CCP April 2, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 143 Emergency Street Closure - Central Terminal across Curtis Street (Item No. 27, C.C.P., Apr. 2, 1996) That the City Engineer be, and he hereby is authorized to order an emergency road closure delineation and signage to be installed near the Central Terminal across Curtis Street. PASSED. AYES- 13 NOES - 0 No. 144 NYSDOT-Design Rpt,etc. - Delaware Ave. (Item # 79 CCP April 2, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 145 Permanent Encroachment - 555 Elmwood Avenue (Item No. 27, C.C.P., Mar. 5, 1996) (Item No. 143, C.C.P., Apr. 2, 1996) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Richard Naylon of Hetzel-Huntington Associates, owners of Jimmy Mac's Restaurant, located at 555 Elmwood Avenue, to permanently encroach city right-of-way at said address, with an existing glass and steel enclosed cafe, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the addition was installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the addition does not exceed sixty feet (60') in length or project more than twelve feet (1 2') from the building face into City right-of-way. 4. That the applicant be responsible for relocation of any underground utilities effected by the installation of said addition. 5. In the event that the Commissioner of Public Works determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, the Commissioner of Public Works may order the immediate removal of said encroachment as described in Chapter 413-67 (E) of the City Ordinances. 6. That, because the addition will remain within City right-of-way the entire year, as opposed to a seasonal cafe, the applicant be assessed an annual fee of five dollars ($5.00) per square foot of City right-of-way occupied by the encroachment as described in Chapter 413-67 (G) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a ten thousand dollar ($10,000) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said addition to the restaurant. PASSED. AYES- 13 NOES - 0 COMMUNITY DEVELOPMENT HON. DALE ZUCHLEWSKI CHAIRMAN No. 146 LDA - South Ellicott NDP- Colad Group M.J.Peterson/Forbes Housing Co. (Item No. 40, C.C.P. 4/2/96) That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Zuchlewski, the item is properly before the Common Council, and the hearing be opened. CARRIED. Appearances- Maria Scinta Mrs. LoTempio now moved that the hearing be closed. Seconded by Mrs. Williams. CARRIED. Mrs. LoTempio now moved: Whereas, the Buffalo Urban Renewal Agency has duly designated The Colad Group, 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. The Colad Group, Inc. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for a 2.24 Acre Parcel in the South Ellicott NDP.-NYR-20 Exchange near Smith. 2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to The Colad Group, Inc. and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES - 13 NOES - 0 No. 147 South Ellicott Phase 2 Renewal Plan Abandon Portion of Chicago Street (Item No. 26, C.C.P., Jan. 9, 1996) (Item No. 152, C.C.P., Jan. 23, 1996) That the Comptroller be, and he hereby is, authorized to abandon the portion of Chicago Street, on the south side of Exchange Street, that is necessary for the South Ellicott Urban Renewal Plan. PASSED. AYES- 13 NOES - 0 No. 148 Pkg. Policy Status Report (Item # 69 CCP February 6, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 149 Disclosure Statements-Dev.Co.Empl. (CC) (Item # 69 CCP February 20, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 150 National Guard Asst. for City (NHI) (Item # 87 CCP February 20, 1996) That the above mentioned Item be and the same is hereby received and filed. ADOPTED No. 151 Wegmans - Amherst Street Waiver (Item No. 43, C.C.P., Apr. 2, 1996) That Wegmans Food Markets, Inc., in relation to the development of its Amherst Street site, be authorized to construct a 8' high solid wooden board on board fence along the project's east property line where it abuts residences along Beaumaris Place; and to construct berming and landscaping along the Amherst Street frontage of the site in lieu of a solid wood fence or masonry wall; with the approval of the Common Council pursuant to Section 511.97 (A) (1). PASSED. AYES- 13 NOES - 0 COMMITTEE ON EDUCATION HON. BARBRA KAVANAUGH CHAIRMAN No. 152 Uniforms in Buffalo Public Schools (Item No. 202, C.C.P., September 5, 1995) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Ms. Kavanaugh moved: That the above item be and the same is received and filed. ADOPTED. No. 153 Update on School Uniforms (Item No. 189, C.C.P., March 5, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Ms. Kavanaugh moved: That the above item be and the same is received and filed. ADOPTED. No. 154 Update on School Uniforms (Item No. 65, C.C.P., April 2, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Ms. Kavanaugh moved: That the above item be and the same is received and filed. ADOPTED. No. 155 Update on School Uniforms (Item No. 66, C.C.P., April 2, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Ms. Kavanaugh moved: That the above item be and the same is received and filed. ADOPTED. RESOLUTIONS No. 156 By: Mr. Brown Regulation of Pay Telephones Whereas: Chapter 441 of the Code of the City of Buffalo, amended by the Common Council in 1995, regulates the placement of telephone facilities on streets, public grounds, and city right-of-way; and Whereas: This ordinance regulates the placement of any telephone facility with any portion or its enclosure located on or extending over the city right-of-way, or if the facility is set up so that it can be used by a person standing on the city right-of-way including streets, sidewalks and public grounds; and Whereas: This section stipulates that no telephone facilities be placed, operated or maintained unless the location is specifically approved by the Common Council; and Whereas: It also authorizes the Council to approve or deny such telephone facilities based upon the effect upon the public health, safety, aesthetics, or general welfare, and to mandate special features designed to reduce criminal activity; and Whereas: Subsequent to any approval, the Council may order the removal of a telephone facility if it is determined that its use has a deleterious impact on the surrounding community; and Whereas: The placement of a telephone facility can be a difficult issue, because the need for public telephones for emergencies and other legitimate purposes must be weighed against the possible use of these phones for criminal activity; and Whereas: There are also some complex legal questions involved, since the ordinance includes the regulation of telephones that may actually be located on private property; Now, Therefore Be It Resolved: That the Corporation Counsel submit a written report explaining how the recently amended telephone ordinance (Chapter 441) would effect the regulation of pay telephones on private as well as public property. ADOPTED. No. 157 By: Mr. Brown and Ms. Gray Amend Police Reorganization Plan to include District Station in Masten Council District Whereas: The existing plan for the reorganization of the Buffalo Police Department calls for the establishment of five (5) districts; and Whereas: Concerns have been raised about the absence of a district station in the Masten Council District, an area of the city with a high rate of calls for police service. In fact, a study performed by Dr. Henry L. Taylor, Jr., Director of the Center for Urban Studies at SUNY at Buffalo, reveals that the Masten District and its surrounding area has the highest level of violent crime in the city, with 1995 statistics indicating that Masten had twice as many homicides as any other Council District; and Whereas: Area residents have clearly expressed a desire to locate a district station within the Masten community, as evidenced through the filing of petitions with this Council containing over 2,000 signatures. While it has been stated that police buildings do not make people safe, the existing Precinct 12 in the Masten District has a well documented history of serving as a safe haven for area neglected youth and abused women, and a truly special bond between precinct officers and area residents has been formed, creating an atmosphere that might be favorably compared to a community or counseling center; and Whereas: Because of the fear that accompanies violent crime, the placement of a District Station within the Masten District would have a great symbolic value as well as addressing the contention of Dr. Taylor's study that Police District Stations are being relocated from