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HomeMy WebLinkAbout96-0528 No. 11 Common Council Proceedings of the City of Buffalo Regular Meeting, May 28, 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, May 28, 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 May 14, 1996 and the Special Session held May 22, 1996 were approved. FROM THE MAYOR No. 1 Appointment of Member to the Broadway Market Board of Directors Please be advised that pursuant to the powers vested in me under the By-Laws between the City of Buffalo and the Broadway Market Management Corporation (BMMC), I hereby appoint Peter M. Cammarata, residing at 23 Hecla Street, Buffalo, New York 14215 as a member of the Broadway Market Board of Directors for a term commencing immediately and terminating December 31, 1996. He is replacing Ruth Luchey Toliver whose term expired December 31, 1995. Peter Cammarata is currently employed as a "Senior Project Associate" at the Buffalo Enterprise Development Corporation. He was Executive Director at the Broadway Market from March 1, 1993 until April 26, 1996. Mr. Cammarata was Vice President of Operations for The Sample, Inc. for 16 years. He is very active in the community, serving on the Board of Directors of the Buffalo Police Foundation; active in Leadership Buffalo, Buffalo Events Network and the Preservation Coalition of Erie County. I hereby certify that the above named individual is fully qualified to serve as members of the Broadway Market Board of Directors. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 2 Appointment of Member to the Buffalo Emergency Medical Services Board Pursuant to the powers vested in me by Section 6 of the City of Buffalo, I hereby appoint Rev. Jerome L. Ferrell, residing at 32 Thatcher Avenue, Buffalo, New York 14215 to the Buffalo Emergency Medical Services Board for a term effective immediately and the term will expire February 28, 1999. Rev. Ferrell is replacing Dr. Richard S. Elman whose term had expired February 28, 1996 and we were unable to contact him for reappointment. Rev. Ferrell has certification from the National Academy of Emergency Medical Dispatch, Salt Lake City, Utah. From 1980 till 1992 he was a Medical Emergency Radio System Coordinator for Erie County Emergency Medical Services. From 1976 till 1980 he worked as an Emergency Medical Technician for LaSalle Ambulance Service. Rev. Ferrell also worked for other agencies dealing with medical services. Rev. Ferrell is founder and Director of the Lighthouse Interdenominational Choir; Assistant Pastor, Greater New Hope Church of God in Christ, and a member of the American Red Cross. I hereby certify that the above named individual is fully qualified for appointment to the Buffalo Emergency Medical Services Board. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 3 Appointment of Member to the Home Improvement Advisory Board Pursuant to the powers vested in me by Chapter 144-6 of the Buffalo Code, I hereby appoint Michael T. DiFabion, residing at 435 Main Street, West Seneca, New York 14224, as a member of the Home Improvement Advisory Board. Mr. DiFabion's term is effective immediately and will expire January 2, 1997. He is replacing Richard C. Bainbridge, Jr. who has resigned and whose term would have expired January 2, 1997. Mr. DiFabion is Vice President and General Sales Manager for The Bainbridge Crew since 1991. Previously, he was Vice President of Sales for Kayak Manufacturing of West Seneca from 1979 till 1990. He has over 17 years experience in the general construction field. He is active in his community as an officer with the Kiwanis. I hereby certify that the above named individual is fully qualified to serve as a member of the Home Improvement Advisory Board. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 4 Franklin Street Partners, Request to Erect a Sidewalk Cafe at 488 Franklin Street Item No. 86. C.C.P., 4/30/96 The City Planning Board at its regular meeting held Tuesday, May 21, 1996 voted to receive and file the matter referenced above since Your Honorable Body has already approved the item. RECEIVED AND FILED. No. 5 R. Gritzke, Request to Establish an Outdoor Cafe at 469-471 Delaware Avenue Item No. 92, C.C.P., 5/14/96 The City Planning Board at its regular meeting held Tuesday, May 21, 1996 considered the matter captioned above pursuant to section 511-58 of the Buffalo Code, Expansion of Eating and Drinking Places in the Delaware Review District. The applicant seeks to erect a 45 foot by 40 foot outdoor cafe which will be located entirely on private property. The proposed cafe will displace from six to eight off-street parking spaces from the applicant's accessory parking lot. The site is located in the Special Delaware District which considers the expansion of eating and drinking places to be restricted uses which require the approval of your Honorable Body. The site is also located in the Allentown Preservation District. Consequently, the design of the cafe must be approved by the Buffalo Preservation Board. Under SEQR the proposed expansion is considered a Type II action which does not require further environmental review. As stated above, however, the compatibility of the cafe with the surrounding historic fabric must be approved by the Buffalo Preservation Board. The Planning Board voted to approve the proposed development with the condition that the Preservation Board also approves the cafe. RECEIVED AND FILED. No. 6 Benderson Development, Request to Rezone 38-68 Hinman Avenue from R2 to CM (Special Development Plan No. 25) Item No. 83, C.C.P. 12/12/95 The City Planning Board at its regular meeting held Tuesday, May 21, 1996 voted to approve the passage of Special Development Plan Serial No. 25. pursuant to Section 511-126 F of the Buffalo Code (see attached) Under SEQR the proposed rezoning is considered an unlisted action which may be studied through uncoordinated review. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 7 Buffalo Halfway House, Request to Expand a Halfway House from 33 to 39 Beds at 115 Glenwood Avenue Item No. 91, C.C.P. 4/30/96 The City Planning Board at its regular meeting held Tuesday, May 21, 1996 considered the matter captioned above pursuant to section 511-136 of the Buffalo Code, Review of Human Service Providers. The applicant seeks to expand an existing halfway house for paroled inmates from 33 to 39 beds. The halfway house has been in operation since 1980. Halfway houses may be permitted upon the approval of your Honorable Body, in any zone in the City providing that there is not an undue concentration of such uses which would threaten the stability of surrounding neighborhood fabric. Under SEQR the proposed expansion is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed expansion since there is not a significant concentration of such uses in the area and also since the facility has been in operation for the past 16 years. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 8 Socony Vacuum Oil, Request to Demolish and Rebuild an Existing Gasoline Station and Store at 1131-1137 Elmwood Avenue Item No. 91, C.C.P., 5/14/96) The City Planning Board at its regular meeting held Tuesday, May 21, 1996 considered the matter captioned above pursuant to section 511-56 of the Buffalo Code. Review of Gasoline Stations and Eating and Drinking Places. The applicant seeks to develop a new gasoline- convenience store (1.773 square feet in area) at the site of an existing and similar operation. The new development would entail the construction of the new building, a gasoline identification sign, landscaping and screening. Under SEQR the proposed rezoning is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed development with the following conditions: 1. The northern and eastern property lines are screened and landscaped with appropriate vegetative cover; 2. On the Forest and Elmwood Avenue street lines, the spaces between the driveway cuts are landscaped with an appropriate low ground cover; 3. The base of the proposed accessory sign should be landscaped with appropriate vegetation. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BUFFALO ARTS COMMISSION No. 9 "Percent for Art" Projects Thank you for your inquiry regarding the Arts Commission's plans for recent and future art conservation work in the City of Buffalo. I hope the information I forwarded yesterday was helpful (copy attached) and now submit further information for your review. Per your request regarding plans for future Percent for Art projects, I am attaching, a document which details the 5-year plan for conservation work on outdoor sculptures in the City of Buffalo, which was previously submitted. "Also, I have excerpted details from a recently submitted proposal on the estimated dollar, figures necessary for partial restoration of the Lafayette Square Soldier's and Sailors Monument and Niagara Square's McKinley Monument. As is evident from both these sources, the estimated costs associated with the renovation of these historic places will require either a single, one-time investment from the City or a multi-year funding approach. With the success of our private/public endeavors in Niagara Square growing everyday, and with plans to treat the City's collection of Mayoral and Council President portraits, the Art's Commission is proposing the City pursue a multi-year funding approach to the two large projects mentioned above. Currently, the Percent for Art funding in the Capital Budget is the only source of funding dedicated for these important projects. It is imperative that this source of funding continue to be available for efforts which beautify our city. Please contact me at x 5027 if I can be of any further assistance regarding this Thank you for your time and attention. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BOARD OF ETHICS No. 10 Minutes of Board Meeting The meeting was called to order at 9:00 a.m. by Judge Roberts. A motion was made to accept the minutes of the April 2, 1996 meeting. The hearing scheduled today for Mr. LeRoi Johnson was postponed for sometime in the future. Judge Roberts stated that Mr. David Hayes, Assistant Corporation Counsel, who is handling these matters, was unable to be here today. Judge Ostrowski was also notified of the postponement. It was stated that Mr. Constantino would like to be reheard and Judge Roberts will refer this matter to the corporation counsel. Mr. Michaux stated that over 120 letters went out, certified mail, to those who failed to file the disclosure form for 1995 and 1996. A hearing is to be held May 15, 1996 at city hall for them to appear as to why they haven't filed. A representative from the law department, Mr. Charles Michaux and Judge Ostrowski will be at this meeting which may last for 2 days. A court reporter will also be present for Mr. Michaux to have a transcript of -the meeting. Mr. Michaux will report back what happened. Mr. Michaux distributed to the Board an up-to-date list of filings and non-filers for 1996 plus letters of resignation from people who sit on different Boards. He mentioned he has not been able to review this and will table it for the next meeting. He will also have a list of names who were sent letters. The Board will consider citing departments heads for failure to advise Board members of their responsibility. A possible amendment to the code was suggested. The meeting adjourned at 9:35 a.m. AGENDA FOR JUNE 40, 1996 MEETING: 1. Report from the hearings 2. Action the Board will take against the non-filers. RECEIVED AND FILED. FROM THE COMPTROLLER No. 11 Certificate of Necessity Transfer of Funds Human Services, Parks & Recreation - Salaries Human Services, Parks & Recreation - Exempt Items 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 $5,500 be transferred and reappropriated from the Department of Human Services, Parks & Recreation - Division of Substance Abuse Services in Appropriation Allotments as set forth below: The amount to be transferred is an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which it was appropriated. Dated: Buffalo, NY, April 25, 1996 RECEIVED AND FILED. No. 12 Certificate of Necessity Transfer of Funds Community Development - Bond Funds 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 $130,000 be transferred and reappropriated from the Department of Community Development Capital Projects Fund, as set forth below: The amount to be transferred represents an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY May 9, 1996 RECEIVED AND FILED. No. 13 Certificate of Necessity Increased Appropriation North AmeriCare Park - Reserve for Replacements North AmeriCare Park - Exempt Items We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $4,000 in the estimates for the fiscal year beginning April 1, 1995 is necessary in Appropriation Allotments - North AmeriCare Park to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 420-899002 - Reserve for Replacements not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Dated: Buffalo, NY, May 9, 1996 RECEIVED AND FILED. No. 14 Certificate of Necessity Increased Appropriation Division of Engineering Department of Police Fringe Benefits We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $3,000,000 in the estimates for the fiscal year beginning July 1, 1995 is necessary in Appropriation Allotments - Various Accounts as shown below, to meet contingencies which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase of $3,000,000 in the Division of Engineering Other Revenues - Services to the B.S.A. - Ferry Street Bridge account 100-40-1-406-32124 not otherwise appropriated for any other purpose. The detail of the requirements are set forth below. Dated: Buffalo, NY, May 23, 1996 RECEIVED AND FILED. No. 15 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, May 15, 1996 RECEIVED AND FILED. No. 16 Quarterly Financial Data This is to advise that a summary report of the Appropriation, Expenditure, Encumbrance and Revenue activity and Balance Sheets of the City of Buffalo General Fund for the period January 1 through March 31, 1996 have been delivered to the Common Council Chief-of-Staff Michael Williams. This is in response to your request for quarterly financial data. We have also submitted this data to the Budget Office and it is made available to departments and divisions individually in printed format and via their "on-line computer terminals." This approach has been utilized due to the size of the reports and limited budgetary resources. The Summary of Appropriation/Accounting Activity summarizes line item data by function within departments and divisions, and includes the General City Charges line accounts, i.e.: departments with an 81X identifier. The Summary of Revenue Report summarizes individual revenue accounting activity by department and division, and also summarizes all revenue activity by source (NYS, Federal, etc.). The Revenue activity for Department 810 - General City is included. The Balance Sheets reflect the City's assets, liabilities and fund equity for the period cited above. RECEIVED AND FILED. No. 17 Monthly Overtime Usage Report I am providing the Common Council with the Monthly Overtime Usage Report as of April 30, 1996. This report reflects the overtime expenditures for all City departments. It also projects overtime usage for the entire fiscal year based on current expenditure levels. REFERRED TO THE COMMITTEE ON FINANCE. No. 18 Result of Negotiations Portion of 404 Kenmore Lot Size: 43' x 120' Portion of 406 Kenmore Lot Size: 43' x 120' Item No. 168, C.C.P. 7/25/95 Sale of 402 Kenmore and 28 Seattle Street to Ripen With Us Child Care Center, Inc. In the above referenced item Your Honorable Body approved the sale of 402 Kenmore and 28 Seattle Street to Ripen With Us Child Care Center, Inc. They intend to build a new day care center. In order to comply with local zoning requirements, Ripen With Us Child Care Center applied for and received a change in zoning from R2 to C2 for 402 Kenmore and 28 Seattle Street, Item #162, C.C.P. 2/20/96. The rear portion of the property will remain residential to satisfy neighborhood concerns. Also, Ripen With Us will acquire 404 & 406 Kenmore, which is already zoned C2, to complete the development of the child care facility. An independent appraisal of the subject property was conducted by Mr. Howard P. Schultz, Appraiser, 289 Linwood Avenue, Buffalo, New York 14209. He has estimated the fair market value of the property to be Twenty-Six Thousand Dollars ($26,000). The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Ripen With Us Child Care Center, Inc. has agreed and is prepared to pay Twenty Thousand Dollars ($20,000) for the subject properties. The purchase price is based on the following terms and conditions: 1. The purchaser will pay for the cost of the appraisal, survey and update of the search. 2. The purchaser will also pay for all closing costs associated with the transfer of the title, including the transfer tax, recording fees, permits and environmental surveys or studies. 3. There will be no payment of commission due to Jill McCarty, Attorney, who represented and brokered the deal on behalf of Ripen With Us Child Care Center, Inc., instead the Commission has been deducted from the appraised value, at the request of Ms. McCarthy. 4. The sale is contingent upon Ripen With Us Child Care Center, Inc. applying for and receiving financing in the amount of Sixteen Thousand Dollars ($16,000). 5. The City of Buffalo will grant an easement for ingress and egress from Kenmore Avenue, similar to the one which was approved for 402 Kenmore Avenue, Item #110, C.C.P. 12/12/95. I am recommending that Your Honorable Body approve the offer of Ripen With Us Child Care Center, Inc. in the amount of Twenty Thousand Dollars ($20,000) upon the above stated terms and conditions. 