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Home My WebLink About96-0903 No. 16 Common Council Proceedings of the City of Buffalo Regular Meeting, September 3, 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, September 3, 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, the minutes of the Stated Meeting held July 23, 1996 and the Special Meeting held August 9, 1996 were approved. FROM THE MAYOR No. 1 Appointment of Member to the Buffalo Preservation Board Pursuant to the powers vested in me by Article II, Section 337.3, Part II of the Code of the City of Buffalo, I hereby appointment Mark Goldman, residing at 351 Lincoln Pkwy., Buffalo 14216 for a term commencing immediately and will expire August 31, 1997. Mr. Goldman is filling the unexpired term of Jayne K. Rand who has resigned. Mark Goldman, Buffalo Historian, is owner of The Calumet Cafe and Civic Leader with a vision for the City's Historic District. I hereby certify that the above named individual is fully qualified to serve as member of the Buffalo Preservation Board. REFERRED TO THE COMMITTEE ON LEGISLATION No. 2 Appt. Metropolitan Archives Research Center Task Force In response to Resolution #203 (March 19, 1996), I hereby appoint David F. Granville as my representative to the Metropolitan Archives Research Center Task Force. Mr. Granville presently serves as my designee to the Records Management Advisory Board. I thank you for your attention to this matter. RECEIVED AND FILED No. 3 Rename Portion of Main Street - Seymour H. Knox, III Plaza Seymour H. Knox, III, the late owner of the Buffalo Sabres, will long be remembered as the driving force in acquiring a National Hockey League franchise for the City of Buffalo and ensuring that Sabres organization remained in his home town. In a time when loyalty to a community is a very unique characteristic for owners of professional franchises, the Knoxes stood tall in their commitment to this area by doing everything possible so that their Buffalo Franchise could compete in the world of professional sports. The continued commitment of Seymour H. Knox, III in providing a solid, stable environment in which his beloved hockey team could flourish, has culminated in the construction of the Marine Midland Arena, a new state-of-the-art complex which will not only serve as a great facility for watching professional and amateur sporting events, concerts, and other entertainment performances, but also be a great addition to our waterfront and the catalyst for future development and enterprise. Unfortunately, Mr. Knox will not be able to see his dream come true when the Marine Midland Arena opens in September. It is certain, however, that his spirit and presence will be felt for decades to come, due to his tireless efforts on behalf of the Buffalo Sabres, his persistence and perseverance in making the arena a reality, and his continuous commitment to the community which he loved. As a gesture of appreciation and to ensure that his efforts will not be forgotten, it is fitting for the City of Buffalo to pay special tribute to Seymour H. Knox, III for all he has done for this area. Pursuant to Chapter 286 of the Code of the City of Buffalo, I am therefore respectfully requesting that your Honorable Body rename Main Street, from Scott Street to South Park Avenue, Seymour H. Knox, III Plaza in tribute to the man who gave so much to make the Marine Midland Arena a reality and for all of his contributions to the city he loved. In addition, I request that the City Clerk advertise for a Public Hearing to be held at the September 17, 1996 Common Council meeting as required by the procedure for renaming a city street. I would further request that your Honorable Body approve this action at the September 17, 1996 meeting so that the Street will be renamed in time for the first scheduled event in the new Marine Midland Arena on September 21, 1996. Thank you for your consideration. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 4 Gelinmac Storage Negative Declaration Use 20 Buffalo River for Animal Feed Manufacturing Item No. 90, C.C.P., 2/6/96 Pursuant to your request, I have reviewed the attached Draft Negative Declaration for the matter captioned above and recommend that it be adopted by your Honorable Body. I further recommend that, pursuant to SEQR, your Honorable Body assume the role of lead agency. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE PRESERVATION BOARD No. 5 Rail Plan - Cobblestone Historic District Res. No. 186, C.C.P., 7/23/96 In reference to the above captioned item, the Buffalo Preservation Board request your Honorable Body table this item until Tuesday, September 17, 1996 Common Council meeting in order to afford the Board the opportunity to review and respond to your request. If you should have any questions, you may contact Thomas W. Marchese, Board Secretary at 851-5029. RECEIVED AND FILED COMMISSION ON HUMAN RELATIONS No. 6 Report Enclosed are four (4) copies of The City of Buffalo's Commission on Human Relations Investigation Report on the Racial Intolerance Complaint against The Buffalo College. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMPTROLLER No. 7 Certificate Of Necessity Transfer of Funds Department of Audit and Control We, Anthony A. 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 $500.00 be transferred and reappropriated within the Department of Audit and Control, as set forth below. Dated: Buffalo, NY August 1, 1996 RECEIVED AND FILED No. 8 Certificate of Necessity Transfer of Funds Community Development - Bond Funds We, Anthony A. 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 $20,000 be transferred and reappropriated from the Department of Community Development Capital Projects Fund, as set forth below. The amount to be transferred represents an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY August 1, 1996 RECEIVED AND FILED No. 9 Certificate of Necessity Transfer of Funds Mayor & Executive - Division of Planning Human Services, Parks & Recreation We, Anthony A. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $75,579 be transferred and reappropriated from the Mayor & Executive and the Division of Planning, as set forth below: Dated: Buffalo, NY August 2, 1996 RECEIVED AN FILED No. 10 Certificate of Necessity Transfer of Funds Mayor & Executive - Zoning Board of Appeals We Anthony A. 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 $300 be transferred and reappropriated from the Mayor & Executive, Zoning Board of Appeals, as set forth below: Dated: Buffalo, NY August 28,1996 RECEIVED AND FILED No. 11 Certificate of Necessity Transfer of Funds Division of Purchase - Exempt Items Division of Inventory and Stores - Exempt items We, Anthony A. 