Loading...
HomeMy WebLinkAbout96-0611 No. 12 Common Council Proceedings of the City of Buffalo Regular Meeting, June 11, 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, June 11, 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 28, 1996 were approved. FROM THE MAYOR No. 1 General Plan - Buffalo Environmental Policy Recognizing the importance of environmental issues to Buffalo and its citizens, the Mayor files with the Common Council the first General Plan for City of Buffalo environmental policy. This Plan will be the point of departure for City efforts to give appropriate attention to environmental issues. Mrs. LoTempio moved: That the communication from the Mayor, dated June 6, 1996 be received and filed; and That the Common Council does hereby adopt the General Plan for the city of Buffalo's Environmental Policy, as part of the city's comprehensive Master Plan of the city of Buffalo (Consolidated Plan). ADOPTED. No. 2 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. RECEIVED AND FILED. No. 3 Appointment of Members to the Commission on Human Relations Pursuant to the provision of Section 285.27 of the Charter of the City of Buffalo, as amended, I hereby appoint the below listed persons as members of the Commission on Human Relations, effective immediately for terms expiring February 27, 2000. APPOINTMENT: Lovejoy District Jay B. Duderwick 335 Weimar Street Buffalo 14206 Mr. Duderwick presently works for the City of Buffalo as the Director of Neighborhoods. He has worked as the Director or Deputy Director for 16 of his 19 years of City employment, helping to build strong neighborhoods throughout our City. During the past ten (10) years Jay Duderwick has been responsible for Buffalo's Emergency Shelter Grant Program, whereby over $3,400,000 has been spent to assist homeless people and families. Mr. Duderwick also assisted Herbert L. Bellamy in establishing 1490 Enterprises, Inc. at 1490 Jefferson Avenue. Jay Duderwick is replacing Irene Klinko whose term expired February 27, 1996. Lovejoy District Edward Christian 87 Schreck Avenue Buffalo 14215 Mr. Christian has been a member of the NAACP for over 15 years. He is President of the Schreck Avenue Block Club. He is also a member of the "Shrine" organization, among other civic activities, they provide scholarships for children to attend schools of their choice. Edward Christian is replacing Earl Smith whose term expired February 27, 1996. I hereby certify that the above named individuals are fully qualified for appointment to the Commission on Human Relations. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 4 R. Sweeny. Request to Place a Sidewalk Cafe at 752 Elmwood Avenue Item No. 98, C.C.P., 5/28/96 The City Planning Board at its regular meeting held Tuesday. June 4. 1996 considered the matter captioned above pursuant to section 413-59 and 511-56 of the Buffalo Code - Sidewalk Encroachments and Expansion of Restricted Uses in the Elmwood Avenue Special Zoning District. The applicant seeks to place a sidewalk cafe measuring 151 by 81 which will encroach the R.O.W. and expand an existing eating and drinking place in the Elmwood District. Both the restaurant expansion and use of the sidewalk require the approval of Your Honorable Body. The Planning Board voted to approve the proposed expansion and sidewalk cafe (without the awning) with the following conditions: 1. that no music be allowed in the cafe area, 2. that the cafe closed by 11:00 p.m. daily, and 3. that there are no trash receptacles in the cafe area. RECEIVED AND FILED. No. 5 Pep Boys, Request to Place a Ground Sign at 1996 Elmwood Avenue Item No. 99, C.C.P., 5/28/96) The City Planning Board at its regular meeting held Tuesday, June 4, 1996 considered the matter captioned above pursuant to section 387-19 of the Buffalo Code - The Review of Ground Signs. The applicant seeks to erect an accessory, illuminated ground sign which will have a sign face area of 36 square feet (41 by 91) with an overall height of 6 feet. The site is located within an Ml zone which permit such signs. Under the S.E.Q.R. the proposed sign is considered a Type 2 Action which does not require further environmental review. The Planning Board voted to approve the proposed sign with the condition that the landscaping being proposed along the Elmwood Avenue street line by the developer be continued at the base of the proposed sign. RECEIVED AND FILED. No. 6 Delaware Franklin. Inc., Request Place a Sidewalk Cafe and Awning at 494 Franklin Street Item No. 93, C.C.P., 5/14/96 The City Planning Board at its regular meeting held Tuesday. June 4. 1996 considered the matter captioned above pursuant to section 413-59 and 511-57 of the Buffalo Code - Sidewalk Encroachments and Expansion of Restricted Uses in the Allen Street District. The applicant seeks to place a sidewalk cafe on which will encroach the R.O.W. and expand an existing eating and drinking place in the Allen Street district. Both the restaurant expansion and use of the sidewalk require the approval of Your Honorable Body. The site is also located in the Allentown Preservation District and must therefore be approved by the Buffalo Preservation Board. Under S.E.Q.R. the proposed expansion is considered a Type 2 Action which does not require further environmental review. The design of the cafe should be approved by the Buffalo Preservation Board. The Planning Board voted to approve the proposed expansion and sidewalk cafe (without the awning) with the following conditions: 1. that no music be allowed in the cafe area. 2. that the cafe closes by 11:00 p.m. daily, 3. that there are no trash receptacles in the cafe area, and; 4. that the Buffalo Preservation Board and the Department of Public Works approve the cafe. RECEIVED AND FILED. No. 7 430 Niagara Street Associates Request to Convert Retail Into Health Care. Item No. 97, C.C.P., 5/28/96 The City Planning Board at its regular meeting held Tuesday, June 4, 1996 considered the matter captioned above pursuant to section 511-68 of the Buffalo Code - The Niagara Special Coastal Review District. The applicant seeks to expand an existing health care center by 57,000 square feet by renovating adjacent retail space. Under S.E.Q.R. the proposed expansion is considered an Unlisted Action which may be studied through Uncoordinated Review. The site is located in a C2 zone which permits such uses. Although in the Niagara Coastal Review District the site is not adjacent to any body of water. The Planning Board voted to approve the proposed expansion with a recommendation that the facility's parking lot, which fronts along Niagara Street nearly 1701, be screened from the public R.O.W. with an ornamental wrought iron fence. RECEIVED AND FILED. No. 8 Canisius College, Request to Renovate Two Dormitories-2001 Main Street Item No. 90, C.C.P., 5/14/96 The City Planning Board at its regular meeting held Tuesday, June 4, 1996 voted to receive and file the matter captioned above since Your Honorable Body has already approved it. (#139, C.C.P. May 28, 1996). RECEIVED AND FILED. No.9 Cathedral Park Partners, Request Erect a Ground Sign at 1014 Delaware Avenue Item No. 100, C.C.P., 5/28/96 The City Planning Board at its regular meeting held Tuesday, June 4. 1996 considered the matter captioned above pursuant to section 387-19 of the Buffalo Code - The Review of Ground Signs. The applicant seeks to erect an accessory, illuminated ground sign which will have a sign face area of 24.5 square feet (3.51 by 71) with an overall height of 6 feet. The site is located within an R5 zone which does not permit such signs. The site is also located in the Linwood Preservation District. Consequently. the applicant must seek approvals from the Zoning Board of Appeals and the Buffalo Preservation Board for the proposed sign. The Planning Board voted to approve the proposed sign with the condition that the Buffalo Preservation Board finds that it is consistent with the historic character of the Linwood Preservation District. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BOARD OF STADIUM AND AUDITORIUM No. 10 Abatement of Outstanding Invoices As recommended in the Performance Audit Report for the period of July 1, 1990 to June 30, 1990 we request abatement for the following uncollectible invoices due to the statute of limitations: Invoice No. Date Amount 1) AR000008 07/08/85 $4,773.75 2) AR000009 07/08/85 700.00 3) AR000010 07/08/85 300.00 4) AR000009 08/14/87 254.66 5) AR000011 09/11/87 636.67 6) AR000020 10/30/87 636.67 7) AR000033 11/30/87 636.67 8) AR000042 12/21/87 636.67 9) AR000052 01/29/88 636.67 10) AR000055 03/09/88 636.67 11) AR000058 03/31/88 636.67 12) AR000074 05/31/88 636.67 13) AR000012 09/16/88 7,000.00 14) AR000018 09/30/88 4,922.06 15) AR000040 12/31/88 636.67 16) AR000041 12/31/88 636.67 17) AR000042 02/28/89 636.67 18) AR000043 02/28/89 636.67 19) AR000063 03/31/89 636.67 20) AR000027 12/15/89 637.50 TOTAL: $26,864.68 REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. FROM THE BOARD OF ETHICS No. 11 Resignations - Various Boards The following have resigned as members off the following Boards: Germaine Buck Environmental Mngment Comm. Mary Ann Considine Stadium & Auditorium Fred Langdon Stadium & Auditorium Edward Gasiuk Stadium & Auditorium John Scanlon Stadium & Auditorium Pat Casilio Home Improvement Board Gregory Young Bflo. Ambulance Board Murlidhar Yadov Substance Abuse Advisory Board George Panepinto Home Improvement Ad. Board Richard Lippes Environmental Mgmt. Commission Thomas Roetzer Committee Persons w/Disabilities RECEIVED AND FILED. FROM THE BUFFALO ARTS COMMISSION No. 12 Swan & Franklin Streets Fountain Project The Buffalo Arts Commission respectfully requests your Honorable Body's approval to enter into the attached agreement with the Erie County Youth Build, Inc. for renovations (as outlined in the attachment) to the fountain at Swan & Franklin Streets. Thank you for your time and attention to this matter. Mrs. LoTempio moved: That the Executive Director of the Buffalo Arts Commissioner be and hereby is authorized to enter into an agreement with the Erie County Youth Build, Inc., for renovations to the fountain at Swan and Franklin Streets. PASSED. AYES - 13, NOES - 0. FROM THE COMPTROLLER No. 13 Certificate of Necessity Transfer of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $894.00 be transferred and reappropriated from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, May 30, 1996 RECEIVED AND FILED. No. 14 Report of Audit Department of Stadium and Auditorium Division of Memorial Auditorium In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Division of Memorial Auditorium audit report for the period July 1, 1990 to June 30, 1995. Our basic recommendation is to make a diligent effort to collect all current fiscal year accounts receivable invoices prior to the Auditorium being closed for events this September. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION & FINANCE AND THE CORPORATION COUNSEL. No. 15 Demolition of 314 William The demolition of the above referenced property was completed on 9/5/89. Thereafter, the owner of the property, Ernestine Wingate, entered into a promissory agreement with the City for repayment of demolition costs. The total cost of demolition expenditure by the City of Buffalo from the Special Assessment fund was $9,100.00. By entering into promissory agreement with the owner, the City of Buffalo opted for personal liability collection of the demolition costs. The owner has completed and fully satisfied her obligation by payment of $ 9,100.00. However, during the term of payment, demolition charges on the tax roll were subject to additional interest pursuant Real Property Tax Law. A total of $ 9,789.34 in interest (thru 5/31/96) over and above the amount of the demolition expenditure appear on the tax roll for Year 1990-91. All property taxes and sewer rent levied to date against the property have been paid, leaving only demolition-related interest remaining. The property is listed for In Rem Foreclosure action #30 based upon the interest balance for 1990-91. This is to request that the Common Council authorize the Department of Assessment, Tax Division, to administratively remove from the tax roll all demolition-related interest accrued, and to cancel $400.00 foreclosure fees for In Rem #30, thus removing the property from foreclosure. Mrs. LoTempio moved: That the communication from the Comptroller, dated June 6, 1996 be received and filed; and That the Commissioner of Assessment be, and he hereby is, authorized to remove from the tax roll all demolition-related interest accrued and to cancel $400.00 foreclosure fees for in Rem #30, and to remove 314 Williams Street from foreclosure. PASSED. AYES - 13 NOES - 0 No. 16 Result of Negotiations 200 Adams, Garage Lot Size: 30' x 109' Assessed Valuation: Land: $1,700 Total: $9,400 202 Adams, Vacant Lot Lot Size: 30' X 109' Assessed Valuation: $1,700 The Office of the Comptroller, Division of Real Estate, has received a request from Ms. Carol A. Porter, 89 Campbell Road, Cheektowaga, New York 14215, to purchase the above captioned properties. The property located at 200 & 202 Adams Street consists of a vacant one-story concrete building and a vacant 301 x 109' lot. Ms. Porter intends to use this building for the storage of a boat and other personal property. She has provided the Division of Real Estate with a list of improvements to be completed at the property and proof of financial ability to complete the purchase and improvements of the property. An independent appraisal of the properties was conducted by Mr. Robert E. Jones, Appraiser, 1325 Kensington Avenue, Buffalo, New York 14215. He has estimated the fair market value of both properties to be Thirty-Two Hundred Dollars $3,200.00). The Division of Real Estate has investigated the sales of similar properties in the area and concurs with the appraiser's estimate of value. The results of our negotiations are that Ms. Carol A. Porter has agreed and is prepared to pay Thirty-Two Hundred Dollars ($3,200.00). She has also agreed to pay for the cost of the appraisal, recording fees, transfer tax and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 200 & 202 Adams Street to Ms. Carol A. Porter in the amount of Thirty-Two Hundred Dollars ($3,200.00). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 17 Lease With Option to Purchase 90 Hopkins Street 2446.81' S of Tifft Street Lot Size: 781' x 8 acres The Comptroller's Office, Division of Real Estate, has received a request from Mr. Alkey Castricone of Armour Pallets, 103 Manitoba Street, Buffalo, New York 14207, to lease the above captioned property with an option to buy. Mr. Castricone intends to move his business from Manitoba Street to the Hopkins Street location. He is in the business of repairing and making wooden pallets. The results of our negotiations are as follows: 1. Mr. Castricone has agreed and is prepared to pay $200 a month for rental of the property. He will clean and make the necessary repairs to the building and the grounds of the property. With the assistance of the City, he will remove the abandoned tires located throughout the property. 2. The term of the lease will be for two years. 3. The tenant has the option to purchase the property. The purchase price will be established by an independent real estate appraiser, to be paid for by the purchaser. 4. The tenant will provide the City with a general liability policy holding the City harmless from accident or injury which may result through their use of the property. The amount of the liability will be determined by the City Law Department. I am recommending that Your Honorable Body approve the lease with Mr. Alkey Castricone based upon the above terms and conditions. I am further recommending that the Corporation Counsel prepare the necessary lease agreement and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. No. 18 Remove Apollo Theater From Auction List Item No. 177, C.C.P. 5/14/96 The above mentioned item has been referred to the Committee on Finance and the Comptroller's office for a response. The resolution requests the Comptroller to remove the Apollo Theater from the city auction list in recognition of its importance to the Jefferson Renaissance Project. Please be advised that 1346 Jefferson Avenue, Apollo Theater, is not slated for any city auction. The Apollo Theater does appear in the Catalog of Improved Properties Offered for Sale. The Division of Real Estate is aware of the ongoing efforts of the proposed Jefferson Renaissance Project. As a matter of policy, improved properties remain in the catalog until the property is either sold or demolished. The Division of Real Estate will inform Your Honorable Body if any new interest is developed, other than the Jefferson Renaissance Project. I hope the above will clear up any confusion as to the status of the Apollo Theater. REFERRED TO THE COMMITTEE ON FINANCE. No. 19 Re-Submit Offer 188 Madison Item No. 106, C.C.P. 10/3/95 In the above referenced item Your Honorable Body received and filed an offer from 9274 Group, 210 Ellicott Square Building, Buffalo, New York 14203, for the property located at 188 Madison Street, a vacant lot 36' x 69'. They intend to commercially develop and improve the property on William Street between Jefferson Avenue and Madison Street, which will include the acquisition of the 188 Madison parcel. This office has received a request from Mr. William Paladino, Ellicott Development Corporation, to resubmit the offer of Three Thousand Dollars ($3,000), which was the appraised market value of the property established by G.A.R. Associates, Inc., an independent appraisal service. I am recommending that Your Honorable Body reconsider and accept the offer of 9274 Group, Inc. in the amount of Three Thousand Dollars ($3,000). In addition to improving the above mentioned block on William with commercial development, 188 Madison which has been in our inventory since 1981, will be restored to the tax rolls. 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. AYES- BROWN, COPPOLA, CZAJKA, FRANCZYK, FRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12 NOES - PITTS- 1 FROM THE COMMISSIONER OF PUBLIC WORKS No. 20 Notification Serial #8679 Install Stop Signs (All-Way) in Durant Street at Sirret Street STOP SIGNS (ALL WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Durant Street Sirret Street Notification Serial #8680 Install Stop Signs (All-Way) in Abby Street at O'Connor Avenue STOP SIGNS (ALL-WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Abby Street O'Connor Avenue This action is being taken due to the recent development of this area, with street reconstructions and new housing, and its intermix with heavy trucking industries. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 21 Bond Closeout No. 17, C.C.P. 5/14/96 No. 65, C.C.P. 5/28/96 I have been asked to comment on the response from Commissioner Hassett regarding closeout of a capital project that was authorized to purchase the City's auto impound at 189 Tonawanda. I have discussed this item with Commissioner Hassett and I concur with her findings on this matter. This department has no objection and supports the proposed bond closeout. REFERRED TO THE COMMITTEE ON FINANCE No. 22 Bond Cancellation; 660 Main Street It is hereby certified that the bond described below be canceled: Principal: J. M. Duke Corporation D/B/A Swiss Chalet Bar-B-Q Surety: Aetna Casualty and Surety Company Amount: $5,000.00 Structure: Elevated Outdoor Patio Location: 660 Main Street This bond is no longer necessary due to the fact the encroachment has been removed from City right-of-way. The above captioned bond should be deemed released and canceled as to future liability in accordance with the provisions of the City Ordinances. RECEIVED AND FILED. No. 23 Report of Bids For the Repairs of the South Park Avenue Lift Bridge over the Buffalo River Item No. 29, C.C.P. 04/16/96 As authorized and directed by Your Honorable Body in item Number 29, C.C.P. 04/16/96 we have received informal bids for the necessary repair work to the South Park Avenue Lift Bridge over the Buffalo River. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and materials which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be more or less than the total bid. The following bids were received: Unit Price Increase Contractor Total Bid (Total Bid + 10/.) Gateway Welding $17,808.00 $19,588.80 (Low) Services Inc. M. Faigiano Const. $26,890.00 $29,579.00 Co., Inc. Nichter Associates $34,600.00 $38,060.00 Inc. Contour Erection No Bid & Siding Systems Inc. I hereby certify that the lowest responsible bidder for the above project is Gateway Welding Services Inc., and I have ordered the work completed and the cost thereof to be charged to the Division of Engineering Bond Fund 200-401-015 in an amount of $17,808.00, plus approved unit prices for an additional amount of $1,780.80 for a total encumbrance of $19,588.80. The engineer's estimate for this work is $20,000.00 The above is certified to be a true and correct statement of the bids received. This resolution is for informational purposes only. REFERRED TO THE COMMITTEE ON FINANCE. No. 24 Report of Bids-Repairs of the South Ogden Bridge Over Buffalo River. Item No. 21, C.C.P. 10/31/95 As authorized and directed by Your Honorable Body in item Number 21, C.C.P. 10/31/95 we have received informal bids for the necessary repair work to the South Ogden Bridge over the Buffalo River. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and materials which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be more or less than the total bid. The following bids were received: Unit Price Increase Contractor Total Bid (Total Bid + 10/.) Gateway Welding $11,700.00 $12,870.00 (Low) Services Inc. M. Falgiano Const. $12,600.00 $13,860.00 Co., Inc. Nichter Associates $14,700.00 $16,170.00 Inc. Contour Erection No Bid & Siding Systems Inc. I hereby certify that the lowest responsible bidder for the above project is Gateway Welding Services Inc., and I have ordered the work completed. In our request for permission to make the necessary emergency repairs in Item No. 21, C.C.P. 10/31/95, we mistakenly identified Bond Fund 200-401-023. This account should have been identified as Bond Fund No. 200-401-015. Therefore, the cost thereof these repairs is to be charged to the Division of Engineering Bond Fund 200-401-015 in an amount of $11,700.00, plus approved unit prices for an additional amount of $1,170.00 for a total encumbrance of $12,870.00. The engineer's estimate for this work is $20,000.00 The above is certified to be a true and correct statement of the bids received. This resolution is for informational purposes only. REFERRED TO THE COMMITTEE ON FINANCE. No. 25 Report of Bids Colonel Ward Pumping Station Steam Tunnel Asbestos Abatement Project Contract No. 36 As authorized by your Honorable Body in CCP 129 of April 18, 1995 plans and specifications were prepared and sealed proposals accepted for Colonel Ward Pumping Station, Steam Tunnel Asbestos Abatement Project, Contract No. 36. I submit the following report of all bids received which were opened in my office at 11:00 a.m. on May 20, 1996. A.A.C. Contracting 8 Cairn Street Rochester, New York 14611 $79,913.00 Modern Environmental Service 747 Erie Avenue North Tonawanda, New York 14120 $94,319.00 Peerless Environmental Control, Inc. 100 River Rock Drive Suite 301 Buffalo, New York 14207 $102,300.00 Arric Corporation 5033 Transit Road Depew, New York 14043 $115,000.00 TGR Corporation 540 Straight Street Paterson, New Jersey 07503 $118,000.00 Frontier Insulation Contractors, Inc. 2101 Kenmore Avenue Buffalo, New York 14207 $119,800.00 I certify that the foregoing is a true and correct statement of all bids received and that A.A.C. Contracting, Inc., 8 Cairin Street, Rochester, New York is the lowest responsible bidder complying with the plans and specifications with their bid of $79,913.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with A.A.C. Contracting, Inc. for the above work the cost thereof to be charged to the Division of Water's Capital Project Account, 416-982-506 in the amount of $79,913.00 for the base bid plus approved unit prices for an additional $7,991.30 for a total encumbrance of $87,904.30. The Engineer's estimate for this project was $120,000.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated May 24, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Colonel Ward Pumping Station, Steam Tunnel Asbestos Abatement Project, Contract No. 36, to A.A.C. Contracting, Inc., the lowest responsible bidder in the amount of $79,913.00, plus approved unit prices for an additional amount of $7,991.30 for a total encumbrance of $87,904.30. Funds for this project are available in the Division of Water's Capital Project Account, 416-982-506. PASSED. AYES - 13 NOES - 0 No. 26 Report of Bids Crane Branch Library Heating System Upgrade I advertised for on May 14, 1996 and received the following sealed proposals which were publicly opened and read on May 28, 1996. R P Mechanical $24,242.00 Fred's Welding $25,876.00 King Machine Welding $27,850.00 Northeast Mechanical $28,479.00 W C Roberson $32,376.00 Peerless AC & Heating $39,841.