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 Retroactive Longevity Payments Melvin Stokes The Division of Labor Relations has determined a new longevity date of July 28, 1980 for Melvin Stokes (see attachment). As a result Mr. Stokes has requested to file a claim for retroactive longevity payments for the following, per Local 650 Contract: Employee Should Longevity Date Payment Rec Have Received Payment Due 7/28/85 0 $200 $200 7/28/86 0 $200 $200 7/28/87 0 $200 $200 7/28/88 0 $200 $200 7/28/89 $200 $200 0 7/28/90 $200 $450 $250 7/28/91 $260 $585 $325 7/28/92 $260 $585 $325 7/28/93 $260 $585 $325 7/28/94 $585 $585 0 7/28/95 $585 $910 $325 $2,350.00 This office recommends approval of the above mentioned payments based on the Union Contract. Mrs. LoTempio moved: That the communication from the Comptroller, dated May 23, 1996, be received and filed; and That the Comptroller be, and he hereby is authorized to pay retroactive longevity payments to Melvin Stokes for a total amount of $2,350.00, to be paid from Judgments and Claims Prior Years Account. PASSED. AYES - 13 NOES - 0. No. 20 Certificate of Appointment Appointment effective 5/20/1996 in the Department of Audit & Control Division of Data Processing, Peter Barone, 27 Highgate Avenue Buffalo, NY 14214 to the Position of Data Base Administrator, Permanent at the Maximum Starting Salary of $42,896.00 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PUBLIC WORKS No. 21 Notification Serial #8676 Repeal of No Standing on Clinton Street, South Side from Fillmore Avenue to Babcock Street NO STANDING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD Clinton Street, south side At all times from Fillmore Avenue to Babcock Street This action is being taken in order to update our records and provide consistency with existing field conditions. (See next 2 serials) Notification Serial #8677 Install No Standing on Clinton Street, south side from Fillmore Avenue to a point 30' east of Bender 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 PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD Clinton Street, south side At all times from Fillmore Avenue to a point 30' east of Bender Avenue This action is being taken in order to update our records and provide consistency with existing field conditions. (See previous and next serial) Notification Serial #8678 Install No Standing on Clinton Street, south side from a point 104' west of Lewis Street to Babcock Street NO STANDING -INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following:. NO STANDING PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD Clinton Street, south side At all times from a point 104' west of Lewis Street to Babcock Street This action is being taken in order to update our records and provide consistency with existing field conditions. (See previous 2 serials) REFERRED TO THE COMMITTEE ON LEGISLATION. No. 22 Report of Bids Buffalo Fire Department Vehicle Exhaust System Engine #3, Rescue #1 I asked for and received the following Informal Proposals which were publicly opened and read on May 14, 1996. Air Cleaning Systems $17,272.00 Air Cleaning Specialists $19,400.00 E M S $19,677.00 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Air Cleaning Systems, in the amount of Seventeen Thousand Two Hundred Seventy Two and 00/100 Dollars ($17,272.00) is the lowest responsible bidders in accordance with the plans and specifications I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work will be available in B/F 200-402-008 - Division of Buildings. Estimate for this work was $17,500.00 Mrs. LoTempio moved: That the communication from the Department of Public Works, dated May 15, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Buffalo Fire Department Vehicle Exhaust System, Engine #3, Rescue #1 to Air Cleaning Systems the lowest responsible bidder in the amount of $17,272.00. Funds for this project are available in B/F 200-402-008 - Division of Buildings. PASSED. AYES - 13 NOES - 0. No. 23 Report of Bids Buffalo Fire Department Vehicle Exhaust System Engine #37, Ladder #4 I asked for and received the following Informal Proposals which were publicly opened and read on May 14, 1996. Air Cleaning Systems $16,879.00 Air Cleaning Specialists $18,900.00 E M S $21,731.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Air Cleaning Systems, in the amount of Sixteen Thousand Eight Hundred Seventy Nine and 00/100 Dollars ($16,879.00) is the lowest responsible bidders in accordance with the plans and specifications I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work will be available in B/F 200-402-008 - Division of Buildings. Estimate for this work was $17,000.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated May 15, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Buffalo Fire Department Vehicle Exhaust System, Engine #37, Ladder #4 to Air Cleaning Systems the lowest responsible bidder in the amount of $16,879.00. Funds for this project are available in B/F 200-402-008 - Division of Buildings. PASSED. AYES - 13 NOES - 0. No. 24 Report of Bids Buffalo Fire Department Vehicle Exhaust System Ladder #12 I asked for and received the following Informal Proposals which were publicly opened and read on May 14, 1996. Air Cleaning Systems $11,955.00 Air Cleaning Specialists $13,900.00 E M S $13,960.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Air Cleaning Systems, in the amount of Eleven Thousand Nine Hundred Fifty Five and 00/100 Dollars ($11,955.00) is the lowest responsible bidders in accordance with the plans and specifications I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work will be available in B/F 200-402-008 - Division of Buildings. Estimate for this work was $12,000.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated May 15, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Buffalo Fire Department Vehicle Exhaust System, Ladder #12 to Air Cleaning Systems the lowest responsible bidder in the amount of $11,955.00. Funds for this project are available in B/F 200-402-008 - Division of Buildings. PASSED. AYES - 13 NOES - 0. No. 25 Report of Bids Buffalo Fire Department Vehicle Exhaust System Engine #31, Ladder #14 I asked for and received the following Informal Proposals which were publicly opened and read on May 14, 1996. Air Cleaning Systems $17,448.00 Air Cleaning Specialists $19,700.00 E M S $20,147.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Air Cleaning Systems, in the amount of Seventeen Thousand Four Hundred Forty Eight and 0011 00 Dollars ($17,448.00) is the lowest responsible bidders in accordance with the plans and specifications I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work will be available in B/F 200-402-008 - Division of Buildings. Estimate for this work was $17,500.00 Mrs. LoTempio moved: That the communication from the Department of Public Works, dated May 15, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Buffalo Fire Department Vehicle Exhaust System, Engine #31, Ladder #14 to Air Cleaning Systems the lowest responsible bidder in the amount of $17,448.00. Funds for this project are available in B/F 200-402-009 - Division of Buildings. PASSED. AYES - 13 NOES - 0. No. 26 Report of Bids Buffalo Fire Department Vehicle Exhaust System Engine #19 I asked for and received the following Informal Proposals which were publicly opened and read on May 14, 1996. Air Cleaning Systems $11,997.00 Air Cleaning Specialists $13,500.00 E M S $14,500.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Air Cleaning Systems, in the amount of Eleven Thousand Nine Hundred Ninety Seven and 00/1 00 Dollars ($11,997.00) is the lowest responsible bidders in accordance with the plans and specifications I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work will be available in B/F 200-402-008 - Division of Buildings. Estimate for this work was $12,000.00 Mrs. LoTempio moved: That the communication from the Department of Public Works, dated May 15, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Buffalo Fire Department Vehicle Exhaust System, Engine #19 to Air Cleaning Systems the lowest responsible bidder in the amount of $11,997.00. Funds for this project are available in B/F 200-402-008 - Division of Buildings. PASSED. AYES - 13 NOES - 0. No. 27 Report of Bids Buffalo Fire Department Vehicle Exhaust System Engine #34 I asked for and received the following Informal Proposals which were publicly opened and read on May 14, 1996. Air Cleaning Systems $12,748.00 E M S $14,870.00 Air Cleaning Specialists $14,900.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Air Cleaning Systems, in the amount of Twelve Thousand Seven Hundred Forty Eight and 00/1 00 Dollars ($12,748.00) is the lowest responsible bidders in accordance with the plans and specifications I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work will be available in B/F 200-402-008 - Division of Buildings. Estimate for this work was $12,800.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated May 15, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Buffalo Fire Department Vehicle Exhaust System, Engine #34 to Air Cleaning Systems the lowest responsible bidder in the amount of $12,748.00. Funds for this project are available in B/F 200-402-008 - Division of Buildings. PASSED. AYES - 13 NOES - 0. No. 28 Report of Bids Buffalo Fire Department Various Locations Decontamination Areas I advertised for on April 30, 1996 and received the following sealed proposals which were publicly opened and read on May 21, 1996. MKS Plumbing $ 85,320.00 NuMarco Inc. $111,900.00 Carino Plumbing $132,590.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that MKS Plumbing, in the amount of Eighty Five Thousand Three Hundred Twenty and 00/1 00 Dollars ($85,320. 00) is the lowest responsible bidders in accordance with the plans and specifications I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work will be available in B/F 200-402-008 - Division of Buildings. Estimate for this work was $125,000.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated May 21, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Buffalo Fire Department Various Locations, Decontamination Areas to MKS Plumbing the lowest responsible bidder in the amount of $85,320.00. Funds for this project are available in B/F 200-402-008 - Division of Buildings. PASSED. AYES - 13 NOES - 0. No. 29 Report Of Bids New 8" Watermain Baraga Street The Division of water accepted emergency bids from the following contractors; Visone Construction, Inc.. $44,350 Destro Bros Const. $50,000 Kandey Corp. $61,000 Mar-Wal Const. $79,900 It was necessary to accept emergency bids because we currently have road and curb reconstruction taking place on Baraga Street. The emergency situation arose when the existing main was uncovered and was found to be deteriorated and leaking. It is imperative that this waterline be replaced before the road is reconstructed. We were unable to utilize regular bidding procedures because of the timing of this project. Therefore, I request that your Honorable Body authorized the Commissioner of Public works to enter into a contract with Visone Construction, Inc., 79 Sheldon Ave., Depew, New York for the installation of 670 feet of 81 ductile iron pipe on Baraga Street in the amount of $44,350.00. Funds for this project are available in the Division of Water Capital Project Account 416-983-501. Because of the emergency condition, I respectfully request your immediate approval of this item. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated May 23, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for New 8" Watermain on Baraga Street to Visone Construction, Inc. lowest responsible bidder in the amount of $44,350.00. Funds for this project are available in the Division of Water Capital Project Account 416-983-501. PASSED. AYES - 13 NOES - 0. No. 30 Report of Bids Marine Midland Arena , Phase I - Group No. 364, Part A South Park, Main Street, Perry Street Item No. 160; C.C.P. 12/12/95 This is to advise Your Honorable Body that I have advertised and received bids on May 22, 1996 for the Marine Midland Arena, Phase I, Group 364, Part A. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: CONTRACTOR TOTAL BID PRICE Destro Bros. Concrete Co., Inc. $1,014,586.50 Anastasi Trucking $1,491,943.00 DiPizio Construction $1,597,548.00 A review of the bid received from Destro Bros. Concrete Company, Inc. indicated a variety of errors and uneven bids. After consultation with them it was agreed that they would withdraw their bid. I hereby certify that the lowest responsible bidder for the above project is Anastasi Trucking and I respectfully recommend that Your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund No. 200-401-556, in the base bid of $1,491,943.00, plus approved unit prices for an additional $152,187.97. The engineer's estimate for this work is $1,300,000.00. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by July 8, 1996. Individual bid submissions are available in our office for inspection and copies are available upon request. In order to complete this work by the opening of the Marine Midland Arena your immediate approval of this award is necessary. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated May 23, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Marine Midland Arena, Phase 1, Group 364, Part A to Anastasi Trucking, for the base bid of $1,491,943.00, plus approved unit prices for an additional $152,187.97, with said cost to be charged to the Capital Projects Fund #200-401-556. PASSED. AYES - 13 NOES - 0. No. 31 Change in Contract Small Animal Shelter 380 Oak Street I hereby submit to Your Honorable Body the following changes for the Small Animal Shelter, Buffalo Sheet Metals, Inc. - C 91794700. 1. Substitute fourteen (14) Air-Tech radiant heat ceiling panels in lieu of the specified Sun-El ceiling panels. Add $ 894.00 The foregoing change results in a net increase in the contract of Eight Hundred Ninety Four and 00/100 Dollars ($894.00). Summary: Original Amount of Contract $ 67,900.00 Amount of This Change (No. 1) Add 894.00 Revised Amount of Contract $ 68,794.00 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 200-402-099 - 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 May 21, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. I to Buffalo Sheet Metals, Inc., changes resulting in a net increase in the amount of $894.00, as more fully described in the above communication, for work relating to Small Animal Shelter, 380 Oak Street, C 91794700. Funds for this project are to be charged to B/F 200-402-099, Division of Buildings. PASSED. AYES - 13 NOES - 0. No. 32 Change Order No. 2 Cleaning and Lining Watermains Amherst/Starin Avenue City Contract No. 91825500 I hereby submit to your Honorable Body the following Change Order No. 2 with Kandey Company, Inc. for work relating to Cleaning and Lining Watermains - Amherst and Starin, Contract No. 91825500: New Work Item No. 1 Abandon approximately 396 LF of 61 Watermain on Parker Avenue between Amherst and Beard Avenues and reinstall seven (7) services and one (1) hydrant to the existing 12" watermain on Parker Avenue, including all restoration. Increase: $25,298.03 Work Item No, 09-006 Contract called for 11,300 LF of GI' watermain to be cleaned and lined. Only 10,904 LF of 6" watermain was actually cleaned and lined. Decrease of 396 LF @ $22.90/LF Decrease: $9,068.40 The transfer of the hydrant supply to 1211 main will improve fire flow, and along with transfer of services, will permit abandonment of undersized 6" main resulting in decreased long term maintenance costs. Costs have been reviewed by the Department of Public Works and the Consulting Engineer and found to be fair and equitable. SUMMARY: Original Amount of Contract $ 1,297,970.00 Change Order No. 1 - Increase $ 85,537.20 Change Order No. 2 - Increase $ 16,229.63 Current Amount of Contract $1,399,736.85 Funds in the amount of $16,229.63 are available in the Division of Water's 416-983-501-00-000 Capital Projects Account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated May 23, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 2 to Kandey Company, Inc., changes resulting in a net increase in the amount of $16,229.63, as more fully described in the above communication, for work relating to Cleaning and Lining Watermains, Amherst/Starin Avenue, City Contract No. 91825500. Funds for this project are to be charged to the Division of Water's 416-983-501-00-000 Capital Projects Account. PASSED. AYES - 13 NOES - 0. No. 33 Destro & Brothers Concrete Co., Inc. List of 1995/96 Contracts I hereby submit to oar Honorable Body the following list of City Contracts with Destro & Brothers Concrete Company, Inc. for the 1995-1996 Construction season: Contract Contract Amount 1. Repair to City Pavements $301,000.00 2. Niagara St Reconst Curbs/Walk $583,514.00 3. Tracy Street Reconstruction $225,098.00 4. Baraga Street Reconstruction $155,000.00 5. Resurfacing of City Pavements $449,483.00 Total Cost Projects $1,714,095.00 REFERRED TO THE COMMITTEE ON FINANCE. No. 34 Sewage Problem 136 Central Avenue No. 182, C.C.P. 4/30/96 Please be advised that this department working along with the Buffalo Sewer Authority has corrected the sewer problems at 136 Central. The lateral from this property was completed and tapped into the appropriate sewer on Central. RECEIVED AND FILED. No. 35 307-311 Bryant Street; Handicapped Access Ramp Within City Right-of-Way Mr. Ronald Morga, owner of Just Pasta Restaurant, located at 307-311 Bryant Street has requested permission to install a handicap ramp which would encroach City right-of-way at said address. The proposed ramp would measure 12 feet in length and project a maximum of 9 feet from the property line into City right-of-way. The Department of Public Works has reviewed Mr. Morga's request pursuant to Chapter 413-59.1 (Handicapped Access Ramps) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain and all other City of Buffalo permits necessary for installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant supply the Department of Public Works with a $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 ramp. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 36 Asbestos- City Buildings Item No. 170, CCP 05/14/96 The above referenced resolution was forwarded to this Department with a request to provide information on the frequency of asbestos related problems within City-owned buildings and the feasibility of creating a team of City workers for asbestos removal. Asbestos removal and/or encapsulation issues occur three (3) separate ways with City buildings. First, when we are planning a major reconstruction of a facility, we conduct a survey of the existing areas that may be affected for asbestos containing material and lead products. This was done recently for the Precinct 13 Expansion, Elmwood-Virginia Fire Station, Shea's Buffalo Marquee, and the Roof Replacement/Masonry Restoration Shea's Buffalo. All material affected by the project is either removed or encapsulated by a licensed company and monitored by a third party. This type of occurrence is about once a year. The second type of occurrence is when our own personnel are conducting repairs and have to remove pipe insulation that contains asbestos. We have been using employees from the Erie County Public Library, licensed for asbestos removal, to assist our staff. This was done most recently in City Hall when working on our emergency generator. This type of occurrence is perhaps four (4) times a year. The third type of occurrence is when our employee believes that asbestos material is present in their workplace and registers a complaint. We then inform New York State Department of Labor, Public Employee Safety and Health Bureau, and request that they perform an air quality test. If friable material is present an immediate clean-up and removal/encapsulation is performed. This type of occurrence is perhaps once a year. Six (6) years ago, four staff members from Mechanical Services were trained and certified for asbestos removal. These employees have all left the Department for higher paying titles in other City departments. If funding can be identified once again, I suggest that additional staff be instructed on asbestos removal and certified. Expenses would be less than $2,000.00 and arrangements can be made through the Blue Collar Union, Local 264. REFERRED TO THE COMMITTEE ON FINANCE. No. 37 RFP Process to Reduce Electric Costs Item No. 168, CCP 05/14/96 The above referenced resolution has been forwarded to this office for comments and/or recommendations. Please be advised that a meeting has been scheduled in Room 1417 at 9:30 a.m. on Wednesday, June 5, 1996 with various consultants expressing interest in saving the City of Buffalo energy costs through any of the following: - Municipalization - Cogeneration - Utility Bill Analysis - Bulk Energy Purchase - Load Aggregation and Rate Negotiations - Performance Based Contracts - Energy Conservation Measures Following this exchange of ideas and information, this Department will be issuing a Request For Proposal. Councilmember Coppola has been invited to this meeting. RECEIVED AND FILED. No. 38 Extension of Contract Cleaning and Lining Watermains Amherst/Starin/Hertel Avenue City Contract No. 91825500 In accordance with the terms of the contract between the City of Buffalo and Kandey Company, Inc. , City Contract No. 91825500, Cleaning and Lining Watermains - Amherst/Starin/Hertel Avenue Project, the work called for in this contract was scheduled to be completed by May 25, 1996. The contractor has requested an extension of time in this contract. Although the contractor has worked diligently and continuously to date, unusually severe weather conditions have prevented the Contractor from maintaining the original schedule for completion. Accordingly I have granted an extension of time in the contract with Kandey Company. The new completion date is June 28, 1996. RECEIVED AND FILED. FROM THE COMMISSIONER OF FIRE No. 39 Stop Youth Gang Harassment of School Children Item No. 179 CCP 05/14/96 The Buffalo Fire Department recently embarked on a very ambitious training schedule which engages most fire companies during some of the day time hours. However, all fire companies arc required to conduct driver training which might be done on a daily basis or several times weekly, defending on the level of proficiency among members of a particular company. This type of training is normally done at times when the fire company is otherwise free. I have checked the training schedule and will attempt to free up a fire company to patrol the area around School #80 for a short period of time each day, after the children are discharged from school. This should fulfill the fire companies' requirement to perform driver training and in time give a presence on the street. Because of potential liability and the fact that the Buffalo Fire Department is not a Police Agency, our firefighters will not attempt to break up any disturbances which they might encounter, but they will be instructed to radio any such incidents to the Police Department. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CORPORATION COUNSEL No. 40 Self-Insurance Program for City Owned Vehicles This is in response to your request for an opinion concerning the City of Buffalo's self-insurance program for City vehicles. Article 51 of the Insurance Law of the State of New York is entitled the "Comprehensive Motor Vehicle Insurance Reparations Act". The Act is commonly known as the "No-Fault Insurance Law". The Act covers all motor vehicles including police and fire vehicles. The law requires an insurer of a vehicle to pay covered persons injured in a motor vehicle accident for "basic economic loss" regardless of whose fault an accident is. A covered person includes any injured owner, operator or occupant of a motor vehicle or any pedestrian injured through the use or operation of the vehicle. "Basic economic loss: is defined as all necessary expenses incurred for (1) medical, hospital, dental and ambulance services; (2) psychiatric, physical and occupational therapy and rehabilitation; (3) any other professional health services; and (4) loss of earnings for work up to $2,000.00 per month for up to three years from the date of the accident. The limit for basic economic loss is $50,000.00. Under the no-fault law, the City must pay all medical expenses and lost wages for an occupant of its vehicle or a pedestrian struck by a City vehicle regardless of whose fault the accident is up to $50,000.00. In addition, insurance of vehicles covers two other liability issues. Property damage to vehicles damaged in an accident is governed by whose fault the accident is. For example, if a City plow strikes a parked car, the City would have to pay the reasonable cost of repair of the parked vehicle or the reasonable value of the vehicle if it is less than the cost of repair. In addition, if a person is injured in an automobile accident caused by the City and the person sustains a "serious injury", the City is liable to the injured person for pain and suffering. 'Serious injury" is defined as a fracture, significant limitation of use of a body function, significant disfigurement, death or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety (90) days during the one hundred and eighty (180) days immediately following the accident. Thus, if a City vehicle injures either a pedestrian or occupant of another vehicle as a result of the fault of the City driver and a serious injury is sustained, that person can sue the City for pain and suffering damages. The City operates a self-insurance program in the Division of Labor Relations. The program is administered by David Gannon. Approximately $250,000.00 is put in the reserve annually. This is intended to cover all liability resulting from City vehicular accidents. Over the last five (5) years, no-fault insurance payments for medical bills and lost wages and property damage caused by City vehicles have been paid out of this reserve. Due to insufficient funding of this budget line, all personal injury claims for pain and suffering have been paid out of the Law Department's Judgment and Claims Account. There are a number of recent automobile accident cases involving "serious injuries" which the Law Department anticipates will have to be settled within the next two (2) years. On this basis, the Law Department recommends that funding be placed in the self-insurance reserve account to pay for pain and suffering settlements. REFERRED TO THE COMMITTEE ON FINANCE. No. 41 Compromise Demolition Cost- 100 Strauss Street On or about July 17, 1992, the City of Buffalo demolished a building at 100 Strauss Street, Buffalo, New York. The demolition took place after a fire destroyed a portion of the building in or around October of 1990. The City incurred demolition costs in the amount of $4,860.00. The City subsequently sued the titled owner, Suzanne Home, for the demolition costs. It was later discovered that Ms. Home had little or no involvement with the property, other than being named on the deed, in that the property had been obtained and managed by Ms. Home's common law husband, Robert Mix. Mr. Mix passed away in September of 1995 leaving no assets and named Ms. Home as executrix of his Last Will and Testament. After considerable negotiations, Ms. Home, through her attorney, has proposed that the City accept $2,430.00 (ie 50% of the total amount of $4,860.00) as a full and final disposition of this matter. The Corporation Counsel's Office recommends that this offer be accepted for the following reasons. First, it is evident that although Ms. Home was named on the deed she had no involvement in repairing the deteriorating structure after the fire. Between the time of the fire in October, 1990, and the demolition in July of 1992, Mr. Mix did attempt to remedy the dilapidated condition of the property by, among other things, demolishing a small cottage adjacent to the building at 100 Strauss. Second, the building was demolished on an emergency basis nearly two (2) years after the fire. in the event that this case proceeds to trial the question of whether this property warranted an "emergency demolition" in view of Mr. Mix's repairs and the two (2) year passage of time would likely be in issue. Prior to his death, Mr. Mix did take the position that although the building needed additional repairs it was structurally sound. Finally, the office has confirmed that Mr. Mix's estate has no assets. This office has also requested and received information indicating that Ms. Home has little or no assets on which a judgment could be executed. Based on the above, the Corporation Counsel's Office recommends acceptance of the proposed offer of $2,430.00. Mrs. LoTempio moved: That the communication from the Department of Law, dated May 21, 1996, be received and filed; and That the Corporation Counsel be, and he hereby is authorized to accept the amount of $2,430.00 in full satisfaction of the demolition claim at 100 Strauss Street. PASSED. AYES - 13 NOES - 0 No. 42 Marine Midland Arena Attached is Requisition No. 18 relating to the Marine Midland Arena Project. REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE. No. 43 North AmeriCare Park Attached is the final draft of the Naming Rights Agreement between City of Buffalo and North American Health Plans, Inc. regarding North AmeriCare Park. I believe that North American Health Plans, Inc. and the Bisons are prepared to sign this Agreement. REFERRED TO THE COMMITTEE ON FINANCE. No. 44 Law Department 1996-97 Budget Pursuant to our telephone conversation, it is my understanding that the Commissioner of Police has requested that the Common Council increase the Law Department's budget and add an Assistant Corporation Counsel. If my department's budget is so increased, I commit that the new Assistant Corporation Counsel will be assigned to work on Police Department matters. REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 45 Permission to Accept Fund Transfer Street Reconstruction/Overlay Program I respectfully request that Your Honorable Body accept a fund transfer for the street reconstruction/overlay program. The amount to be transferred is $158,664.65 from Community Development Block Grant Account 94-50200 to Fund 100 Ledger No. 402000 Dept./Div. 401 Revenue No 81118. This transfer is a portion of a $821,524 program funded with CDBG monies. At present 16 streets in 5 Councilmanic Districts have been overlaid. An additional 10 streets are to be overlaid in the coming months. This transfer will repay the City of Buffalo for the overlaying of the following street in the fall of 1995: STREET FROM TO COST Cleveland Delaware Elmwood $48,200 Lancaster Melbourne Elmwood $36,700 Gold Ludington Lovejoy $40,300 Federal Kensington North End $23,600 Grider/Leroy Intersection $11,700 There will not be another transfer under this program this fiscal year. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated May 16, 1996, be received and filed; and That the Common Council be, authorized to accept a fund transfer in the amount of $158,664.65 from Community Development Block Grant Account 94-50200 to Fund 100 Ledger No. 402000 Dept./Div. 401 Revenue No. 81118 to repay the City for the street reconstruction/overlay program in the fall of 1995, as more fully described in the above communication. PASSED. AYES - 13 NOES - 0 No. 46 Bids- South District Soccer Goals I hereby request permission to take bids for the above project; and have asked for and received the following bids for South District soccer goals on May 22, 1996: COMPANY BASE BID Gleasons Nursery $5,780 Birch Grove Landscaping No Bid American Paving No Bid I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid of $5,780. Therefore Gleason's Nursery, 4780 Sheridan Drive, Williamsville, New York 14221 is the lowest responsible bidder in accordance with the plans & specifications. I recommend that Your Honorable Body authorize the city to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 200-717-051. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated May 22, 1996, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for South District Soccer Goals to Gleason's Nursery, the lowest responsible bidder in the amount of $5,780. Funds for this project are available in Bond Fund Account 200-717-051. PASSED. AYES - 13 NOES - 0 No. 47 Bids- McMillan Tennis Courts Renovations I hereby request permission to take bids for the above project; and have asked for and received the following bids for McMillan Tennis Courts renovations on May 21, 1996: COMPANY BASE BID ADD ALT. 1 ADD ALT. 2 Louise Del Prince 46,080 4,040 10,040 & Sons American Paving 47,930 4,825 5,665 G.B.H. Paving 65,100 2,000 11,620 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid of 46,080. Therefore Louis Del Prince & Sons, 580 Cayuga Road, Cheektowaga, New York 14225 is the lowest responsible bidder in accordance with the plans & specifications. I recommend that Your Honorable Body authorize the city to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 200-717-012. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated May 21, 1996, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for McMillan Tennis Courts renovation to Louis Del Prince & Sons, the lowest responsible bidder in the amount of $46,080. Funds for this project are available in Bond Fund Account 200-717-012. PASSED. AYES - 13 NOES - 0 No. 48 LDA-Downtown Renewal Phase II Niagara, W. Eagle & Pearl Streets Eagle Group, LLC The City of Buffalo Urban Renewal Agency duly designated Eagle Group, LLC and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE COMMISSIONER OF STREETS No. 49 Request For Permit To Collect Refuse And Garbage In The City of Buffalo Natural Environmental, Inc., 718 Elk Street Buffalo, New York has made an application for a permit to collect and haul refuse' and garbage in the City of Buffalo. This is a small business and I have no objections to your approval for this request. Attached is their application for the permit. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION No. 50 Monthly Report of Licenses Issued - April 1996 I am respectfully submitting the enclosed report of licenses issued in the month of April 1996 by the Division of Housing & Inspections/Licenses. RECEIVED AND FILED. No. 51 Solicitation of Funds Permit United Children's Fund Attached is an application for Solicitation of Funds Permit for the United Children's Fund to solicit funds in the Buffalo area from July 15, 1996 to August 15, 1996. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. REFERRED TO THE COMMITTEE ON FINANCE. No. 52 NYPIRG - Solicitation of Funds Item #83, C.C.P. 4/30/96 In reference to Item #83, C.C.P. 4/30/96 "NYPIRG-Solicitation of Funds", no application by the organization has been filed with the Division of Housing & Inspections/Licenses as per required under Article VI, Chapter 316, "Peddling & Soliciting". Until such time as an application is filed giving the name of the organization, accredited officers, addresses and a financial statement of the organization for the last preceding fiscal year I have no recommendation. REFERRED TO THE COMMITTEE ON FINANCE. No. 53 Restaurant/Dancing Class IV 1683 Main Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Restaurant/Dancing Class IV License located at 1683 Main and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant/Dancing Class IV is being sought and according to the attached reports from the Fire Department and the Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Francis R. Law. The report from the Police Department recommending approval is attached hereto for the Bflo. Roadhouse at 1683 Main. This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 54 Report of Emergency Bid -107 Alabama Street Due to the very serious and hazardous condition of the building located at 107 Alabama Street our department ordered the immediate boarding of all windows and door openings on both the first and second floors and the removal of the fire escape on the south side of the building. Please be advised, therefore, that offers to perform this work were solicited on May 8, 1996 and that the contract will be awarded to the lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/AMT OF BID 107 Alabama Street C. R. Renovations Alabama House, Inc. c/o Samuel Tuchman $3,800.00 69 Nottingham Terrace Buffalo, New York Please be further advised that the contractor will add fifty-five feet (55') of fencing along the northwest corner of the building. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person benefitted, under the provision of Chapter 113 of the Ordinances. Mrs. LoTempio moved: That the Commissioner of Neighborhoods, Housing and Inspections be, and he hereby is authorized to award an emergency board-up contract to C.R. Renovations, the lowest responsible bidder at the property known as 107 Alabama Street, in the amount of $3,800.00. Funds for this project shall be charged against the Special Assessment Fund #500-000-002-0000 and the cost shall be collected against the owners or persons benefitted under the provision of Chapter 113 of the cost of the city of Buffalo. PASSED. AYES - 13 NOES - 0. No. 55 Downtown Special District Revised Vending Sites for 1996-1997 Please be informed that I am submitting the attached list of approved revised sites for the Downtown District Vendors for 1996-1997 from Buffalo Place. RECEIVED AND FILED. No. 56 P. Garvey - Concerns Regarding Wegmans Project Item No. 93, C.C.P. 4/30/96 In response to the above stated Common Council communication I would like to supply your Honorable Body with the following information. The Department of Neighborhoods, Housing and Inspections is the City Agency responsible for the inspection all phases of the construction on any given private or public improvements relating to buildings and structures. The exception to this is of course is Federal, State and Board of Education owned buildings. The concerns raised in the Garvey communication although having merit are not within the jurisdiction of our Department. If publicly owned land is available or can be acquired for use if public parking for the residents of this neighborhood, the demand of these residents would be partially met. It seems that the neighbors also are concerned about the installation of a berm related to the Wegmans project. This issue should be directed to the Department of Community Development, Division of Planning for their response. Please rest assured that the Department of Neighborhoods, Housing and Inspections will monitor this project for conformance with Building Codes and generally accepted practices of construction. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 57 Exp. Demo. Deteriorated Bldgs. Item No. 171, C.C.P. 4/30/96 In response to the above stated Common Council communication I wish to supply your Honorable Body with the following information. The Department of Neighborhoods Housing and Inspections is responsible for the mechanism of the actual physical razing of properties identified for demolition. Our department performs the bidding, awarding of the contract and the inspection of the demolition on any given property. We act on referrals and notice from the Department of Fire and The Department of Audit and Control. We perform all demolition work for these departments. When a privately owned building has deteriorated to the point where demolition is the only option, we in the Division of Housing and Inspections are obligated to conform with the Charter and Ordinance of the City of Buffalo, particularly, Section 113, Unsafe Buildings. The legal avenues outlined in this Code section must be followed to protect the City of Buffalo from Legal claims. Currently a property must be in arrears on it's taxes for three consecutive years before the City Assessor takes foreclosure or in-rem action. The stock of dilapidated structures continues to increase and inversely our funding capabilities continue to decease thus creating a overwhelming inventory of building to be demolished. During the past several years cooperative efforts between the Division of Housing and Inspections City Housing Court and The Division of Collections of the Department of audit and control has resulted in the creation and implementation of the 'Demo-Court" process, This program has resulted in a dramatic increase in the collection rate for the demolition costs incurred by the City of Buffalo. If a program were to be instituted for owners who wish to donate their property to the City of Buffalo, they would have to petition the Common Council. As your Honorable Body would have to vote to accept or reject a gift to a public organization. The Department of Collection is using the most recent technology and method to trace and search out the owner of properties being demolished at the City of Buffalo expense. This practice includes placing reports of delinquent bills due to credit reporting organizations. There is nothing that has a greater negative impact on any given neighborhood that an open, vacant and dilapidated building. It not only has an adverse affect on property values but also subjects the neighboring properties to unfair redline practices established by insurance companies and lending institutions. The redlining tactics send a message to the community that all hope is lost, thus becoming a feeding source for the continued proliferation of vacant, open and dilapidated buildings. As the inventory of dilapidated properties increases we strongly suggest an increase in the funding source for the demolition of these dilapidated structures throughout the City of Buffalo. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON FINANCE. No. 58 Request Detailed Information from ADM Item No. 174, C.C.P. 4/30/96 In reference to the above stated Common Council communication I would like to supply your Honorable Body with the following information. We in the Department of Neighborhoods Housing and Inspections have no Permit application requirements for private demolition specifying the structural integrity of any building. Once the Performance Bond and proper insurance have been received and approved by the Department of Law, the Demolition Permit is issued as a matter of Right. The exception to this of course is when a building has been deemed historically significant by a certified local or federal agency dealing with buildings of this nature. On September 12, 1990 a permit to demolish The Great Northern Grain Elevator was applied for by Kimmons Demolition and Construction Company. As part of the permit process certain criteria must be met. In the case of the Great Northern Grain Elevator, a certificate of appropriateness or a Certificate of No Effect must be generated and delivered 'Lo the Permit office by the Buffalo Preservation Board. This release is necessary for the issuance of the Permit to demolish this structure. I would like to take this opportunity to inform your Honorable Body that at this time we are considering this application for demolition, abandoned, according to Section 103-5 of the Charter and Ordinance of the City of Buffalo. This action makes this application null and void. It is my understanding that the Division of Housing and Inspections is awaiting information from the Buffalo Preservation Board as to the new local responsible agent for this property. Once this information is at hand the Division of Housing and Inspections is prepared to cite the violations of the Housing and Property Code and to refer this case to The City of Buffalo Housing Court for prosecution. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 59 Sale of Pagers/Beepers to Minors In response to the above stated Common Council communication I would like to supply your Honorable Body with the following response. We in the Department of Neighborhoods, Housing and Inspections agree with the opinion of the Department of Law. We agree that the sale of pagers to minors is outside the scope of the powers of the City of Buffalo and is not legally enforceable. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 60 Claim for 378 William The Department of Neighborhoods, Housing and Inspections is in receipt of your Honorable Body's communication dated May 9, 1996 and I wish to supply your office with the following information. According to our records in the Permit Office four Building Permits were issued for the repair work to this structure. The total dollar amount expended for this work was approximately $35,000 (Thirty five thousand dollars). This total does not include any monitory expenditures for remedial Plumbing, Electrical or heating work. Please find attached a copy of a communication sent By Robert Sienkiewicz, Director of the Mayor's Task Force on Housing, to Mr. Larry Wolf, Assistant Corporation Counsel outlining the action taken regarding this property. Please also find attached an Inspection report by Building Inspector Arthur Kostrewa referencing the reports to this building. It is my sincere hope that this correspondence and the attached reports will satisfy your inquiry. REFERRED TO THE COMMITTEE ON CLAIMS. No. 61 Review Taxi/Livery Ordinance Item #180, C.C.P. May 14, 1996 In reference to Item #180, C.C.P. 5/14/96, "Review Taxi/Livery Ord.", it is my opinion that the taxi and livery ordinance needs to be reviewed and updated to include both the transfer of taxi and livery violations to the city's Bureau of Administrative Adjudication and the licensing of non-emergency medical transport vehicles and drivers. The transfer of taxi and livery violations to Administrative Adjudication will further free-up City Court for more serious violations. The licensing of non-emergency medical transport vehicles and drivers will give the city the ability to regulate this industry. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 62 Ord. Amend. Ch. 137 Code Enforcement Item No. 181, C.C.P, 5/14/96 The proposed changes in the ordinance amendment will allow a ticket writer an option as to the method of service of the summons. Additionally, first class mail as opposed to registered mail will be more cost effective for the City while still providing residents with the requisite due process. I trust this answers your question. RECEIVED AND FILED. No. 63 Major Trash Pickup Dates 1996 Item No. 167, C.C.P.. 5/14/96 The Bureau established procedures in April of this year to administratively dismiss street sanitation summonses that were written for violation of the "extended pickup dates," i.e. more than two articles of trash out on garbage day. After the summons is administratively dismissed, a notice of that dismissal is sent to the resident (copy attached). I trust this answers your question. RECEIVED AND FILED. No. 64 Review Taxi/Livery Ordinance Item No. 180, C.C.P. 5/14/96 Once the appropriate ordinance amendments are passed by your Honorable Body, the Bureau of Administrative Adjudication will design the summons, establish the procedures to hear the violations and adjudicate the cases, Bureau Director Diane Devlin is available to assist the effort as needed. I trust this answers your question. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 65 Bond Closeout Item No. 17, C.C.P. 5/14/96 The administration is in support of the proposed bond closeout. The funds were originally raised (in a prior administration) to purchase the City auto impound at 189 Tonawanda Street; we no longer plan to purchase the property, but instead to stay for the term of our lease. Once the lease expires, we will either negotiate a short term extension (e.g. 1 year) or move to an interim site-, we eventually plan to consolidate the impound with all city garages at a single site. I trust this answers your question. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. No. 66 Sale of Ferry Street Bridge Item No. 188, C.C.P. 5/14/96 In lieu of answering the questions raised in the resolution, I would like to refer your Honorable Body's attention to information filed today by Corporation Counsel concerning the payment of police and fire arbitration awards. Included in that package is an increased appropriation, to salary accounts in police and the salary adjustment account, that is funded through a $3 million payment by the Buffalo Sewer Authority. About half of the increased appropriation will be spent in paying the awarded increases in salary and benefits for police; the other half will be reserved against an anticipated similar award for the fire union, which has traditionally received parity with police and with whom we are essentially at impasse. The Sewer Authority is not, however, purchasing the Ferry Street Bridge. The Corporation Counsel's package includes the agreement under which the payment is being made. Essentially, the Sewer Authority is paying the City for the right to not pay, going forward, its annual user fee ($250,000). The Sewer Authority has the funds available and is in agreement with this plan. The ownership of the bridge itself will not change. I would urge your Honorable Body to review the Corporation Counsel's package and to approve the increased appropriation at your meetings, on the 28th, along with the salary ordinance amendments for police, that the city have funds with which to pay the police award and reserve against the anticipated award in fire. But for this increased appropriation we do not anticipate having adequate funds to make these payments, due to the size of the mid-year gap that was experienced this year. With this increased appropriation, we will have adequate funds to make the payments and close the year on balance. I trust this answers your question. RECEIVED AND FILED. No. 67 PILOT Payment--667 Main Item No. 87, C.C.P. 5/14/96 This office supports the notion of PILOT payments wherever possible in City supported developments, we have generally taken the position that the payment amount must be reasonable as far as project cash flows are concerned, and should increase by some amount each year (as do the City's expenses). With respect to the specific negotiation at 667 Main, I would defer to Corporation Counsel as I while I am aware of it I have not been part of the ongoing negotiation. I trust this answers your question. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION No. 68 Season Golf Pass "Rain Check" This communication is to inform the Council of a serious grub problem at the Delaware, Park Golf Course. Large areas of the "Meadow" grass have been eaten away by grubs leaving behind large areas completely defoliated of any of any grass. We are working with the Cornell Cooperative Extension to resolve the matter. Poor playing conditions, as a result of the infestations, have caused the Delaware Women's Club to ask for a new temporary playing site. We have honored their request and made arrangements for their once-a-week use of South Park Golf Course. I have received the first request for a season pass refund. Since we have a no refund policy, it is our intention to offer a "rain check"' for season pass purchasers. Golfers would turn in their season pass for this year and would be issued a letter of credit for next year's season pass. This will eliminate the need for Delaware season pass holders to file a claim with Council for a refund. Please advise if the Council has some objection to this plan. REFERRED TO THE COMMITTEE ON FINANCE. No. 69 Parking for Friendship Festival It is the Commissioner's intention to allow the Friendship Festival to use Front Park for supervised for-pay parking on July 3 and July 4th, 1996. As the Council is aware, the City does not support the Festival with any financial resources. The Department of Parks and Human Services, along with other Departments do provide support services. This plan would provide the following benefits to the Festival and to the Department: 1. Supervised control of cars parking in Front Park, unsupervised parking in the Park allowed for cars parking , on grassy areas resulting in damage to park lands. If other conditions allow, parking will be allowed on some grassy areas. But, if grounds are wet, parking supervisors will prohibit such parking. 2. In years past, Parks, Dept. personnel may have, had to be brought in on overtime to prevent damage to Front Park. 3. Little League groups who use La Salle, Park will manage Front Park parking and will benefit financially, as will the Festival itself It is our understanding that the anticipated fee for parking will be $4.00 or $5.00 per car with 50% going to the Little League and 50% to the Friendship Festival. Hopefully, a similar arrangement for cleanup will be offered to the Little League groups to benefit from the Festival. REFERRED TO THE COMMITTEE ON FINANCE. No. 70 NYS Grant for Exercise Equipment- Machnica Center We are informing your Honorable Body that this office Is in receipt of a $10,000.00 grant from New York State for the purchase of exercise equipment for the Machnica Center. The grant was procured by the Kaisertown Advisory Community Council (KACC) specifically for this equipment. The Comptroller will be asked to set up a T & A Account to facilitate the deposit of the check and the payment of the bills for the equipment. Please be advised that equipment bids (three) were done in advance and as a condition of awarding of the grant from the State. Your attention to this matter is greatly appreciated. Mrs. LoTempio moved: That the communication from the Human Services, Parks & Recreation, dated May 23, 1996, be received and filed; and That the Commissioner of Human Services, Parks & Recreation be, and he hereby is authorized to accept a $10,000 grant from New York State for the purchase of exercise equipment for the Machnica Center and that the Comptroller be, and he hereby is authorized to set up a T & A Account to facilitate the deposit of the check and the payment of the bills for the equipment. PASSED. AYES - 13 NOES - 0 FROM THE CIVIL SERVICE COMMISSION No. 71 Residency of Frank Puma, Sr. The Civil Service Commission is in receipt of information from Frank Puma, Sr., advising that he has reestablished City residency at 63 Coburg Street, Buffalo, New York 14216. Mr. Puma was appointed on November 20, 1995, as a Motor Equipment Maintenance Supervisor I in the Buffalo Police Department and, in accordance with CCP 130 dated December 28, 1976, must establish City residence within six months from the date of appointment. RECEIVED AND FILED No. 72 R. Mikos - Complaint - Civil Service Status CCP 81 - April 30, 1996 Please be advised that in accordance with Section 61(l) of the Civil Service Law "appointment or promotion from an eligible list to a position in the competitive class shall be made by the selection of one of the three persons certified by the Civil Service Commission as standing highest on such eligible list who are willing to accept such appointment or promotion"; Mr. Randall Mikos' name was certified from the Maintenance Assistant (Sewer Cleaning) eligible list to the Buffalo Sewer Authority. The department head appointed one of the three names certified. This procedure was in accordance with Section 61 (I). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK No. 73 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 884 Main Street Roxy's Buffalo Inc. Thomas P. Murphy Buffalo, NY 14202 RECEIVED AND FILED. No. 74 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Public Works - William Barnes Police - Donald Hunt Fire - Ron Johnson Human Services, Parks and Recreation - Barbara Carson RECEIVED AND FILED. No. 75 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority City Planning Board RECEIVED AND FILED. No. 76 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective May 13, 1996 in the Department of Common Council, to the Position of Intern V, Seasonal at the Flat Starting Salary of $8.00 per hr. Michelle Epps, 487 Highgate Ave., Buffalo, NY 14215 Appointment Effective May 21, 1996 in the Department of Common Council, to the Position of Intern IV, Seasonal at the Flat Starting Salary of $6.00 per hr. Hadley Pawlak, 634 Amherst St. Buffalo, 14207 Sarah Mangus, 506 Fillmore, Buffalo, 14206 Appointment Effective May 21, 1996 in the Department of Common Council, to the Position of Intern V, Seasonal at the Flat Starting Salary of $8.00 per hr. Laura Gang, 42 Mumford St., Bflo, 14220 Michelle Maccagnano, 229 Summit Ave., Buffalo, NY 14214 Appointment Effective May 23, 1996 in the Department of Common Council to the Position of Intern V, Seasonal, at the Flat Starting Salary of $ 8.00 per hr. Lori Ann Rich, 603 Crescent Ave., Buffalo, 14214 No. 77 Appointments-Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Appointment effective May 14, 1996 in the Department of Mayor, Division of Youth Opportunity & Employment Pprogram to the Position of Intern III, Seasonal, at the Starting Salary of $5.00/hr. Diane Lemanski, 126 Peabody Street, Buffalo, NY 14210 Appointment Effective May 21, 1996 in the Department of Mayor's Office Division of Youth Opportunity and Internship Program, to the Position of Intern IV, Temporary at the Flat starting Salary of $6.00 hour Peter J. Savage, 207 West Ferry Street, Buffalo, NY 14213 Appointment Effective May 21, 1996 in the Department of Mayor's Office Division of Youth Opportunity and Internship Program, to the Position of Intern V, Temporary at the Flat starting Salary of $8.00 hour Jason Bailey 74 Putnam, Buffalo, N.Y. 14213 Dodie Mann, 128 Cumberland Avenue, Buffalo, N.Y. 14220 Janet Sieckmann, 156 Densmore Street, Buffalo, N.Y. 14220 Daniel Lombardo, 116 Bidwell Parkway, Buffalo, N.Y. 14222 Appointment Effective May 22, 1996 In the Department of Mayor's office Division of Youth opportunity and Internship Program to the Position of Intern III, Temporary, at the Flat Starting Salary of $ 5.00 Brian Kreutter, 204 Sanders Rd. Apt. #2, Buffalo NY, 14216 Deana LoVallo, 12 Wellington Rd., Buffalo NY, 14216 Appointment Effective May 22, 1996 in the Department of Mayor's Office Division of Youth Opportunity and Internship Program, to the Position of Intern IV Temporary, at the Flat Starting Salary of $6.00 hour Timothy Maloney, 216 Lexington Avenue, Buffalo NY, 14222 Appointment Effective May 23, 1996 in the Department of Mayor's Office Division of Youth opportunity and Internship Programs to the Position of Intern III, Temporary at the Flat Starting Salary of $5.00. Corey Stewart, 603 Bird Ave., Buffalo NY 14222 No. 78 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF STADIUM & AUDITORIUM Appointment effective May 20, 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. Kurt McGowan, 8 Fields Street, Buffalo, 14210 DEPARTMENT OF AUDIT & CONTROL Appointment effective May 13, 1996 in the Department of Audit & Control, Division of Real Estate, to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22. Angela Panaro, 462 Parker Avenue, Buffalo, New York 14216 DEPARTMENT OF PUBLIC WORKS Appointment effective May 22, 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. John Iapichino, 514 Tonawanda, Buffalo, NY 14207 Appointment Effective May 28, 1996 in the Department of Public Works Division of Water to the Position of Water Service Worker Seasonal, at the Flat $6.26/hr. Michael F. Buttitta, 50 Commonwealth, Buffalo 14216 Terry Campbell, 262 High St., Buffalo, 14204 James Mascari, 290 Sterling Ave., Buffalo, 14216 Thomas M. Smith, 566 LaSalle Ave., Buffalo, 14215 Appointment effective May 22, 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. Robert Walker, 134 Vandalia Street, Buffalo, NY 14204 LAW DEPARTMENT Appointment Effective May 20, 1996 in the Department of Law to the Position of Law Clerk, Seasonal, at the Flat Starting Salary of: $ 5.85 Lenora Foote, 49 Rounds Avenue, Buffalo, NY 14215 STREETS DEPARTMENT Appointment Effective May 15, 1996 in the Department of Street Sanitation to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr. Mark J. Giardina, 74 Tennyson Avenue, Buffalo, NY 14216 DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION Appointment Effective May 20, 1996 in the Department of Human Services, Parks & Recreation Division of Youth, Supervisor, Temporary, at the Flat Starting Salary of $5.20 p/h Roxanne Casey, 143 Hamburg, Buffalo 14204 DEPARTMENT OF GENERAL SERVICES Appointment Effective: May 21, 1996, in the Department of General Services Division