areas of high violent crime to areas of low violent crime; and Whereas: While the Masten District has many pockets of stable neighborhoods with a rich history, the perception of unabated violent crime has caused real estate and business disinvestment in the district. An analysis of economic activity in Masten indicates that the district is poised to become a major site of positive development, and a new Police District Station would be a positive influence that could accelerate housing and business investment; and Whereas: The need for the placement of a new Police District Station within the Masten District is evident, and options to achieve this objective include placement of the fifth (5th) district station in Masten or to amend the reorganization plan to allow for the creation of a sixth (6th) Police District, thereby enabling police facility presence in areas of the city with high crime rates; Now, Therefore, Be It Resolved: That this Common Council request that the City Administration develop and implement a plan to locate the fifth (5th) district station in the Masten Council District; and Be it Further Resolved: That if it is not possible to locate the fifth (5th) station in Masten, the Mayor be requested to include a Capital Budget Appropriation for a sixth (6th) district station in his recommend budget for fiscal 1996-97, with the appropriate modifications to the existing reorganization plan prepared and submitted to this Council for review; and Be it Finally Resolved: That the Mayor, the Commissioner of Police, and the Commissioner of Administration and Finance file responses to this resolution prior to 2 PM on Thursday, April 25, 1996. REFERRED TO THE COMMITTEE ON POLICE REORGANIZATION. No. 158 By: Mr. Coppola Ordinance Amendment Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 103 of Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows: 103-12, building permits Fee For repairs or alterations to existing buildings or structures, the cost of which is more than [$500] $750 and not more than $1,000 $35.00 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 [ ] o be deleted; matter underlined is new. PASSED AYES - 13 NOES - 0 No. 159 By: Mr. Coppola Elect To Participate In Early Retirement Incentive Program (S6773; A9817) Whereas: The State of New York has enacted into law S.6773 and A-9817, "An act to provide a retirement incentive for certain public employees." Governor Pataki signed this law on March 29, 1996; and Whereas: The intent of the law is to reduce the workforce and minimize layoffs that would otherwise be necessary due to fiscal constraints. A participating employer, in order to take advantage of this incentive program, must, where appropriate, either (a) enact a local law or (b) adopt a resolution by the appropriate governing body; and Whereas: Generally, the bill establishes a flexible retirement incentive program for certain public employees who are serving in eligible titles and are either (a) otherwise eligible to retire, or (b) age 50 or older with ten or more years of service and not currently eligible to retire. All eligible employees who intend to participate in the program must provide written notice to their employer of their intention to participate 21 days prior to the end of the open period; and Whereas: Multiple window periods throughout fiscal year 1996-97 shall be provided, and each window shall not be greater than 90 days or less than 30 days. The effective retirement date may not be later than March 31, 1997, and employees must have been in active service as of February 1, 1996 and continue in service up to the commencement of the open period. However, the deadline for education employees is set at July 26, 1996 and their incentive can take effect no later than December 31, 1996; and Whereas: The incentive for eligible employees [a] is one-twelfth of a year of additional retirement service credit for each year of pension service credited as of the date of retirement, up to a maximum of three years of retirement service credit. The incentive for employees who are not otherwise eligible [b] is the same, however the benefit would be reduced based on the membership tier and the age or years of service of the affected employees; and Whereas: The legislation also requires that any position vacated by an employee receiving the retirement incentive, other than a position supported by Special Revenue Funds, must be eliminated. Exceptions to this rule include appointments, transfers, or reassignments to mitigate effects of layoffs or a reappointment in which the employer can demonstrate a savings of one-half of the total amount of base salary within a two year base period; and Whereas: Electing to participate in the retirement incentive program may prove to be beneficial to the City of Buffalo; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo request that the Commissioner of Administration and Finance, the Buffalo Board of Education and the Superintendent of Schools, any ancillary agencies whose employees are enrolled in the retirement systems eligible to participate (BURA, Sewer Authority, BMHA), and all city Unions (Crossing Guards, PBA, Local 282, Operating Engineers, Local 264, Local 650, Local 265 1, Local 18029, BTF, and Council 35 AFSCME-AFL/CIO) respond to the possibility of electing to participate in the early retirement incentive as passed by the State of New York- and Be it Further Resolved: That if, in fact, the fiscal and operational benefits to the city of Buffalo are favorable, this Common Council authorize the City's participation in the early retirement incentive program; and Be It Further Resolved: That the City Clerk certify passage of this resolution and forward copies to the above listed parties; and Be It Finally Resolved: That due to the time constraints involved in electing to participate in the program, each of the aforementioned parties file a response with this Council by 2 PM on Thursday, April 25, 1996. ADOPTED. No. 160 By: Mr. Franczyk Transfer of Funds Department of Audit and Control 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 $57,795 be and the same is hereby transferred from various accounts in the Department of Audit and Control and said sum is hereby reappropriated as set forth below: From: 100 - General Fund 04 - Department of Audit and Control 0 - Comptroller 001 - Comptroller 570 - Financial and Accounting Services $ 1,348 1 - Audit 001 - Audit Services 110 - Salaries, Regular $47,339 2 - Accounting 001 - Accounting 110 - Salaries, Regular $ 9,108 Total $57,795 To: 100 General Fund 04 - Department of Audit and Control 1 - Audit 001 - Audit Services 982 - Equipment & Furnishings $3,755 3 - Real Estate 002 - In Rem 225 - Water $2,000 434 - Small Tools $ 250 520 - Maintenance Contracts $ 70 583 - Unclassified $ 400 4 - Collections 001 - Collections 570 - Financial & Accounting Services $51,320 Total $57,795 PASSED. AYES - 13 NOES - 0 No. 161 By: Mr. Franczyk Transfer of Funds Common Council - Legislative 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 $44,910 be and the same is hereby transferred from the Common Council - Legislative and said sum is hereby reappropriated as set forth below: From: 100 General Fund 01- Common Council 0 - Legislative 001- Legislative 110 - Salaries, Regular $37,000 002 - Councilmember 2 110 - Salaries, Regular $ 2,100 003 - Councilmember 3 110 - Salaries, Regular $ 3,500 006 - Councilmember 6 302 - Transportation $ 1,000 305 - Meals & Lodging $ 1,000 306 - Registration Fees & Dues $ 310 Total $44,910 To: 100 General Fund 01- Common Council 0 - Legislative 001 - Legislative 112 - Temporary Services $ 4,410 003 - Councilmember 3 135 - Automobile Allowance $ 1,000 005 - Councilmember 5 135 - Automobile Allowance $ 1,000 010 - Councilmember 10 135 - Automobile Allowance $ 1,000 085 - Exempt Items 982 - Operating Equipment $28,500 40 - Public Works 2 - Division of Buildings 031 - Operation & Maintenance of Public Buildings 114 - Overtime $ 9,000 Total $44,910 PASSED. AYES - 13 NOES - 0 No. 162 By: Mr. Franczyk Capital Budget Amendment Addition to Capital Program 1995-96 That pursuant to section 359 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 1995-96 be and the same is hereby amended by adding the following item under the heading: 200 Capital Projects 402 Division of Buildings Fire House $600,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 163 By: Mr. Franczyk Capital Budget Amendment Addition to Capital Program 1995-96 That pursuant to section 359 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 1995-96 be and the same is hereby amended by adding the following item under the heading: 200 Capital Projects Demolitions $1,500,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 164 By: Mr. Franczyk Capital Budget Amendment Addition to Capital Program 1995-96 That pursuant to section 359 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 1995-96 be and the same is hereby amended by adding the following item under the heading: 200 Capital Projects Parking Ramp Repair $5,381,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 165 By: Mr. Franczyk Bond Resolution $1,000,000 Additional Bonds Police Precinct No. 13 Expansion-Bldg. Reconstr. Account 200-402-013 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,000,000 General Improvement Bonds of said City, in addition to the $1,400,000 General Improvement Bonds heretofore authorized, to finance the cost of partial reconstruction of and construction of additions to the existing Police Precinct No. 13 building at 669 Hertel Avenue to incorporate Precinct No. 17, at the estimated maximum cost of $2,400,000. 