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that R P Mechanical, in the amount of Twenty Four Thousand Two Hundred Forty Two and 00/100 Dollars ($24,242.00) 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 are available in B/F 200402-053 - Division of Buildings. Estimate for this work was $30,000.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated June 3, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Buffalo & Erie County Library, Crane Branch Library, Heating System Upgrade to R P Mechanical, the lowest responsible bidder in the amount of $24,242.00. Funds for this project are available in B/F 200-402-053 - Division of Buildings. PASSED. AYES - 13 NOES - 0 No. 27 Report of Bids 20, Watermain Replacement in Jefferson Ave. Between Exchange St. to William St. As authorized by your Honorable Body in Item No. 124 of May 31,1994, plans and specifications were prepared and sealed proposals accepted for replacement of approximately 3,965 linear feet of existing 20-inch, 12-inch, 10-inch , 8-inch and 6-inch distribution watermains in Jefferson Avenue between Exchange and William. Replacing 12-inch and 10 inch waterlines with approximately 105 L.F. of new 12-inch ductile iron waterline on Clinton Street I submit the following report of all bids received which were opened in my office at 11:00 a.m. on Thursday, May 30, 1996. Firstrhyme Const. Corp. Inc. 3517 Genesee Street Buffalo, NY 14225 $753,632.00 Kandey Company 19 Ransier Drive West Seneca, NY 14224 $784,167.00 Dorsch Construction Co., Inc. 13268 Dorsch Rd., Akron, NY 14001 $885,109.50 Sergi Construction Inc. 775 Jewett Holmwood Rd., East Aurora, NY $990,800.00 MPJ Contracting Inc. 68 Churchill Street Buffalo, NY 14207 $1,033,930.50 Paul J. Gallo Contracting, Inc. 4244 Ridge Lea Rd. Amherst, NY 14226 $1,018,160.00 Visone Construction 79 Sheldon Avenue Depew, NY 14043 $1,147,642.50 I.W.S.S. Inc. 201 Ganson St. Buffalo, NY 14203 $1,340,064.65 All bids have been reviewed by the Division of Water and the Consulting Engineer and found to be fair and equitable. I hereby certify that the foregoing is a true and correct statement of all bids received and that Firstrhyme Construction Corp, Inc. is the lowest bidder complying with the specifications for Watermain Replacement in Jefferson Avenue between Exchange St. to William Street with their bid of $753,632.00 I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Firstrhyme Construction Corp., Inc. for the above work in the amount of $753,632.00 plus 75,363.00 for approved unit pieces for a total encumbrance of $828,995.00 and same be charged to the Division of Water's 416-983-501-00-000 account The Engineer's estimate for this work was $844,800 Mrs. LoTempio moved: That the communication from the Department of Public Works, dated June 6, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for 20" Watermain Replacement in Jefferson Avenue between Exchange Street to William Street, to Firstrhyme Construction Corp., Inc., the lowest responsible bidder in the amount of $753,632.00 plus $75,363.00 for approved unit prices for a total encumbrance of $828,995.000. Funds for this project are available in the Division of Water's Capital 416-983-501-00-000 account. PASSED. AYES - 13 NOES - 0 No. 28 Extension of Time City Contract No. 91847700 Perry Street - 48 Inch Waterline Relocation In accordance with the terms of the contract between the City of Buffalo and Dorsch Construction Company, Inc., City Contract No. 91847700, Perry Street 48" Waterline Relocation, the work called for in this contract was scheduled is scheduled to be completed by June 26, 1996. The contractor has requested an extension of time in this contract due to the re-routing of the direction of the pipe line as there was suspected contaminated materials where the original pipeline was designed to be laid. The contractor has been stopped from doing any saw cutting or to proceed anymore with the work until the Engineer has designed the new location for the pipe. Accordingly, I have granted an extension of time in the contract with Dorsch Construction Company, Inc. The new completion date for this contract is September 27, 1996. RECEIVED AND FILED. No. 29 CMAQ Traffic Signal Improvement Projects Permission to Retain Consultant Engineers/Enter Into Agreements The following CMAQ traffic signal improvement projects are to be funded in the five-year Capital Budget Program and are scheduled for State fiscal year 1997-1998 (letting date 11/97). The projects are funded by Federal ISTEA funds categorized as Congestion Mitigation/Air Quality. Therefore, I request permission from Your Honorable Body to retain three (3) Consultant Engineers to prepare plans and specifications and provide design and inspection for the following traffic signal projects: 1. Ontario Street - from Niagara Street to Skillen Street 2. Richmond Avenue - from North Street to Forest Avenue 3. Masten Avenue - from Main Street to East North Street Funds for the Consultant Engineers (100%) and the local match (20%) will be available in a future bond account. Also, I respectfully request Your Honorable Body to authorize the Commissioner of Public Works to sign all appropriate agreement concerning these projects. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated May 30, 1996, be received and filed- and That the Commissioner of Public Works be, and he hereby is, authorized to retain three (3) Consultant Engineers to prepare plans and specifications and provide design and inspection for the traffic signal projects as listed in the above communication. The Commissioner of Public Works is also authorized to enter and execute all appropriate agreements concerning these traffic signal projects. Funds for the Consultant Engineers (100%) and the local match (20%) will be available in a future bond account. PASSED. AYES - 13 NOES - 0 No. 30 73 Allen Street; Requests Permission to Install Sidewalk Cafe Mr. Michael Walsh, owner of K. Galleghers Restaurant, located at 73 Allen Street, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The cafe measures twenty feet (20') in length and projects four and one-half feet (4.51) from the building face into City right-of-way. The Department of Public Works has reviewed Mr. Walsh's application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed twenty feet (201) in length or extend more than four and one-half feet (4.51) from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of two dollars per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. (20' x 4.5' = 90 x 2 = $180.00/year) 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 arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 31 752 Elmwood Avenue Requests Permission to Operate Existing Sidewalk Cafe Mr. Kuniyuki Sato, owner of Kuni's Sushi Bar, located at 752 Elmwood Avenue, has requested permission to utilize a sidewalk cafe which encroaches City right-of-way at said address. The cafe measures fifteen feet (15') in length and projects eight feet (8') from the building face into City right-of-way. The Department of Public Works has reviewed Mr. Sato's application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe was 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 fifteen feet (15') in length or extend more than eight feet (8') from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of two dollars per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. (15' x 8' = 120 x 2 = $240.00/year) 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 arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 32 Permission to Prepare Plans & Specifications/Advertise For Construction of Handicap Ramps 1996-1997 Group #408 I hereby request permission from Your Honorable Body to prepare plains, specifications and advertise for sealed proposals for the Construction of Handicap Ramps 1996-97, Group #408. This project is to construct or to convert existing radius sidewalk curbing for wheelchair access at various intersections in the City. This project was approved as part of the 1995-1996 Capital Improvements Budget. Funds should be available in the Division of Engineering Capital Projects Fund #200-401-032-00-000. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated June 5, 1996 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to prepare plans and specifications and advertise for sealed proposals for the construction of Handicap Ramps 1996-97, Group #408. Funds for this project are available in Division of Engineering Capital Projects Fund #200-401-032-00-000. PASSED. AYES - 13 NOES - 0 FROM THE COMMISSIONER OF POLICE No. 33 Checks Received Item No. 104, C.C.P. 2/2/88 Per C.C.P.No. 104 of February 2. 1988, hereto, please find copies of the following checks: 8104-00166792 $2,336.37 Total Deposit $2,336.37 The above referenced property has been administratively forfeited by the Drug Enforcement Administration. (DEA). These checks were received by this Department and duly deposited in the Trust & Agency Account, 610-200-217-00-300. RECEIVED AND FILED. No. 34 Fully Executed Drug Interdiction Points of Entry Contract '95-'96 On Behalf Of NFTA Item No.#18, C.C.P. 01/09/96 Please be advised that the Drug Interdiction/Points of Entry contract between the New York State Division of Criminal Justice services and the City of Buffalo, on behalf of the Niagara Frontier Transit Authority Police through a sub-agreement, has been fully executed. Please note that the project dates, amended internally and directly with the State, but not included with this contract since it was already in process, cover a time period from October 1, 1995 through September 30, 1996. Under this contract, the City will act as a conduit for payment to the NFTA for their share of federal funding in the amount of $59,063.00. As is our standard practice, a copy of this contract is on file in the Department of Administration/Finance (Budget), in the Division of Accounting/Audit and in the Grants Section of the Buffalo Police Department, and for informational purposes only, a copy has been sent to the Grants Network Resources Partnership. Thank you for your attention to this matter. RECEIVED AND FILED FROM THE CORPORATION COUNSEL No. 35 Greater Buffalo Soccer, L.P., Lease On September 1, 1992, the City of Buffalo and Greater Buffalo Soccer, L.P. (hereinafter referred to as "Buffalo Blizzard") entered into a lease agreement for use of Memorial Auditorium. The lease was for the period between September 1, 1992 and August 31, 1994. The lease was approved by the Common Council, Item No. 94, C.C.P., December 8, 1992. The lease provided for annual rental payments of $65,000 plus eight percent (8%) of gross receipts in excess of $1,200,000. The lease contained a provision for a one year renewal with a minimum annual lease payment of $80,000 at the option of the Buffalo Blizzard for the 94-95 year. The Buffalo Blizzard did not exercise its option to renew the lease. As a result, the Buffalo Blizzard continued in a holdover tendency under the same terms as the original lease for the 94-95 year. In September of 1995, the Buffalo Blizzard approached the Board of Stadium and Memorial Auditorium concerning a lease for the 95-96 year. A copy of a communication from John Bellanti, President of Greater Buffalo Soccer, L.P. dated September 15, 1995 is enclosed. Due to attendance and concession issues, the Buffalo Blizzard requested a lease extension for the 95-96 season with a modified rent structure. Enclosed for your review is a letter dated January 2, 1996 from John Glemb, Controller of the Buffalo Blizzard showing the net ticket receipts for the 92-93, 93-94 and 94-95 seasons. After consideration by the Board, an agreement was made providing for a one year lease agreement with a minimum guaranteed rental payment of $50,000 with additional rental of 10% of the gross receipts less taxes in excess of $700,000. On October 4, 1995, the Board of Stadium and Memorial Auditorium approved the proposed lease extension for the 95-96 season. A copy of the minutes of the meeting on October 4, 1995 is enclosed. By letter dated October 15, 1995, the Board advised the Buffalo Blizzard of the lease modification and extension. A copy of the letter is also enclosed. The lease extension is also subject to Common Council approval pursuant to section 517 of the Charter of the City of Buffalo. Due to an oversight, the lease extension was not submitted to the Common Council previously. The purpose of this communication is to request that your Honorable Body approve the lease extension with the proposed rent structure set forth above. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. No. 36 PERB Smoking Decision For your information, the New York State Public Employment Relations Board ("PERB") has handed down a decision regarding the City's Smoking Ordinance, Article IV of Chapter 399 of the Code of the City of Buffalo. A copy of the Administrative Law Judge's Decision and Recommended Order is attached. The Administrative Law Judge ("ALJ") ruled, upon improper practice charges filed by the City's labor unions, that the City violated its duty to negotiate with the unions by imposing a smoking ordinance which banned smoking in all City buildings and vehicles. Accordingly, the City is directed by the ALJ to cease from enforcing the City's smoking ordinance as amended, to the extent the ordinance exceeds the requirements of Section 1399-o(6) of the New York State Public Health Law, and to re-institute smoking policies which existed prior to the enactment of the smoking ordinance as amended, to the extent those policies are consistent with Section 1399o(6). The City is also required to post a notice of the ALJ's decision for employees. The smoking ordinance as amended is consistent with Section 1399-o(6) with three exceptions, Section 1399-o(6) requires that the City provide contiguous non-smoking areas in employee cafeterias, lunch rooms and lounges; permit smoking in conference rooms where everyone in the room agrees to permit smoking; and permit smoking in City vehicles occupied by only one person, or when occupied by two or more persons, where the parties agree to permit smoking. The ALJ's Decision and Recommended Order does not become final and binding on the City until the expiration of either party's time to raise exceptions to the PERB Board in Albany, or until a final determination is made by the PERB Board after exceptions are filed. The Corporation Counsel has determined that it is appropriate to raise exceptions to the decision and intends to file an appeal. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 37 Metropolitan Fiber Systems of New York, Inc. ("MFSNY") 667 Main Street PILOT Item No. 87, C.C.P., 5/14/96 Metropolitan Fiber Systems of New York, Inc. ("MFSNY") desires to operate a telecommunications system in the city of Buffalo. MFSNY currently operates under an interim agreement, and desires to enter into good faith negotiations for a final agreement with the city. A copy of the interim agreement has been attached to this communication. The office of the Corporation Counsel recommends that this matter be submitted to the Common Council, specifically, the Telecommunications Committee of the Common Council for these negotiations. This office stands ready to assist throughout the negotiation process. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS. No. 38 667 Main Street PILOT Item No. 87, C.C.P., 5/14/96 You have requested a response from the Law Department regarding the status of the PILOT Agreement for 667 Main Street, The Law Department is currently engaged in ongoing negotiations regarding the PILOT Agreement. Ms. Howard's letter regarding the payment of outstanding taxes is somewhat misleading in relation to the progress of the negotiations. The checks totalling $5,300 for outstanding taxes were deposited in a separate Trust & Agency account immediately upon their receipt. This is a separate ledger which is maintained by the Division of the Treasury, which takes payment on these informal agreements until the taxes are paid in full. The payments are not reflected in the records of the Collections Division until the taxes are paid in full. This had previously been communicated and explained to Ms. Howard on several occasions. On Tuesday, May 7th, the Corporation Counsel met with Ms. Howard and Marty Kennedy of the Assessment Department regarding the PILOT Agreement. It was decided at that meeting that Ms. Howard would supply the Law Department and the Assessment Department with paper work concerning tax exempt status, and a Certificate of Incorporation. The requested material was delivered by Ms. Howard the following day. The Law Department is currently in the process of drafting the PILOT Agreement. However, Ms. Howard was informed at the meeting on May 7th, that this department would not be able to set up the actual financial portion of the PILOT Agreement until the projections that were previously requested, regarding taxes due and owing, were received. We are still waiting for these projections. It is very difficult, if not impossible, to draft an agreement without all of the pertinent information at hand. When that information does arrive, this department shall finish the PILOT Agreement expeditiously. REFERRED TO THE COMMITTEE ON FINANCE. No. 39 Use Of North Buffalo Ice Rink Item No. 186, CCP, 5/14/96 You requested a response from the Law Department regarding whether the North Buffalo Community Development Corporation, Inc. ("NBCDC") violated their agreement with the city by allegedly denying the Explorer League ice time at the North Buffalo Ice Rink. The agreement does allow the NBCDC "to provide the activities that it determines appropriate" for the rink. This gives the NBCDC some discretion in operating the rink. Attached please find a communication from the NBCDC which refutes the allegation. At this time, there is insufficient information to conclude that the agreement with the city and the NBCDC was violated. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 40 North Buffalo Ice Rink Item No. 93, C.C.P., 5/28/96 You have requested a response from the Law Department regarding the Income Statement submitted by the North Buffalo Community Development Corporation ("NBCDC") for its operation of the North Buffalo Ice Rink. The Income Statement reports that a balance of $51,651.76 remains after expenses for fiscal year 1995-96. Pursuant to the Agreement with NBCDC to operate the Ice Rink, any funds remaining at the end of the fiscal year shall be returned to the City to offset the City's costs. NBCDC has proposed transferring $3,500.00 now and making the rest payable after September 1996. NBCDC has projected their costs and income for the rest of the year and they believe they need the funds to cover operating costs. Unless the Agreement is amended, NBCDC has no right to retain the $51,651.76. If NBCDC fails to return the funds to the City as specified in the Agreement, that will constitute grounds for the City to terminate the Agreement. Any amendment of the Agreement would require the approval of the Common Council. REFERRED TO THE COMMITTEE ON LEGISLATION No. 41 Engineering Study - Central Terminal Item No. 83, C.C.P., 5/14/96 You have requested a response from the Law Department regarding the protest of Foit-Albert Associates Architecture, Engineering and Surveying, P.C. ("Foit-Albert") in relation to the selection of Hamilton, Houston, Lownie Architects, P.C. ("Hamilton") to provide a structural analysis of the Buffalo Central Terminal. Foit-Albert felt they should have been selected for the project due, in part, to their long association with the Buffalo Central Terminal. Fillmore District Councilmember David Franczyk decided to utilize $50,000 in Community Development Block Grant funds to perform an engineering study on the Buffalo Central Terminal to determine whether the building was structurally sound, and if so, what future uses may the building provide. The Councilmember chose the Polish Community Center of Buffalo, Inc. ("PCC") to serve as the pass-through agency because City-based agencies were too busy to supervise the project. The Buffalo Urban Renewal Agency ("BURA") approved the PCC as the pass-through agency. PCC sent out a Request for Proposals to sixteen local and national architectural firms. Foit-Albert was one of the firms invited to submit a proposal. PCC, in cooperation with Councilmember Franczyk and Community Development Department personnel, organized an advisory committee to evaluate the five proposals received. The Councilmember did not personally serve on the committee. After interviewing the responding firms and reviewing the proposals, it was felt that Hamilton submitted the best proposal. The Foit-Albert proposal was well received, but the Hamilton proposal went further and seemed to offer a new perspective on the Buffalo Central Terminal. Once Foit-Albert learned of the selection, they wrote to PCC in protest of the decision, citing their disappointment. Foit-Albert had been involved with restoration studies involving the Buffalo Central Terminal in conjunction with the University of Buffalo and other efforts involving Councilmember Franczyk over the past few years. In their protest, they wished to know the objective criteria used by the committee to make the decision. Since the project uses HUD money, they also forwarded their protest to the United States General Accounting Office. There does not appear to be any impropriety in the selection process which awarded the project to Hamilton. After interviewing all candidates in a fair and open process, Hamilton was selected based on the quality of their proposal. BLTRA Counsel has authorized the issuance of the contract, but there are other delays due to the Buffalo Central Terminal's problems in Housing Court. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 42 Freedom of Information Request -West Side Community Services Item No. 96, C.C.P., 5/28/96 You have requested a response from the Law Department regarding the Freedom of Information request received from West Side Community Services ("WSCS"). The request sought specific documents related to Community Development Block Grant funding in the Niagara District from both the Law Department and Niagara District Councilmember Robert Quintana. Pursuant to Section 89 (3) of the Public Officers Law, the City has five (5) business days from the date of receipt to respond to the request for information. Within that time period, on behalf of the Law Department and Councilmember Quintana, this office acknowledged the receipt of the WSCS's request and identified when the request would be granted. The documents in the Councilmember's office will be available for inspection by WSCS after June 3, 1996. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 43 Abandonment, Closure and Transfer of Railroad, Griffin and Roseville Streets The Department of Community Development, Buffalo Urban renewal Agency (BURA) and Buffalo Neighborhood Revitalization Corporation (BNRC), in accordance with the South Ellicott NDP Urban Renewal Plan, Is requesting that a portion of Railroad, Griffin and Roseville Streets, on the south side of Exchange Street, be formally abandoned ( pursuant to survey map by TVGA, job #928644, dated 6-17-92 and attached legal descriptions, subject to all easements and restrictions of record). The closing of the streets has been an integral component of the Contract of Sale of land for private re-development between BURA and BNRC for the COLAD Project, referenced in Council LDA for COLAD, CCP #146, 4-16-96). The objective of the South Ellicott NDP Urban Renewal Plan is to develop and stabilize the area by using portions of vacant land and other undeveloped lots creating new development sites and opportunities. Your consideration in this abandonment would assist in expediting the development of the proposed COLAD Project. We are requesting that this honorable body abandon and close all three (3) streets, and transfer this property jointly to BURA and BNRC, in order to effectuate the sale to COLAD Group, Inc. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 44 P. Garvey Concerns Regarding Wegmans Project- Pursuant to Your Honorable Bodies request attached, please find a copy of a correspondence dated March 22, 1996 which was forwarded to the attention of Mr. Garvey relating to the issues he presented at the time. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 45 Increase in Contract -McKinley Monument Fountains Reconstruction Contract #91843900 I herewith submit to Your Honorable Body the following increase in contract for additional construction related to restoration of the McKinley Monument Fountains, Contract #91843900 with Patterson Stevens Inc. 1.) Time and material changes for concrete repair and grouting necessary to prepare surfaces for installation of liners. Total of 60 man hours to complete work. ADD $3,634.50 2.) Pressure cleaning of fountain surfaces with specialized baking soda process to minimize erosion damage of historical fountain elements. ADD $3,967.50 TOTAL ADD $7,602.00 Both of the proceeding items were deemed necessary for proper operation and aesthetics of the McKinley Monument Fountains. Cost were reviewed and approved by Community Development Engineering staff and the Niagara Square Restoration Committee. Funds are available in C.P.A. #200-717-063. A contract summary is as follows: Original contract amount $32,925.00 Amount this change #1 $7,602.00 Revised Contract Amount $40,527.00 I therefore recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Patterson Stevens Inc. as described above. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF STREETS No. 46 Request For Permit To Collect Refuse And Garbage In The City Aurora Sanitation, Inc. 11283 East Main Street, East Aurora, New York 14052, 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. 47 Transfer of Title, Urban Homestead Program 310 Sherman Street (Lot Size-15'x132') The Department of Neighborhoods, Housing & Inspections has surveyed the city-owned lot at 310 Sherman Street, the parcel is 15'x 132' in dimension, and it has been determined that this parcel of land is inappropriate for either construction of a new housing or the construction of public recreation facilities. Mr. Cleveland Wilson, residing at 312 Sherman Street indicated that he will clean, improve and maintain the lot in the event that he obtains title to the property under the Urban Homestead program. Letters were sent to all other adjacent property owners, offering the property and giving them ample time to express interest in obtaining 310 Sherman Street under the Urban Homestead program. To this date, we have not received any response. We, therefore, recommend that the city-owned vacant lot be designated as a Homestead Property and be transferred to Mr. Cleveland Wilson on the condition that the property is cleared and improved within (6) months and is maintained in a sanitary manner.. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 48 N.Pearl St Block Club-Req City Prov. No Funds YWCA Prog. #85 C.C.P. May 14, 1996 We have reviewed the C.C.P. Item #85 (May 14, 1996) regarding the correspondence from the No Pearl Block Club. In February, 1995, as part of the annual Request for Proposals process of the Emergency Shelter Grant Program, the Division of Neighborhoods received an application from the YWCA for matching funds a HUD Supportive Housing Grant award of $175,000. Funds were to be used to rehabilitate a portion of the second floor of the YWCA Residence at 245 North Street to provide housing and support services for homeless, pregnant and parenting teens. The application was considered by the review panel and recommended for funding in the amount of $125,000. (At the time of the recommendation, the Council ha not yet formulated the special use permit legislation.) The YWCA has been awarded funds in many ESG rounds beginning in 1986 for the renovation and repair of the property at 245 North Street . The property is considered historically significant and has been licensed by the State of New York as an adult care residence. The YWCA has operated a home for adults the North Street location for almost thirty years. Because the average stay of adults at the residence is less than two years, the entire facility was qualified as transitional housing for homeless individuals under the H ESG guidelines. The proposal to convert the second floor was approved based on the application which indicated that the facility was then providing housing for up to 120 men and women who had been deinstitutionalized and who were seeking community residence (not including the facility for victims of domestic violence on the fifth floor which is able to assist up to an additional 13 families for a total of 45 more people served). The proposal noted that housing for these homeless people would be reduced to 100 beds and housing for homeless teens would be increased to serve up to 6 homeless teens and their children for a total of 118 individuals to be served (outside the domestic violence shelter). This represented a reduction from to 118 homeless people who would served at the primary facility. The Division, and the Emergency Shelter Grant program, does not differentiate between categories of homeless persons, and thus homeless teens eligible for housing under the program in that same manner that housing is available to homeless adults. The Council approved the allocation of the $125,000 to the YWCA as part of the 1995 Consolidated Plan application to HUD. Because it is a historic landmark, the State Historic Preservation Office had to review and approve the plans. The SHPO approval has recently been finalized and Mayor Masiello, based the approved Consolidated Plan, has signed the release of funds, In response to Ms. Burns' letter, the Department requested that the Corporation Council review the matter to determine if a special use permit required. According to the ordinance, a permit is required for an existing use if the use is "enlarged or extended" after July 1, 1995". The Department has recently been notified verbally by Corporation counsel Peace that this continued use as a homeless shelter by the YWCA does not require a special use permit; however we have not yet received a written opinion. A copy of the complete proposed renovations is attached for your review. REFERRED TO THE COMMITTEE ON LEGISLATION No. 49 Authorization to Order Demolitions During Council Recess In order to expedite demolition proceedings which will be necessary during the month of August when your Honorable Body is recessed, your authorization to proceed during said recess is hereby requested, with the understanding that bids will be reported in accordance with established policy. Mrs. LoTempio moved: That the communication from the Department of Neighborhoods, Housing and Inspections, dated May 31, 1996, be received and filed; and That the Commissioner of Neighborhoods, Housing and Inspections or the Commissioner of Community Development be, and he hereby is authorized to continue the bids for emergency demolitions during the Common Council's recess in August; and to report back to the Common Council the results of said emergency demolitions. PASSED. AYES - 13 NOES - 0 No. 50 Report of Emergency Demolition Bids for 497 & 503 Busti Avenue Due to the very serious and hazardous condition of the buildings located at 497 and 503 Busti Avenue inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on May 16, 1996 and that the contracts will be awarded to the following lowest responsible bidder: ADDRESS AND OWNER CONTRACTOR AND DOLLAR AMOUNT OF BID AGGREGATE BID: 497 Busti Ave. front & rear Cedar Wrecking & Salvage Donald T. Smith $9,600.00 220 Goodyear Buffalo, New York 503 Busti Ave. & Garage $8,200.00 Jacqueline Remington 118 Lovering Ave. upper Buffalo, New York TOTAL AGGREGATE BID: $17,800.00 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or owners in possession benefitted, under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE. No. 51 Report of Emergency Demo 40 Eaton, etc Due to the very serious and hazardous condition of the buildings located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on May 16, 1996 and the contracts will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR AND DOLLAR AMOUNT OF BID AGGREGATE BID. 40 Eaton Street Lebis Enterprises City of Buffalo $4,050.00 96 Landon Street $5,850.00 City of Buffalo 501 East Ferry Street $5,150.00 City of Buffalo 60 Inter Park $4,100.00 City of Buffalo 595 Sherman Street $9,400.00 City of Buffalo TOTAL AGGREGATE BID: $28,550.00 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of this project be charged to this department's Capital Projects Fund #200-241-003-00000. REFERRED TO THE COMMITTEE ON FINANCE. No. 52 Negative Declaration Amherst Street Wegmans Store A Negative Declaration for the above-referenced project is hereby filed with your office in accordance with Section 617.12 of the New York State Environmental Quality Review Act. If you should have any questions, please contact me at the Department of Neighborhoods, Housing and Inspections, Room 324 City Hall, Buffalo, New York 14202, (716) 851-4913. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 53 C. McClanahan - Complaint On Treatment By Neighborhood Housing, Corp. Item No.82, C.C.P May 14,1996 The Buffalo Neighborhood Revitalization Corporation purchased 111 Oxford Street from the U. S. Department of Housing and Urban Development from their list of foreclosed properties for $15,800.00 - Ms. McClanahan was informed by HUD of the purchase by B.N.P.C. and reviewed the premises in April 1995. She was informed that the purchase price would be approximately $60,000. 00 which represented our purchase price of $15 800.00 and rehabilitation expenses estimated at $40,000.00+. Information regarding a purchase subsidy of up to $20,000.00 for qualified purchasers and the 203(k) program was also explained to her. Ms. McClanahan also inquired about the vacant lot adjoining 111 Oxford and she was informed that the lot was privately owned. Ms. McClanahan further inquired about purchasing the property in an "As Is" condition. She was informed that the C.P.R. Program was intended to rehabilitate properties prior to sale but that upon verification of financing sufficient to purchase and rehabilitate the premises according to the B.N.K C. estimate, we would entertain a contingent offer. Ms. McClanahan again viewed the premises in May, 1995 and offered a $1,000.00 down payment to purchase the premises in an "AS IS" condition. She was informed that she had to qualify for the subsidy and obtain 203(k) rehabilitation and permanent financing totaling approximately $60,000.00. She was referred to Commonwealth Mortgage for 203(k) financing by the North Buffalo Community Development Center. Commonwealth Mortgage is a private mortgage corporation and does not work for the City. We were informed that Ms. McClanahan executed a pre-application with Commonwealth Mortgage on or about August 1, 1995 and her credit pulled shortly thereafter. Apparently Ms. McClanahan did not meet the credit criteria and her loan was denied on or about August 18, 1995. Apparently Ms. McClanahan attempted to satisfy the bank and offered a written explanation on or about September 1, 1995. It appears that her credit was reviewed in October 1995 but the problems had not been cleared and again her application was denied. B.N.R.C. did not enter into a purchase agreement with Ms. McClanahan for the sale of the premises. Thereafter B.N.R.C. received other inquiries regarding the premises and a another individual qualified for the 203(k) mortgage and entered into an agreement to purchase the property for $60,000.00. Thereafter Bella Vista Mortgage telephoned and inquired about Ms. McClanahan informing us that she had applied for a $28,000.00 mortgage. Hey were informed that the purchase price was $60,000.00 with the possibility of a subsidy up to $20,000.00. We were informed by them that she would not qualify for a higher mortgage. We requested that if she did to please forward that mortgage commitment to us. We contacted them by telephone several weeks later and were informed that Ms. McClanahan was no longer pursuing a mortgage with them. Ms. McClanahan's Attorney has been informed that B.N.R.C. is willing to have his client review other B.N.R.C. inventory and subject to her obtaining the necessary financing and program re-qualification select a more affordable home. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 54 LDA-Walnut Street New Housing Project Regency Homes The City of Buffalo Urban Renewal Agency duly designated Regency Homes 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 ADMINISTRATION AND FINANCE No. 55 Memorandum of Agreement City of Buffalo and Local 264, AFSCME, AFL-CIO Attached please find a Memorandum of Agreement between the City of Buffalo and Local 264, AFSCME, AFL-CIO concerning salary upgrades. This Agreement amends the 1995-1998 contractual settlement previously approved by Your Honorable Body. Your approval of this Agreement is respectfully requested. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 56 General Fund - City Gap Sheet Third Quarter 1995-96 Under this cover please find the City's General Fund Gap Sheet for the Third Quarter of Fiscal Year 1995-96. The Gap Sheet projects a positive fund balance of $426,000 for the 1995-96 fiscal year. It should be noted that this estimate is based upon information currently available to the budget office. Below is a summary of significant variances from the 1995-96 budget. On the revenue side, property tax and utility tax revenue continued to lag behind budget despite increasing from second quarter projections. Sales Tax revenue increased $1.15 million from the second quarter and other departmental revenues increased $3 million from the second quarter due to funds received from the Buffalo Sewer Authority for services rendered by the city in connection with the Ferry Street Lift Bridge. City resources have also increased $2.5 million from the second quarter due primarily to the appropriation of the 1994-95 unreserved, undesignated fund balance. On the expense side, a number of personal service accounts increased due to contract settlements, particularly the police arbitration award. However, despite the increased cost associated with these contract settlements, salaries regular show savings due the hiring freeze that was instituted at the second quarter. I hope this document will help inform the Common Council on the City's 1995-96 fiscal condition. I and my staff are available to meet with your honorable body to discuss this document in greater detail. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER. No. 57 No. Bflo Comm Ctr--No. Bflo Ice Rink Item No. 93, C.C.P. 5/28/96 I am aware and pleased that the North Buffalo Ice Rink has ended its fiscal year with a positive fund balance of $51,651.76. 1 am comfortable delaying the transfer of these funds to the City general fund until September 1996, as I believe the only other alternative for the Rink managers would be to borrow the funds needed for cash flow this summer; this would have the effect of increasing interest expenses and thus reducing the potential for a positive fund balance at the close of their next fiscal year (5/31/97). I trust this answers your question. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMPTROLLER No. 58 Residency - M. Smith - Treasurer Please be advised that, effective August 1995, I have re-established city residency at 715 Delaware Avenue, Buffalo, New York 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CIVIL SERVICE COMMISSION. FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION No. 59 Result of Bids Injection of City owned Elm Trees Elm Leaf Beetle Control Program The Department of Human Services, Parks and Recreation prepared plans and specifications and advertised for sealed proposals for the injection of city owned Elm trees with Inject-a-cide B for the Buffalo Elm Leaf Beetle Control Program. Bids were opened and publicly read at 11 AM on 6/4/96 and were as follows: 292 Elms - Tree Injection Funk Tree & Shrub $10,704 - Low Bid 330 Fillmore Avenue Tonawanda, NY 14150 Wright-Frontier Tree Care Inc. $18,100 1014 Rein Road Cheektowaga, NY 14225 Haskell Tree Service No Bid William Snyder No Bid Tree Doctor $16,660 Greenskeeper No Bid I hereby certify that Funk Tree and Shrub, 330 Fillmore Avenue, Tonawanda, NY 14150, is the lowest responsible bidder and it is my recommendation that the bid submitted be accepted and the project be charged to Account # 100-501-012-00-583. Mrs. LoTempio moved: That the communication from the Department of Human Services, Parks & Recreation, dated May 30, 1996, be received and filed; and That the Commissioner of Human Services, Parks & Recreation be, and he hereby is, authorized to award a contract for Elm Leaf Beetle Control Program to May's Tree Service, the lowest responsible bidder in the amount of $9,310.00. Funds for this project are available in Account #100-501-012-00-583. PASSED. AYES - 13 NOES - 0 No. 60 Result of Bids Elm Leaf Beetle Control Program The Department of Human Services, Parks and Recreation prepared plans and specifications and advertised for sealed proposals for the Elm Leaf Beetle Control Program - Tanglefoot, pest barrier. Bids were opened and publicly read at 11:00 AM on May 24, 1996, and were as follows: Wright Frontier No Bid May's Tree Service $9,310.00 - Low-Bid 555 Erie Street Lancaster, NY 14086 Davey Tree Expert Co. $12,434.00 1200 Commercial Parkway Lancaster, NY 14086 I hereby certify that May's Tree Service, 555 Erie Street, Lancaster, NY 14086, is the lowest responsible bidder and it is my recommendation that the bid submitted be accepted and the project be charged to Account #100-501-012-00-583. Mrs. LoTempio moved: That the communication from the Department of Human Services, Parks & Recreation, dated June 6, 1996, he received and filed; and That the Commissioner of Human Services, Parks & Recreation be, and he hereby is, authorized to award a contract for Injection of City owned Elm Leaf Beetle Control Program to Funk Tree and Shrub, the lowest responsible bidder in the amount of $10,704.00. Funds for this project are available in Account #100-501-012-00-583. PASSED. AYES - 13 NOES - 0 No. 61 Certificate of Appointment Appointment Effective: May 30, 1996 in the Department of Human Services, Parks and Recreation - Division of Substance Abuse Services, Edna Gracie, 135 Gelston St., Buffalo 14213 to the Position of Stenographer, Permanent, at the Maximum Starting Salary of $22,951. REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 62 Certificate of Appointment Appointment Effective May 28, 1996 in the Department of Human Services, Parks & Recreation - Division of Youth, Kelly Buczkowski, 108 Downing Street, Buffalo, 14220 to the Position of Assistant Coordinator of LSHP, Permanent, at the Maximum Starting Salary of $25,794. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BUFFALO SEWER AUTHORITY No. 63 Sale of Ferry Street Bridge Item #188 CCP 5/14/96 The City of Buffalo negotiated the proposal for the Ferry Street Bridge Agreement. This Agreement was developed by the City of Buffalo and the Buffalo Sewer Authority as a one-time payment to leave the Bridge in tact and continuation of the operations and maintenance. The value was determined by Eva Hassett, Commissioner of Administration & Finance, Joseph Giambra, Commissioner of Public Works, Richard Dobkins, Bond Counsel, Ed Peace, City of Buffalo Corporation Counsel and myself. The appraisal was done through the Commissioner of Public Works. In addition, the Buffalo Sewer Authority has a written proposal prepared by Abate Engineering Associates (copy attached). The revenue will be booked for fiscal 1995-96. The targeted use for the revenue is closing the city deficit. There will be no impact on the Buffalo Sewer Authority rates for the 1996-97 budget. RECEIVED AND FILED FROM THE CITY CLERK No. 64 Award of Arbitration - City & PBA Attached please find an arbitration award between the City and the Police Benevolent Association which is submitted for filing at this Common Council Meeting. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 65 Mayor Reported Out of State I transmit herewith a communication received by me from the Mayor, reporting his absence from the state from Saturday, June 8, 1996 from 7:00 a.m. until Monday, June 10, 1996 at 7:20 p.m. RECEIVED AND FILED. No. 66 Item Returned Without Mayor's Signature Commit Extra Funds to Bd. of Ed. (Item No. 4, C.C.P., May 22, 1996) The above item was returned to the City Clerk's Office without Approval or Disapproval by the Mayor. Said item was presented to the Mayor for his signature on Tuesday, May 22, 1995 and, therefore, is effective June 3, 1996. RECEIVED AND FILED. No. 67 Disposition of City Records The following departments have requested to dispose of City Records as indicated on the attached forms. Based on the information provided I have authorized the disposition of these records in my capacity as City Records Management Officer Public Works-Div. of Water RECEIVED AND FILED. No. 68 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 25 Letchworth Regan's Backstreet Marie S. Metcalf Bar RECEIVED AND FILED. No. 69 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: Mayor/Mayor Executive-Stad. & Aud. - Timothy Higgins Neighborhoods, Housing and Inspections - Carolyn Peters RECEIVED AND FILED. No. 70 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Stadium and Auditorium Buffalo Sewer Authority RECEIVED AND FILED. No. 71 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 29 1996 in the Department of Common Council to the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00 per hr., Colleen Kifner 149 Peter St., Buffalo, NY 14207. Appointment Effective June 3 1996 in the Department of Common Council, to the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00 per hr., Kenneth Gibson, 108 Greenfield St., Buffalo, 14214. Appointment Effective June 4, 1996 in the Department of Common Council to the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00 per hr., Sara Pauly, 152 Como Ave., Buffalo 14220. Appointment Effective June 6 1996 in the Department of Common Council, to the Position of Intern III at the Flat Starting Salary of $5.00 per hr., Michael Borzillieri, 18 Bloomfield, Buffalo, 14220. No. 72 Appointments - Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Appointment Effective June 3, 1996 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Programs, to the Position of Intern III, Temporary, at the Starting Salary of $5.00. Christine Baudo, One Avery St., Buffalo NY 14216 Franklin Carter, 25 Shirley Ave., Buffalo NY 14215 Antonette Owens, 445 Northampton, Buffalo NY 14208 Jaclynn M. Pajak, 79 Frank Ave., Buffalo NY 14210 Antwan White, 92 Eggert Road., Buffalo NY 14215 Donald White, 92 Eggert Road, Buffalo NY 14215 Mary Zebracki, 1092 Abbott Road, Buffalo NY 14220 Appointment Effective May 24, 1996 in the Department of Mayor's Office, Division of Youth Opportunity and Internship Programs, to the Position of Intern V, Temporary, at the Flat Starting Salary of $8.00. Lonnice Jones, 408 Lincoln Parkway , Buffalo NY, 14216. Appointment Effective June 5, 1996 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Programs to the Position of Intern III, temporary, at the Flat Starting Salary of $5.00. John Benitez, 47 West Cleveland Dr., Buffalo NY 14215 Sharmae Curry, 388 Swan Street, Buffalo NY 14204 No. 73 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF STADIUM & AUDITORIUM Appointment Effective May 29, 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. Kevin Glover, 217 Phyllis Street, Buffalo, 14215 DEPARTMENT OF PUBLIC WORKS Appointment Effective May 29, 1996, in the Department of Public Works, Division of Engineering, to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22/hr. Francis J. McGrath, 161 Marine Drive, Buffalo, NY 14202 Appointment Effective: June 3, 1996 in the Department of Public Works, Division of Water to the Position of Water Service Worker, Seasonal, at the Flat Starting Salary of $6.26/hr. James Vazques, 55 Shoshone, Buffalo 14214 DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION Appointment Effective May 30 , 1996 in the Department of Human Services , Parks & Recreation, Division of Youth, to the Position of Community Field Worker (Youth Court), Temporary, at the Flat Starting Salary of $6.55/hr. Shirley Montgomery, 347 Northumberland Ave., Buffalo, 14215 Appointment Effective May 31, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth, to the Position of Community Field Worker (Youth Court), Temporary, at the Flat Starting Salary of $6.55 hr. Sharon Price, 2565 Main Street, Buffalo, 14214 Appointment Effective June 3, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth, to the Position of Attendant, Temporary, at the Flat Starting Salary of $4.42/hr. Eboni Hayes, 11 Winslow, Buffalo 14208 Sheila Johnson, 499 East Amherst, Buffalo 14215 Freddie Mills, 229 Landon, Buffalo 14208 Lauren O'Neil, 520 Glenwood, Buffalo 14208 No. 74 