of Inventory & Stores to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92. Jesus D. Acosta 309 Fargo Ave., Buffalo, N.Y. 14213 No. 79 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 POLICE Appointment Effective May 20, 1996 in the Department of Police to the Position of Police Photographer, Permanent, at the Flat Starting Salary of $44, 733. Larry Pierce, 82 Bernice Drive, West Seneca, N.Y. 14224 Appointment Effective May 20, 1996 in the Department of Police to the Position of Civilian Public Safety Dispatcher, Provisional at the Minimum Starting Salary of $23,703. James J. Collopy, 898 Parkside Ave., Buffalo, NY 14216 DEPARTMENT OF FIRE Appointment Effective May 13, 1996 in the Department of Fire to the Position of Firefighter, permanent, at the minimum Starting Salary of $30,860. Martin V. Barrett, 25 Portland - 14220 David M. George, 170 Hollywood - 14220 John P. McAllister, 364 Cumberland - 14220 Terry Dickinson, 74 Elmwood - 14201 Samuel J. Giovani, 363 Sanders- 14216 Gary Myers, 39 Mapleridge - 14215 Kenneth P. Jones, 181 Kay Street - 14215 John J. Keany, 776 Auburn - 14222 Brian P. Scanlon, 129 Whitfield - 14220 Michael J. Lotocki, 86 Densmore - 14220 James P. Weitz, 95 Athol - 14220 Christopher M. Lasky, 91 Eaglewood - 14220 Raymond O. O'Neill, 35 Ramona - 14220 John P. Piegay, 77 Turner - 14220 Patrick J. Browne, 116 Densmore - 14220 Christopher M. Higgins, 182 Kentucky - 14204 William LaRusch, 24 Tamarack - 14220 Dale D. Bless, 34 Eden - 14220 Richard O'Keefe, 70 St. James Place - 14222 Joseph Kalinowski, 58 Kamper - 14210 Robert A. Urbino, 103 Weiss - 14206 William T. Buyers, 62 Rosemary - 14216 Patrick J. Stanton, 97 Red Jacket Pkwy- 14220 Jason M. Czora, 31 Avery - 14216 Clark P. Reinard, 98 Weaver - 14206 Timothy C. Smith, 66 Hansen - 14220 Michael J. Jaskula, 53 Titus - 14212 James M. Kelly, 11 Maywood Pl. - 14210 Vincent A. Ventresca, 84 Lorraine - 14220 Daniel J. Milovich, 85 Philadelphia - 14207 Jeffrey M. Yaskow, 29 Rother - 14212 David Gardner, 51 Royal- 14207 Michael J. Chase, 811 McKinley Pkwy. - 14220 Paul J. Higgins, Jr., 175 Kentucky Richard M. Panowicz, 307 St. Lawrence - 14216 Marcus J. Herring, 254 Manhattan - 14215 Lee Mallory, 1029 Kensington - 14215 Kristian T. Woods, 215 Stockbridge - 14215 Rodney D. Johnson, 188 Hughes - 14214 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 80 ALLRIGHT PARKING BUFFALO, INC. Possible Sale of City-Owned Parking Ramps As per Resolution 175, C.C.P. April 30, 1996, Possible Sales of City-Owned Parking Ramps, Allright Corporation of Houston, Texas hereby requests the same opportunity that has been extended to Equity Capital Holdings, LLC, affiliate of Equity Group Investments with regard to the possible purchase of the City-Owned Parking Ramps. Allright Corporation, through its subsidiary, Allright Parking Buffalo, Inc. has operated parking facilities in Buffalo since 1966. We currently operate 49 locations in the Buffalo Area, employing over 150 people. Allright has already established a long term investment interest in real estate in Buffalo through the ownership of six (6) properties, short and long term leasing contracts with 29 entities such as the City of Buffalo, Buffalo Urban Renewal Agency, New York State Thruway Authority, County of Eric, Ciminelli Development, Marine Midland Bank, Ellicott Development, Buffalo General Hospital and many other well respected property owners. In addition we currently consult/manage 9 parking facilities owned by the city and leased to Buffalo Civic Auto Ramps, Inc. along with facilities managed for others including the Buffalo Hilton, the Board of Parking, and surface lots owned by Buffalo Medical Group and Empire Realty Credit Corp. The management of Allright Corporation and myself, as local manager, community leader and eleven year resident of the City of Buffalo, are well aware of the current market relative to parking in Downtown Buffalo and would offer the competitive bidding required by the City Administration. We request, at this time, any and all materials that have been offered to Equity Capital Holdings and any other interested buyers. Please give me a call at 849-5811 if you have any questions. REFERRED TO THE COMMITTEE ON FINANCE. No 81 BCAM Appts. To BCAM Board I have received a copy of Council President James W. Pitts' letter to BCAM Board President Jimmie J. Green of May 3, 1996 (attached), BCAM's Nominating Committee has always before consulted widely with our Board and staff, and with Council persons and community members, to develop a diverse slate of nominees for the Board's seven Council-appointed Board positions. BCAM is the only television station operated by and for the people of Buffalo. Each of us wishes BCAM to be independent and to represent the full diversity of Buffalo. These seven positions must in any case be approved by the entire Common Council, thus guaranteeing City-wide representation. I am concerned that Mr. Pitts' letter suggests that BCAM must adopt his personal appointments, without the Council's approval. Ms. Michelle Howard, who is BCAM Interim Operations Director, also reported to BCAM Board President Jimmie Green that, in a telephone conversation, Mr. Pitts indicated two of the recommended appointees were individually appointed by other Councilmembers. It is important for BCAM's diversity that the Board's Nominating Committee conclude its review of a fully diverse slate of candidates before the Council approves Board appointments. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS. No. 82 BEDC Change of Address Please be advised that the Buffalo Enterprise Development Corporation (BEDC) will be moving to 620 Main Street, Buffalo, New York 14202 on June 1, 1996. Our new phone number will be 842-6923. Official Notices should be sent to Daniel S. Bicz, President, Downtown Development Inc. (DDI) will also be located at 620 Main Street. Official Notices should also be forwarded to the attention of Daniel S. Bicz. By way of copy, we will inform the Council of these new addresses to ensure that we are properly notified. RECEIVED AND FILED. No. 83 G. BUCK Resignation-EMC After long and careful consideration, I have decided to resign from the Environmental Management Commission (EMC) solely on the basis that all city-based board members are required by City Ordinance to complete a detailed disclosure form. I serve on a number of local and national committees and boards, none of which ask for such detailed information pertaining to my extended family. Given that the EMC is only an advisory board, the level of information requested seems unwarranted. As you know, the EMC does not have policy capability, and members serve without any financial payment. Please be assured that I feel quite strongly about ethical considerations and standards of practice guidelines for board members, but not to the extent required by the City of Buffalo. In my opinion, the current disclosure policy is counterproductive to the best interests of the City of Buffalo in that it will minimize involvement- of city residents who either do not have the time or resources available to complete the disclosure or who choose not to provide highly confidential information on themselves and related family members. I have directed this letter to you. Given that the EMC is currently without a chair. I trust that I have acted accordingly. I also would like to add that I am sending a copy of this letter to my elected officials who have the authority to address the larger issue at hand. In closing, I would like to thank you and the entire EMC for your continual efforts. I would be happy to assist the EMC as needed, although largely as a citizen advisor. Good luck in future endeavors. Thank you for your attention given this matter. RECEIVED AND FILED. No. 84 BILL CLINE Problems-Ice Time-Lafayette Ice Rink-Hockey League The Buffalo high school varsity hockey league has found it very difficult to acquire ice time at the Lafayette ice rink in North Buffalo. After having ice during the 1994-95 hockey season, we were shut out during the 1995-96 season. It is our understanding that the lease agreement that the city of Buffalo has with the organization operating the Lafayette rink was supposed to offer any ice to organizations that skated during the 1994-95 season. This was not done, After talking to Jim Lorentz about acquiring ice time for tryouts for our teams we were looking to book 18 hours of ice at the end of September, first week of October, and another 6 hours of ice for the week of October 15th. The only ice we were able to get was 5 hours from September 23-27, Mr. Lorentz told me the ice was all booked thru the end of October. When I asked Mr. Lorentz about acquiring ice time in November, December of January, Mr. Lorentz told me he had to meet with Judge LaMendola and to call back in early June. It is the opinion of the high school hockey board that the organization running the ice rink is in violation of its lease with the city and therefore we believe that all prior ice should be null and void. This rink was built with taxpayers money and is being maintained by city employee. The high school hockey league is made up of players that live in the city of Buffalo and they should be able to play and practice at this city facility, at a reasonable time. Whenever you try to get ice time the only time they tell you that it's available is Saturday or Sunday morning at 7:00 am or Saturday or Sunday night at 10:00 p.m. or 11:00 p.m. The high school hockey league is run strictly by volunteers. The league's goal is to make it possible for kids who want to play hockey be on a team. In a lot of cases the boys pay for their own ice cost. When a player or family needs help the league has offered financial assistance, and in sonic cases have found equipment for some of the boys to play in. We are trying our best to set up a program where 120 plus kids have a place to go 4 or 5 days nights a week, instead of a street corner, This is why we are asking the Council's help in getting the ice back at the Lafayette rink that the boys rightly deserve. We would like to go through the proper channels first before we take the next step. It would be greatly appreciated if you could help us with this major problem. If you have any questions please feel free to call me; home: 875-6831 work: 887-3544 Mon.-Fri. 6 am- 1:45 pm. Thank you. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS. No. 85 WILLIAM DESCHENES Appeal Appointment Status Item #96, CCP, 4/30/96 I William J. Deschenes would like to appeal item #94 dated March 05, 1996 in which wits held over to a meeting held April 30, 1996 in reference to item #96 in which at that time the disposition was LOST. It is my understanding that the reason it was lost is that I do not reside in the City of Buffalo. There is a vast number of individuals that were promoted in the Streets & Sanitation Department that are receiving top wage scale. Before I took this promotion I was advised by the Streets Department that I would be receiving top wage scale of $24,914.00 since I have 15 years with the Board of Education. Therefore, since I do not reside in the City of Buffalo at this time the Common Council has refused to approve my position at top pay scale of $24,914.00. Therefore I feel I am being personally discriminated against and would like to appeal this matter again. Hopefully we can settle this issued between the Common Council members and myself without taking this matter any further. Attached please find copy of certificate of appointment stating the starting salary of $24,914.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 86 WM. DUELL Complaints-Condition of Delaware Golf Course As a thirty year seasonal golf permit holder and resident of Buffalo, N.Y., I write to ask the following question: When are you going to address and improve the fairways at the Delaware Park Course? To be specific on the aforementioned, I state the following fact. Pursuant to one of your green's keeper, "The golf course at Delaware Park has grub worms." In addition, but most important, "the fact that we do not use pesticides, the grub worms are killing the grass growth." This problem existed in 1995 and continues to exist in 1996. Therefore, how do you expect the golfing public to support the Delaware Park Golf Course? In 1995, I and numerous other seasonal golf permit holders, in addition to daily fee paying golfers, held our complaints relevant to the conditions of the golf course. However, given the fact that you either do not care about the reduction in revenue or valid complaints of we golfers, it is time that we speak. When are you going to address the poor conditions of this golf course? Lastly, out of respect for you and all public officials, elected and appointed who have a tough job to do, I write to complain internally. Nevertheless, if my complaint is to no avail, I think the time has come to go public. In closing sir, I have asked my fellow golfers to hold their actions (Boycott of Delaware Park Golf Course or not buying their season permit for 1996) in obeisance until you have responded to this letter. Thanking you in advance, I remain. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION. No. 87 FRIENDSHIP FESTIVAL Use Front Park- Parking Lot- July 4th On behalf of the Friendship Festival Executive Committee, I am requesting the use of Front Park on July 4' ' 1996, for a supervised parking lot. This fund raising opportunity would be jointly managed by Al Marino, President of the Little League Association and The Friendship Festival Executive Committee. We will respect the decision of the parks superintendent, Dan Durawa as to weather and ground conditions for use of the park on July 4. Thank you for your consideration on this matter. I look forward to your response on our request. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 88 S. HORWITZ Acquire 1 Race- Bd. of Education Item # 22, CCP, 4/16/96 This office represents Sheldon Horwitz, owner of 1 Race Street, Buffalo, New York. There is presently before you a contract as signed by Mr. Horwitz to formalize the sale of his property to the City of Buffalo for the amount of $50,000.00. These negotiations have been ongoing since the beginning of this year and he has been extremely patient in awaiting Council's approval of the contract. Inasmuch as this matter was again recently tabled, we can no longer accept the Council approval of this contract. Accordingly, we are hereby notifying you that, on behalf of Mr. Horwitz, said contract proposal is rescinded. Should the City be willing and able to extend an offer of $56,900.00, Mr. Horwitz' original asking price, he would be willing to accept the same. This delay on the part of the City has caused Mr. Horwitz time and expense which he will be otherwise unable to recoup. REFERRED TO THE COMMITTEE ON EDUCATION. No. 89 S. MARTOCHE Thank you- Reappt. to Library Bd. of Trustees It was a pleasure to speak with you the other day, and I wanted to take the time to express my sincere appreciation for the confidence you have repeatedly expressed in me, and in particular the kind words (both private and public) regarding my reappointment to the Buffalo and Erie County Public Library Board of Trustees. As we both know, these are difficult and challenging times for the City of Buffalo and County of Erie. The resources available to our community as a whole are diminishing almost daily, and the potential for disharmony, distress and destain among the City and its neighboring towns and villages is alarming, and, as I am sure you will agree must be minimized at all costs. I am proud to have served on the Library Board for the past five years, and as Chair for three of those five years. Exciting opportunities are currently being discussed with respect to the future of the Library, which, if brought to fruition, will be helpful to the Library, the City of Buffalo and County of Erie. It is my firm belief that I will continue to make a valuable contribution as a member of the Board. Our new Director, Dan Walters, is a dynamic individual, and our Chair, Robert Plache, is a wonderful consensus builder. The Board as a whole encompasses a diverse, dedicated and hard working cast of individuals and I am proud to serve along side each one of them. I am equally proud to have resided in the City of Buffalo my entire life, with the exception of my service in Washington, D.C. My passion for the City, Erie County and the Library serves as a constant momentum in my attempt to assist each in realizing its fullest potential. Your continued input on my behalf is greatly appreciated. REFERRED TO THE MAYOR. No. 90 NATIONAL INNER CITIES YOUTH OPPORTUNITIES INC. Request Lease-MLK Casino Bldg. As you are well aware, the National Inner Cities Youth Opportunities, Inc, and it's programs such as the, Randy Smith Basketball League, Inner Cities Youth Baseball, General Bass Tennis League, Division for Youth Yes Program., Alternative to Violence Program, and Buffalo Crusaders Drill Team have provided quality youth services for the City of Buffalo for twenty-two (22) years. We consider ourselves to be a partner with the City and support your efforts to make sure that eve youth has an opportunity to succeed. We are still committed to the City of Buffalo and would like to continue to work with City, by requesting a Twenty-five (25) Year Lease at $1.00 Per Year for the Martin Luther King, Jr., Park Casino Building, including the Basketball Courts and Tennis Courts. You may ask why this request after 22 years. Well as the Executive Director of NICYO, I do not have any Health Benefits, Life Insurance, Death Benefits or Pension or Retirement Benefits. I am a divorced single mother that has raised three children and is still the sole provider for one child, If something happens to me before my 18 year old daughter graduates from college, she is out of luck. Even with all of the above in mind, my family and I are willing to make the necessary sacrifices that will allow me to continue to give all that I have to my community. In 25 years I plan to retire and hopefully leave the Agency in the hands of the Young people that I am helping to mold. Until then I need to concentrate on providing services, instead of fighting off people like Dorothy Collier for my program site. We will continue to make the Casino available for the Juneteenth Festival, Peoples Theater Group, MLK Block Club and MLK Park Steering Committee, who currently utilize the facility. We also will continue to make the Casino available for our Community Parents and Children for their various meetings. We will also continue to make the Casino available for Birthday Parties, Gospel festivals and Weddings when our floor is remodeled. Remember, when the Casino had only one bathroom, no heat, no hot water, had very large Rats, who said hello to me every morning (Smile). NICYO had faith in the City and remained in the Building , provided services and didn't complain. We have paid our dues and we thank you in advance for your support and assistance, If you have any questions of are in need of more detailed information, please feel free to contact me at (881-3139) REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 91 NYS CIVIL SERVICE DEPT. Charter Amendment- AuthorityDirector of Collections This is in response to your letter of February 22, 1996, in which you sent us what appears to be a request from the Comptroller for the City Council to approve a Charter change to alter the authority of the Director of Collections. The State Civil Service Commission disapproved exempt classification for this position because the authority as a deputy was not contained in local law. The State Commission disapproved this request with the understanding that if the City of Buffalo were to change the charter to permit the Director of Collections to act as a Deputy pursuant to Civil Service Law, it would be receptive to exempt classification. Section 41 (1)(b) indicates that for deputies to be classified exempt the position must be "the deputies of principal executive officers authorized by law to act generally for and in place of their principals." A principal officer may not merely delegate this authority but the authority to act generally for and in place of the principal must be contained in law. The language contained in the proposal you sent appears to satisfy the requirements of Section 41. Once the Charter has been officially changed, you should notify the Buffalo Civil Service Commission so they can start the process of seeking a reconsideration for exempt classification from the State Civil Service Commission. Please contact me if you have any questions. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CORPORATION COUNSEL. No. 92 NYSDOT Ohio Street Bridge Over Conrail In consideration of the recent detour concerns raised by local industries, and the request of Councilmember Lockwood, we have done a reevaluation of the feasibility of stage construction as a method to maintain traffic on-site. We have again concluded that staging is not a feasible and prudent alternative for a number of reasons which I would like to elaborate upon. Substructure - Due to the skewed pier configuration and the framing layout, Stage 1 available roadway width would only allow for one-lane of reversing traffic. This would be accommodated on three (3) remaining girders and a portion of the pier capbeams. The particular locations of the girders in relation to the pier capbeam geometry would result in capbeam overhangs being created near the staging removal limit. The existing capbeams would have to be removed up to the staging line since the proposed girders will not clear over their top surfaces. These cantilevers in the existing capbeams present difficult conditions as these structural units were not designed to function in this manner. Shoring would have to be installed under the cantilevers which still support girders. Bracing between remaining columns would also be necessary since the stiffness characteristics of the rigid frame pier are substantially reduced when original columns and capbeam sections are removed. The proposed piers and pile footings would require complete redesign. Additional columns at closer spacings would be necessary. Special capbeams which would support the staging conditions on the new piers would also be required. General Construction Impacts - The use of stage construction, especially in projects with complex structural issues, has a number of undesirable results. 1. Construction time is substantially increased due to complexity and duality of major operations such as pile driving, pier cap construction, steel erection and deck placement. This project would require two seasons to complete. This would only prolong any public inconveniences. 2. Construction costs are substantially higher with stage construction. Estimated increases are approximately 30% over existing bid prices. This is an order of magnitude of $1M for this bridge. Durability - Stage construction necessitates more sensitive details to any constructed product. Construction joints are necessary at particularly vulnerable locations such as in the pier capbeams and bridge deck. In an effort to build more durable structures, which require less maintenance, designs strive to incorporate as few sensitive details as possible. This is of particular importance to the City since the City has maintenance responsibility for the completed structure. Traffic Safety - Stage construction would require a temporary traffic signal system to control the one-lane one-way reversing traffic during Stage 1. Given the length of the bridge (450 ft. ) and the length of adjacent work on the retaining walls and approaches, the signals would be approximately 1500 feet apart. The grades and length of the structure do not allow a vehicle to be seen from the other end of the bridge. Stopped traffic would have to wait for all traffic in the control area to clear before moving ahead. This presents a potentially hazardous situation where head-on collisions could occur if someone "jumps the light." Additionally, this signal system would require a third phase to allow for exiting traffic from the commercial driveway at the base of the north approach. Refer to the attached memorandum from our Traffic & Safety Group which recommends the off-site detour. We feel, therefore, that the original decision to not utilize stage construction as the method of traffic control for this project is well justified and based upon sound engineering judgement and in the best interest of safety to the users of Ohio Street. In addition, it should be noted that the contract that was ,let provides for an off-site detour. Stage construction could not be accommodated under the existing contract. The existing contract would have to be terminated and the Ohio Street bridge contract would have to be relet with different specification requirements and design details. Another major concern was having the two lift bridges operable once the Ohio Street/Conrail bridge is closed. It is my understanding that your office will assure that the Michigan Street Lift Bridge will be operable and able to be opened to emergency traffic in minutes, if required, on or before the June 3 closing of the railroad bridge. If you have any further concerns regarding the design aspects of this project, please contact me at 8473214. REFERRED TO THE COMMITTEE ON FINANCE. No. 93 NORTH BUFFALO COMMUNITY CENTER North Buffalo Ice Rink Attached is a report that we have submitted to Eva M. Hassett, Commissioner of Administration & Finance, regarding our operations at the North Buffalo Ice Rink. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMPTROLLER, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 94 TCI Notice of Rate Increase Please find attached our official affidavit for "Notice of Rate Increase" notification in the legal section of THE BUFFALO NEWS. The affidavit arrived at our office yesterday due to our running the notice in 4 consecutive Friday editions with May 3, 1996 being the last notice. If you have any questions or need further clarification of our affidavit, please feel free to contact me. RECEIVED AND FILED. No. 95 TCI Maintenance Of Equipment Program You recently received a letter from our office dated 5/8/96 outlining a maintenance program of our equipment within NYNEX manholes. The letter stated the work was to be done from 5/13 to 5/17/96. Due to unforeseen circumstances, the program start has been delayed until Tuesday, 5/29/96 and will continue to Friday, 5/3 1/96. Again, the work will be performed between 1:00 a.m. and 6:00 a.m. to minimize inconvenience to our customers. This work will affect customers in the area bounded by: Main St. and Humboldt Pkwy on the North Jefferson Ave. on the West Humbodlt Pkwy on the East East Ferry on the South If you have any questions or need to report a problem, please call me at 843-8048. RECEIVED AND FILED. No. 96 West Side Community Services Freedom of Information Law Request Information- Niagara District Community Development Block Grant Committee. Pursuant to the Freedom of Information Law, I am requesting copies of the following documents on behalf of West Side Community Services: 1. "Performance Target Outline" Forms: Copies of all forms reviewed by the Council Staff that were submitted by all community groups, service providers or other entities. 2. Niagara District Community Development Block Grant Committee Documents: Copies of all correspondence, minutes, program summaries, program evaluation forms, reports, recommendations, C.D.B.G. allocations, notes or other written materials produced by this committee and/or produced by its individual members. A list of the members of this committee including name, address, and occupation is also requested. The Freedom of Information Law allows five (5) business days to produce the requested documents. Therefore, I hope to receive the foregoing documents by May 29, 1996. If you have any questions, contact me at 884-6616. REFERRED TO THE ON COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL. PETITIONS No. 97 430 Niagara St. Assoc., owner, petition to use 430 Niagara St. for Health Care Center. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 98 Robert B. Sweeney, owner, petition to use 752 Elmwood for a sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 99 Pep Boys, owner, petition to use 1996 Elmwood for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 100 Cathedral Park Partners Tax Serv. Dept, owner, petition to use 1014 Delaware for pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 101 North Council District Residents - Opposed to Property Tax Increase of 13% and a Surtax for Garbage Collection. RECEIVED AND FILED. No. 102 D. Papki and Others - Opp. Sign at Park Lane Restaurant. RECEIVED AND FILED. No. 103 S.Ramsey, III and others - Request Gail Ave. be repaved. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. No. 104 J. S. Rejewski & Others - Request relief from deplorable conditions on the Conrail Property at North Ogden and Reiman St. REFERRED TO THE COMMITTEE ON LEGISLATION AND CONRAIL AND THE COMMISSIONER OF PUBLIC WORKS. No. 105 M. Vilardo and Others - Opp. User Fee & Increased Property Taxes. RECEIVED AND FILED. REGULAR COMMITTEES CIVIL SERVICE HON. DAVID CZAJKA CHAIRMAN No. 106 Appointment Senior Engineering Aide That Communication 40 May 30, 1.996 be received and filed and the Permanent appointment of Steven J. Stepniak stated above at the intermediate salary $27,511.00 effective on April 15, 1996 is hereby approved. PASSED. AYES - 13 NOES - 0. No. 107 Appointment Auditing Inspector That Communication 22 May 14, 1996 be received and filed and the Permanent appointment of JoMarie L. Barone stated above at the Intermediate salary $30,063.00 effective on May 6, 1996 is hereby approved. PASSED. AYES - 13 NOES - 0. No. 108 Appointment Plumber That Communication 41 May 14, 1996 be received and filed and the Provisional appointment of John A. Loughran stated above at the Intermediate salary $25,254.00 effective on April 29, 1996 is hereby approved. PASSED. AYES - 13 NOES - 0. No. 109 Notices of Appt-Temp/Prov/Perm. (CClk) (Item # 75 CCP May 14, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 110 New Affirmative Action Plan (Item No. 106, C.C.P., Apr. 30, 1996) (Item No. 109, C.C.P., May 14, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Czajka moved that the above item be recommitted to the Committee on Civil Service. ADOPTED. FINANCE HON. DAVID FRANCZYK CHAIRMAN No. 111 Cap. Budget Amend-Ramp Repairs (Pkg) (Item # 9 CCP May 14, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 112 Payphone Applications (12), NYNEX (Item No. 28, C.C.P., Jan. 23, 1996) That pursuant to Chapter 441-4 of the Code of the City of Buffalo, the Commissioner of Public Works and the Director of Housing and Inspections be, and they hereby are authorized to issue a license to Mr. Douglas Mutton of NYNEX Public Communications, for the installation of a public payphone at 443 Amherst Street within the City right-of-way with the condition that it must be a "smartphone", be and the same hereby is approved. PASSED. AYES - 13 NOES - 0. No. 113 Payphone Applications (2), Digitel Payphone Communications (Item No. 60, C.C.P, Feb. 20, 1996) That pursuant to Chapter 441-4 of the Code of the City of Buffalo, the Commissioner of Public Works and the Director of Housing and Inspections be, and they hereby are authorized to issue a license to Mr. James Knab of Digitel Payphone Communications, for the installation of a public payphone at 98 Elmwood Avenue, be and the same hereby is approved and 1098 Elmwood Avenue, be and hereby is denied. PASSED. AYES - 13 NOES - 0. No. 114 Payphone Applications (30), Pay-Tel Corporation (Item No. 28, C.C.P., Apr. 2, 1996) That pursuant to Chapter 441-4 of the Code of the City of Buffalo, the Commissioner of Public Works and the Director of Housing and Inspections be, and they hereby are authorized to issue a license to Mr. Jay Alberti of Pay-Tel Corporation, for the installation of public payphones at the above-listed communications, be and the same hereby is approved and 720 Elmwood Avenue, be and hereby is denied. PASSED. AYES - 13 NOES - 0. No. 115 Results of Negotiations - 330 Grider (Item No. 22, C.C.P., Feb. 20, 1996) That the offer of Mr. William G. Szczerba, of 53 Eller Avenue, in the sum of $1,000.00 (One Thousand Dollars) to purchase the property described as 330 Grider, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser. PASSED. AYES - 13 NOES - 0. No. 116 Results of Negotiations - 302 Moselle (Item No. 23, C.C.P., Feb. 20, 1996) That the offer of Mr. John Nailor, 145 Waverly Street, in the sum of $6,000.00 (Six Thousand Dollars) to purchase the property described as 302 Moselle, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser. PASSED. AYES - 13 NOES - 0. No. 117 Results of Negotiations - 651 East Delavan Avenue (Item No. 18, C.C.P., Apr. 16, 1996) That the offer of Mr. Gary B. Andres, 418 Woodlawn Avenue, in the sum of $ 1,100. 00 (One Thousand and One Hundred Dollars) to purchase the property described as 651 East Delavan, be and hereby is accepted; and That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted, provided, however, That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser. PASSED. AYES - 13 NOES - 0. No. 118 Results of Negotiations - 47 Red Jacket Street (Item No. 19, C.C.P., May 14, 1996) That the offer of Mr. & Mrs. Daniel Block of 406 Fulton Street, in the sum of $500.00 (Five Hundred Dollars) to purchase the property described as 47 Red Jacket Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES - 13 NOES - 0. No. 119 K. Pokorski - Donate Vacant Lot to City (Item # 93 CCP March 19, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED No. 120 Info. - Pokorski-Donate Vacant Lot to City (CC) (Item # 34 CCP April 2, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 121 Inventory-Mem.Aud.Equip. (Stad/Aud) (Item # 3 CCP April 16, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED No. 122 Inventory-Mem.Aud.Equip. (Item # 76 CCP April 16, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED No. 123 Emergency Demolition - 246 Masten Avenue (Item No. 56, C.C.P., Apr. 30, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to Lebis Enterprises at a cost of $6,450.00, relating to 246 Masten Avenue, is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Code of the City of Buffalo. PASSED. AYES - 13 NOES - 0 No. 124 Close Ohio St. RR Overpass (Item # 189 CCP April 30, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 125 Info-RAM Consult. Hired Under Grant (Pol) (Item # 43 CCP May 14, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED No. 126 Report of Emergency Demolition - 25 Chester, etc. (Item No. 54, C.C.P., May 14, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Lebis Enterprises at a cost of $6,300.00, relating to 25 Chester and Garage; at a cost of $5,400.00, relating to 135 Chester; at a cost of $5,300.00 relating to 219 Chester; for a total aggregate bid of $17,000.00; to Youngs Auto & House Wrecking at a cost of $6,200.00, relating to 370 Walnut; at a cost of $7,000.00 relating to 288 Madison; for a total aggregate bid of $13,200.00; to Cedar Wrecking and Salvage at a cost of $6,200.00 relating to 174 Winslow; are hereby confirmed, ratified and approved, with said cost to be charged to Capital Projects Fund #200-241-003-00000. PASSED. AYES - 13 NOES - 0 No. 127 Report of Emergency Demolition - 160-162 Fougeron, etc (Item No. 55, C.C.P., May 14, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Amirs at a cost of $10,450.00, relating to 160-162 Fougeron & Garage; to Cedar Wrecking & Salvage at a cost of $10,600.00, relating to 114 Walden; are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Code of the City of Buffalo. PASSED. AYES - 13 NOES - 0 No. 128 Report of Emergency Demolition 393 Fulton, etc (Item No. 56, C. C. P., May 14, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Alternative Demolition at a cost of $7,400.00, relating to 393 Fulton; to Amirs at a cost of $4,300.00, relating to 191 Miller; at a cost of $3,900.00, relating to 202 Titus and Garage for a total aggregate bid of $8,200.00- to Lebis Enterprises at a cost of $5,500.00, relating to 418 Sweet; at a cost of $4,300.00, relating to 35 Rohr; at a cost of $4,300.00 relating to 91 Wasmuth; at a cost of $4,200.00, relating to 27 Marshall and Garage; for a total aggregate bid of $18,300.00; are hereby confirmed, ratified and approved, with said cost to be charged to Capital Projects Fund #200-241-003-00000. PASSED. AYES - 13 NOES - 0 No. 129 Report of Emergency Demolition Bids - 485 Howard, etc. (Item No. 57, C.C.P., May 14, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Delmonte Demolition at a cost of $4,400.00, relating to 485 Howard - Garage only-, to J. Martin at a cost of $7, 1 00. 00, relating to 327 Peckham; are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Code of the City of Buffalo. PASSED. AYES - 13 NOES - 0 No. 130 Report of Emergency Demolition Bids - 121 Koons (Item No. 58, C.C.P., May 14, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to Delmonte Demolition at a cost of $4,900.00, relating to 121 Koons; is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 1 13 of the Code of the City of Buffalo. PASSED. AYES - 13 NOES - 0 No. 131 Report of Emergency Demolition Bids - 137 Northland, etc. (Item No. 59, C. C. P., May 14, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to J. Martin at a cost of $6,666.00, relating to 137 Northland; to Amirs at a cost of $9,200.00, relating to 394 Hertel Avenue; are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall he collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Code of the City of Buffalo. PASSED. AYES - 13 NOES - 0 No. 132 Report of Pre-Demolition Asbestos Removal - 327 Peckham (Item No. 60, C. C. P., May 14, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of a Pre-Demolition Asbestos Removal contract to Great Lakes Abatement Co. Inc. at a cost of $3,844.00; is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter II 3 of the Code of the City of Buffalo. PASSED. AYES - 13 NOES - 0 No. 133 Report of Emergency Demolition Bid - 93 Red Jacket Pkwy. (Item No. 61, C.C.P., May 14, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to J. Martin at a cost of $9,000.00, relating to 93 Red Jacket Pkwy.; is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Code of the City of Buffalo. PASSED. AYES - 13 NOES - 0 No. 134 Report of Emergency Demolition Bid - 330 Sweet Avenue (Item No. 62, C.C.P., May 14, 1996) That the award by the Commissioner of Neighborhoods, Housing and Inspections of an emergency demolition contract to J. Martin at a cost of $8,900.00, relating to 330 Sweet Avenue; is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter I 1 3 of the Code of the City of Buffalo. PASSED. AYES - 13 NOES - 0 No. 135 Bailey/Amherst District Management Association, Inc. 1996-1997 (Item No. 76, C.C.P., May 14, 1996) That the proposed budget for the continued operation of the Bailey-Amherst Business District, as more fully described in the above-mentioned communication, and approved by the Board of Directors of the Management Association be, and hereby is approved for inclusion in the 1996-97 City Budget, provided the funds therefor will be raised by special assessment on the properties within the District in accordance with the procedures of the City Business Improvement District Law. PASSED. AYES - 13 NOES - 0 No. 136 Citz.Sal.Review - Commission's Report (Item # 31 CCP May 14, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED No. 137 W.S. Comm.Ctr.