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 $1,000,000, in addition to the $1,400,000 General Improvement Bonds heretofore authorized, pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the partial reconstruction of and construction of additions to the existing Police Precinct No. 13 building, located at 669 Hertel Avenue, to incorporate Police Precinct No. 17. 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 Two Million Four Hundred Thousand Dollars ($2,400,000), 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, "Expansion of Police Precinct #1311, Bond Authorization Account No. 200-402-013, 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 $1,000,000. This resolution is a declaration of official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.12.(a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the 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 16, 1996 LAID ON THE TABLE. No. 166 By. Mr. Franczyk Ordinance Amendment Chapter 137 - Code Enforcement The Common Council of the City of Buffalo does hereby ordain as follows: That Section 137-6 of Chapter 137 of the Code of the City of Buffalo be amended to read as follows: Section 137-6 Methods of pleading and payment of fines. A. The provisions set forth in 307- 10 of Chapter 307 apply fully to violations of dog control laws and shall be considered as though fully set forth and restated in this section. B . Each day any violation of this Article occurs in the City of Buffalo shall constitute a separate offense. C. Penalties shall be added to the fine for late payment as follows: (a) eight (8) days after service of notice of violation is complete, the original fine will double; and (b) after default judgement is entered, the original fine will double again to the maximum amount. 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. 167 By Mr. Franczyk: Ordinance Amendment Chapter 137- Code Enforcement The Common Council of the City of Buffalo does hereby ordain as follows: That Section 137-7 of Chapter 137 of the Code of the City of Buffalo be amended to read as follows: Initial Additional Maximum Fine Penalty Penalty Total FINE CLASS J $500.00 $500.00 $500.00 $1500.00 * Dumpsters or similar large waste containers placed without permit -Chapter 413 - Section 4 * Dumpsters or similar large waste containers placed outside restrictions of permit - Chapter 413 - Section 4 * Obstructing the sidewalk or roadway without a permit - Chapter 413 - Section 37 Approved As To Form Edward Peace Corporation Counsel Note: matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 168 By: Mr. Franczyk Ordinance Amendment Chapter 413 -Streets and Sidewalks The Common Council of the City of Buffalo does hereby ordain as follows: That Section 413-37 of Chapter 413 of the Code of the City of Buffalo be amended to read as follows: 413-37. Temporary storage of materials and temporary structures in highways. B. It is further provided that the Commissioner of Public Works may issue a permit to any owner, contractor or person doing work on any premises or in the highway adjacent thereto, in case the proper performance of such work requires the use of a portion or all of the sidewalk space or a portion of the roadway up to one-third (1/3) of the width thereof in front of said premises, to use such portion or portions of the public highway for the construction of a temporary shed, overhead structure, sidewalk, fence, barrier or protective structure as the Commissioner of Public Works shall deem necessary. Such shed, structure, fence, etc., shall be promptly removed by and at the expense of the permittee when said work is finished or said temporary structure is no longer necessary. Any permit issued by the Commissioner of Public Works pursuant to this section shall be for a period not to exceed thirty (30) days, except that the Commissioner of Public Works may renew the same in his discretion. The fee for any such permit shall be fixed at the rate as provided in Chapter 175, Fees. No permit fee, however, shall be less than the minimum fee as provided in Chapter 175, Fees. The renewal fee shall be at the same rate. Failure to obtain my such permit shall result in a fine as provided in Chapter 137, Code Enforcement. Each day such temporary shed, overhead structure, fence, barrier or protective structure remains in a public sidewalk or roadway in the City of Buffalo without a permit shall constitute a separate offense. In the case, however, of work done by any sidewalk or roofing contractor in the regular course of his business, the Commissioner of Public Works may, in his discretion and upon payment of an annual fee as provided in Chapter 175, Fees, issue in lieu of such monthly permit an annual permit for the temporary storage of construction materials in any highway, in accordance with this section. Said contractor's permit shall expire on March 3 1 of each year following its issuance. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 169 By: Mr. Franczyk Ordinance Amendment Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 309 of Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows.- GOLF COURSES City Noncity Resident Resident Seniors and youths under 16 [$6.50] $6.00 $13.00 on Saturday. Sunday or holiday 18 holes on other days [$7.50] $7.00 [$11.50] $12.00 Seniors and youths under 16 $5.00 $10.00 on regular week days Twilight Rate $5.00 $7.00 (starts after 6:00 PM) Reserve tee time, per $50.00 $50.00 reserved house New York State Access Pass Free for Buffalo Residents; Non-residents pay the applicable rate. 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, PITTS, QUINTANA, WILLIAMS -12 NOES - ZUCHLEWSKI - 1 No. 170 By: Ms. Gray Create Citizen Review Panel on Police Brutality Whereas: Throughout the City of Buffalo residents are concerned with accusations of police brutality by the Buffalo Police Department; and Whereas: The residents are aware that the Buffalo Police Department's Office of Internal Affairs reviews complaints of police misconduct. The public generally views the Office of Internal Affairs as having an obvious conflict of interest; and Whereas: Citizens are demanding accountability from their police department which relies on residents, witnesses, and the victims of police abuse to come forward and file complaints; and Whereas: Realization of this problem has led many Civil Rights groups to call for the formation of a Citizen Review Board on police abuse; and Whereas: The Citizen Review Board should have investigative powers including the ability to conduct public hearings and be able to make policy recommendations to the Police Department and the Mayor; and Whereas: The Citizen's Review Board must reflect the diversity of our community; Now, Therefore, Be It Resolved: That the Buffalo Common Council create a Citizen Review Board on Police Brutality to be comprised of eleven appointees: one by each district councilmember, one appointee by the Mayor, and one appointee by the Commissioner of Police, R. Gil Kerlikowske; and Be It Finally Resolved: That the Citizen Review Board on Police Brutality be charged with establishing a forum by which residents will be able to air their grievances, with an impartial panel to investigate the complaint and file its recommendations with the Mayor, the Police Department, and the Common Council. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION. No. 171 By: Mrs. Gray Implementation of an Employee Income Tax Whereas: The City of Buffalo and the Buffalo Board on Education are facing serious budget deficits; and Whereas: It is time for all individuals working in the City to make sacrifices to close the projected budget deficits; and Whereas: Property taxes assessed to homeowners are grossly insufficient to finance City services and to properly fund education; and Whereas: The impact of higher taxes would cause a further flight of people from the City, therefore other ways to increase the City revenues, while keeping property taxes low, must be explored; and Whereas: The City is losing its population and its tax base to the neighboring suburbs, which reduces the annual tax base by hundreds of thousands of dollars; and Whereas: To restore equity among taxpaying citizens who are subsidizing the service provided to non-residents, the City of Buffalo should implement an employee income tax on the individuals who work within the City; and Whereas: Revenue derived from an employee income tax plan would be distributed to specific purposes, such as funding additional Police Officers, upgrading and expanding the police fleet. increasing the Educational Allocations to maximize the Magnet School Concept, Neighborhood Improvement Grants, enhancing the funding of Cultural Organizations and stabilizing the Youth Employment Market just to name a few; and Whereas: The employee tax income would levy taxes using a sliding scale basis. Rates would range from 1 1/2% for individuals earning less than $18,000 to 4 1/2 % for individuals earning more than $150,000; and Whereas: Implementation of an employee income tax is the most fair and equitable way to increase the declining tax base of the City. Now, Therefore, Be It Resolved That: This Common Council requests that the Department of Administration and Finance, the Comptroller, and the Corporation Counsel review this resolution and report back to this Council on the feasibility of implementing an Employee Income Tax on all individuals working with in the City; and Be It Further Resolved That: This report should be filed with the Common Council no later than Thursday, May 9,1996. Mrs. Gray made a motion to refer the above item to the Committee on Legislation, Commissioner of Administration and Finance, Comptroller, and Corporation Counsel. LOST. AYES- COPPOLA, FRANCZYK, GRAY - 3 NOES- BROWN, CZAJKA, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 10 No. 172 By: Ms. Gray, Mrs. Williamsand Mr. Brown Jefferson Renaissance Project Whereas: The Jefferson Avenue Commercial Urban Revitalization Area (CURA) was designated by the Common Council on July 11, 1978; and Whereas: It was determined that the area, generally comprising an 11 block area along Jefferson from Brunswick St. to Best St., experienced severe physical deterioration and losses of commercial activity," and that and a comprehensive and coordinated approach to revitalizing the area was needed; and Whereas: Jefferson CURA was established in order to help stabilize the neighborhood's tax base through an urban renewal strategy that would include the development of a new mall at Jefferson and Utica and various rehabilitation programs for existing businesses; and Whereas: Some primary objectives of the project were to remove blight and prevent its recurrence, to protect and conserve sound existing commercial buildings and facilities, and to promote the highest possible standards in building and environmental design; and Whereas: Through a land use plan, specific design and development objectives, the construction of public improvements, and the utilization of various city, state and county organizations, the CURA strategy was to serve as a comprehensive program which would alleviate the hopelessness and disenfranchisement that characterizes many inner city neighborhoods; and Whereas: Although some efforts were made to attain the goals of the Jefferson CURA project over the years, it is readily apparent that relatively little of substance has been done to accomplish those goals; and Whereas: Although it is 18 years old, the Jefferson CURA plan can still provide a general framework for efforts to revitalize Jefferson Avenue, providing that we demonstrate the resolve and commitment necessary to implement the policies, programs and projects that are essential to meet the stated objectives; and Whereas: As we seek to move this City forward, there should be a recognition that the revitalization of Jefferson Avenue would contribute immensely to Buffalo's spirit and vitality, economically, socially, and culturally; and Whereas: The renaissance of Jefferson Avenue would also send a powerful message to the community that we acknowledge and cherish the many diverse communities that make up Buffalo, and that no neighborhood will be overlooked in our attempt to reinvigorate and energize this City; and Whereas: An important element of such an undertaking would be the designation of an entity which would oversee and guide the effort, help provide a clear focus, and elicit community input; Now, Therefore Be It Resolved: That the Council President be requested to establish a "Jefferson Renaissance Task Force" to help foster the redevelopment of the Jefferson Avenue area; and Be It Further Resolved: That the task force be composed of elected representatives, governmental officials, community activists, business leaders, and others who are committed to the vision of the "Jefferson Renaissance;" and Be It Further Resolved: That the project area be the streets delineated in the Jefferson Avenue CURA Project, but with the southern boundary extended down to Swan St.; and Be It Finally Resolved: That this task force be charged with promoting policies and programs, encouraging private and public support, and attracting financial and technical resources, which would lead to the revitalization of Jefferson Avenue. REFERRED TO THE COUNCIL PRESIDENT. No. 173 By: Mr. Helfer Appointment of Tammy Bames-Tumbull, Legislative Assistant I hereby appoint Tammy Bames-Tumbull , 25 Weaver Street, Buffalo, New York, to the position of Legislative Assistant for the University District, effective April 8, 1996. ADOPTED. No. 174 By: Mr. Helfer Appointment of Lauren Rosa, Senior Legislative Assistant I hereby appoint Lauren Rosa, 415 Huntington Avenue, Buffalo, New York, to the position of Senior Legislative Assistant to the minority, effective April 1, 1996. ADOPTED. No. 175 By: Mr. Helfer Erect Banner Across Main Street - Campus Ministry Run Whereas: Catholic Campus Ministry at the University at Buffalo is sponsoring its First Annual 5K Run on Saturday, May 11, 1996; and Whereas: The run will begin at St. Joseph University Church, pass through the Main Street Campus and conclude at St. Joseph's Church; and Whereas: Organizers of the run request that they be allowed to hang a promotional banner across Main Street in front of St. Joseph Church, 3269 Main Street; Now, Therefore, Be It Resolved: That this Common Council grants permission to the event sponsors to erect a banner pursuant to the conditions set forth by the Commissioner of Public Works and the Corporation Counsel. PASSED. AYES - 13 NOES - 0 No. 176 By: Mr. Helfer Kensington-Bailey Police/Recreation Center Funds Transfer Whereas: The Common Council previously approved on January 9, 1996 a Department of Public Works change order request for winterization expenses for the construction of the Kensington-Bailey Police/Recreation Center, and Whereas: On April 11, 1996 BURA approved the funding transfer of the $101,000 from CDBG account # 94-01100 to Bond Account # 200-402-022, and Whereas: Common Council approval is required to authorize the transfer of CDBG funds into the bond account; Now, Therefore, Be It Finally Resolved: That this body approves the transfer of such funds for the winter construction costs for the project. PASSED. AYES - 13 NOES - 0 No. 177 By: Ms. Lockwood Payment of Certain Small Claims Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $1 00. 