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. POLICE DEPARTMENT Appointment Effective May 22, 1996 in the Department of Police to the Position of Report Technician, Provisional, at the Minimum Starting Salary of $ 21,126. Stacy Lewis, 718 Eggert Road, Buffalo, New York 14215 Appointment Effective May 22, 1996 in the Department of Police to the Position of Report Technician, Provisional, at the Minimum Starting Salary of $ 21,126 Louis S. Fasolino, 208 Lexington Avenue, Buffalo, New York 14222 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 75 ADVANCED RECYCLING TECHNOLOGY INC. Alternative to City Funds for Certain Trash Removal I was advised by Mr. Joel Giambra to write to you regarding the alternative to City funds for certain trash removal. The conversations between Mr. Giambra and myself were sparked by articles printed in Waste News, as well as the ones printed locally on the subject. The following information has the potential for impact both on the environment and the City's budget. Advanced Recycling Technology (ART) is a used oil filter recycling firm located in Depew, NY. ART collects filters in 55 gallon drums and dismantles them with each of the component parts separated and sent to various purveyors for recycling. After ART has processed the filters, there is nothing left which could end up in a landfill. Generators of used filters are protected from liability with a comprehensive and well documented paper trail. ART is listed with the NYS DEC, as well as The Filter Manufacturers Council. Recently, Business First did an article on ART, a copy of which is enclosed. ART provides service to a large variety of generators all over New York State, as well as Ohio and Pennsylvania. Locally, some of the clients we serve include: The City of Buffalo Streets Department; The City of Buffalo Fire Department; The NFTA; The Buffalo News; The US Postal Service and many town and village Highway and School Bus departments in Erie County. ART collects drained filters in 55 gallon containers. Each container holds approximately 200 filters and weighs an average of 200 pounds. In the dismantling process, ART reclaims in the vicinity of 10 gallons of used motor oil per container. Many generators do not drain according to regulations. The City is paying to have this reusable material hauled off to landfills. Considering the weight of the filters and the fact that the City pays by the ton for trash removal, this poses an opportunity for increased savings on the City's bottom line. By advising the generators of this recyclable waste that it is no longer acceptable in traditional waste streams and that there is a reasonably priced alternative method, the tonnage the City is charged for is greatly reduced. Generators of these should in turn pass the cost on to the ultimate generator. This should be done without any hardship or undue costs on the businesses affected and should also be done within NYS DMV Guidelines. The Filter Manufacturers Council states that recycling one ton of used oil filters saves about ten cubic yards of landfill space. According to The American Yellow Pages, the following are Buffalo's potential generators from these headings: Auto Dealers - 19 Auto Repair - 304 Truck Dealers - 7 Truck Repair - 37 Trucking - 63 Taxi - 13 Fast Lubes - 5 Beverage Distr. - 5 While having this potentially damaging waste no longer being paid for by city funds is far from a .cure all" for the City's financial concerns, every little bit helps. The benefits are quite clear both economically and environmentally: Reduction of city funds expended for what is a recyclable waste; and thousands of pounds of re usable materials not leaking oil and taking up space in our landfills. There is also the elimination of potential liability exposure to the city, via haulers present disposition methods. If you have any questions or would like to discuss creative billing possibilities, please contact me at 681-7938. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF STREETS. No. 76 P. BANDRIWSKY Parking - Corner Niagara & Jersey I need your help. On May 16, I wrote to Councilmember Quintana regarding my property located at 588 - 594 Niagara St. Yesterday I was contacted by his office and notified that this property is located in the Ellicott District. Evidently the district line is next door. I own the building at the north-west corner of Niagara and Jersey. My tenant, Buffalo Asia Market, has a lot of customers who drive to the store. During the winter, the parking across the street (on the east side of Niagara St.) was changed to a no parking area during the hours of 7 am to 4 pm on school days. Furthermore, when the new sidewalk and light poles were installed in front of her store the light pole was moved closer to the corner and a "no parking" sign was attached to it, thereby eliminating a parking space directly in front of the store. The store operator told me that a number of her customers have gotten ticketed while shopping there and will not be coming back if convenient parking is not available. She also indicated that she is seriously considering moving if the situation is not improved. Furthermore, the storefront next to hers has been vacant for many months in part because of the parking concerns of potential tenants. I am sure that you must know how difficult it is to retain, let alone attract new businesses to the west side, and especially Niagara St. It is imperative that at least one parking spot in front of the store be made available. This can be accomplished by moving the no parking sign approximately 6 feet south. In addition it is necessary to revert the parking situation on the east side of Niagara St. back to the way it was. Parking was allowed from the corner of Jersey St. up to the "load - unload" area in front of the daycare center. This allows plenty of room for the buses to pick up and drop off passengers and accommodates the commercial customers as well. As a practical safety measure it would make more sense for the school bus to load and unload children in its enclosed parking lot on Prospect and Jersey St. Perhaps that suggestion could be made to the daycare center. Your prompt attention and assistance in resolving the parking matter would be greatly appreciated as the situation has gravely impacted business on Niagara St. By way of copies, I would like to enlist the cooperation and support of your fellow councilmembers as well. I can be reached during business hours at 848-7601. Thank you in advance for your cooperation. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS. No. 77 BCAM Proposed Budget FY 96-97 Buffalo Cable Access Media (BCAM) as the current provider of public access television services, is requesting the Common Council grant an extension of our services for the period that will commence on July 1, 1996 through December 31, 1996. The city has made provisions for funding to be disbursed to the organization on a quarterly basis from the Public Access Special Revenue Fund. In following these provisions, BCAM is requesting a payment of $36,750.00 be made available immediately upon the Councils approval for the first quarter FY 96-97 (Jul.-Sept.). A second quarter payment of $36,750.00 would be remaining for FY 96-97 (Oct.-Dec.);for a total of $73,500.00. All requests and allocations are based on a maximum of $147,000.00 provided in the new Cable Franchise Agreement. The organization has been and continues to seek alternative funding and grants, to supplement monies from the city in an effort to up-date equipment and facility services. BCAM will advise the Council on the success of these various endeavors. BCAM is continuing to provide community and public access services, that have been rapidly increasing. We will also continue to move fourth with our new Community Outreach Initiative plans previously submitted to the Council FY (April 96)- REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS. No. 78 BEDC Sale of 372 Genesee Street Neighborhood Commercial Land Bank In October of 1991, the City sold 124 vacant parcels on various commercial arterials to The BEDC for $335,000 as Phase I of the Neighborhood Commercial Land Bank. Pursuant to the Administrative Agreement approved by Your Honorable Body on October 29, 1991, all parcels to be re-sold for commercial development by The BEDC shall be submitted for Council approval with prior consultation with the District Councilmember. Councilmember Miller-Williams was supplied with the attached description of sale on May 22, 1996. The BEDC has received an offer to purchase the vacant lot at 372 Genesee Street from Zion Dominion Church of God in Christ for construction of a new church building and congregation parking. Zion Dominion C.O.G.I.C. owns a large, adjacent parcel at 364 Genesee Street, immediately west of the subject property. The subject property is located on the north side of Genesee Street near Hickory. The proposed sale price approved by The BEDC Board is $1,000 or $.32 per square foot. The proceeds of the proposed sale will be deposited in a trust fund to maintain and market the remaining parcels and to acquire added parcels from the City, as per the Agreement. Attached is a description of the transaction. The BEDC Board of Directors approved the sale at their May 29, 1996 meeting, contingent upon Common Council approval. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 79 BEDC Section 108 Funds Medical Inn of Buffalo Project Permission is requested of your Honorable Body to utilize an $8,500,000.00 Community Development Block Grant Section 108 Guaranteed Loan for the following activity to be undertaken by the Buffalo Enterprise Development Corporation, as program administrator. 1) $8,500,000.00 loan, 20 year term, for the Medical Inn of Buffalo Project "(Inn"). 2) The Project entails the construction of an approximate 65,000 sq. ft., approximate nine story, up to 100 room Medical Inn in the City of Buffalo Enterprise Community Area 2. The Inn will be built on Roswell Park property on High Street, between the "Cell and Virus building" and Science Building", adjacent to Roswell Park Cancer Institute and Buffalo General Hospital on a site called "The Key Hole" parcel. It is proposed to be physically connected through the existing pedestrian network to both hospitals. The Inn will be developed by the C/N Group. It will be operated by the Marriott Corporation which has significant experience in "medically driven lodging facilities. A comprehensive description of the Project is attached herewith as Exhibit A. (letter from Dept. of Community Development to HUD revised 5/6/96). The Project will result in the creation of 100 full time jobs of which approximately 90% will be held by very low to low income persons. It is anticipated that the job opportunities will benefit area residents. Staff training will be linked with area college hotel management programs and restaurant staff will be recruited/trained from the City's vocational high school program. The Project will be required to comply with Davis-Bacon (i.e. prevailing wages) and Section 3 Legislation (e.g. local hiring requirements). 3) The term shall be for a 20 year period, requiring level amortization payments of principal and interest. The interest rate assessed will be at the prevailing Section 108 rate, subject to the following conditions: - Increase in the equity injection requirements from $1 Million to $1.3 Million. Fixed price contract not to exceed $10,800,000.00. - Guarantee by Developer to fund out of equity all cost over-runs. - Signed contract with the Marriott Corporation to operate the facility. - Fully executed land lease between the developer and Roswell Park Cancer Institute and/or the State of New York. - A first mortgage lien on the subject premises for the benefit of BEDC and the City. - A first blanket lien on all other assets now owned or hereafter acquired. - An assignment of Gross Receipts. - The irrevocable and unconditional guarantee by the Developer to complete the Project. - Approval of such loan by the City of Buffalo Urban Renewal Agency. - Approval of such loan by the BEDC Board of Directors. (Contingent Approval 5/29/96) REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 80 ELLICOTT FEDERATION OF BLOCK CLUBS Oppose Fee for Garbage Pick-Up The Ellicott Federation of Block Clubs OPPOSE any raise or Increase for Tax payers and to pay for pick-up of garbage. This would be a disaster to property owners. We as Taxpayers already pay enough taxes, because most taxpayers are on a fixed income and just can not afford a Increase pay in Taxes. The Ellicott Federation Of Block Clubs is asking you to please Oppose any Tax Increase to Property Owners. RECEIVED AND FILED No. 81 R. KERN Neighborhood Housing Crisis Attached is communication regarding neighborhood housing crisis and various other problems and complaints. RECEIVED AND FILED. No. 82 NATIONAL FUEL Placement of Meters In response to your letter of May 7, 1996, National Fuel has relocated meters to the exterior of buildings in Preservation Districts. Our policy remains the same for all areas in the City of Buffalo where pressure upgrades are taking place. One example involves work on Illinois Street near the Marine Midland Arena where our operations personnel were upgrading our facilities to medium pressure. At that time, Joyce Manch contacted National Fuel to express the City's dissatisfaction with meters being placed outside and in front of "historical" buildings. Mike Allexenberg, District Manager, immediately became involved and met Joyce at the site to discuss this issue. He explained that National Fuel is extremely sensitive to the concerns of those involved with the Preservation District. Mike stressed that steps would be taken to ensure that the work done in this area is in accordance with the City of Buffalo's wishes. National Fuel obtained a right of way for a parcel of land behind one of the buildings in order to accommodate all concerned. This was not something we had to do, but something we did because of the sensitivity issue. In addition, an offer to plant bushes in front of the meter sets was made. A copy of a letter that Mike sent to Joyce Manch is attached for your review. As in the past, we will continue to work on these issues with City personnel to the best of our ability. Their concerns are understandable and as projects come up, we will continue to be as proactive and sensitive as possible. Please do not hesitate to call if you have additional questions or concerns. RECEIVED AND FILED No. 83 J. PITTS Audit - Private Industry Council Attached is a copy of the Private Industry Council's single audit. REFERRED TO THE COMMITTEE ON FINANCE. No. 84 ROSWELL PARK Minority Participation-Modernization Program Enclosed please find information regarding minority participation statistics and a current project progress overview. If you have any questions about this report do not hesitate to call our office. Thank you. RECEIVED AND FILED. PETITIONS No. 85 R. Mollot, owner, petition to use 718 Elmwood for an outdoor patio. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 86 Greif Bros. Corp., owner, petition to use 180 Hopkins for compounding of plastic material. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 87 Qual-Econ Leasing Co.,Inc., owner, petition to use 1516 Niagara for a clam bar. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 88 A. Barnes and Others - Concerns regarding construction of Northeast Buffalo Pkwy. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE BFLO. ENTERPRISE DEVELOPMENT CORPORATION. No. 89 P. Beamer and Others - Opp. Soup Kitchen at 167 Englewood Ave. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 90 F. Carter and Others - Concerns regarding proposal of American Axle for new access road. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE BFLO. ENTERPRISE DEVELOPMENT CORPORATION. No. 91 J. Galvin and Others - Prop. Parking Restrictions on Amherst St. - Wegman's Project. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 92 C. Merkling and others - Support funding Pre-K and Kindergarten Classes and Opp. reductions in funding for Early Childhood Centers. REFERRED TO THE COMMITTEE ON EDUCATION. No. 93 J. Mogaverno - Concerns regarding curbs, stop sign and bus route on Herkimer St. REFERRED TO THE COMMITTEE ON LEGISLATION THE COMMISSIONER OF PUBLIC WORKS AND NIAGARA FRONTIER TRANSPORTATION AUTHORITY. REGULAR COMMITTEES CIVIL SERVICE HON DAVID CZAJKA CHAIRMAN No. 94 R. Mikos-Complaint-Civil serv. Status Item # 81, CCP, April 30, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 95 R. Mikos - Complaint - Civil Serv. Status Item # 72, CCP, May 28, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 96 Appointment Data Base Administrator That Communication 20 May 23, 1996 be received and filed and the Permanent appointment of Peter Barone stated above at the Maximum salary $42,396.00 effective on May 20, 1996 is hereby approved. PASSED. AYES- COPPOLA CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI- 12 NOES- BROWN- 1 No. 97 Notices of Appt.-Temp./Prov./Perm./(CClk) That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 98 William Deschenes - Appeal Rejection of Appoint Truck Driver (Sts) (Item No. 41, C.C.P., Feb. 6, 1996) (Item No. 94, C.C.P., Mar. 5, 1996) (Item No. 85, C.C.P., May 28, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Czajka now moved: That the Permanent Promotion of William J. Dreschenes to the position of Truck Driver at the Maximum salary of $24,914 effective on October 2, 1995 be and hereby is approved. PASSED. AYES- COPPOLA CZAJKA, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, ZUCHLEWSKI- 10 NOES- BROWN, FRANCZYK, WILLIAMS - 3 No. 99 New Affirmative Action Plan Item No. 106, CCP, Apr. 30, 1996 Item No. 109, CCP, May 14, 1996 Item No. 110, CCP, May 28, 1996 That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Czajka now moved that the above item be received and filed. ADOPTED. FINANCE HON. DAVID FRANCZYK CHAIRMAN No. 100 Renew Lease - West Side Community Services Item No. 6, C.C.P., Mar. 5, 1996 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. No. 101 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 public payphones at 443 Amherst Street, 1145 Niagara Street, 2406 South Park Avenue, 1100 Kenmore Avenue and 13 84 Main Street within the City right-of-way and all other payphone locations listed on the above communication be denied. PASSED. AYES - 13 NOES - 0 No. 102 Payphone Applications-Digitel Payphone Communications Item No. 60, CCP, Feb. 20, 1996 That pursuant to Chapter 441-4 of the code of the city of Buffalo that all locations listed in the above communication for payphones be and the same are hereby denied. ADOPTED. No. 103 Payphone Applications (11), Western New York Communications Item No. 61, C.C.P., Feb. 20, 1996 That pursuant to Chapter 441-4 of the Code of the City of Buffalo, all of the above-listed locations be and hereby are denied. ADOPTED. No. 104 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 payphones at 537 Fillmore Avenue, 629 Broadway, 1534 Main Street be and the same hereby are approved and all other above listed locations be and hereby are denied. PASSED. AYES - 13 NOES - 0 No. 105 Result of Negotiations - 43 Mulberry Item No. 18, C.C.P., May 14,1996 That the offer of Ms. Naomi McDuffie of 41 Mulberry Street, in the sum of $800.00 (Eight Hundred Dollars) to purchase the property described as 43 Mulberry 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. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. No. 106 Results of Negotiations - 146 & 148 Edna Place Item No. 20, C.C.P., May 14, 1996 That the offer of Mr. & Mrs. Allen Hart of 152 Edna Place, in the sum of $1,500.00 (One Thousand Five Hundred Dollars) to purchase the property described as 146 & 148 Edna Place, 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. 107 Result of Negotiations Portion of 404 & 406 Kenmore Avenue Item No. 18, C.C.P., May 28, 1996 That the offer of Ripen With Us Child Care Center, Inc., in the sum of $20,000.00 (Twenty Thousand Dollars) to purchase the properties described as Portion of 404 Kenmore Avenue, Portion of 406 Kenmore Avenue, 402 Kenmore Avenue and 28 Seattle Street, be and hereby is accepted with the following 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, shall be paid by the purchaser. 3. There will be no payment of commission due to Jill McCarthy, 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 No. 100, C.C.P., 12/12/95. 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. 108 Request Opinion Assessor - Revaluation Item #204, CCP, Feb. 20, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 109 NYPIRG-Sol. of Funds Item # 83, CCP, Apr. 30,1 996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 110 NYPIRG-Sol. of Funds Item # 52, CCP, May. 28,1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 111 Solicitation of Funds - United Childrens' Fund Item No. 51, C.C.P., May 28, 1996 That the Commissioner of Neighborhoods, Housing and Inspections be, and hereby is authorized to grant an exemption to United Children's Fund to solicit funds in the City of Buffalo area from July 15, 1996 to August 15, 1996, pursuant to Chapter 316, Article VI of the Code of the City of Buffalo. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. No. 112 Michigan Ave. Lift Bridge Rehab. Status (PW) Item No. 39, CCP, May 14, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 113 NYSDOT-Ohio St. Bridge Over Conrail Item No. 92, CCP, May 28, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 114 Increased Appropriation HUD Lead Grant and Community Development Block Grant Division of Housing and Inspections Item No. 171, C.C.P., May 14, 1996 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Franczyk now moved: That pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller, the Comptroller be, and he hereby, is authorized and directed to increase the revenue estimate of accounts in the sum of $280,988 to meet the increased appropriation to 100 General Fund - 24 Department of Neighborhoods, Housing and Inspections - I 10 Salaries Regular. PASSED. AYES - 13 NOES - 0 No. 115 Remove Apollo Theater from Auction List Item No. 177, C.C.P., May 14, 1996 That the Common Council requests the Comptroller and the Corporation Counsel to remove the Apollo Theater property from the city auction list in recognition of its importance to the Jefferson Renaissance Project. PASSED. AYES - 13 NOES - 0 No. 116 Percent For Art Projects (Arts Comm.) Item No. 9, CCP, May 28, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 117 Monthly Overtime Usage-April (Compt) Item No. 17, CCP, May 28, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 118 Info-Destro Bros. Concrete-Contracts (PW) Item No. 33, CCP, May 28, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 119 Asbestos - City Bldgs. (PW) Item No. 36, CCP, May 28, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 120 Self Ins - City Vehicles (CC) Item No. 40, CCP, May 28, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 121 Naming Rights Agree. - No. Americare Pk. (CC) Item No. 43, CCP, May 28, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 122 Bond Closeouts (A&F) Item No. 65, CCP, May 28, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 123 Season Golf Pass-Raincheck (HSPR) Item, No. 68, CCP, May 28, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 124 W. Duell - Complaint Cond. Dela. Pk. Golf Course Item No. 86, CCP, May 28, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 125 Opening of the Kensington-Grider Swimming Pool Item No. 175, C. C. P., May 14, 1996 That the 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 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. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 126 430 Niagara Street Assoc. - Petition to use 430 Niagara Street - Health Center Item No. 97, C.C.P., May 14, 1996 That after a public hearing before the Committee on Legislation on June 4, 1996, the petition of 430 Niagara Street Assoc., owner, for permission to use 430 Niagara Street for a Health Care Center be, and hereby is approved upon the conditions as determined by the Department of Public Works. PASSED. AYES - 13 NOES - 0 No. 127 Robert B. Sweeney Petition to use 752 Elmwood Avenue - Sidewalk Cafe Item No. 99, C.C.P., May 14, 1996 That after a public hearing before the Committee on Legislation on June 4, 1996, the petition of Robert B. Sweeney, owner, for permission to use 752 Elmwood Avenue for a sidewalk cafe be, and hereby is approved upon the conditions as determined by the Department of Public Works. PASSED. AYES - 13 NOES - 0 No. 128 Pep Boys Petition to use 1996 Elmwood Avenue - Ground Sign Item No. 99, C.C.P., May 14, 1996 That after a public hearing before the Committee on Legislation on June 4, 1996, the petition of Pep Boys, for permission to use 1996 Elmwood Avenue for a ground sign be, and hereby is approved upon the conditions that landscaping continue around the base of sign and that the cement base is one foot, ten inches. PASSED. AYES - 13 NOES - 0 No. 129 Use 115 Glenwood (CP BD) Item No. 7, CCP, May 28, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 130 Socony Vacuum Oil - Petition to use 1131-1137 Elmwood Avenue - Gas Station/Store Item No. 91, C.C.P., May 14, 1996 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That after a public hearing before the Committee on Legislation on June 4, 1996, the petition of Socony Vacuum Oil, owner, for permission to use 1131-1137 Elmwood Avenue for a gas station/store be, and hereby is approved with the following conditions as recommended by the City Planning Board: 1. The northern and eastern property lines are screened and landscaped with appropriate vegative 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. PASSED. AYES - 13 NOES - 0 No. 131 Socony Vacuum Oil Petition to use 1131-1137 Elmwood Avenue Gas Station/Store Item No. 8, C.C.P., May 28, 1996) That the above item be, and the same hereby is, returned to the Common Council without recommendation, Mr. Coppola moved: That the above item be and the same hereby is, received and filed. ADOPTED. No. 132 Heidi Paulsen (Java Temple) Petition to use 494 Franklin - Outdoor Cafe Item No. 93, C. C. P., May 14, 1996 That after a public hearing before the Committee on Legislation on June 4, 1996, the petition of Heidi Paulsen (Java Temple), for permission to use 494 Franklin for an outdoor cafe be, and hereby is approved. PASSED. AYES - 13 NOES - 0 No. 133 Info-Police Policy - Use Sprays Item No. 198, CCP, Feb. 6, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 134 Sale Of Pagers/Beepers to Minors Item No. 44, CCP, Apr.30, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 135 Sale Of Pagers/Beepers to Minors (NHI) Item No. 59, CCP, May 28, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 136 Co. Assn. Highwy Superv-Mutual Aid Agreement Item No. 78, CCP, Apr. 30, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 137 Install Outside Gas Meters (PW) Item No. 38, CCP, Apr. 30, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 138 Install Outside Gas Meters (NHI) Item No. 59, CCP, Apr. 30, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 139 Ord. Amend. Ch. 216-Garbage, etc Item # 180, CCP, Apr. 16, 1996 That the above mentioned item be and the same is hereby referred to the committee on Finance. ADOPTED. No. 140 Ord. Amend. Ch. 175 (Ch 216)-Fees Item # 181, CCP, Apr. 16, 1996 That the above mentioned item be and the same is hereby referred to the committee on Finance. ADOPTED. No. 141 Appointment of Member to the Buffalo Board of Parking Item No. 2, C.C.P., May 14, 1996 That the appointment to the Buffalo Board of Parking of David Patrick Doran, residing at 1471 Amherst Street, for a term to commence immediately and expiring March 31, 2001, be and hereby is confirmed. ADOPTED. No. 142 Reappt. Mbr. Zoning Bd. Appeals (Mayor) Item # 3, CCP, May 14, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 143 Notification Serials #8662-8667 Prohibited Portion of Highway - E. Delavan Avenue, etc. Item No. 24, C.C.P., Apr. 30, 1996 Pursuant to Subdivision 3 of Section 33 of Chapter 479 of the Code of the City of Buffalo, the changes to the traffic ordinances (Chapter 479 of City Code) are hereby denied and disapproved for Notification Serial Nos. 8662-8667. ADOPTED. No. 144 Encroach - 929 Elmwood Avenue - Light Standard Item No. 37, C.C.P., May 14, 1996 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. No. 145 Appt. Mbr. Broadway Market (Mayor) Item # 1, CCP, May 28, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 146 Appt. Mbr. Emergency Medical Bd. (Mayor) Item # 2, CCP, May 28, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 147 Appt. Mbr. Home Imp. Advisory Bd. (Mayor) Item # 3, CCP, May 28, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 148 Notif. Serial #8676-78 (PW) Item # 21, CCP, May 28, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 149 Encroach - 307-311 Bryant Street - Handicapped Ramp Item No. 35, C.C.P., May 28, 1996 That the Commissioner of Public Works be and he hereby is, authorized to issue a It mere license" to Mr. Ronald Morga, owner of Just Pasta Restaurant, located at 307-311 Bryant Street, to install a handicap ramp, 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 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 City of Buffalo, Department of Public Works 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 ramp. PASSED. AYES - 13 Noes- 0 No. 150 Request Permit - Collect Garbage Item No. 49, C.C.P., May 28, 1996 That the Commissioner of Street Sanitation be, and hereby is authorized to grant a permit to collect and haul refuse and garbage to Natural Environmental, Inc. in the City of Buffalo, pursuant to Chapter 216-3, of the Code of the City of Buffalo. PASSED. AYES - 13 NOES - 0 No. 151 Review Taxi/Livery Ord. (NHI) Item # 61, CCP, May 28, 1996 That the above mentioned be and the same is hereby referred to the committee on Finance. ADOPTED. No. 152 Review Taxi/Livery Ord. (A&F) Item # 64 CCP May 28, 1996 That the above mentioned Item be and the same is hereby referred to the Committee on Finance. ADOPTED. No. 153 Friendship Festival-Use Front Pkg.-July 4th Item # 87, CCP, May 28, 1996 That the above mentioned Item be and the same is hereby referred to the Committee on Finance. ADOPTED. COMMUNITY DEVELOPMENT HON. DALE ZUCHLEWSKI CHAIRMAN No. 154 South Ellicott Urban Renewal Plan Phase 2 - Plan Amendment Item No. 52, C.C.P. 4/30/96 That the above item be and the same is returned to the Common Council without recommendation. A Public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Helfer, the item is properly before the Common Council, and the hearing be opened. CARRIED. Appearances- Louis Malucci - Dept. of Comm. Development Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Helfer. CARRIED. Mrs. Williams moved: That pursuant to a public hearing, the Common Council does hereby approve the South Ellicott Urban Renewal Plan Phase 2 - Plan Amendment. Seconded by Mr. Czajka. PASSED AYES- 13 NOES - 0 No. 155 LDA - Eagle Group Item No. 48, C.C.P. 5/28/96 That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Czajka, the item is properly before the Common Council, and the hearing be opened. CARRIED. Appearances- Maria Scinta, BURA Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Czajka. CARRIED. Mrs. LoTempio moved: Whereas, the Buffalo Urban Renewal Agency has duly designated Eagle Group, LLC and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law"; and Whereas, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and Now, Therefore, Be It Resolved: 1. Eagle Group, LLC and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for a portion of Downtown Renewal Phase II 2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to Eagle Group, LLC and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES- BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, QUINTANA, WILLIAMS, ZUCHLEWSKI- 12 NOES- PITTS- 1 No. 156 BNRC Budget 95-96 (NHI) Item # 62, CCP, Mar. 5, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 157 BEDC Audit Item # 193, CCP, Feb. 6, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 158 Nat. Guard-Asst. For City (#169, 1/23) Item # 197, CCP, Mar. 5, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 159 Invite Revisions To Tree Ord. (CD) Item #52, CCP, Apr. 16, 1996 That the above mentioned item be and the same is hereby received and filed. ADOPTED. No. 160 Draft Consolidated Plan Item No. 54, C.C.P., Apr. 16, 1996 That the Common Council approve the draft plan, as contained in the above mentioned item, to form the basis of the comprehensive master plan for the City of Buffalo. Mr. Zuchlewski moved to amend the item as contained in the North District Consolidated Plan. Seconded by Mrs. LoTempio. CARRIED. AYES- COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI- 12 NOES- BROWN - 1 Mr. Zuchlewski moved to further amend the attached Block Grant Entitlements; seconded by Mrs. LoTempio. CARRIED. Mr. Quintana moved to further amend the Block Grant Entitlements as follows: That the $15,000 for CDBG Funds listed for Allentown Association and $5,000 in CDBG Funds listed for El Museo under heading 8 Public Facilities and Improvements, be deducted from those agencies and re-allocated to the Allendale Restoration (TOY) in the total amount of $20,000. Seconded by Ms. Williams. CARRIED. Mr. Franczyk now moved to further amend the Block Grant Entitlements as follows: That the $40,000 in CDBG funds listed for Neighborhood Information Center (N.I.C.), under the heading-Public Facilities and Improvements, be put into N.I.C. line under the heading "C", Department of Human Services, for a total of $93,751. Seconded by Mr. Czajka. CARRIED. Mr. Zuchlewski now moved approval of the amendments. Seconded by Mr. Coppola. PASSED. AYES- COPPOLA, CZAJKA, FRANCZYK, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, ZUCHLEWSKI- 10 NOES- BROWN, GRAY, WILLIAMS - 3 Mr. Zuchlewski now moved approval of the entire Consolidated Master Plan and Block Grant Entitlements as amended. Seconded by Mrs. LoTempio. PASSED. AYES- COPPOLA, CZAJKA, FRANCZYK, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, ZUCHLEWSKI- 10 NOES- BROWN, GRAY, WILLIAMS - 3 No. 161 Mr. Quintana was excused from further attendance of the meeting. ADOPTED. RESOLUTIONS No. 162 By: Mr. Brown Minority & Women Participation In Northeast Buffalo Parkway Project Whereas: In the 1996-97 City of Buffalo Capital Improvements Budget, the Mayor recommended and the Common Council approved $1 million for Phase 11 of the Northeast Buffalo Parkway Reconstruction Project; and Whereas: This project is part of an effort to enhance the industrial development of the area using abandoned or under-utilized railroad rights-of-way for truck traffic; and Whereas: Combined with state and federal funds, this allocation is expected to complete the construction of a new industrial access road in the existing Conrail Corridor, providing the American Axle plant on East Delavan Avenue and other business in that area with improved and direct access to the Kensington Expressway for its trucks and other vehicles; and Whereas: This major project is taking place in a mostly minority community which will undergo significant disruption as a result of this development; and Whereas: It is especially important, therefore, that every effort be made to ensure that the community in which this project in taking place will receive some of the economic benefits that will be created; and Whereas: It is therefore appropriate that the City make provisions to ensure that minority businesses and minority workers are adequately represented in this project; Now, Therefore Be It Resolved: That as part of the selection process for an engineering firm for Phase 11 of the Northeast Buffalo Parkway Project, all respondents be required to submit a plan for ensuring that the participation of minority and female subcontractors reflecting the diversity of the City of Buffalo; and Be It Further Resolved: That all finalists for the engineering contract be required to include such a plan for minority and female participation in order for their bids to be considered responsible respondents. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE BUFFALO ENTERPRISE DEVELOPMENT CORPORATION. No. 163 By: Mr. Brown Improved Street Number Identification Whereas: Many homes, businesses, and Civic Organizations throughout the city lack proper property address identification or do not have house numbers visible from the street; and Whereas: Every house, business, and Civic Organization should have a street number with large numerals to quickly and promptly locate a property in the event of a emergency; and Whereas: This would help reduce response time in many emergency situations, particularly Police and Medical Emergency Units, when even seconds can mean the difference between life and death; Now, Therefore, Be It Resolved That: This Common Council request the Corporation Counsel to draft an ordinance requiring that all homes, businesses, and Civic Organizations located in the City of Buffalo have at least 4 inch numerals identifying the proper location on a City street. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, ADMINISTRATION ADJUDICATION, THE U.S. POSTAL SERVICE AND THE CORPORATION COUNSEL. No. 164 By: Mr. Brown Business Closing Notification Whereas: Businesses are a vital part of the Buffalo community because they provide goods and services as well as employment for citizens of the City of Buffalo and the Western New York Community; and Whereas: When a business leaves the City of Buffalo, the entire community experiences a tremendous loss; and Whereas: Unemployment is one of the greatest and most devastating results of a business' decision to leave the City of Buffalo; and Whereas: The City has lost several businesses recently and the properties have become sites of dumping and other illicit activities; and Whereas: Requiring businesses to notify the appropriate City departments at least thirty days prior to leaving would enable the City to negotiate with the businesses and assist them in identifying an alternative to leaving the City; and Whereas: The City has a vested interest in ensuring that, when a business ceases to operate in the City of Buffalo, the property does not become a blighted eyesore used for dumping or other criminal activities; and Now, Therefore, Be It Resolved: That the Corporation Counsel draft an ordinance requiring that businesses preparing to leave the City of Buffalo notify the City Commerce Office and the Councilmember representing the district in which they are located a minimum of thirty days prior to their departure or move; and Be it Further Resolved: That the businesses notify the City of the provisions they will make to secure the property and submit to an inspection so City officials can verify that there are no violations and/or environmental hazards on the property. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 165 By: Mr. Brown Pursue Additional Ambulance Service for the City of Buffalo Whereas: Twin City Ambulance Service has expressed an interest in providing ambulance and paramedic service in the city of Buffalo; and Whereas: At present, the city is serviced by a single Advanced Life Support provider; and Whereas: The single provider aspect raises several concerns, with response time primary among them. The one ambulance company serving Buffalo also serves other localities outside the City. Having another ambulance service in Buffalo could speed up service and mean the difference between life and death for someone in need; and Whereas: Additionally, the competition resulting from multiple service providers could result in lowered costs, more choices, improved service, and additional employment opportunities for city residents; and Whereas: At various times in recent years, there have been suggestions that the City's Fire Department enter into a revenue producing Emergency Medical/Response service; and Whereas: Presently, New York State Regional Councils restrict the territory in which an ambulance service may operate; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo declares its support to open the city to competition for ambulance service provision, and requests that the Masiello Administration join this Body in advancing the proposal for competition-, and Be It Further Resolved: That this Council request that the Wyoming - Erie Regional EMS Council and the New York State Emergency Medical Services Department be notified of the desire for preparation for a certificate of need for Twin City Ambulance Service to be able to operate in the City of Buffalo; and Be It Finally Resolved: That the City Clerk certify passage of this resolution and forward copies thereof to Wyoming - Erie Regional EMS Council and the NYS Emergency Medical Services Department. ADOPTED. No. 166 By: Mr. Brown Ordinance Amendment Chapter 511 - Zoning The Common Council of the City of Buffalo does hereby ordain as follows: That Section 511-68. 1 of Chapter 511 of the Code of the City of Buffalo be amended to read as follows: D. Restricted uses. (1) Any of the uses which presently are permitted under the zoning district regulations of this chapter of the Code of the City of Buffalo or which may be established or extended pursuant to said chapter shall be permitted uses in the Hamlin Park Overlay Review District, but only upon the issuance of a restricted use permit as permitted in Subsection E of this section. The issuance of a permit for improvements, maintenance and repairs in the amount of [five] ten thousand dollars [($5,000.)] ($10,000) or less for properties outside the boundaries of the Canisius College campus proper in conformance with the regulations of the zoning district in which they are located shall be exempt from review. The issuance of a permit for improvements, maintenance and repairs in the amount of ten thousand dollars ($10,000.) or less for buildings and/or structures within the boundaries of the Canisius College campus proper and the Main Humboldt Townhouses in conformance with the regulations of the zoning district in which they are located shall be exempt from review. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets [] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION No. 167 By: Mr. Coppola Ordinance Amendment Chapter 511 - Zoning The Common Council of the City of Buffalo does hereby ordain as follows: That Section 511-88 of Chapter 511 of the Code of the City of Buffalo be amended to read as follows: 511-88. Temporary dwellings. A. Prohibition. Tents, trailers, trailer homes, campers and other similar vehicles and structures customarily used for temporary dwelling purposes shall not be permitted, occupied or used in any district. B. Prefabricated dwelling units. A prefabricated dwelling unit constructed and certified to meet or exceed the New York State Uniform Fire Prevention and Building Code regulations and the Buffalo Building Code regulations and permanently affixed to a foundation with permanent utility connections in accord with the aforementioned codes shall not be considered a temporary dwelling unit. C. Exceptions. Trailers, campers, recreational vehicles and other similar vehicles and structures may be stored upon the owners premises unoccupied upon the following conditions: (1) Vehicles which are subject to registration by the New York State Department of Motor Vehicles shall be properly registered. (2) No such vehicles or structures shall be stored upon the owners premises for more than [six (6) months] ten (10) days continually, unless contained within a garage or accessory building. (3) No more than one (1) such vehicle or structure shall be permitted upon any one (1) parcel within any residentially zoned district, designated herein. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets[] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 168 By: Mr. Coppola Closed Circuit TV Arraignments & Booking & Electronic Fingerprinting Whereas: Recent discussions on the new courthouse proposed for downtown Buffalo revealed the concern for transporting prisoners to the new facility because of the risk factor involved; and Whereas: Other areas in the country utilize modern technology by using close circuit television for arraigning and booking prisoners, and electronic fingerprinting; and Whereas: This method that should be explored to improve the processing of prisoners. Now therefore be it resolved that This Common Council is aware of the risk factor involved in the present system used for transporting prisoners and encourages the exploration of closed circuit television arraignment and booking, and electronic fingerprinting, and requests comments from the Commissioner of Police and Corporation Counsel; and Be it further resolved that The City Clerk send a certified copy of this resolution to Erie County District Attorney Kevin Dillon and Chief Administrative Judge Vincent Doyle, 8th Judicial District for their comments. ADOPTED No. 169 By: Mr. Coppola Pastors for Peace and Cuba Whereas: The United States has enforced an economic blockade of Cuba for thirty-five years; and Whereas: These sanctions have caused severe economic and social hardship to the people of Cuba by using hunger and disease as a political weapon; and Whereas: In November, 1994, and June, 1995, Pastors for Peace Friendshipments gathered from throughout the United States in Buffalo and successfully transported humanitarian supplies into Canada destined for Cuba; and Whereas: On January 31, 1996, Pastors for Peace attempted to transport humanitarian aid at the San Diego border crossing, but were stopped by U.S. Customs officials who confiscated 374 used, donated computers. An ecumenical group of Cuban churches were waiting to receive the computers, and were to supervise the distribution and installation of these computers, which would have completed an on-line medical system connecting every hospital and clinic on the island. The United Nations and the Pan-American Health Organization provided the thirteen server computers that form the backbone of the life saving system; and Whereas: New York State Congressional member Charles Rangle negotiated with the Treasury Department for the release of the aid to the United Methodist Church with the support of six mainline denominations and the National Council of Churches for delivery to Cuban medical facilities; and Whereas: The United States government has spent over one million in tax dollars in an attempt to stop this donated aid. Now therefore be it resolved that This Common Council supports unhindered passage of humanitarian aid by Pastors for Peace to Cuba and encourages diplomatic talks with the government of Cuba to reach a favorable settlement in ending the embargo against Cuba; and Be it further resolved that The City Clerk send certified copies of this resolution to the President of the United States and Western New York's Congressional Representatives. ADOPTED No. 170 By: Messrs. Coppola and Franczyk Proposed Recycling Promotion Program - "$2 a Ton to Education" Whereas: Our city has severe financial problems as shown by the numerous difficult choices this Common Council had to make in adopting the 1996-97 budget; and Whereas: Currently the difference to the city between recycling and landfilling a ton of material includes - $27/ton for landfilling, $14.79/ton for transporting to the landfill and $10/ton in revenue for recycled goods - for a total of $51.79/ton; and Whereas: Every time recyclables are thrown out as city garbage, it is a terrible waste of money for the taxpayers and soon to be fee payers of Buffalo; and Whereas: Increasing recycling benefits the environment, the taxpayers/fee payers, the city and the recycling industry; and Whereas: School children are key to improving Buffalo's recycling performance because young minds are open to education and motivation, and once motivated to recycle, children can influence their family to recycle better; and Whereas: The health of Buffalo's public schools is the linchpin of our city's future and programs in the schools need to be adequately funded; and Whereas: A program that ties increases in recycling to more funding for education could accomplish several aims including educating students about the environment, saving money for taxpayers, increasing funding for education and boosting Buffalo's recycling program; Now, Therefore, Be It Resolved That: This Council requests the Street Sanitation Department to work with the Board of Education to develop a program under which the schools will receive a set amount, suggested here at $2 per ton, from the $ 10 per ton the city receives under its current contract with CID for recycling more than the 9,900 tons recycled in 1995; and Be It Further Resolved That: This Council requests the Commissioner of Streets to file a report on this program by Wednesday, July 3 at 2:00 PM in order that it can be adequately reviewed by the Council before the summer recess and instituted in the schools next Fall. ADOPTED No. 171 By: Mr. Czajka Salary Ordinance Amendment 20 - Department of Police 1995-1996 The Common Council of the City of Buffalo does ordain as follows: That Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 20-1 Department of Police, under the various subheadings relating to positions listed below is hereby amended as follows: (NOTE: Old salaries are in brackets) 20 - DEPARTMENT OF POLICE 1 - POLICE ADMINISTRATION 001 - OFFICE OF THE POLICE COMMISSIONER 1 COMMISSIONER OF POLICE (83,610) 86,118 3 DEP. COMM. OF POLICE (73,013) 74,473 1 POLICE INSPECTOR (60,906) 62,124 2 POLICE CAPTAIN (55,349) 56,456 4 POLICE LIEUTENANT (48,310) 49,276 10 POLICE OFFICER (30,860- 31,477- 41,723) 42,558 DETAIL OF DETECTIVE. ANY MEMBER OF THE POLICE FORCE WHO IS QUALIFIED BY RANK PURSUANT TO LAW, MAY BE DETAILED BY THE COMMISSIONER OF POLICE AS DETECTIVE AND ANY SUCH DETAIL MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. THE MAXIMUM NUMBER OF SUCH DETAILS HEREIN AUTHORIZED AND THE RATE OF COMPENSATION PAYABLE TO EACH MEMBER OF THE POLICE FORCE WHILE SO DETAILED SHALL BE AS FOLLOWS: 1 DETECTIVE AT THE RATE OF ($43,248) $44,113 PER ANNUM. 