-Renewal Lease-161 Vermont (Item # 89 CCP May 14, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 138 Clarkson Center Proposal (Item No. 158, C.C.P., May 14, 1996) That due to emergency conditions the Commissioner of Human Services, Parks and Recreation be, and he hereby is authorized to award the concession for LaSalle Park and the concession at the Foot of Ontario Street to the Clarkson Center, Inc. in the amount of $5,000 each for a total of $10,000 for the 1996 season. PASSED. AYES - 13 NOES - 0 LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 139 Canisius College - Petition to use 2001 Main Street for Dormitories (Item No. 90, C.C.P., May 14, 1996) That after a public hearing before the Committee on Legislation on May 21, 1996, the petition of Canisius College, for permission to use 2001 Main Street for dormitories be, and hereby is approved. PASSED. AYES - 13 NOES - 0 No. 140 Richard Gritzke (Manny's) - Petition to use 469-471 Delaware Avenue - outdoor Cafe (Item No. 92, C.C.P., May 14, 1996) That after a public hearing before the Committee on Legislation on May 21, 1996, the petition of Richard Gritzke, for permission to use 469-471 Delaware Avenue for an outdoor cafe be, and hereby is approved. PASSED. AYES - 13 NOES - 0 No. 141 Question Permit Fees-Driveways (NHI) (Item # 42 CCP October 17, 1995) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 142 Info.-Permits for Driveways (CC) (Item # 47 CCP May 14, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 143 Sale of Pagers/Beepers to Minors (Item # 177 CCP April 2, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 144 Mutual Aid Agree.-County Highway Supers (A&F) (Item # 66 CCP May 14, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 145 Appt/Reappt Mbr. Comm. Human Relations (Mayor) (Item # 1 CCP April 30, 1996) That the above mentioned item be and the same is hereby received and tiled. ADOPTED. No. 146 Appointment/Reappointment of Emergency Medical Services Board (Item No. 2, C.C.P., Apr. 30, 1996) That the appointment of members of the Buffalo Emergency Medical Services Board of Joseph R. Takats, D.O., residing at 64 Cleveland Avenue, for a term expiring February 28, 1996 and the reappointment of and Rev. John R. Gaglione, residing at 65 Brantwood Road, Snyder, New York, for terms expiring February 28, 1999, be and hereby are accepted. ADOPTED. No. 147 Appt Mbr.-Substance Abuse Adv. Bd. (Mayor) (Item # 3 CCP April 30, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 148 Guidelines, etc. for Arts Comm. (Arts Comm) (Item # 12 CCP April 30, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 149 Notif. Ser. 8671-8675 (PW) (Item # 24 CCP May 14, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 150 Portable Sign 33 Gates (PW) (Item # 25 CCP April 30, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 151 Portable Sign -Park Lane Rest. (#184, 4/16) (Item # 159 CCP April 30, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 152 Speers-Police Protect. City Parks, etc. (Item # 85 CCP April. 30, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 153 Remove 2 Hour Parking Restrictions on Virginia Place (Item No. 34, C.C.P., May 14, 1996) That the Commissioner of Public Works be, and he hereby is authorized to prepare the necessary traffic ordinance to remove the current 2 hour parking restrictions posted along Virginia Place; upon the verification of the Department of Street Sanitation and the Division of Parking Enforcement. ADOPTED. No. 154 Encroach - 57-59 Allen Street - Sidewalk Cafe (Item No. 36, C.C.P., May 14, 1996) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Ms. Heidi Paulsen, owner of The Java Temple, located at 57-59 Allen Street, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the 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-five feet (55') in length or extend more than ten feet (10') 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 ($2.00) 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. (55' x 10' = 550 sq. ft. x 2 = $1,100 [$750.00 maximum]). 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage out of the construction, maintenance, use and removal of said sidewalk cafe. PASSED. AYES - 13 NOES - 0 No. 155 US Army Corp Eng - Black Rack Lock Oper/Maint (Item # 88 CCP May 14, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 156 Major Trash Pick-Up dates 1996 (Item # 167 CCP May 14, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 157 Authorize RFP Process to Reduce Electrical Costs (Item No. 168, C.C.P., May 14, 1996) That this Common Council authorizes the Commissioner of Public Works to begin the Request For Proposal process to develop a method of reducing our electrical power costs, whether it be through self-general, procuring wholesale power, or negotiating lower prices with the present investor-owned utility. ADOPTED. No. 158 Ordinance Amendment - Chapter 137 - Code Enforcement (Item No. 181, C.C.P., May 14, 1996) That the Ordinance Amendment as contained in Item No. 181, CCP May 14, 1996, be and the same hereby is approved. PASSED. AYES - 13 NOES - 0 COMMUNITY DEVELOPMENT HON. DALE ZUCHLEWSKI CHAIRMAN No. 159 C. Griffasi - Reopen Main to vehicles (Item # 75 CCP February 21, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 160 Reopen Main to Vehicles (Item # 37, CCP March 7, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 161 Neigh. Hsg. Cond/Problems (NHT) (Item # 63 CCP March 19, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED No. 162 Est. Prog. Coord. Neiqh. Efforts (CD) (Item # 41 CCP April 2, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED No. 163 Collecting Overdue PILOTs (A&F) (Item # 72 CCP April 16, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED No. 164 Info - Demo. of Mem. Aud. (PW) (Item # 32 CCP April 16, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 165 Dev. Dwntwn. Inc - Reuse of Mem. Aud. (Item # 88 CCP April 16, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 166 Boycott of Sherwin-Williams Products (Item No. 192, C.C.P., Apr. 16, 1996) That this Common 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 at 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 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 pain 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 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 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. ADOPTED. No. 167 Deter. Homesteading Lot Size (Item # 58 CCP April 30, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. COMMITTEE ON EDUCATION HON. BARBRA KAVANAUGH CHAIRMAN No. 168 Consolidated School City Cap. Dev. Proj. (Bd. Ed.) (Item # 71 CCP March 5, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 169 Olmsted Planning/Development Committee (Item # 241 CCP May 16, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 170 Auth. Bd. Ed. Cap Dev. Proj. (Item # 199 CCP March 19, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 171 Veto L.L. Intro. #2-Salary of Bd. of Ed Members (Item # 1 CCP April 2, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 172 Info-Naming School Bldgs. (CC) (Item # 45 CCP April 16, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 173 Polish Am. Congress-Opp Rename Makowski Ctr. (95,3/19) (Item # 131 CCP April 16, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 174 Comm. Act. Ctr.-Info-Rename Makowski Ctr. (#76,4/2) (Item #133, CCP, April 16, 1996) That the above mentioned item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 175 By: Mr. Brown Opening of the Kensington-Grider Swimming Pool Whereas: Kensington-Grider Swimming Pool at first glance, appears to be a neglected, abandoned City facility, and has become an eyesore to anyone walking or driving by the Kensington-Grider area; and Whereas: The Kensingston-Grider Swimming pool has overgrown grass, shrubs, and generally lacks proper maintenance; and Whereas: The Kensingston-Grider pool is the only large pool in the Masten District and a form of recreation for both the young and old residents of the district; and Whereas: With the summer season rapidly approaching, there is great concern as to whether the pool will be properly maintained and functional by the opening day of July 1, 1996 for pools in the City; Now, Therefore, Be It Resolved That: This Common Council requests the Commissioner of Human Services, Parks and Recreation to file with this Council a report indicating his intentions regarding the opening of the Kensington-Grider Pool; and Be It Further Resolved That: The Commissioner of Human Services, Parks and Recreation develop a general maintenance plan for the off-season to prevent City Pools from becoming deplorable eyesores to their surrounding communities. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION. No. 176 By: Mr. Brown Request BNRC to Hold Up Sale of 111 Oxford Ave. Whereas: A controversy has arisen regarding the Buffalo Neighborhood Revitalization Corporation's handling of a property at 111 Oxford Avenue; and Whereas: Ms. Cleone McClanahan, who had been working with BNRC to purchase this property, presented testimony at the May 22nd meeting of the Community Development Committee indicating that BNRC had been highly inconsistent in its treatment of her; and Whereas: Ms. McClanahan has been given conflicting information as to whether this property has been sold yet; and Whereas: This is not the first complaint the Council has heard regarding BNRC's handling of property sales; and Whereas: It is important that a clear and public procedure is established and followed regarding BNRC's handling of property; Now, Therefore, Be It Resolved That: This Council requests BNRC to hold the sale of 111 Oxford if this sale has not yet been closed; and Be It Further Resolved That: Whether or not the sale has occurred, this Council requests BNRC to file a written version of its procedures for the acquisition and sale of property with this Council as soon as possible, but no later than the Council's next filing deadline of Thursday June 6, 1996 at 2:00 PM. Mrs. LoTempio moved: That the 1st resolve be and the same is hereby adopted and that the 2nd resolve be referred to the Committee on Community Development, Buffalo Neighborhood Revitalization Corporation and the Corporation Counsel. ADOPTED. No. 177 By: Mr. Brown Request Permission to Hang Banner Martin Luther King Park Whereas The Juneteenth Festival, Inc. will hold it's 21 st annual festival on June 15th and 16th, 1996; and Whereas: The Juneteenth Committee has requested permission to hang a street banner in Martin Luther King Park, across Fillmore Avenue at the point of the access road to the green house; and Whereas: Niagara Mohawk Power Corporation has agreed to hang the 10'x 30' banner; Be It Further Resolved That: This Common Council grants permission to the Juneteeth Festival, Inc. to hang a banner pursuant to the conditions set forth by the Commissioner of Public Works and the Corporation Counsel. PASSED. AYES - 13 NOES - 0 No. 178 By: Mr. Czajka Licensing Penalty Charged to the Natural Environmental Company. Whereas: The Natural Environmental Company is dedicated to both the reuse and disposal of discarded building materials; and Whereas: The company is currently involved with a building project at the Statler building; and Whereas: Believing that all of their licensing was in place, the company unwittingly began its participation without obtaining relevant disposal permits required by the city; and Whereas: The company upon learning of the need for such licensing complied fully and completely with the licensing process; and Whereas: Natural Environmental was assessed a penalty for its actions. Now, Therefore, Be It Resolved: That the Public Works Department report to this Honorable Body on the possibility of waiving this penalty levied against the Natural Environmental Company due to the circumstances surrounding this situation. ADOPTED. No. 179 By: Mr. Franczyk Transfer of Funds Human Services, Parks & Recreation - Salaries Human Services, Parks & Recreation - Exempt Items 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 $5,500 be and the same is hereby transferred from the Department of Human Services, Parks & Recreation Division of Substance Abuse Services salary account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 50 - Department of Human Services, Parks & Recreation 4 - Division of Substance Abuse Services 011 - YDA-DACC Narcotic Control Program 110 - Salaries - Regular $5,500 To: 100 General Fund 50 - Department of Human Services, Parks & Recreation 4 - Division of Substance Abuse Services 085 - Exempt Items 982 - Operating Equipment $5,500 PASSED. AYES - 13 NOES - 0 No. 180 By: Mr. Franczyk Transfer of Funds Community Development - Bond Funds 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 $130,000 be and the same is hereby transferred from the Department of Community Development - Capital Projects Fund and said sum is hereby reappropriated as set forth below: From: 200 Capital Projects Fund 71 - Department of Community Development 7 - Division of Development 026 - City Wide Tree Planting $130,000 To: 200 Capital Projects Fund 71 - Department of Community Development 0 - Department of Community Development 501 - Japanese Garden $130,000 PASSED. AYES -13 NOES - 0 No. 181 By: Mr. Franczyk Increased Appropriation North AmeriCare Park - Reserve for Replacements North AmeriCare Park - Exempt Items That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - North AmeriCare Park be and the same hereby is increased in the sum of $4,000. That, the comptroller be and hereby is authorized and directed to transfer the sum of $4,000 from 420-899002 - Reserve for Replacements to meet this increased appropriation as set forth below: To: 420 Enterprise Fund 61 - Stadium and Auditorium 1 - North AmeriCare Park 085 - Exempt Items 980 - Machinery & Equipment (in Buildings) $4,000 PASSED. AYES - 13 NOES - 0 No. 182 By: Mr. Franczyk Increased Appropriation Division of Engineering Department of Police Fringe Benefits That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Various Departments be and the same hereby is increased in the sum of $3,000,000. That, the comptroller be and hereby is authorized and directed to transfer the sum of $3,000,000 from 100-40-1-406-32124 - Services to the B.S.A. - Ferry Street Bridge to meet this increased appropriation as set forth below: To: 201-001-00 Police - Office of the Police Commissioner 119 - Salary Adjustment $ 64,441.00 201-011-00 Police - Detective Bureau 119 - Salary Adjustment $ 206,832.00 201-012-00 Police - Patrol Services 119 -Salary Adjustment $1,079,191.00 201-013-00 Police - Traffic Services 119 -Salary Adjustment $ 83,540.00 201-021-00 Police - Administration & Communications 119 -Salary Adjustment $ 118,789.00 813-176-00 Fringe Reserve for Agreement with City Unions 119 -Salary Adjustment $1,447,207.00 TOTAL $3,000,000.00 PASSED. AYES- 13 NOES - 0 No. 183 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 Compressors for the Timothy J. Burvid Ice Rink $125,000 PASSED. AYES - 13 NOES - 0 No. 184 By: Mr. Franczyk: Bond Resolution $1,739,785 Additional Bonds Local Match Reconstruction of Streets Account 200-401-027 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,739,785 General Improvement Bonds of said City, in addition to the $720,000 General Improvement Bonds previously authorized, to finance the City's local share of the cost of the reconstruction of various streets in the City, at the estimated maximum cost of $2,459,785. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of $1,739,785 in addition to the $720,000 General Improvement Bonds previously 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"0), to finance the City's local share of the cost of reconstruction of various streets in the City. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,459,785 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Local Match Reconstruction of Streets, 1995-96", Bond Authorization Account No. 200401-027, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,739,785. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated:. (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 20. of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: May 28, 1996 LAID ON THE TABLE. No. 185 By: Mr. Franczyk: Bond Resolution $1,700,000 Additional Bonds Local Match Reconstruction of Bridges Account 200-401-027 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,700,000 General Improvement Bonds of said City, in addition to the $1,080,000 General Improvement Bonds previously authorized, to finance the City's local share of the cost of the reconstruction of various bridges in the City, at the estimated total cost of $2,780,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of $1,700,000 in addition to the $1,080,000 General Improvement Bonds previously 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 City's local share of the cost of reconstruction of various bridges in the City. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,780,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Local Match Reconstruction of Streets, 1995-96", Bond Authorization Account No. 200401-027, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,700,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated:. (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 10. of the Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: May 28, 1996 LAID ON THE TABLE. No. 186 By: Mr. Franczyk Bond Resolution $1,500,000 Additional Bonds Neighborhood Redevelopment Site Program Account 200-240-003 Bond Resolution of the City of Buffalo, New York, authorizing tile issuance of $1,500,000 General Improvement Bonds of said City, in addition to the $500,000 General Improvement Bonds heretofore authorized, to finance the cost of the preparation of sites for development of new neighborhood housing, at the estimated maximum cost of $2,000,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of $1,500,000 in addition to the $500,000 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 tile cost of the preparation of sites for development of new neighborhood housing. The estimated total cost of said class of objects or purposes for which tile bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental (hereto and the financing thereof, is $2,000,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Inspections & Community Revitalization, "Neighborhood Redevelopment Site Prep, 1995-96", Bond Authorization Account No. 200-240-003, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, Pursuant to this Bond Resolution, in the maximum amount of $1,500,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated:. (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a.35. of the Law, is five (5) years. (b) Current funds are not required by the, Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: May 28, 1996 LAID ON THE TABLE. No. 187 By: Mr. Franczyk Bond Resolution $600,000 Additional Bonds Construction of New Fire Station-380 Virginia St. Account 200-402-023 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $600,000 General Improvement Bonds of said City, in addition to the $1,400,000 General Improvement Bonds previously authorized, to finance the cost of the reconstruction of and additions to the existing building at 380 Virginia Street for a new fire station and training facility, at the estimated maximum cost of $2,000,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of $600,000 in addition to the $1,400,000 General Improvement Bonds previously 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 cost of the reconstruction of and construction of additions to the existing building at 380 Virginia Street, in the City, to provide for a new fire station and training facility. 