00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the subject claims are eligible for consideration under the said procedure-, and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof, Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law: 1. Rosemerry Brown Claim for refund of towing and storage fees for the release of a vehicle that was stolen. $ 82.00 2. Chojnacki, Cheryl Claim for damage to vehicle due to a previously reported hazardous condition on Vulcan Street near Kenmore Avenue. $ 75.60 3. CPF Metpath Labs, Inc. Claim for prior fiscal year Invoice #4BB8698902 for services rendered to Firefighter Vincent Woods who injured his back in the line of duty and required medical treatment. The employee has not returned to work. $ 5.04 4. Division of Water Claim for prior fiscal year Water Bill #17829600, Account #158501030 for services rendered to the Division of Real Estate for City owned property at 103 Wohlers. $ 74.94 5. Lancaster Stone Products Claim for prior fiscal year Invoices #34377 and #33785 for services rendered to the Department of Public Works, Division of Engineering. $ 45.00 6. Donna Norton Claim for damage to vehicle due to a previously reported hazardous condition on Vulcan Street. $ 47.36 7. John Ring, Jr., M.D. Claim for payment of a prior fiscal year invoice for services rendered to Police Officer Carl Bartkowiak who was injured in the line of duty and required medical treatment. The employee has retired. $ 46.22 8. Barbara A. Roche Claim for refund of interest paid on property and sewer taxes for property at 40 Cazenovia Street. An incorrect address was used in the mailing of tax bills for 40 Cazenovia Street. $ 88.14 9. University Head & Neck Surgery Claim for prior fiscal year invoice for services rendered to Police Officer Thomas Doctor who injured his eye in a struggle with a defendant in the line of duty. The employee has returned to work. $ 46.21 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES - 13 NOES - 0 No. 178 By Mrs. LoTempio Ordinance Amendment Section 137-7 Schedule of Fines and Penalties The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 137 Code Enforcement, Section 7 Schedule of Fines and Penalties of the Code of the City of Buffalo be amended to read as follows: Fine Initial Additional Maximum FEW CLASS B $30.00 $30.00 $30.00 $90.00 [*License or Permit required for Liquefied Petroleum Gas - Chapter 266 - Section 3] [*Height and Occupancy Limits on Frame Dwelling - Chapter 103 - Section 31] [*Storage of Combustible Materials - Chapter 103 - Section 42] [*Prohibited Uses - Chapter 103 - Section 551 [*Other Combustible Material - Chapter 263 - Section 8] [*Willfully Contributing to the Production of Fires - Chapter 103 - Section 39] [*Smoke Detectors - Chapter 395] Fine Initial Additional Maximum FINE CLASS C $52.50 $52.50 $52.50 $52.50 [*Tents - Chapter 263 - Section 21] [*Welding and Cutting Operations - Chapter 263 - Section 22] It is hereby certified, pursuant to Section 34 of the Charter of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary. Approved As to Form Edward Peace Corporation Counsel Note: Matter in [] to be deleted. PASSED. AYES - 13 NOES - 0 No. 179 By: Mrs. LoTempio Ordinance Amendment Chapter 263 -Licenses The Common Council of the City of Buffalo does hereby ordain as follows: That Section 263-12 of Chapter 263 of the Code of the City of Buffalo be amended to read as follows: F. On the date of installation and on each annual anniversary thereafter of the installation of each alarm system or device installed after September 1, 1993, and on or after September 1, 1993, on the annual anniversary of installation of each alarm system or device installed prior to September 1, 1993, each alarm-monitoring business shall, on behalf of the city, conduct the registration of each such individual alarm system or device located within the city, which such alarm-monitoring business monitors either directly or by a third-party[, and it shall be the obligation of each owner or operator of an individual alarm system or device to so registers. Such registration shall be accomplished by completing a multiple counterpart form supplied by the Director of Housing and Inspections which shall require such information as shall be specified by the Commissioner of Police and Commissioner of Fire. Such registration form shall include a unique registration number for each system. Such registration number shall be identified when the alarm-monitoring business or its agents or employees requests assistance by the City Police or Fire Departments by calling 911 or other public safety emergency response system as a result of an alarm being set off. Upon completion of the registration form with respect to any alarm system or device, the alarm-monitoring business shall transmit the appropriate counterparts to the city agencies as shall be specified on the form, and one (1) counterpart shall be delivered to the owner or operator of such alarm system or device and shall serve as evidence of registration. The fee for such registration shall be as set forth in Chapter 175, Fees, and shall be payable in advance by the alarm-monitoring business upon acquisition of the registration forms. Each such alarm monitoring business is herewith authorized to collect from each owner or operator of each duly registered alarm system or device the amount equal to such registration fee for each such system or device registered, provided, however, that in no event shall any such owner or operator be charged, directly or indirectly, more than the actual amount of such fee. G. Each failure to register or to Comply with the provisions of Subsection D hereof shall be a violation punishable by a fine of two hundred fifty dollars ($250.) for the first offense and a fine of five hundred dollars ($500.) for the second offense and each offense thereafter. For the purposes of the immediately preceding sentence, failure to register thirty (30) days after the city has notified, in writing, an alarm-monitoring business of such failure shall be deemed a second offense. Each failure of an alarm-monitoring business in to register, to conduct or to cooperate with such a registration or to otherwise comply with the requirements of Subsection F hereof thirty (30) days after the city has notified such alarm-monitoring business in writing shall be a violation punishable by a fine of fifty dollars ($50.) for the first offense, one hundred dollars ($100.) for the second offense and two hundred ($200.) for the third offense and each offense thereafter[, provided, however, that with respect to an owner or operator of an alarm system or device, the fine of fifty dollars ($50.) for the first such offense shall be abated upon presentation of evidence satisfactory to the city that such offense would not have occurred except for the failure of an alarm-monitoring business to comply with Subsection D or F hereof, and the alarm system or device which is the subject of such offense has been thereafter registered in full compliance with Subdivision E hereof by an alarm-monitoring business in full compliance with Subsection D hereof]. I. Excessive avoidable alarms. (3) The Department of Police and the Department of Fire shall regularly conduct an internal review of all avoidable alarm reports and the Commissioner of each such department shall designate members of their respective departments to collect such evidence and make recommendations and findings of facts concerning classification of avoidable alarms as excessive avoidable alarms. [The Commissioner of Fire and the Commissioner of Police shall make final determinations concerning such classifications, which determinations shall be reviewable only pursuant to Article 78 of the Civil Practice Law and Rules.] The Commissioner of Fire or Commissioner of Police shall certify to the Director of Housing and Inspections, the property addresses at which three (3) avoidable alarms or at which any excessive avoidable alarms have occurred within thirty (30) days of such occurrence. The Director of [Housing and Inspections Administrative Adjudication shall establish procedures whereby an alarm owner or owner of property monitored by an alarm system or device may present evidence as to why any such avoidable alarm should not be classified as an avoidable alarm. In order to challenge the classification of a avoidable alarm as an excessive avoidable alarm, an alarm owner or owner of property monitored by an alarm device or system must notify the [Commissioner of Fire or the Commissioner of Police,] Director of Administration Adjudication, in writing, within twenty (20) days after the date of notification to the alarm owner or owner of property monitored by an alarm device or system of the excessive avoidable alarms incurred during the preceding period, except that the first three (3) avoidable alarms may only be challenged within twenty within, (20) days of notification to an alarm owner or owner of property monitored by an alarm device or system of a fourth avoidable alarm deemed to be an excessive avoidable alarm during a permit year. The failure to give timely notice shall be deemed a waiver of the right to challenge the classification. The Director of Administrative Adjudication shall make final determinations concerning such classifications, which determinations shall be reviewable only pursuant to Article 78 of the Civil Practice Law and Rules. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets [] to be deleted; matter underlined is new. PASSED. AYES - 13 NOES - 0 No. 180 By: Mrs. LoTempio Ordinance Amendment Chapter 216 - Garbage, Rubbish and Refuse The Common Council of the City of Buffalo does hereby ordain as follows: That Section 216-14 of Chapter 216 of the Code of the City of Buffalo be amended to read as follows: 216-14. Placement of materials for collection; penalties for offenses. A. No person shall deposit or leave or cause or allow any of his subordinates, tenants or employees to deposit or leave in any public street or public place any dirt, ashes, rubbish, garbage, trash or other waste materials, unless the same are in proper receptacles, not more than twelve (12) hours prior to the time of the regular collection as [provided] set by the Commissioner of nor shall any person deposit or leave or cause or allow any of his subordinates, tenants or employees to deposit or leave in any public street or public place any dirt, ashes, rubbish, garbage, trash or other waste materials in excess of the amounts established by the Commissioner of Street Sanitation. B. The Commissioner of Street Sanitation shall have the power to regulate the amount of dirt, ashes, rubbish, garbage, trash or other waste materials left out for collection and may provide for the recovery of the cost of removing any such excess dirt, ashes, rubbish, garbage, trash or other waste materials left out for collection as provided in Chapter 175, Fees, of this Code. [B.] C. Any person violating the provisions of this section may be liable, in addition to the general penalties, to the penalties established in Chapter 137, Article I, of this Code. 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, COMMISSIONER OF STREETS SANITATION AND CORPORATION COUNSEL. No. 181 By: Mrs. LoTempio Ordinance Amendment Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 216 of Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows: Code Chapter Section, Type of Application, Permit or License Fee 216-14, Removal of excess materials $75.00 or actual cost of the work APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF STREET SANITATION, AND CORPORATION COUNSEL. No. 182 By: Mrs. LoTempio Request New York State Comptroller's Office To Conduct A $mart Review Whereas. Local governments should always be striving for the prosperity of their economies; and Whereas: While federal and state aid is consistently declining, and taxpayers continue to show understandable opposition to higher tax levies, it is becoming more paramount than ever for local governments to look for cost savings; and Whereas: The City of Buffalo is currently facing a $27 million dollar budget gap for the 1996-1997 fiscal year; and Whereas: The City is presently in the process of exploring ways to save money and consolidate operations without depleting the services provided to City taxpayers; and Whereas: All levels of government can now receive expert assistance without charge from the Office of New York State Comptroller, the Honorable H. Carl McCall; and Whereas: The services of the State Comptroller's staff are available to conduct $mart Reviews (State Comptroller's Municipal Advisory Review Teams) that seek ways to make governments operate more efficiently; and Whereas: Participation in the program is voluntary and performed at no cost to local governments; and Whereas: A $mart Review must be requested by the municipality's governing body; and Whereas: Local officials and the Office of the State Comptroller will work out an agreement on the areas to be reviewed and the principles to be used in evaluating activities; and Whereas: The State Comptroller's Office, with the assistance of the local government's personnel, will review specific, agreed upon areas to determine where revenue can be enhanced and costs controlled; and Whereas: The $mart Review program allows for an outside, impartial entity to review the proficiency and effectiveness of a local government's operations that officials believe need review; and Whereas: In addition to aiding local governments, $mart Reviews can benefit all of New York State and its' taxpayers; and Whereas: The $mart Review is designed to help municipalities operate more effectively on behalf of the taxpayers, who can only benefit from a more efficiently run local government; Now Therefore Be It Resolved That: On behalf of the taxpayers of the City of Buffalo, this Honorable Body request the Office of the New York State Comptroller, the Honorable H. Carl McCall to conduct a $mart Review of the City of Buffalo; and Be It Further Resolved: That the Office of the New York State Comptroller report back to this Common Council, at its' earliest possible convenience, upon receipt of the City's survey and application, on the feasibility of a $mart Review being performed for the City of Buffalo; and Be It Finally Resolved: That the City Clerk, on behalf of this Honorable Body, forward a copy of this resolution, along with the required $mart Review survey and application to the New York State Comptroller's local Buffalo and Albany offices respectively. ADOPTED. No. 183 By: Mr. Pitts Mark Virginia Investigation Whereas: The City of Buffalo and the Erie County District Attorney are investigating the circumstances involving the death of Mark Virginia while in Police custody, and Whereas: As a result of Mr. Virginia's death, the two arresting officers, Michael Bowen and Joseph Walters were place upon administrative leave purportedly until an independent and criminal investigation is completed, and Whereas: While the Erie County District Attorney is still investigating the case, the two affected Police Officers have been returned to regular duty, and Whereas: The return to regular duty of the two police officers raises serious questions about the Buffalo Police Department's view of the Mark Virginia's investigation (1) This decision and why?, (2) Does the return to duty compromise the current investigation?, (3) If the two affected officers are involved in subsequent arrests or police matters involving the public, is there assurance that they will be able to carry out their duties without question?, (4) Doesn't this unusual move undermine the public's confidence and respect for the Police Department?, and Whereas: In order to protect the City of Buffalo's legal position in the light of a prospective lawsuit, the decision should be changed and reviewed by the Common Council. Now Therefore Be It Resolved That: The Common Council requests the Police Commissioner to place Officers Walters and Bowen back on Administrative Leave until such time as a determination is made by the Erie County District Attorney. Further Be It Resolved That: The Police Commissioner and Corporation Counsel provide an explanation and review of this situation to the Common Council. ADOPTED. No. 184 By: Mr. Pitts Portable Sign - Park Lane Restaurant Whereas: The Park Lane Restaurant located at 629 Delaware Avenue at Gates Circle in a landmark business in the City of Buffalo, and Whereas: During the past year the proprietor has embarked upon an advertising and promotion effort to boost the business, and Whereas: In order to facilitate this effort the proprietor has applied for a permit for a portable sign in front of his business. This sign would be placed at the property line on City owned land, and Whereas: The Charter sanctions the use of portable signs with this proposed use being in accordance with Article 11 paragraph C, and Whereas: The proprietor of the Park Lane will comply with all requirements stipulated by the Charter and appropriate departments. Now Therefore Be It Resolved That The Common Council approves the placement of a portable sign at 629 Delaware Avenue subject to all conditions as stipulated by the Departments of Public Works, Inspections and Corporation Counsel. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 185 By: Mr. Pitts Public Hearing - Closing of City of Buffalo Senior Citizens Programs Whereas: In the current budget deliberations the City Administration is proposing the merger and/or closing of Senior Services. This proposal is similar to one offered last year which would give the County of Eric the responsibility for those services; and Whereas: The proposal to merge or close the Senior Services is based upon the Administration's position to cut services in order to meet a projected City budget deficit; and Whereas: It is not clear as to what the Administration's current plan consists of Nor is it clear how much money will be saved as a result; and Whereas: The provision of Senior Services in the City of Buffalo is one of the most essential and fundamental services provided to neighborhoods. The centers and programs offer, food, recreation and socialization for hundreds of senior citizens who can't afford to go elsewhere. Now Therefore Be It Resolved That: The Common Council hold a Public Hearing to be held April 22, 1996 at 2:00 p.m. in the Council Chambers. Further Be It Resolved That: The Common Council requests that the City Administration present their proposed plan at the Public Hearing for comment and review. Further Be It Resolved That: The City Clerk notify and invite all of the staff and participants of the City of Buffalo Senior Services to attend the Public Hearing. REFERRED TO THE COMMITTEE OF THE WHOLE. No. 186 By: Mr. Quintana Parking on Virginia Place Whereas: Virginia Place is a short street running perpendicular to Allen and Virginia Streets between Franklin Street and Delaware Avenue in the Niagara District; and Whereas: For years there have been 2 hour parking signs on Virginia Place that have never been enforced - a practice that has allowed employees of neighborhood businesses to regularly park on Virginia Place; and Whereas: The city has recently started enforcing the two hour parking limit, causing a great deal of inconvenience for the employees of local businesses; and Whereas: Petitions requesting that the 2 hour parking limit be lifted have been circulated and more than 100 signatures have been obtained with signees identifying themselves as "employees of local businesses on or around Virginia Place"; and Whereas: While there may be some logic to reserving short term parking on Virginia Place for business patrons on Allen, Delaware, Virginia Place and Franklin, such parking has generally not been available because the limits have not been in force; and Whereas: It is not fair to suddenly disrupt the parking patterns of a neighborhood without consulting those who live and work in the neighborhood; Now, Therefore, Be It Resolved That: This Council requests the Department of Public Works to prepare the appropriate notification serials to eliminate the two hour parking limit on Virginia Place. ADOPTED. No. 187 By: Mr. Quintana Reduce Permit Fees for the Allendale Theatre Renovation Whereas: The Allendale Theatre is a city-owned building that is currently being renovated through a cooperative arrangement between the city and the. Theatre of Youth (TOY) Co.; and Whereas: Once renovation is completed, it is anticipated that the city will retain ownership of the building and TOY will lease it from the city; and Whereas: TOY is a non-profit theatre company dedicated to the enhancement of the quality of life in the community through the enrichment, education and entertainment of young audiences; and Whereas: TOY successfully instills in Buffalo's youth an appreciation of live theatre as a stimulating cultural experience, one which celebrates the worth and creativity of the individual; and Whereas: Charging permit fees for the renovation of the Allendale is, in effect, taking funds from one city pocket to fill another while discouraging the extensive efforts that have gone into community fund raising for this project; and Whereas: $12,587.30 in the current design and construction contract for the Allendale have been identified as city permit fees of which $2,669.76 have been paid; and Whereas: Insisting on the payment of the remaining $9,917.54 in fees will only serve to dilute a dynamic effort by the city and the community that is close to fruition in order to amorphously bolster the city's $242 million general fund by only 4 thousandths of a percent; Now, Therefore, Be It Resolved That: This Common Council hereby waives the $9,917.54 in permit fees that remain for the Allendale Theatre construction project. REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL. No. 188 By: Mr. Quintana Banner for Roswell Park Bike-A-Thon Whereas: Roswell Park Memorial Institute has requested permission to hang a banner publicizing their Bike-A-Thon which will be held on June 29, 1996; and Whereas: The banner would hang across Delaware Avenue between Allen and North Streets from May 1st through May 15th; and Whereas: Roswell will also be asking Council permission to hang this banner at other locations between May 15th and June 29th; Now, Therefore, Be It Resolved That: This Common Council grants permission to Roswell Park Memorial Institute hang a banner across Delaware Avenue between Allen and North Streets from May 1st through 15th pursuant to the conditions set forth by the Commissioner of Public Works and the Corporation Counsel. PASSED. AYES - 13 NOES - 0 No. 189 By: Mrs. Williams Permission To Hang 50th Anniversary Banner-Erie Community College Whereas: Erie Community College is celebrating the 50th Anniversary of their education excellence and community commitment since 1946; and Whereas: Erie Community College is planning an exciting line up of special events to commemorate their 50th Anniversary; and Whereas: Representatives from Erie Community College have requested permission to hang Anniversary Banners surrounding Erie Community College and the Burt Flickinger Athletic Center form April through December 31st, 1006; and Whereas: The poles that Erie Community college would like to use belong to Niagara Mohawk Power Corp. and NYNEX; both companies have already given their permission to use the utility pole. Now Therefore Be It Resolved; that This Common Council grants permission to Erie Community college to hang banners celebrating their 50th Anniversary on Ellicott, South Division, Oak, Elm and Swan Streets which border the facilities from April through Tuesday, December 31st, 1996, providing the banners meet all requirements of all pertinent city departments and violate no existing laws for ordinances. PASSED. AYES 13 NOES - 0 No. 190 By: Mrs. Williams Status Report on Police Department Facilities Whereas: The Resolution 9156, CCP May 3, 1994, adopted the report "WE ARE ALL IN THIS TOGETHER", A Reorganization Plan for the Buffalo Police Department; and Whereas: The Common Council granted the Commissioner's request to close the four (4) identified Police Precincts Stations, Precinct #17 - Precinct #4 Precinct #8 - Precinct #10, to allow the Commissioner to move forward with the Interim Action Plan; and Whereas: The Common Council Adopted the Interim Action Plan which included the combining of Precincts # 3, 4, and 10, that became the new B District for the Buffalo Police Department; and Whereas: Precincts #4 and #10 building structures are currently vacant and the status of Precinct #3 and Police Headquarters have not been presently resolved at this time. Now, Therefore, Be It Resolved: That this Common Council request that the Commissioner of the Buffalo Police Department and the Police Reorganization Committee file a status report on the proposed location of the Ellicott "B" District Police Precinct; and Be It Further Resolved: The status report include any and all information of what will happen to Precincts #4 and #10 which are currently vacant and what plans, if any of Precinct #3 when it is vacated; and Be It Finally Resolved: The filed status report also include any and all information pertaining thereof, will the Buffalo Police Department Headquarters be rehabilitated, demolished and reconstruct a new facility on the same location site, or moved entire] to a new location. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION. No. 191 By: Mrs. Williams Maintenance of City Owned Properties Whereas: My office has received numerous complaints in the past regarding un-kept properties and vacant lots; and Whereas: With the onset of warm weather, their have been problems related to both private and city owned properties which must be maintained properly; and Whereas: The City of Buffalo enforces regulations upon residents to maintain their property, the City should be able to provide information on how it responsibly maintains its property. Now, Therefore It Be Resolved: The Common Council of the City of Buffalo request from the following departments of Streets and Sanitation, Real Estate, Neighborhood Housing and Inspections, and the Buffalo Urban Renewal Agency information and maintenance plans of how each department maintains and up keeps each of its properties that it is responsible for. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 192 By: Mr. Zuchlewski Boycott of Sherwin-Williams Products Whereas: Sherwin-Williams, Inc., the nation's largest paint manufacturer, recently bought the local Pratt and Lambert company; and Whereas: On February 20th, Sherwin-Williams announced plans to shut down the Pratt and Lambert plant on May 3 1, a move that will terminate the jobs of 200 workers; and Whereas: Corporate merger mania may fit with what has become the perverse logic of Wall Street, where news of higher unemployment causes the stock market to surge; and Whereas: For most communities such mergers have only brought the misery of lost jobs, crushed dreams, and the destruction of secondary businesses that had survived by supplying the closed plant; and Whereas: Buffalo has been wracked with plant closings that have nothing to do with the abilities or willingness of local employees to work diligently and creatively, but have more to do with major corporations taking advantage of legal loopholes and the goodwill of the American people; and Whereas: In the wake of the Pratt and Lambert closing announcement, the Sunday, March 31st Buffalo News carried an article detailing insider stock trading at Sherwin-Williams involving officers of the company exercising stock options at a low price and selling them at a much higher price; and Whereas: Rapacious corporate behavior can no longer be tolerated and a way must be found to provide a downside to such behavior commensurate with the benefits it apparently brings to stockholders; Now, Therefore, Be It Resolved That: This Council requests the Corporation Counsel to investigate the viability of an anti-trust lawsuit against Sherwin-Williams, Inc. for buying and then dismantling a competitor for the purpose of increasing its dominance of the paint market; and Be It Further Resolved That: This Common Council requests the citizens of the city of Buffalo to boycott Sherwin-Williams, Inc. by refusing to buy any of the Sherwin-Williams product line which includes Dutch Boy, Martin Senor, Sherwin-Williams, Sears Weatherbeater, and now, what in name will be sold as Pratt and Lambert; and Be It Further Resolved That: This Council requests the Commissioner of General Services, the Buffalo Urban Renewal Agency, and any other city departments or agencies that purchase paint or paint related services, to develop and file with this Council purchase specifications forbidding the purchase of any Sherwin-Williams products for use in city projects and contracts; and Be It Further Resolved That: This Council requests other levels of government to support this boycott and to ensure that their buying policies forbid the use of Sherwin-Williams products; and Be It Finally Resolved That: This Council directs the City Clerk to send certified copies of this resolution to the Clerk of the Erie County Legislature to the members of the Western New York Congressional and State Legislature delegations, and to the president of Sherwin-Williams, Inc. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE CORPORATION COUNSEL AND CITY COMMERCE. No. 193 By: Mr. Zuchlewski Request Ordinance Amendment Bringing City Agency Employees Under the City Code of Ethics Whereas: This Council has noted that the Buffalo Code of Ethics should apply to employees of city agencies such as BURA, BNRC, DDI and BEDC; and Whereas: Because they serve public functions, employment at these agencies can involve the same potential for conflicts of interest and the appearance of impropriety as employment for the city; and Whereas: It is important that these agencies are no longer seen as a "shadow government" shielded from the normal scrutiny that is placed on most city functions; and Whereas: The Corporation Counsel, in Communication #69, C.C.P. February 20, 1996, has stated that the City may insist that these agencies comply with the City's Code of Ethics; Now, Therefore, Be It Resolved That: This Council requests the Corporation Counsel to file an ordinance amendment that would require officers, employees, and personal service/consultant contractors of the Buffalo Urban Renewal Agency, the Buffalo Neighborhood Revitalization Corp., the Buffalo Enterprise Development Corp., and Downtown Development, Inc., to file disclosure statements under the City Code of Ethics and to be governed by the Code of Ethics in the same manner as other city employees. ADOPTED. No. 194 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 Traditional High School Basketball Team By Councilmember Brown Felicitation for General Motors Powertrain Plant By Councilmember Quintana Felicitation for Canisius High School Basketball Team By Councilmember Coppola Felicitation for Robert Whitfield By Councilmember Miller-Williams Felicitation for Bethel A.M.E. Church By Councilmember Pitts ADOPTED. No. 195 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: Raymond J. Guagliardi ADOPTED. UNFINISHED BUSINESS No. 196 Bond Res.$100,000-Reconstruct-S. Bflo. Community Center (Item No. 170, CCP, 4/2/96) Mrs. LoTempio moved to take Item #170, CCP, 4/2/96-Bond Res.- $100,000 for reconstruction of South Buffalo Community Center. Seconded by Mrs. Lockwood. Carried. Mrs. LoTempio now moved the approval of the above item; seconded by Mrs. Lockwood. PASSED. AYES - 13 NOES - 0 No. 197 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 23, 1996 9:30 A.M. Finance Tuesday, April 23, 1996 - following Civil Legislation Tuesday, April 23, 1996 2:00 P.M. Community Dev. Wednesday, April 24, 1996, 10:00 A.M. Committee on Education Wednesday, April 10, 1996, 2:00 P.M. 3:30 reconvene in room 1417 for review of school district's capital development plan. ANCILLARY MEETINGS Special Committee meeting on Police Reorganization on Thursday, April 25, 1996 at 2:00 o'clock p.m. in Room 1417 City Hall Special Committee meeting on Civil Service on Monday, April 29, 1996, 11:00 o'clock a.m. in Room 1417 City Hall No. 198 Recess On a motion by Mrs. LoTempio, Seconded by Mr. Czajka the Council recessed at 4:19 P.M., to reconvene Monday, April 22, 1996, at 2:00 P.M. CHARLES L. MICHAUX, III CITY CLERK CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO ADJOURNED SESSION APRIL 22, 1996 AT 2:00 P.M. Present James W. Pitts, President of the COUncil and Councilmembers: Brown, Coppola, Czajka, Franczyk, Gray, Helfer, Kavanaugh, Lockwood, Quintana, Williams, Zuchlewski. - 12. Absent Councilmember LoTempio - 1 No. 199 Resolve Into the Committee of the Whole Mr. Coppola now moved that the Common Council resolve into the Committee of the Whole for the Purpose of considering Item No. 185, C.C.P., April 16, 1996 - Public Hearing - Closing of City of Buffalo Senior Citizen Programs. Seconded by Mr. Czajka. ADOPTED. No. 200 Public Hearing - Closing of City of Buffalo Senior Citizen Programs Mr. Zuchlewski moved that the item is properly before the Common Council and the hearing be opened. Seconded by Mr. Coppola. CARRIED. APPEARANCES - (See attached lists) Mrs. Kavanaugh now moved that the hearing be closed. Seconded by Mr. Quintana. CARRIED. Mr. Zuchlewski now moved that the above item be received and filed. Seconded by Mr. Coppola. ADOPTED. No. 201 Resolve Into Common Council There being no further business in connection with the consideration of the Public Hearing - Closing Sr. Citizen Programs, it was moved by Mr. Zuchlewski, Seconded by Mr. Coppola, that the Committee of the Whole now resolve into the Common Council. CARRIED. No. 202 By Mr. Pitts Councilmember LoTempio Excused From Meeting Now, Therefore, Be It Resolved: That Councilmember LoTempio be excused from attendance at the Adjourned Session. ADOPTED. No. 203 By: Mr. Pitts Purchase of American Flags For Veterans Graves Whereas: The Common Council President has provided monies through the Community Development Block Grant and City Budget Grant-in-aid funds for the purchase of American Flags for military veterans; and Whereas: The American Legion has submitted a requisition for $7,000.00 to the City of Buffalo. This invoice was provided in February, 1996 and is now late; and Whereas: Grant-in-Aid monies that were allocated for Go Ministries is no longer necessary for its purposes. This money is now available to be used for the purchase of the flags. Now, Therefore Be It Resolved: That this Common Council approves the purchase of American Flags for Veterans graves by the American Legion; and Be It Further Resolved: That the Common Council approves the reallocation of 1995 Grant-in-Aid monies from Go Ministries to the appropriate Community Development line to cover the $7,000.00 requisition. No. 204 Adjournment On a motion by Mr. Coppola, Seconded by Mr. Brown, the Council recessed at 2:45 P.M. CHARLES L. MICHAUX, III CITY CLERK