011 - DETECTIVE BUREAU 1 POLICE INSPECTOR (60,906) 62,124 DETAIL OF CHIEF OF DETECTIVES. ONE POLICE INSPECTOR MAY BE DETAILED, BY THE COMMISSIONER OF POLICE, AS CHIEF OF DETECTIVES AT THE ANNUAL RATE OF COMPENSATION OF ($60,906) $62,124. SUCH ASSIGNMENT MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. 3 POLICE CAPTAIN (55,349) 56,456 1 POLYGRAPH EXAMINER (48,310) 49,276 15 POLICE LIEUTENANT (48,310) 49,276 3 POLICE PHOTOGRAPHER (44,733) 45,627 88 POLICE OFFICER (30,860- 31,477 41,723) 42,558 DETAIL OF CHIEF OF HOMICIDE, ASSISTANT CHIEF OF DETECTIVES, DETECTIVE SERGEANT AND DETECTIVE. ANY MEMBER OF THE POLICE FORCE, WHO IS QUALIFIED BY RANK PURSUANT TO LAW, MAY BE DETAILED BY THE COMMISSIONER OF POLICE AS CHIEF OF HOMICIDE, ASSISTANT CHIEF OF DETECTIVES, DETECTIVE SERGEANT, OR DETECTIVE, AND ANY SUCH DETAIL MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. THE MAXIMUM NUMBER OF SUCH DETAILS HEREIN AUTHORIZED AND THE RATE OF COMPENSATION PAYABLE TO EACH MEMBER OF THE POLICE FORCE WHILE SO DETAILED SHALL BE RESPECTIVELY AS FOLLOWS: 1 CHIEF OF HOMICIDE AT THE RATE OF ($55,349) $56,456 PER ANNUM. 5 ASSISTANT CHIEFS OF DETECTIVES AT THE RATE OF ($51,719) $52,754 PER ANNUM. 6 DETECTIVE SERGEANTS AT THE RATE OF ($45,234) $46,139 PER ANNUM. 82 DETECTIVES AT THE RATE OF (43,248) $44,113 PER ANNUM. 012 - PATROL SERVICES 5 POLICE INSPECTOR (60,906) 62,124 17 POLICE CAPTAIN (55,349) 56,456 67 POLICE LIEUTENANT (48,310) 49,276 642 POLICE OFFICER (30,860- 31,477- 41,723) 42,558 DETAIL OF DETECTIVE SERGEANT AND DETECTIVE. ANY MEMBER OF THE POLICE FORCE WHO IS QUALIFIED BY RANK PURSUANT TO LAW, MAY BE DETAILED BY THE COMMISSIONER OF POLICE AS DETECTIVE SERGEANT OR DETECTIVE AND ANY SUCH DETAIL MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. THE MAXIMUM NUMBER OF SUCH DETAILS HEREIN AUTHORIZED AND THE RATE OF COMPENSATION PAYABLE TO EACH MEMBER OF THE POLICE FORCE WHILE SO DETAILED SHALL BE RESPECTIVELY AS FOLLOWS: 9 DETECTIVE SERGEANTS AT THE RATE OF ($45,234) $46,139 PER ANNUM. 42 DETECTIVES AT THE RATE OF ($43,248) $44,113 PER ANNUM. 013 - TRAFFIC SERVICES 1 POLICE CAPTAIN (55,349) 56,456 2 POLICE LIEUTENANT (48,310) 49,276 32 POLICE OFFICER (30,860- 31,477- 41,723) 42,558 021 - ADMINISTRATION & COMMUNICATIONS 1 POLICE INSPECTOR (60,906) 62,124 3 POLICE CAPTAIN (55,349) 56,456 1 DIRECTOR OF POLICE TRAINING (51,719) 52,754 7 POLICE LIEUTENANT (48,310) 49,276 32 POLICE OFFICER (30,860- 31,477- 41,723 42,558 DETAIL OF ASSISTANT POLICE DISPATCHER. ANY MEMBER OF THE POLICE FORCE WHO IS QUALIFIED BY RANK PURSUANT TO LAW, MAY BE DETAILED BY THE COMMISSIONER OF POLICE AS ASSISTANT POLICE DISPATCHER AND ANY SUCH DETAIL MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. THE MAXIMUM NUMBER OF SUCH DETAILS HEREIN AUTHORIZED AND THE RATE OF COMPENSATION PAYABLE TO EACH MEMBER OF THE POLICE FORCE WHILE SO DETAILED SHALL BE AS FOLLOWS: 12 ASSISTANT POLICE DISPATCHERS AT THE RATE OF ($44,733) $45,627. This ordinance shall be effective retroactive to July 1, 1995. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, R. Gil Kerlikowske, Commissioner of Police and James B. Milroy, Director of Budget recommend that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing ordinance. We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby certify that considering the determination of the public arbitration panel and contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 172 By: Mr.Czajka Ordinance Amendment Section 35-9 of Chapter 35 Salary and Wage Schedule "C" 1995-1996 The Common Council of the City of Buffalo does ordain as follows: That part of Subdivision (A) of Section 35-9 of Chapter 35 of the Ordinances of the City of Buffalo, relating to Salary and Wage Schedule "C", Local P.B.A., is hereby amended to read as follows: (See attached Schedule "C"); and That this ordinance shall take effect as per the respective dates on the attached schedule. APPROVED AS TO FORM Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE SALARY AND WAGE SCHEDULE "C" EFFECTIVE JULY 1, 1995 GRADE STEP 1 STEP 2 STEP 3 STEP4 STEP 5 1 31,477 34,244 37,015 39,783 42,558 2 44,113 3 45,627 4 46,139 5 49, 276 6 52,754 7 56,456 8 62,124 THE ABOVE SCHEDULE IS EFFECTIVE RETROACTIVE TO JULY 1, 1995 SALARY AND WAGE SCHEDULE "C" EFFECTIVE JANUARY 1, 1996 GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 1 31,792 34,586 37,385 40,181 42,984 2 44,554 3 46,084 4 46,600 5 49,769 6 53,282 7 57,021 8 62,745 THE ABOVE SCHEDULE IS EFFECTIVE RETROACTIVE TO JANUARY 1, 1996 The above figures are gross salaries which include four hours' additional pay for each of the twelve paid holidays throughout the year, These schedules are applicable to uniformed members of the Police Department - Local P.B.A. No. 173 By: Mr. Czajka Salary Ordinance Amendment 20 - Department of Police 1996-1997 The Common Council of the City of Buffalo does ordain as follows: That Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 20-1 Department of Police, under the various subheadings relating to positions listed below is hereby amended as follows: (NOTE: Old salaries are in brackets) 20 - DEPARTMENT OF POLICE 1 - POLICE ADMINISTRATION 001 - OFFICE OF THE POLICE COMMISSIONER 1 COMMISSIONER OF POLICE (86,118) 86,979 3 DEP. COMM. OF POLICE (74,473) 75,218 1 POLICE INSPECTOR (62,124) 62,745 2 POLICE CAPTAIN (56,456) 57,021 4 POLICE LIEUTENANT (49,276) 49,769 10 POLICE OFFICER (31,477- 31,792 42,558) 42,984 DETAIL OF DETECTIVE. ANY MEMBER OF THE POLICE FORCE WHO IS QUALIFIED BY RANK PURSUANT TO LAW, MAY BE DETAILED BY THE COMMISSIONER OF POLICE AS DETECTIVE AND ANY SUCH DETAIL MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. THE MAXIMUM NUMBER OF SUCH DETAILS HEREIN AUTHORIZED AND THE RATE OF COMPENSATION PAYABLE TO EACH MEMBER OF THE POLICE FORCE WHILE SO DETAILED SHALL BE AS FOLLOWS: 1 DETECTIVE AT THE RATE OF ($44,113) $44,554 PER ANNUM. 011 - DETECTIVE BUREAU 1 POLICE INSPECTOR (62,124) 62,745 DETAIL OF CHIEF OF DETECTIVES. ONE POLICE INSPECTOR MAY BE DETAILED, BY THE COMMISSIONER OF POLICE, AS CHIEF OF DETECTIVES AT THE ANNUAL RATE OF COMPENSATION OF ($60,906) $62,124. SUCH ASSIGNMENT MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. 3 POLICE CAPTAIN (56,456) 57,021 1 POLYGRAPH EXAMINER (49,276) 49,769 15 POLICE LIEUTENANT (49,276) 49,769 3 POLICE PHOTOGRAPHER (45,627) 46,084 88 POLICE OFFICER (31,477- 31,792- 42,558) 42,984 DETAIL OF CHIEF OF HOMICIDE, ASSISTANT CHIEF OF DETECTIVES, DETECTIVE SERGEANT AND DETECTIVE. ANY MEMBER OF THE POLICE FORCE, WHO IS QUALIFIED BY RANK PURSUANT TO LAW, MAY BE DETAILED BY THE COMMISSIONER OF POLICE AS CHIEF OF HOMICIDE, ASSISTANT CHIEF OF DETECTIVES, DETECTIVE SERGEANT, OR DETECTIVE, AND ANY SUCH DETAIL MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. THE MAXIMUM NUMBER OF SUCH DETAILS HEREIN AUTHORIZED AND THE RATE OF COMPENSATION PAYABLE TO EACH MEMBER OF THE POLICE FORCE WHILE SO DETAILED SHALL BE RESPECTIVELY AS FOLLOWS: 1 CHIEF OF HOMICIDE AT THE RATE OF ($56,456) $57,021 PER ANNUM. 5 ASSISTANT CHIEFS OF DETECTIVES AT THE RATE OF ($52,754) $53,282 PER ANNUM. 6 DETECTIVE SERGEANTS AT THE RATE OF ($46,139) $46,600 PER ANNUM. 82 DETECTIVES AT THE RATE OF ($44,113) $44,554 PER ANNUM. 012 - PATROL SERVICES 5 POLICE INSPECTOR (62,124) 62,745 17 POLICE CAPTAIN (56,456) 57,021 67 POLICE LIEUTENANT (49,276) 49,769 642 POLICE OFFICER (31,477- 31,792- 42,558) 42,984 DETAIL OF DETECTIVE SERGEANT AND DETECTIVE. ANY MEMBER OF THE POLICE FORCE WHO IS QUALIFIED BY RANK PURSUANT TO LAW, MAY BE DETAILED BY THE COMMISSIONER OF POLICE AS DETECTIVE SERGEANT OR DETECTIVE AND ANY SUCH DETAIL MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. THE MAXIMUM NUMBER OF SUCH DETAILS HEREIN AUTHORIZED AND THE RATE OF COMPENSATION PAYABLE TO EACH MEMBER OF THE POLICE FORCE WHILE SO DETAILED SHALL BE RESPECTIVELY AS FOLLOWS: 9 DETECTIVE SERGEANTS AT THE RATE OF ($46,139) $46,600 PER ANNUM. 42 DETECTIVES AT THE RATE OF ($44,113) $44,554 PER ANNUM. 013 - TRAFFIC SERVICES 1 POLICE CAPTAIN (56,456) 57,021 2 POLICE LIEUTENANT (49,276) 49,769 32 POLICE OFFICER (31,477- 31,792 42,558) 42,984 021 - ADMINISTRATION & COMMUNICATIONS 1 POLICE INSPECTOR (62,124) 62,745 3 POLICE CAPTAIN (56,456) 57,021 1 DIRECTOR OF POLICE TRAINING (52,754) 53,282 7 POLICE LIEUTENANT (49,276) 49,769 32 POLICE OFFICER (31,477- 31,792- 42,558) 42,984 DETAIL OF ASSISTANT POLICE DISPATCHER. ANY MEMBER OF THE POLICE FORCE WHO IS QUALIFIED BY RANK PURSUANT TO LAW, MAY BE DETAILED BY THE COMMISSIONER OF POLICE AS ASSISTANT POLICE DISPATCHER AND ANY SUCH DETAIL MAY BE REVOKED BY THE COMMISSIONER OF POLICE AT ANY TIME. THE MAXIMUM NUMBER OF SUCH DETAILS HEREIN AUTHORIZED AND THE RATE OF COMPENSATION PAYABLE TO EACH MEMBER OF THE POLICE FORCE WHILE SO DETAILED SHALL BE AS FOLLOWS: 12 ASSISTANT POLICE DISPATCHERS AT THE RATE OF ($45,627) $46,084. This ordinance shall be effective retroactive to January 1, 1996. We, R. Gil Kerlikowske, Commissioner of Police and James B. Milroy, Director of Budget recommend that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing ordinance. We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby certify that considering the determination of the public arbitration panel and contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 174 By: Mr. Czajka Salary Ordinance Amendment 70 - 0 Department of Street Sanitation The Common Council of the City of Buffalo does ordain as follows: That part of Section I of Chapter 35 Of the Ordinances of the City of Buffalo, relating to 700-011 - Department of Street Sanitation - Streets - Collection of Refuse & Recycling which reads: 60 Truck Driver $22,266 - $24,914 17 Sanitation Worker $21,987 - $24,530 30 Laborer 11 (Daily) Daily $82.52 - $94.10 48 Laborer 11 (Hourly) Hourly $ 9.85 - $11.20 is hereby amended to read: 78 Truck Driver (Streets) $23,266 - $25,914 66 Street Worker $22,537 - $25,560 12 Street Worker (Competitive) $22,537 - $25,560 4 Sanitation Worker $21,987 - $24,530 7 Laborer II (Daily) Daily $82.52 - $94.10 10 Laborer 11 (Hourly) Hourly $ 9.85 - $11.20 and further, That part of Section 1 of Chapter 35 Of the Ordinances of the City of Buffalo, relating to 700-012 - Department of Street Sanitation - Vermin and Animal Control which reads: 3 Laborer II (Hourly) Hourly $ 9.85 - $11.20 is hereby amended to read: 2 Laborer II (Hourly) Hourly $ 9.85 - $11.20 and further, That part of Section 1 of Chapter 35 Of the Ordinances of the City of Buffalo, relating to 700-013 - Department of Street Sanitation - Cleaning Streets & Snow Removal which reads: 22 Truck Driver $22,266 - $24,914 9 Laborer II (Daily) Daily $82.52 - $94.10 is hereby amended to read: 8 Laborer II (Daily) Daily $82.52 - $94.10 and further, That part of Section I of Chapter 35 Of the Ordinances of the City of Buffalo, relating to 700-032 - Department of Street Sanitation - Building and Fleet Maintenance which reads: 8 Laborer II (Hourly) Hourly $ 9,85 - $11.20 is hereby amended to read: 6 Laborer II (Hourly) Hourly $ 9.95 - $11.20 We, Vincent J. LoVallo, Commissioner of Street Sanitation and James B. Milroy, Director of the Budget, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said positions be fixed at the amount set forth in the foregoing ordinance. APPROVED AS TO FORM Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 175 By: Mr. Czajka City of Buffalo Local Law No. (1996) Introductory No. 4 (1996) A local law amending Article 24 of the Charter of the City of Buffalo in relation to the citizens salary review commission. Be it enacted by the Common Council of the City of Buffalo as follows: Section 1. That section 452-a of article 24 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: The citizens salary review commission shall consist of nine citizens appointed by the board of review. The term of one-third of the members first appointed shall expire on December thirty-first, nineteen hundred eighty; one-third on December thirty-first, nineteen hundred eighty-one; and one-third on December thirty-first, nineteen hundred eighty-two; and their successors shall be appointed for terms of three years each so that the term of office of one-third of such members shall expire on the last day of December in successive years. Each member shall continue to serve until the appointment and qualification of his successor. Vacancies in said commission occurring otherwise than by the expiration of term shall be filled by the board of review for the unexpired term. At no time shall the commission consist of more than six citizens of one political party. Beginning on January first, nineteen hundred eighty, the commission shall review the salaries of all elected officials of the city of Buffalo [except] including members of the board of education and report its recommendations to the common council by May first of that year. The common council must adopt, modify or reject the report of the commission by June fifteenth of said year. The effective date of any approved recommendations shall be January first of the next even year after approval, beginning January first, nineteen hundred eighty-two. The review of salaries as set forth above shall occur during every even year starting with nineteen hundred eighty. However, this section shall not apply to any salary changes approved during nineteen hundred eighty-five prior to November five and made effective January first, nineteen hundred eighty-six. Section 2. This local law shall take effect immediately. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. LAID ON THE TABLE No. 176 By: Mr. Czajka Grass and Lawn Refuse Pick Up Whereas: Homeowners are required to put grass clippings and other lawn refuse in clear plastic bags for pick up; and Whereas: A separate truck is designated to pick up this refuse to save the city money as lawn refuse can be recycled through composting; and Whereas: This policy is a good one that saves the city money but the truck that picks up yard waste does not necessarily pick up the refuse the same day as the homeowner's garbage; and Whereas: This leads to a situation where a homeowner may have bags of lawn refuse on their front lawn for an entire week before it will be picked up; and Whereas: This policy is totally unacceptable as there are health related concerns among aesthetic concerns with leaving bags of lawn refuse out for days on end. Now, Therefore, Be It Resolved: That the Streets Commissioner report to this Honorable Body on his departments lawn refuse pick up policy and what can be done to eliminate confusion surrounding this policy. ADOPTED No. 177 By: Mr. Czajka Wildlife Habitat- Buffalo River Whereas: The County of Erie has designated five city owned parcels along the Buffalo River as potential sites for wildlife habitat restoration; and Whereas: This project would direct federal funds toward these sites turning undeveloped land, which in some cases is used primarily for illegal dumping, into parklike settings; and Whereas: These sites would provide increased public access along the river for canoeists and outdoorsmen, benefiting not only the immediate neighborhoods, but other Buffalonians and Western New Yorkers; and Whereas: This Honorable Body has previously approved a resolution endorsing the transfer of the foot of Smith Street to the County of Erie to construct and maintain this parcel; and Whereas: The County of Erie desires to include a parcel located at Bailey Avenue at the confluence of the Buffalo River and the Cazenovia Creek as a site for this Habitat restoration project; and Whereas: The terms and conditions for usage for the Bailey Avenue parcel would be the same as those for the Smith Street parcel. Now, Therefore, Be It Resolved: That the Common Council does hereby authorize the transfer of the parcel located at Bailey Avenue at the confluence of the Buffalo River and Cazenovia Creek to the County of Erie, and Be It Further Resolved: That the Mayor of the City of Buffalo hereby be authorized to execute an inter-municipal agreement and any other necessary documents to transfer title of the Smith Street and Bailey Avenue properties to the County of Erie. PASSED AYES - 12 NOES - 0 No. 178 By: Mr. Franczyk Transfer of Funds Exempt Items - Reserve for Capital Improvements Capital Projects Fund - Division of Buildings That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $894.00 be and the same is hereby transferred from the Reserve for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $894.00 To: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $894.00 From: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $894.00 To: 200 Capital Projects 40-2 - Division of Buildings 099 - Small Animal Shelter $894.00 PASSED AYES - 12 NOES - 0 No. 179 By Mr. Franczyk Discharge Committee on Finance Pilot Air Freight vs City (CC) Item No. 46, CCP, May 14, 1996 Whereas, the above item is currently tabled in the Finance Committee and Whereas, it is no longer necessary for this item to be considered by that Committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Committee from further consideration of this item, and the item is now before the Common Council for its consideration. CARRIED. Mrs. LoTempio moved: That the Corporation Counsel be, and he hereby is authorized to withdraw the City's counterclaim against Pilot Air Freight Corporation ("Pilot") and settle the Pilot litigation if Pilot drops its claim against the City, as outlined in the Law Department's communication, No. 46, C.C.P., May 14, 1996. PASSED. AYES: BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, WILLIAMS, ZUCHLEWSKI, 12. NOES: COPPOLA, 1 No. 180 By: Mr. Franczyk Bond Resolution $5,381,000 Bonds Reconstruction of Various Paring Ramps Account 415-410-006 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $5,381,000 General Improvement Bonds of said City to finance the cost of partial reconstruction to various parking ramps in the City, at the estimated maximum cost of $5,381,000. 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 Five Million Three Hundred Eighty One Thousand Dollars ($5,381,000), pursuant to the provision of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction to various parking ramps in the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $5,381,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of The Board of Parking, "Reconstruction of Various Parking Ramps, 1995-96", Bond Authorization Account No. 415-410-006, and shall be issued for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $5,381,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) Said buildings are of at least Class "B" construction, as defined by Section 11.00 a.11(b) of the Law and the period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.12(a)(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 irrevocable 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: June 11, 1996 LAID ON THE TABLE No. 181 By: Mr. Franczyk: Bond Resolution $183,000 Bonds Martin Luther King Park Improvements Account 200-717-037 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $183,000 General Improvement Bonds of said City to finance the cost of various improvements for Martin Luther King Park, in the City, at the estimated maximum cost of $183,000. 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 $183,000, pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of various improvements for Martin Luther King Park, in the City, including renovation of the historic wading pool and other facilities. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $183,000, 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 Community Development, Division of Development, "Reconstruction Martin Luther King Park, 1995-96, Bond Authorization Account No. 200-717-037, 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 $183,000. 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 I 1.00 a. 19 (c) 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: June 11, 1996 LAID ON THE TABLE No. 182 By: Mr. Franczyk: Bond Resolution $100,000 Bonds Massachusetts Ave. Playground Improvements Account 200-717-029 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $100,000 General Improvement Bonds of said City to finance the cost of various improvements to the Massachusetts Avenue Playground, in the City, at the estimated maximum cost of $100,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Conunon 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 $100,000 pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of various improvements to the Massachusetts Avenue Playground, 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 $100,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "Improvements-Massachusetts Street, 1995-96", Bond Authorization Account No. 200-717-029, and shall be used for the class of objects or purposes specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $100,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) 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. 19(c) 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: June 11, 1996 LAID ON THE TABLE No. 183 By: Ms Gray Resolve Homeowners Complaints, Involving Newly Constructed and Rehab Houses, and the Creation of a Citizen Housing Review Board Whereas: A significance number of owners of newly constructed and rehabilitated homes in the city of Buffalo, contacted this office expressing the concerns they are encountering in their homes; and Whereas: A survey conducted by this office found that a majority of home owners who responded, indicated that there were many issues, concerns and problems relating to their homes and that they want these problems resolved; and Whereas: Many homeowners believe that they have purchased homes that are structurally defective and/or that their homes are built with materials that are clearly inferior or substandard in nature; and Whereas: Due to the lack of cooperation from the developers, and the unwillingness of the city housing inspectors to hold the developer accountable for the problems the homeowners are experiencing; and Now Therefore, Be It Resolved: That a public hearing to address the concerns and problems of the Newly built and Rehab homeowners be held, in the Common Council Chambers and Be It Further Resolved That the Department of Neighborhood Housing & Inspections and the developers in question, (Gal-Val Developers, Apex Developers, BB2 Developers, MJ.Peterson/James Management Surety Construction, Telco Construction, Omega Developer and other city authorized developers) address the concerns of the homeowners and develop a course of resolution that will include holding the developers accountable and responsible for the problems that occurred while these house are still under warranty and that the housing inspectors be held accountable for the approval of these homes. Be, It finally Resolved That this offices have found that there is a need to establish a citizen housing review board, made up of citizens who have made a commitment to the city through their investment in housing, to insure the housing inspectors address the concerns of the homeowners. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL. No. 184 By Mr. Helfer Renegotiation of Outstanding PILOT agreement with Prudential Associates, owners of 40 Church Street, former Guaranty Building Whereas: representatives of the Erie County Industrial Development Agency (ECIDA), the City of Buffalo, the Buffalo Enterprise Development Company (BEDC) and the County of Erie have discussed the Petition by Prudential Associates to discount Payments in Lieu of Tax (PILOT) due to the City of Buffalo and the County of Erie; and Whereas: representatives of the Erie County Industrial Development Agency (EDICA), the City of Buffalo, the Buffalo Enterprise Development Company (BEDC) and the County of Erie have discussed the Petition by Prudential Associates to discount the balance due on a fourth mortgage due to the BEDC; and Whereas: all of these parties have negotiated the agreement in principal in regard to this transaction; and Whereas: this honorable body has previously shown concern and investigated outstanding PILOT du to the City of Buffalo; and Whereas: the Guaranty Building is Buffalo's most significant Historic Landmark, being on the National Historic Register as well as a point of interest, viable commercial office space downtown, and an attraction for visitors to the City of Buffalo, and Whereas: considering the grave condition of the downtown Buffalo rental market with an excess of 30% vacancy rate and the continuing loss of ongoing business entities from downtown Buffalo it is imperative that the City of Buffalo and this body assist in the efforts made to maintain the economic viability of a landmark commercial property such as the Guaranty building; and Whereas: without the relief sought by Prudential Associates under the new agreement, they will incur the loss of 60% of the tenancy of this building, including approximately 300 job positions held in the city limits, namely Health Care Plan, and ensuing insolvency will result in the inability of the City of Buffalo or the County of Erie to realize any tax benefit from this property Now, Therefore, Be It Resolved: That the Common Council will refer this matter to the Committee and invite the appropriate parties from the ECIDA, the BEDC, a representative from the City Office of Administration and Finance and Mr. Ed Peace, Corporation Counsel, and Be it Finally Resolved: that this group will discuss the draft agreement and receive explanations regarding it. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, THE BFLO. ENTERPRISE DEVELOPMENT CORP, ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY AND THE CORPORATION COUNSEL No. 185 By: Ms. Kavanaugh and Mr. Zuchlewski Process for Establishing the City Garbage District Whereas: In response to the Mayor's proposed 1996-97 budget this Council included a fee-funded Garbage District in its adopted budget; and Whereas: It is important to the citizens, to elected officials and to the city's environment that this District is set up in a timely, efficient and sensitive manner; Whereas: This Council, by resolution #190 C.C.P. May 28, 1996 affirmed its support for public participation in the governing of the Garbage District and requested the Mayor and the Corporation Counsel to include that principle in whatever legal structure is developed for the District; and Whereas: As the city's legislative body, this Council will have an important role to play in the establishment of the District and the Council needs to understand the steps involved so that adequate time can be allotted to make decisions that are well thought out and sensitive to the needs of the District's fee payers; Now, Therefore, Be It Resolved That: This Council requests the Mayor's Office to file a short report which: Details the steps that are anticipated in setting up the District, particularly those that will involve the Council; Names the administration's point person for setting up the Garbage District; and Lists the other officials and citizens who will be involved with developing the District. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF STREETS, THE COMMISSIONER OF ADMINISTRATION & FINANCE, THE CORPORATION COUNSEL AND THE COMPTROLLER. No. 186 By Ms. Kavanaugh Discharge Education Committee Acquire 1 Race St For Bd. of Education (Compt) Item No. 22, CCP, Apr. 16, 1996 Whereas, the above item is currently tabled in the Education Committee and Whereas, it is no longer necessary for this item to be considered by that Committee Now Therefore Be It Resolved, that this Common Council does hereby discharge the Education Committee from further consideration of this item, and the item is now before the Common Council for its consideration. CARRIED. Mrs. LoTempio now moved the approval of the above item. Seconded by Ms. Kavanaugh PASSED AYES - 12 NOES - 0 No. 187 By: Ms. Kavanaugh, Mr. Quintana and Ms. Williams Display Banners for ARTVOICE Street Festival Whereas: ARTVOICE will celebrate its 6th anniversary on June 29, 1996 with a street festival to be held on Chippewa Street between Pearl and Franklin; and Whereas: To promote this festival of art and music, ARTVOICE has requested permission to display three banners, one on Chippewa between Delaware and Franklin, a second on Elmwood near the intersection with North, and a third on the rotary around Niagara Square; and Whereas: The organizers would like to display the banners from June 12,1996 through June 30, 1996; Now, Therefore, Be It Resolved: That this Common Council grants permission to ARTVOICE to display the banners, pursuant to the conditions established by the Commissioner of Public Works, the Corporation Counsel and the Special Events Advisory Committee. PASSED AYES -12 NOES -0 No. 188 By: Mrs. Lockwood Require thorough review of applicants' fiscal history with City Whereas: The various 'ancillary agencies' of City Government, such as Buffalo Enterprise Development Corporation. Development Downtown, Inc., Buffalo Neighborhood Revitalization Corporation, and the Buffalo Urban Renewal Agency, each provide various services to individuals and businesses in the City; and Whereas: Among the services provided are loan and grant programs to assist needy and worthy applicants; and Whereas: The standard procedures to review eligibility of applicants for the various programs have never been fully detailed for this Council; and Whereas: The current status of any and all liabilities or obligations that an applicant may have to the city or any of its affiliated service providers is of particular concern to this Council. Specifically, assessing whether an applicant has any outstanding tax, water, sewer, or, in the future, sanitation fees, should be a standard procedure to determine eligibility; and Whereas: This review should encompass all City of Buffalo properties in which the applicant holds an interest, and not be limited to the specific location related to the application; Now, Therefore. Be It Resolved: That this Common Council requests that BEDC, BNRC, DDI, and BURA file reports detailing the review process undertaken for applicants of loans, grants, or other services; and Be it Further Resolved: That if all city properties are not included in the review, a process for inclusion be proposed ; and Be it Finally Resolved: That responses be filed prior to 2 PM on Thursday, June 20, 1996. ADOPTED No. 189 By: Ms. Lockwood Display Banner Saint Martin's Lawn Fete June 26 through July 28 Whereas: Saint Martin's Church, located on Abbott Road, is hosting their annual Lawn Fete from Friday July 26 until Sunday July 28 and; Whereas: To promote the event, the Saint Martins Lawn Fete Committee requested permission last year to display a banner across Abbott Road, at the most appropriate site and: Whereas: The Committee has asked that the 1996 banner be displayed along the same location on Abbott Road from June 26 - July 28. Now Therefore Be it Resolved: That the Public Works Department be directed to display the banner promoting the Saint Martin's Lawn Fete across the appropriate portion of Abbott Road from June 26 through July 28. PASSED AYES - 12 NOES -0 No. 190 By: Mrs. LoTempio Ordinance Amendment Chapter 307 - Parking and Parking Lots The Common Council of the City of Buffalo does hereby ordain as follows: That Section 307-6 of Chapter 307 of the Code of the City of Buffalo be amended to read as follows: J. To direct, upon the agreement of the Director of Parking Enforcement and the Director of Administrative Adjudication, that summons involving violations related to street sanitation and dog control within Parking Violations Bureau jurisdiction be heard by the Bureau of Administrative Adjudication. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Edward Peace Corporation Counsel NOTE: Matter underlined is new. PASSED AYES - 12 NOES - 0 No. 191 By: Mrs. LoTempio Residency Enforcement Program Whereas: Chapter 35 - 6 - Residency - of the Code of the City of Buffalo states that "On and after July 1, 1939, it shall be the duty of each employee of the City of Buffalo, during the period of his employment by said city, to be a domiciled resident of the city and to maintain his permanent residence within the corporate limits of said city;" and Whereas: In a recently issued five-year analysis of employee residency, The Civil Service Commission reported that no employee was charged with violation of the residency requirements; and Whereas: There is widespread recognition, however, that there are numerous city employees who are violating the residency requirements, and that these violators have a detrimental impact upon the city's economy as well as the morale of city workers; and Whereas: Because of the recognized need to enhance the enforcement of the residency requirement, this Common Council added a new residency investigator position in the 1996-97 budget for the Civil Service Commission, and Whereas: This new position will allow the Commission to investigate charges of residency violations in a thorough and accurate manner; and Whereas: In addition to this new position, there ought to be clear and reasonable procedures in place for determining residency and for the enforcement of the residency provisions; Now, therefore be it resolved: That the Corporation Counsel draft a residency enforcement ordinance which would codify the procedures for determining and enforcing City of Buffalo employee residency, including provisions for the suspension and/or dismissal of violators; and Be it further resolved: That this ordinance should allow any city employee covered by the residency requirement who is not living in the city to apply for a six-month waiver prior to July 1, 1996; and Be it finally resolved: That the Corporation Counsel file this ordinance in time for consideration at the Council meeting of June 25, 1996. ADOPTED No. 192 By: Mrs. LoTempio and Mr. Pitts City of Buffalo Local Law No. (1996) Introductory No. 5 (1996) A LOCAL LAW amending article fourteen of the Charter of the City of Buffalo in relation to the creation of a division of inspections and division of neighborhoods. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That article fourteen of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: (a) By amending article fourteen to read: Sec. 270. Commissioner of Community Development. The commissioner of community development shall be the head of the department of community development and also shall be known as the commissioner of urban renewal. Sec. 271. Appointment; Removal. The commissioner of community development shall be appointed by the mayor, subject to confirmation by the council, and shall be removable at the pleasure of the mayor. Sec. 272. Qualifications of the Commissioner. The commissioner of community development shall be a person who has a college degree and has demonstrated executive and administrative ability with at least six years' administrative experience in redevelopment, planning, urban renewal, or related fields; or is a graduate of a recognized college or university with a degree in city or regional planning, public administration, or a related professional field, with no less than three years' actual administrative or consultant experience in the field of regional or municipal planning or renewal. The commissioner's qualifications shall be acceptable to the mayor. Sec. 273. Duties and Powers. The commissioner of community development shall enforce the provisions of all laws, ordinances, rules and regulations as may govern the construction, alteration, maintenance, use, occupancy, safety sanitary conditions, mechanical equipment and inspection of buildings or structures, and shall have charge of the removal of buildings and other structures. The commissioner or his or her designee may direct or cause to be torn down, blown up or otherwise destroy any building or buildings which he or she deems hazardous and likely to convey fire to other buildings. He or she shall have charge of all publicly supported neighborhood residential rehabilitation and construction. He or she shall oversee all neighborhood revitalization activities and administer programs to assist neighborhood revitalization. He or she shall prepare and file with the Common Council a detailed and comprehensive plan for the revitalization of city neighborhoods, to include provision for code enforcement, grant programs, new housing strategies and personnel deployment, and shall file an update of such plan annually by the first day of December. The commissioner of community development shall have all the powers and shall exercise all the duties hereinafter conferred upon the several divisions of the department and shall have such other powers and duties as may be granted to the commissioner by this act or by ordinance or general law. Sec. 274. Deputy Commissioner; Qualifications. There shall be in the department [a] two deputy commissioners. The deputy commissioners shall be appointed by and at pleasure removed by the commissioner of the department. [The] One deputy commissioner shall have at least three years' experience in the field of city or regional planning, urban renewal, economic development, administration or related fields and shall be a graduate of a recognized college or university with a degree in city or regional planning, public administration, law or related fields, or shall have qualifications reasonably equivalent which are acceptable to the commissioner. One deputy commissioner shall be a person who is experienced in the areas of housing and building construction and rehabilitation, code enforcement, rehabilitation assistance and neighborhood development activities, including at least six years in the practice of his or her profession. Preferably, he or she shall be a person who has a baccalaureate degree from an accredited college or university, preferably in architecture, engineering, public administration, or a related professional field. Sec. 275. Deputy Commissioner; Duties and Powers. [The] Both deputy commissioners of community development shall, during the absence or disability of the commissioner of community development, possess all the powers and perform all the duties of the commissioner of community development. The deputy commissioners shall supervise and manage the administration of the department under the direction of the commissioner and shall perform such other duties and possess such other powers as may be assigned to [said] such deputy commissioners by the commissioner. Sec. 276. Divisions. There shall be in the department of community development the following divisions: (a) Division of planning. (b) Division of development. (c) Division of [neighborhood revitalization] inspections, licenses and permits. (d) Division of neighborhoods DIVISION OF PLANNING Sec. 277. Director of Planning; Qualifications. The head of the division of planning shall be the director of planning and shall hold a college degree in planning or in a related professional field and have two years' actual experience as a planner, or qualifications reasonably equivalent which are acceptable to the commissioner. He or she shall be appointed by and removed at the pleasure of the commissioner of community development. Sec. 278. Director of Planning; Duties and Powers. The director of planning shall: (a) Supervise, manage and be responsible for the affairs and activities of the division; (b) Be the advisor to the commissioner of community development and the mayor in respect to the planning affairs of the city, and he shall furnish to the commissioner of community development, the mayor and the common council, at any time, upon written request, such information and particulars as to city planning matters as may be desired; (c) Be the advisor and consultant to the city planning board, and shall prepare and furnish to the city planning board such reports, studies, plans, surveys of other data as may be necessary to aid and assist the planning board in the discharge of its duties; and (d) Review all city-sponsored projects with respect to capital programming; (e) Supervise the review and preparation of environmental impact statements containing analyses of the social, economic and natural resource impacts of city program plans; (f) Coordinate and prepare for the mayor a capital improvement budget consisting of a statement of the capital expenditures, if any, which it is proposed shall be made by the city during the next ensuing fiscal year, together with a separate and distinct program for capital improvements to be made in each of the five years following the fiscal year for which the capital improvement budget is submitted; the program for each of said five years shall set forth a reasonably informative estimate of the cost of each item comprising such program; (g) Exercise such other powers and perform such other duties as may be conferred or imposed upon him or her by the provisions of this act or by any ordinance, statute or federal law. DIVISION OF DEVELOPMENT Sec. 279. Director of Development; Qualifications. The head of the division of development shall be the director of development. Said director shall have a baccalaureate degree from a recognized college or university in economics, urban development, planning, public administration, or related professional fields, and two years' experience in planning and/or programming or related fields, qualifications reasonably equivalent which are acceptable to the commissioner. Said director shall be appointed by and removed at the pleasure of the commissioner. Sec. 280. Director of Development; Duties and Powers. The director of development shall: (a) Supervise, manage and be responsible for the affairs of the division of development; (b) Prepare and submit departmental applications to federal and state agencies; (c) Supervise real estate acquisition as may be required to implement department programs; (d) Supervise demolition and construction of public works within federally or nonfederally assisted renewal projects sponsored by the city or the Buffalo urban renewal agency; (e) Be responsible for carrying out all city relocation activities; have uniform relocation procedures; manage and maintain occupied properties acquired by the city of Buffalo urban renewal agency, while the occupants are being relocated; administer relocation payment claims and prepare required reports and programs for relocation; (f) Develop the programs and procedures for implementation of the above responsibilities to ensure sequential control of all community development departmental activities; (g) Identify economic problems and opportunities in the city and develop relevant policy responses for the mayor, common council and commissioner of community development; (h) Establish and maintain contact with industrial and manufacturing businesses within the city, assist them in their dealings with the city government, and provide them with information on state and federal assistance programs; (i) Provide relevant market and site data for industrial and major commercial developers; and (j) Exercise such other powers and perform such other duties as may be conferred or imposed upon the director by the commissioner or by any provision of this act or by any general law, ordinance or federal law. Sec. 281. Economic Development Zones. 1. The Mayor of the City of Buffalo shall have the power to prepare, execute and submit an application to the Commissioner of Economic Development of the State of New York for designation of an area or areas within the city of Buffalo as an economic development zone. 2. The boundaries of the designated areas shall be defined as that part of the city of Buffalo bounded by a line described as follows: SUB-ZONE 1: Portions of Census Tracts (CT.) 5.00, 12.00, 13.02, 14.02, 15, 16, 18, 25.02,31.68,71.01. More fully described as follows: Beginning at the southeast corner of Main and High St.,; thence southerly along Ellicott St. to Burton St., thence easterly on an imaginary line extending from Burton St. to North Oak St.; thence southerly along N. Oak St. to Goodell St.; thence easterly along Goodell St. to Mulberry St.; thence southerly along an imaginary line extending from Mulberry St. (connecting Mulberry st. and Hickory St.) to Cherry St.; thence northeasterly along Cherry St. to Jefferson Ave.; thence northerly along Jefferson Ave. to the Kensington Expressway (NYS Rte. 33); thence northeasterly along the Kensington Expressway (NYS Rte. 33) to Carlton St.; thence easterly along Carlton St. to Grey St.; thence southerly along grey St. to Genesee St.; thence southwesterly along Genesee St. to Jefferson Ave.; thence southerly along Jefferson Ave. to Broadway; thence easterly along Broadway to CONRAIL (NY Central) rail line approximately 5O' east of Memorial Drive); thence southerly and southwesterly along the CONRAIL (NY Central) rail line, also being the southern boundaries of 495 Paderewski Drive (SBL #112.09-1-1.1) and 5 9 Memorial Drive (SBL #112.13-1-1.2), to William St.; thence westerly along William St. to Jefferson Ave.; thence southerly along Jefferson Ave. to Myrtle Ave.; thence westerly along Myrtle Ave. to Hamburg St.; thence southerly along Hamburg St. to Seneca St.; thence easterly along Seneca St. to Smith St.; thence northerly along Smith St. to Fillmore Ave.; thence northerly along Fillmore Ave. to Hardwood Place; thence easterly along Hardwood Place to Dillon St.; thence northerly along Dillon St. to Fillmore Ave.; thence northerly along Fillmoire Ave. approximately 100' to a CONRAIL (Penn Central) rail line; thence easterly along the CONRAIL (Penn Central) rail line approximately 950' to an intersection with a CONRAIL (Erie Lackawanna) rail line; thence southwesterly along the CONRAIL (Erie Lackawanna) rail line to the intersection of Smith st. and an imaginary line extended rom Exchange St.; thence westerly along said imaginary line of Exchange St. to VanRensselaer St.; thence southerly along VanRensselaer St. to Perry St.; thence easterly along Perry St. approximately 700' to a CONRAIL (Erie-Lackawanna) rail line; thence southwesterly along said CONRAIL (Erie-Lackawanna) rail line to Fulton St.; thence westerly along Fulton St. to VanRensselaer St.; thence southerly along VanRensselaer St. to South Park Ave.; thence westerly along South Park Ave. to Fitzgerald St., extended; thence southerly along Fitzgerald St. to Mackinaw St.; thence westerly along Mackinaw St. to Katharine St.; thence northerly along Katharine St. to South Park Ave.; thence westerly along South Park Ave. to Red Jacket St.; thence northerly along Red Jacket St. to Fulton St.; thence easterly along Fulton St. approximately 400' to a CONRAIL (NY Central) rail line; thence northwesterly along said CONRAIL (NY Central) rail line to the NYS Thruway, Niagara Section (I- 190); thence westerly along the NYS Thruway (I-190) to Hamburg St.; thence northerly along Hamburg St. approximately 600' to a CONRAIL (NY Central) rail line; thence westerly along said CONRAIL (NY Centra) rail line to Michigan Ave.; thence northerly along Michigan Ave. to E. Tupper St.; thence westerly along E. Tupper St. to Elm St.; thence southerly along Elm St. to Genesee St.; thence westerly along Genesee St. to Oak St.; thence northerly along Oak st. to E. Tupper St.; thence westerly along E. Tupper St. to Main St.; thence northerly along Main St. to Edward St.; thence westerly along Edward St. to Virginia St.; thence southwesterly along Virginia St. to Keep Place; thence northwesterly along Keep Place to West Tupper St.; thence northwesterly along West Tupper St. to Malta Place; thence northwesterly along Malta Place to West Ave.; thence southeasterly along West Ave. to Maryland St.; thence southwesterly along Maryland to Busti Avenue; thence northwesterly along Busti Avenue to Hudson St. to Cottage St.; thence southeasterly along Cottage St. to Virginia St.; thence easterly along Virginia St. to Main St.; thence northerly along Main St. to High st. and the point of beginning. SUB ZONE 2: Portions of Census Tracts (C.T.) 36.00, 39.01, 39.02 and 42. More fully described as follows: Beginning at a point of E. Amherst St. and the westerly boundary of an abandoned CONRAIL (Erie-Lackawanna) rail R.O.W,, approximately 300' east of the intersection of East Amherst st. and Manhattan Ave.; thence easterly along E. Amherst St. to Clarence Ave.; thence southerly along Clarence Ave. to Kensington Ave.; thence southwesterly along Kensington Ave. approximately 300' to the easterly boundary of an abandoned CONRAIL (Erie-Lackawanna) rail R.O.W.; thence southwesterly along the eastern boundary of said CONRAIL (Erie-Lackawanna) rail R. O.W. to E. Delavan Ave. approximately 300' to an abandoned CONRAIL (Erie-Lackawanna) rail line; thence southerly along said abandoned CONRAIL rail line to an imaginary line extended east and west along Scajaquada St.; thence westerly along Scajuaquada St. to Cornwall Ave. to East Delavan Ave.; thence easterly along E. Delavan Ave. to Norfolk Ave.; thence northerly along Norfolk Ave. to the westerly boundary of an abandoned CONRAIL (Erie-Lackawanna) rail R. O.W.; thence northwesterly along the western boundary of said abandoned CONRAIL (Erie-Lackawanna) rail R.O.W. to E. Amherst St. and the point of beginning. SUB-ZONE 3: Portions of Census Tract 3, Blocks 901 and 902. More fully described as follows: Beginning at a point at the intersection of the southerly shore of the Buffalo River and a CONRAIL (Erie-Lackawanna) rail line east of Bertha St., thence southwesterly along the CONRAIL (Erie-Lackawanna) rail line and following a westerly branch of said rail line (abandoned) to the southerly shore of the Buffalo River approximately 800' south of South Park Ave.; thence along the southerly shore of the Buffalo River to the CONRAIL (Erie-Lackawanna) rail line and the point of beginning. 