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 $2,000,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public works, Division of Buildings, "Acquisition, Construction and Reconstruction of Fire Station 1995-96", Bond Authorization Account No. 200-402-023, 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 $600,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.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 a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged 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: May 28, 1996 LAID ON THE TABLE. No. 188 By: Mr. Franczyk: Bond Resolution $350,000 Bonds Purchase of Mobile Data Equipment Account 200-200-002 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $350,000 General Improvement Bonds of said City to finance the purchase and installation of equipment to provide mobile data terminals in police vehicles, at the estimated total cost of $350,000. 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 $350,000, pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the purchase and installation of equipment to provide mobile data terminals in police vehicles. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $350,000 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 Police, Purchase of Vehicles and Equipment, 1995-96, Bond Authorization Account No. 200-200-002, 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 reimbursed with the proceeds of debt to be incurred by the City, pursuant to this Bond Resolution, in the amount of $350,000. This resolution is a declaration of official intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 32. of the Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged 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: May 28, 1996 LAID ON THE TABLE. No. 189 By: Mr. Franczyk Ferry Street Bridge Whereas: The Buffalo Sewer Authority ("BSA") currently operates sewage disposal facilities on Bird island in the Niagara River, and Whereas: Federal and State regulations require two bridges for safe ingress and egress to the facility on Bird Island, and Whereas: One such bridge is the Ferry Street Bridge-, and Whereas: The City has contemplated closing the Ferry Street Bridge; and Whereas: The BSA does not want the Ferry Street Bridge to close and is willing to pay the City $3,000,000 for the City not to close the Bridge; and Whereas: The BSA desires to enter into an agreement with the City of Buffalo wherein the City will not close the Bridge without the consent of the BSA. Now Therefore Be it Resolved That: The City of Buffalo does hereby agree not to close the Ferry Street Bridge without the consent of the BSA; and Be it Further Resolved That: The City of Buffalo does hereby agree to negotiate an agreement with the BSA under the terms and conditions deemed necessary, appropriate and convenient by the Corporation Counsel; and Be It Finally Resolved That: The Mayor be and he hereby is authorized to execute and deliver the Agreement. PASSED. AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS- 12 NOES - ZUCHLEWSKI - 1 No. 190 By: Ms. Gray and Mr. Franczyk Citizen Participation in Planning Buffalo's Sanitation District Whereas: This Common Council, in passing the 1996-97 budget, provided for the creation of a Sanitation District to handle garbage and recycling for the city; and Whereas: Public understanding and acceptance of the policies and practices of the new District will be crucial to the success of the District; and Whereas: It is therefore crucial that the public has a strong role in the formation of the District's policies; and Whereas: The Buffalo Environmental Task Force (BETF) has offered to help the city in the process of developing the District; Whereas: The (BETF) and its member organizations have played a crucial role in helping the city, from the Commoner Recycling study in 1988, to the development of the Council's current recycling education program, to the formation of the city's Solid Waste Task Force; and Whereas: Those who have lent their expertise to the city to date should be availed the opportunity to help in the formation and governance of the new Sanitation District; Whereas: Now, Therefore, Be It Resolved That: This Common Council affirms its support for public participation in the governing of the Sanitation District and requests the Mayor and the Corporation Counsel to include that principle in whatever legal structure is developed for the Board. ADOPTED. No. 191 By: Mrs. LoTempio Request Legislature To Oppose Suspending Erie County Sales Tax On Gasoline Whereas: All citizens of Erie County, as well as the United States, are faced with the increased financial burden of paying higher prices for gasoline, and Whereas: The United States House of Representatives recently passed a measure calling for the repeal of the federal 4.3 cent-per-gallon gas tax that will soon be before the United States Senate, and Whereas: Discussions concerning the repeal of the gas tax are also taking place at the local government level, and Whereas: Erie County Legislator Michael Ranzenhofer (R-Amherst) has submitted a resolution to the Legislature requesting Erie County to concede 4 cents of the sales tax it collects on gasoline between Memorial Day and Labor Day, and Whereas: Legislator Ranzenhofer strongly believes that decreasing the gas tax would promote summer travel and tourism, and Whereas: A 4 cent-per-gallon tax cut could potentially save the average motorist approximately 72 cents per a tankful of gasoline, and Whereas: A 72 cent cost reduction in a tankful of gasoline is an insignificant amount of saving's for individuals contemplating whether or not to travel during the months between the Memorial Day and Labor Day holidays, and Whereas: The Federal 4.3 cent gas tax was enacted by the House Democrats in 1993 to help alleviate the budget deficit, and Whereas: Repealing the tax would result in a $4.8 billion annual shortfall in deficit reduction for the United States, and Whereas: Decreasing the sales tax on gasoline in Erie County for the summer months would deprive the county budget of roughly $2.5 million, and Whereas: The County of Erie can not afford to forfeit $2.5 million from Its' budget that could negatively affect other service areas, and Whereas: If the repeal of the gas tax takes place at the national or local level, the loss of potential tax revenue could prompt budgetary crises that will be felt by all levels of government; Now Therefore Be It Resolved That: This Common Council memorialize the members of the United States Senate and the Erie County Legislature and requests that their respective bodies not act in accordance with the U.S. House of Representatives in supporting measures that could result in budgetary difficulties for all levels of government, specifically Erie County and Be It Finally Resolved: That the City Clerk, on behalf of this Honorable Body, send certified copies of this resolution to the members of the Erie County Legislature, and the United State Senators from New York, the Honorable Daniel Patrick Moynihan, and the Honorable Alfonse M. D'Amato. ADOPTED. AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI- 12 NOES - HELFER - 1 No. 192 By: Mr. Quintana and Mrs. Williams 39th Annual Allentown Outdoor Art Festival Whereas: The Allentown Village Society, Inc. (AVS), has requested permission to conduct its 39th Annual Allentown Outdoor Art Festival on the weekend of June 8th and 9th, 1996, and Whereas: The Common Council amended the Code of the City of Buffalo to include Chapter 414, Special Events, creating a Special Events Advisory Committee to review requests for special events and to establish conditions for approval of said events- and Whereas: The Special Events Advisory Committee met on May 28, 1996, considered the application of AVS to hold the 39th Annual Allentown Outdoor Art Festival, and approved with conditions the holding of the 39th Annual Allentown Outdoor Art Festival; and Now, Therefore, Be it Resolved That: Subject to the conditions established by the Special Events Advisory Committee and those stated herein the AVS be and it hereby is granted permission to conduct the 39th Annual Allentown Outdoor Art Festival on the weekend of June 8th and 9th, 1996, between the hours of 11:00 a.m. and 6:00 p.m. on those days; within the events area bounded by Summer Street on the north, Elmwood Avenue and South Elmwood Avenue (east side) on the west, Tracy Street (extended easterly) on the south, and Main Street (west side) on the east; and Be It Further Resolved That: Participants within the events area, whether on the public streets or out-of-doors on adjacent private property, will be limited as follows: 1 . Art or craft exhibitors may be located within the events area on the following streets only: Delaware Avenue between North Street and Tupper Street (east and west sides); Franklin Street between Allen Street and Virginia Street (east and west sides)- Allen Street from Elmwood Avenue to Franklin Street (north and south sides); Virginia Street between Delaware Avenue and Franklin Street (north and south sides). Only art and craft exhibitors selected through the AVS application and selection process shall be permitted. The AVS will select no more than 465 art and craft exhibitors, excluding therefrom the exhibition or sale of so-called "pseudo" art and exhibits of a strictly commercial nature. 2. Concessionaires and vendors within the events area shall be located on the following streets only: Delaware Avenue in the block between North and Allen Streets, in the block between Allen and Virginia Streets- in the vicinity of Edward Street between Virginia and Allen Streets; and Alien Street in the vicinity of Franklin Street, on Allen Street between Park Street and Elmwood Avenue. Such participant concessionaires shall be responsible concessionaires to be selected by the AVS. The AVS may select and designate a single vendor employing a reasonable number of persons to vend balloons in the events area. The AVS may also select and designate a single vendor to produce and sell Art Festival T-shirts, sweatshirts or similar merchandise within the deemed concession areas. All participant concessionaires and vendors are required to comply with all otherwise applicable licensing and health requirements. Notwithstanding the foregoing, nothing herein is intended to limit the usual and customary operations of "Sidewalk cafes" as defined in Section 413-59 of the Code of the City of Buffalo; and Be It Further Resolved That: That radio and television broadcasts from remote broadcast units located outside of a building normally occupied by a radio or television station may be permitted within the events area by the event sponsor. No such remote broadcasts or telecasts shall be permitted on the public streets or out-of-doors on adjacent private property without the permission of the event sponsor. In no case shall any radio or television station employ blaring loudspeakers or conduct giveaways, sale of merchandise, contests, displays or other promotional activities beyond what is broadcast or telecast over their airwaves in the public street or out-of-doors on adjacent private property during the hours of the event; and Be It Finally Resolved: Unauthorized participants. The AVS shall provide all participants with suitable identification showing each as an authorized participant in the event. Except as herein above provided, there shall be no other participants within the events area during the event whether on public streets or out-of-doors on adjacent private property, including exhibitors, concessionaires, vendors, performers, promotional activities, fund raising activities, displays or goods or otherwise. Street performers, buskers or similar performers or performances shall not be permitted within the events area. All temporary inflatable devices used to advertise or direct attention to a business, service, product or activity shall also be excluded from the events area. The property of Ascension Church at 16 Linwood Avenue and Westminster Church at 724 Delaware Avenue shall not be subject to the foregoing provisions, provided, however, that neither shall conduct or sponsor any out-of-door activities during the Art Festival event hours without prior approval of the Common Council. The above-mentioned shall not conduct or sponsor any outdoor amusement rides or art and craft show and the third resolved clause of this resolution governing radio and television broadcasts and telecasts shall also be applicable on those properties. PASSED. AYES- 13 Noes - 0 No. 193 By: Mrs. Williams and LoTempio Set Public Hearing LDA Portion of Downtown Renewal Phase II Niagara, W. Eagle & Pearl Street Eagle Group, LLC - Redeveloper Whereas, Eagle Group, LLC and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and Whereas, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition Agreement for the disposition of a portion of Downtown Renewal Phase II; and Whereas, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and Whereas, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2(d) of the General Municipal Law; and Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 31st day of May 1996. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 11th day of June 1996. ADOPTED. No. 194 By: Ms. Williams and Mrs. Lockwood Monument to Commemorate The Great Hunger Whereas: The Great Hunger, "An Gorta Mor," gripped Ireland 150 years ago, from 1845 to 1850, and during its five year span 1,500,000 people starved to death and 2,000,000 fled the famine and disease which ravaged the country; and Whereas: The City of Cork, Ireland has offered to give the City of Buffalo historic stones from the Penrose Quay, the scene of the devastating separation of families who were forced to emigrate to Buffalo and other parts of this country; and Whereas: All the Irish-American clubs and societies of Western New York formed a Famine Monument Committee to use the Penrose Quay stones in a monument to commemorate the sacrifice of the Irish people during the Great Hunger and to recognize their contribution to the City of Buffalo; and Whereas: Many of the thousands who came from Ireland to Western New York settled in the waterfront areas of the City of Buffalo's Old First and Eighth Wards, toiling in local industry and helping to build Buffalo's greatness; and Whereas: Following an exhaustive search for an appropriate location, the Famine Monument Committee recommends selection of a City-owned tract of land located next to the Erie Basin Marina, adjacent to Crawdaddy's Restaurant at the end of Templeton Street; and Whereas: The Famine Monument Committee has obtained approval of the monument design from the Arts Council, and has offered to fund the costs related to the establishment of the monument; Now, Therefore, Be It Resolved: That this Common Council supports the Famine Monument Committee's site recommendation and their efforts to commemorate the sacrifice of all who suffered in the Great Hunger and to honor the memory of the Irish immigrants who lived, worked and died on the Buffalo waterfront; and Be It Further Resolved: That this Resolution be sent to the Mayor, the Commissioner of Community Development and the Executive Director of the Buffalo Arts Commission with the request that they work with the Famine Monument Committee on the establishment of this memorial. ADOPTED. No. 195 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 Bflo. School Counselors By Councilmember Pitts Felicitation for Ella Watson By Councilmember Pitts Felicitation for The Hood Family By Councilmember Pitts Felicitation for Urban High School Interpersonal Prevention Curriculum By Councilmember Zuchlewski ADOPTED. No. 196 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: Charles J. Mantione, Jr.. Marcia E. Daumen Charles J. Mantione Francis X. Daumen Mark A. Daumen Gail Buch Francina Cartonia Josephine Dahlman Richard D. Meadows, Jr.. Thomas M. Sutton Robert H. Osborne, Jr. Thomas O'Sullivan Ralph R. Hernandez Albert Martinez Cynthia Kraft Roxanne M. Jones Roberta Bowles Kelley M. Williams Kimberly R. Williams Mark Waldman William H. Robinson Mildred L. Bishop Loretta Perkins Raymond Moss Bren Ivan George Martin Eve Arthur O. Eve, Jr.. Lauretta Perkins LaMaurice Wilbert Deirdre Michele McMiller Gloria Grant-Dalfonso Richard E. Schultz Sean C. Ptak Troy Grant Lawrence J. Zulowski Karen A. Bender ADOPTED. No. 197 By: Mr. Zuchlewski Appointments Commissioner of Deeds Required-Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1996, conditional upon the person so appointed certifying, under oath, to their qualifications and filing same with the City Clerk: D. Lamont Shelton ADOPTED. UNFINISHED BUSINESS No. 198 Bond Res. $100,000 - Reconstr. Kensington. H.S. (Item #172, C.C.P., May 14, 1996) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Czajka. CARRIED Mrs. LoTempio now moved that the above item be approved. Seconded by Mr. Czajka. PASSED. AYES - 13 NOES - 0 No. 199 Bond Res. $225,000 - Reconstr. Delaware Pk. (Item #173, C.C.P., May 14, 1996) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mrs. Williams. CARRIED Mrs. LoTempio now moved that the above item be approved. Seconded by Mrs. Williams. PASSED. AYES - 13 NOES - 0 No. 200 L.L.Intro. 13 - Police/Fire Pensions (Item #174, C.C.P., May 14, 1996) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Ms. Kavanaugh. CARRIED Mrs. LoTempio now moved that the above item be approved. Seconded by Ms. Kavanaugh. PASSED. AYES - 13 NOES - 0 No. 201 Announcement Of Committee Meetings The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Civil Service Tuesday, June 4, 1996 9:30 A.M. Finance Tuesday, June 4, 1996 - following Civil Legislation Tuesday, June 4, 1996 2:00 P.M. Community Dev. Wednesday, June 5, 1996, 10:00 A.M. Committee on Ed. Wednesday, June 5, 1996, 2:00 P.M. No. 202 Adjournment On a motion by Mrs. LoTempio, Seconded by Mr. Czajka, the Council adjourned at 3:05 P.M. CHARLES L. MICHAUX, III CITY CLERK Board of Police and Fire Pension Proceedings #5 Mayor's Office - 201 City Hall May 23,1996 Present: James W. Pitts, Council President; Anthony M. Masiello, Mayor; R. Michael McNamara, Deputy Comptroller-3 Absent: None The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of May 1996 amounting to $25,450.01, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-3. Noes-0. No. 2 The following annuitant has been canceled from the Fire Pension Fund: Grace H. Cello Died 5/2/96 Received and Filed. No. 3 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of May 1996 amounting to $29,707.64, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-3. Noes-0. No. 4 On motion by Mr. Pitts, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.