3. The local economic development zone administrative board shall be established and shall be comprised of eleven (11) members as follows: a. Commissioner of Community Development; b. A representative of Zone business; c. A representative of organized labor; d. A representative of a community organization; e. A representative of a financial institution; f. A representative of educational institution; g. Three (3) zones residents; and h. Two (2) Common Council Members chosen by the Common Council. 4. The Mayor of the City of Buffalo shall appoint, subject to confirmation of the Common Council of the City of Buffalo, and may at pleasure remove, the members described in section 3(b) through 3(g) above of the local economic development zone administration board. 5. The office of chairman of the local economic development zone administrative board shall be established and the Commissioner of Community Development shall serve as the chairman. 6. The office of local economic development zone certification officers officer shall be established and the Director of the Division of Development in the Department of Community Development, or such other officer or employee of the City of Buffalo as may be designated in writing by the chairman of the local economic development zone certification officer. 7. The local economic development zone certification officer shall not serve as a member of the local economic development zone administrative board. Sec. 282. Supervisor of Employment and Training. The head of the office of employment and training shall be the supervisor of employment and training. Sec. 283. Employment and Training Council. There is hereby created in this division a council to be designated as the employment and training council. Sec. 284. Duties and Powers of the Council. The council shall prepare and recommend programs to the mayor, the common council, the commissioner of community development, and the supervisor of employment and training, to: (a) Provide for the development and creation of job opportunities within Erie and Niagara counties and the training, education and other services needed to enable individuals to secure and retain employment at their maximum capacity; (b) Provide unemployed and underemployed persons with transitional employment in jobs providing needed public services because of substantial unemployment and, wherever feasible, related employment and training services to enable such persons to move into employment or training within Erie and Niagara counties; (c) Provide additional employment services for youth, rehabilitated offenders, persons oflimited English speaking ability, older workers and other persons residing in the city of Buffalo who have particular disadvantages in the labor market in Erie and Niagara counties. The council shall do all acts or things necessary to effectuate the above purposes, and shall adopt such rules and regulations as it deems appropriate. Sec. 284.1 Membership of the Council. The council shall consist of not less than five members, and shall be appointed by the mayor for a period of four years. However, the members of the council discharging duties within the powers of the present bodies shall serve until their terms expire and shall be eligible for reappointment. Any appointment made to fill a vacancy caused by the death, resignation or removal of a member shall be made for the balance of the member's term. The mayor shall designate the chairperson of the council from among its members and may from time to time change such designation. A member may be removed by the mayor for reasons stated in writing, after an opportunity to be heard. The mayor may from time to time increase the membership of the council from five to a maximum of twenty-eight members, at least four of whom shall be members of the common council. The members shall serve without compensation. A majority of the members shall be residents of the city. Any members who are not residents of the city shall reside either in Erie county or in Niagara county. A member shall be deemed to have resigned his office for failure to attend three regularly scheduled meetings, unless he or she has filed with the chairperson written reasons for his or her absence approved by a majority of the membership. Meetings shall be held upon the call of the director, the supervisor, the chairperson, or as specified in a written declaration by a majority ofthe members of the council. DIVISION OF INSPECTIONS, LICENSES AND PERMITS Sec. 284.2. Director of Inspections, Licenses and Permits; Qualifications, Duties and Powers. (a) The head of the division of inspections, licenses and permits shall be the director of inspections, licenses and permits. He or she shall supervise, manage and be responsible for the affairs of the division of inspections, licenses and permits, including all matters related to licenses and permits. (b) The director of the division of inspections, licenses and permits shall be a person of demonstrated experience in the areas of housing and building construction and rehabilitation, with at least three years of experience in the administration of housing and property code inspection and enforcement activities; or has qualifications reasonably equivalent which are acceptable to the commissioner. Such director shall be appointed by and removed at the pleasure of the commissioner. (c) The director of inspections, licenses and permits shall have charge of inspections of buildings, houses and other structures. He or she shall be responsible for multiple dwelling inspections, license inspections, bingo inspections, building permit inspections and housing and property code enforcement programs. He or she shall have charge of plumbing, electrical and combustion inspections within the division, and shall appoint, and may at pleasure remove plumbing inspectors as provided in section forty-eight of the general city law or its successors. He or she shall also have charge of all demolition work. He or she shall perform such other related duties as may be assigned by the commissioner of community development. In addition, the director shall have charge of issuing, transferring, renewing, revoking, suspending and canceling all licenses and the collection of fees in connection therewith and coordination of necessary inspections. He or she shall also, under the supervision of the commissioner, have charge of the granting, transferring, renewing, revoking, suspending and canceling all permits and the collection fees authorized in connection therewith and have charge of all building inspections within the division. The director shall supervise and exercise power over the approval of all plans specifications for the construction or remodeling of all buildings and structures in the City. Sec. 284.3 Functions. The inspections, licenses and permits division shall have the following functions: Multiple dwelling inspections, north inspections, south inspections and housing court representation and coordination. DIVISION OF NEIGHBORHOODS Sec. 284.4. Director of Neighborhoods; Qualifications, Duties and Powers. (a) The head of the division of neighborhoods shall be the director of neighborhoods. He or she shall supervise, manage and be responsible for the affairs of the division of neighborhoods. (b) The director ofneighborhoods shall be a person who holds a degree from an accredited college or university and has had at least three years of experience in the conduct of housing rehabilitation, neighborhood development or related activities; or has qualifications reasonably equivalent which are acceptable to the commissioner. Such director shall be appointed by and removed at the pleasure of the commissioner. (c) The director of neighborhoods shall be responsible for development and implementation of neighborhood revitalization programs, inclding the administration of rehabilitation assistance programs. He or she shall initiate and supervise the creation of special programs or projects designed to attract rehabilitation of housing facilities by private developers and/or community-based organizations in the residential neighborhoods, enhance citizen participation, respond to neighborhood needs and develop additional resources to improve neighborhoods. (d) He or she shall also exercise such other powers and perform such other related duties as may be assigned by the commissioner of community development. Sec. 284.5 Functions. The divison of neighborhoods shall have the following functions: Neighborhood residential development, community based organiations monitoring and liaison, financial, residential construction inspections services, rehabilitation construction analysis and rehabilitation loans and grants, fiscal and program compliance, grant development and lead-based paint abatement. Section 2. This local law shall take effect July 1, 1996. APPROVED AS TO FORM Edward D. Peace Corporation Counsel Note: Matter in brackets[] to be deleted; matter underlined is new. LAID ON THE TABLE No. 193 By: Mrs. LoTempio and Mr. Coppola CITY OF BUFFALO LOCAL LAW NO (1996) INTRODUCTORY NO. 8 (1996) A LOCAL LAW adopting section 459-f of the Charter of the City of Buffalo in relation to an early retirement incentive. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That section four hundred fifty-nine-f of the Charter of the City of Buffalo, be adopted pursuant to law, to read as follows: Sec. 459-f. 1996 Targeted Early Retirement Incentive. (1) The City of Buffalo hereby elects to provide to eligible employees with a retirement incentive program authorized by Chapter 30, Laws of 1996. (2) The commencement date of the retirement incentive program shall be July 1, 1996. (3) The open period during which eligible employees may elect to retire and receive the additional retirement benefit, shall be 90 days in length. (4) The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be funded over a five-year period. The amount of the annual payment in each of the five years shall be determined by the Actuary of the New York State and Local Employee's Retirement System and it shall be paid by the City of Buffalo for each employee who receives the retirement benefits under this Local Law. (5) This local law shall take effect immediately. (6) The City of Buffalo's joint Council/Administration/Union/Comptroller Budget Committee is responsible to oversee and make recommendations to manage the workforce. APPROVED AS TO FORM Edward D. Peace Corporation Counsel LAID ON THE TABLE No. 194 By: Mr. Pitts File Complaint with FCC Regarding Expanded Basic Cable TV Rates Whereas: Effective June 1, 1996 TCI of New York raised its monthly rates for expanded basic cable TV service from $14.13 to $15.80; and Whereas: This is a increase of $1.67, or 11.8 percent; and Whereas: This is an exorbitant and unjustified rate hike, and many local subscribers have voiced their objections to it; and Whereas: The Federal Communications Commission has regulatory authority over the expanded tier of service, and that agency has the power to deny that rate increase and, if necessary, order refunds; and Whereas: The City of Buffalo had filed a formal rate complaint with the FCC regarding a previous rate hike, and that action eventually resulted in the $1.93 refund that cable subscribers received in this month's bill; Now, therefore be it resolved: That this Common Council hereby authorize and direct that a formal cable programming services rate complaint (FCC Form 329) be filed on behalf of the citizens of the City of Buffalo regarding the expanded basic rate increase that took effect on June 1, 1996. ADOPTED. No. 195 By: Mr. Pitts Request for "All-Way" stop signs at the intersection of Kingsley Street and Roehrer Avenue. WHEREAS: The intersection of Kingsley Street and Roehrer Avenue represents an unsafe traffic condition for both pedestrians and vehicles; and WHEREAS: The absence of "All-Way" stop signs has perhaps caused several accidents, not to mention, an endangerment to public safety and property damage; and WHEREAS: It is therefore crucial that pedestrian and vehicle safety be maintained. NOW THEREFORE BE IT RESOLVED THAT: This Common Council request that the Department of Public Works install "All-Way" stop signs at the intersection of Kingsley Street and Roehrer Avenue. BE IT FURTHER RESOLVED THAT: These signs be installed expeditiously to prevent any further harm to pedestrians or vehicles/driver/passenger. ADOPTED No. 196 By: Mr. Pitts and Ms. LoTempio City of Buffalo Local Law No. (1996) Introductory No. 6 (1996) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the elimination of the department of neighborhoods, housing and inspections. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: (a) By repealing that portion of section seventy of article five, reading: Department of neighborhoods, housing and inspections. (b) By repealing article eight-a captioned "DEPARTMENT OF NEIGHBORHOODS, HOUSING AND INSPECTIONS", which includes sections one hundred forty, one hundred forty-one, one hundred forty-two, one hundred forty-three, one hundred forty-four, one hundred forty-five, one hundred forty-six, one hundred forty-seven and one hundred forty-eight. Section 2. This local law shall take effect July 1, 1996. APPROVED AS TO FORM Edward D. Peace Corporation Counsel LAID ON THE TABLE No. 197 By: Mr. Quintana Lease West Side Center to Concerned Ecumenical Ministries Whereas: In an era of shrinking public resources the consolidation of human service agencies is often the best way to continue to provide needed services while cutting back on the overhead costs of providing those services; and Whereas: The Niagara District Community Development Block Grant Committee, with guidance from the United Way of Westem New York, has undertaken an evaluation of 5 Community Based Organizations (CBO's) funded through the Niagara District Block Grant in order to provide the District Councilmember with data for use in delivering services efficiently to district residents; and Whereas: The results of this evaluation support the consolidation of services currently being run from two Niagara District centers at 161 Vermont Street and 286 Lafayette Avenue under the administration of one CBO - the Concerned Ecumenical Ministries to the Upper West Side, Inc. (CEM); and Whereas: CEM's mandate will be to maintain and improve all of the services being offered from both of these locations; Now, Therefore, Be It Resolved That: This Council hereby informs the Division of Real Estate of its intention to authorize a lease agreement with Concerned Ecumenical Ministries to run human service programs from the West Side Center at the former School 38 building at 161 Vermont Street; and Be It Further Resolved That: This Council requests the Corporation Counsel to send a letter notifying West Side Community Services (WSCS) that its lease will not be renewed and giving WSCS 30 days to vacate 161 Vermont Street; and Be It Further Resolved That: In the event that WSCS vacates 161 Vermont Street before a lease is ready for CEM, this Council hereby authorizes CEM to immediately occupy 161 Vermont Street on an interim basis pending the signing of the lease; and Be It Further Resolved That: This Council requests the Corporation Counsel to include in the letter a request for an inventory of all city owned property and equipment at 161 Vermont or elsewhere in the possession of WSCS ; and Be It Finally Resolved That: This Council requests the Corporation Counsel and the Division of Real Estate to cooperate in quickly preparing and presenting to CEM a five year lease for 161 Vermont Street which includes five one-year renewal options after the first five years and the standard city waiver of rental fees for human service organizations. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 198 By: Mr. Pitts and Mrs. LoTempio City of Buffalo Local Law No. (1996) Introductory No. 7 (1996) A LOCAL LAW amending article six of the Charter of the City of Buffalo in relation to the elimination of the division of employment and training. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That article six of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: (a) By repealing that portion of section eighty-one of article six, reading: (n) Division of employment and training. (b) By repealing that portion of article six, which includes sections one hundred and nine-aa, one hundred and nine-bb, one hundred and nine-cc, and one hundred and nine-dd. Section 2. This local law shall take effect July 1, 1996. APPROVED AS TO FORM Edward D. Peace Corporation Counsel LAID ON THE TABLE. No. 199 By: Ms. Williams SET PUBLIC HEARING Proposed Land Disposition Agreement for a Walnut Street New Housing Project-Regency Homes WHEREAS, Regency Homes 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 a three (3) unit residential new housing project known as Walnut Street New Housing Project; 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 14th day of June l996. 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 25th day of June 1996. ADOPTED No. 200 By: Ms. Williams Public Hearing - Medical Inn of Buffalo Project Section 108 Loan WHEREAS, Section 108 of the Housing and Community Development Act of 1974 authorized the Department of Housing and Urban Development to offer Section 108 loans for community and economic development projects that cannot be financed from annual grants; and WHEREAS, The proposed Medical Inn of Buffalo Project Section 108 Loan requires the approval of the local governing body. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO: 1. That this Common Council will conduct a Public Hearing regarding the Section 108 loan for the Medical Inn of Buffalo Project before the Economic Development Committee on June 19, 1996 at 10:00 a.m. in the Common Council Chambers; and 2. That the City Clerk is hereby directed to publish a notice similar to the attached and marked "Notice of Hearing" in the Buffalo News and the City Record no later than the 12th of June, 1996. ADOPTED. No. 201 By: Mr. Zuchlewski Ordinance Amendment Chapter 216 - Garbage, Rubbish and Refuse The Common Council of the City of Buffalo does hereby ordain as follows: That Section 216-9 of Chapter 216 of the Code of the City of Buffalo be amended to read as follows: 216-9. Deposit of materials prohibited. A. A person shall place, deposit, leave, litter, throw, cast or dump or permit any servant, agent, employee or other person under his control to place, deposit, leave, litter, throw, cast or dump any trash, ashes, broken articles, garbage, junk, refuse or waste material of any kind on any street, public place or on any premises within the City of Buffalo without the consent of the owner or tenant in possession thereof. Nothing in this section shall prohibit the dumping of trash in an authorized municipal dumping ground. B. The owner, operator, registrant and any occupants of a vehicle used to dump illegally shall be jointly and severally liable for placing, depositing, leaving, littering, throwing, casting or dumping any trash, ashes, broken article, garbage, junk, refuse, or waste material of any kind on any street, public place or on any premises within the City of Buffalo without the consent of the owner or tenant in possession thereof and shall be jointly and severally liable for the penalties imposed pursuant to the Article. APPROVED AS TO FORM Edward D. Peace Corporation Counsel NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION No. 202 By: Mr. Zuchlewski Suburu Buffalo 4 Mile Chase Whereas: organizers of Suburu Buffalo 4 Mile Chase will be sponsoring this race which will be held on Saturday, July 20th, and Whereas: this year marks the 16th annual run, and Whereas: to publicize the event, the Race Director has requested permission to display a banner across Elmwood Avenue from 946 Elmwood Avenue to 951 Elmwood Avenue, and Whereas: the period in which this banner would be on display would be from June 24th through July 20, 1996, and Now, Therefore, Be it Resolved: That the sponsors of the Suburu Buffalo 4 Mile Chase be granted permission to hang a banner on Elmwood Avenue from June 24th through July 20, 1996. PASSED. AYES - 12 NOES - 0 No. 203 By: Mr. Zuchlewski Vendors - Suburu Buffalo 4 Mile Chase Whereas: the organizers of the 16th Suburu Buffalo 4 Mile Chase have requested permission to conduct this annual race on Saturday, July 20th, and Whereas: in the past, there have been problems with various individuals and/or vendors setting up and selling inappropriate wares, and Whereas: through the sale of inappropriate wares, neighborhood merchants suffer adversely from this competition, and Whereas: neighborhood merchants would not be expected to have a permit and would be allowed to sell their goods as they normally would on a daily basis, and Now, Therefore, Be it Resolved: that the area bounded by Forest to St. James and Richmond to Delaware be a designated area in which neighborhood merchants are allowed, as always, to sell their wares and that illegal vendors be prohibited from soliciting during this event. PASSED AYES - 12 NOES - 0 No. 204 By: Mr. Zuchlewski Transfer Block Grant Funds to Elmwood Ave Curb/Sidewalk Bond Fund Be It Resolved: Resolve: transfer $50,000 from North District Block Grant Act.# CD-94-07201 to Elmwood Ave. curb and sidewalk Bond # 200-401-559. PASSED AYES - 12 NOES - 0 No. 205 By Mr. Zuchlewski Felicitations/In Memoriam Felicitation for Calvary Baptist Church Rites To Passage Program By Councilmember Pitts Felicitation for Leo Adamski By Councilmember Franczyk Felicitation for Science & Technology Program By Councilmember Pitts Felicitation for Albert Thompson By Councilmember Pitts In Memoriam for Seymour H. Knox, III By Councilmember Pitts ADOPTED No. 206 By: Mr. Zuchlewski Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31st 1996 , conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Michael L. D'Amico Diane HC Becker Thomas E. Gleed Jean M. Klimczyk Tina Washington-Abubeker Yolanda Quintana H.K. Engelhardt Joan Manias Janice P. Malone Samuel Insalaco Total: 10 ADOPTED No. 207 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: Mary lou Haberer Joseph Conkling Total: 2 ADOPTED UNFINISHED BUSINESS No. 208 Bond Res. $1,739,785- Reconst. Streets No. 184, C.C.P. May 28, 1996 Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Franczyk. Mrs. LoTempio now moved that the above item be approved. Seconded by Mr. Franczyk. PASSED AYES - 12 NOES - 0 No. 209 Bond Res. $1,700,000 - Reconst. Bridges No. 185, C.C.P. May 28, 1996 Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Franczyk. Mrs. LoTempio now moved that the above item be approved. Seconded by Mr. Franczyk. PASSED AYES - 12 NOES - 0 No. 210 Bond Res. $1,500,000 - Neighborhood Redev. No. 186, C.C.P. May 28, 1996 Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Franczyk. Mrs. LoTempio now moved that the above item be approved. Seconded by Mr. Franczyk. PASSED AYES - 12 NOES - 0 No. 211 Bond Res. $ 600,000 - New Fire Station No. 187, C.C.P. May 28, 1996 Mrs. LoTempio moved that the above item be taken from the table. Seconded by Ms. Williams. Mrs. LoTempio now moved that the above item be approved. Seconded by Ms. Williams. PASSED AYES - 12 NOES - 0 No. 212 Bond Res. $ 350,000- Mobile Data Equip. No. 188, C.C.P. May 28, 1996 Mrs. LoTempio moved that the above item be taken from the table. Seconded by Ms. Williams. Mrs. LoTempio now moved that the above item be approved. Seconded by Ms. Williams. PASSED AYES - 12 NOES - 0 No. 213 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 Committee Tues, June 18, 9:30 A.M. Finance Committee Tues, June 18, - following Civil Legislation Committee Tues, June 18, 2 P.M. Community Dev. Comm. Wed, June 19, 10 A.M. Committee on Education Wed, June 19, 2 P.M. Ancillary Meetings Claims Committee Meeting Tuesday, June 18, 9 A.M. Police Reorganization Wed, June 19, 11 A.M., Rm 1417 No. 214 Adjournment On a motion by Mrs. LoTempio, Seconded by Mr. Czajka, the Council adjourned at 4:07 P.M. CHARLES L. MICHAUX, III CITY CLERK