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 $2,255.00 be transferred and reappropriated within the Department of General Services, as set forth below: Dated: Buffalo, NY August 19, 1996 RECEIVED AND FILED No. 12 Interfund Loans - 620 Trust & Agency 506-321-00-000 Certain federal and state aided programs require cash advances until the program is operating and reimbursement is received. I have reviewed the program listed below and determined that cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount listed below as needed, subject to your approval. Loan is payable at date of reimbursement. From To Grant Repayment Date Total 100 General620-506-321-00-000 September 1997 $4,063.00 Title DCJS - Planning and Administration Grant Mrs. LoTempio moved: That the communication from the Comptroller, dated August 1, 1996, be received and filed; and That the Comptroller be, and he hereby is, authorized to make an interfund cash loan from the General Fund to the DCJS Planning and Administration Grant in the amount of $4,063.00. The loan is payable at date of reimbursement. PASSED AYES - 13 NOES - 0 No. 13 Audited Financial Statements and Other Financial Information City of Buffalo Enterprise Fund - Stadium (North AmeriCare Park) This is to advise that copies of the Audited Financial Statements and Other Financial Information of the City of Buffalo Enterprise Fund - Stadium (North AmeriCare Park) for the period beginning April 1, 1995 and ending March 31, 1996 have been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor and the Budget Office. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons. REFERRED TO THE COMMITTEE ON FINANCE No. 14 Audited Financial Statements Enterprise Fund Attached herewith please find four copies of the Audited Financial Statements and Other Financial Information for the City of Buffalo Enterprise Fund - Stadium (North AmeriCare Park) for the fiscal years ended March 31, 1995 and 1996 with the Report of the Independent Auditors. This Report was compiled by Ernst & Young, LLP. REFERRED TO THE COMMITTEE ON FINANCE No. 15 Single Audit Of Federal, State and Local Financial Assistance Programs Received by City of Buffalo Fiscal Year Ending June 30, 1995 This is to advise that a copy of the single audit of federal, state and local financial assistance programs received by the City of Buffalo for the fiscal year ending June 30, 1995 has been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor and the Budget Office. Pursuant to amendments of Section 35 of the General Municipal Law, which took effect January 1, 1989, Your Honorable Body may, in its discretion, provide to the State Comptroller and file with the City Clerk a written response to the findings and recommendations in this report no later than ninety days after its receipt, or September 22, 1996. REFERRED TO THE COMMITTEE ON FINANCE No. 16 Additional Info - Federal Financial Assistance Attached herewith please find a copy of the Additional Information on Federal Financial Assistance, more commonly referred to as the annual "single audit" of federal, state and local financial assistance grant programs administered during the period July 1, 1995 through June 30, 1995, This report includes the City of Buffalo, the Buffalo Board of Education and the Buffalo Urban Renewal Agency. This report was prepared by Ernst & Young LLP, Deloitte & Touche LLP and Conway Porter, C.P.A., P.C. respectively in accordance with the Federal Single Audit Act of 1984. REFERRED TO THE COMMITTEE ON FINANCE No. 17 Report of Audit Department Of Public Works Refuse Contracts In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Department of Public Works, Refuse Contracts, audit report for the period July 1, 1995 to June 30, 1996. Our audit reveals that fiscal year 1995-96 had a less than 1% increase in refuse tonnage and a net decrease in total cost of approximately 17.5% when compared to the 1994-95 fiscal period. The total contract savings equated to $1,464.320.28, or, $8.13 per ton from the net 1994-95 totals. REFERRED TO THE COMMITTEE ON FINANCE No. 18 Result of Negotiations 1149 Jefferson Avenue, 210' N Dodge Vacant Lot: 30' x 134' Assessed Valuation: $3,000 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Raynard Harper, Harper's Auto Service, Inc., 1147 Jefferson Avenue, Buffalo, New York 14208, to purchase the above captioned property. Mr. Harper intends to use this property, which is adjacent to his business, for the expansion of his business. The Department of Community Development and the Division of Collections have been contacted and they have no objection to the sale. There are no outstanding taxes or liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Mr. Thomas L. Evege, Appraiser, 1600 Jefferson Avenue, Buffalo, New York 14208. He has estimated the fair market value of the property to be Twelve Hundred Dollars ($1,200.00). This represents approximately Forty Dollars a front foot for the parcel. The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range between Thirty Dollars a front foot to Forty Dollars a front foot. The results of our negotiations are that Mr. Harper has offered and is prepared to pay Nine Hundred Dollars ($900.00) for the subject property. This represents an offer of Thirty Dollars a front foot for the subject parcel. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description, Although the offer of Nine Hundred Dollars ($900.00) is less than the appraised value, I am recommending that Your Honorable Body approve the sale to Mr. Harper, since the property has been in City inventory since 1974 and there have been no other serious offers for the property. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE No. 19 Result of Negotiations 607 Sycamore, 34.50' W Johnson Single Home - Lot Size: 25' x 80' Assessed Valuation: Land - $1,100 Total - $16,200 The Comptroller's Office, Division of Real Estate, has received a request from Ms. Geraldine Myles to purchase the above mentioned property. The property consists of a one-half story single family home occupied by Geraldine Myles. Ms. Myles has been residing in the home as a tenant for many years. The City of Buffalo acquired title in September of 1995 through in rem tax foreclosure. Over the years and up until the present time Ms. Myles has been making improvements to the heating, plumbing and repairs at property at her own expense while living there and now wishes to purchase the property. An independent appraisal of the property was conducted by Able Appraisal Associates, Dennis R. Walker, Appraiser. He has estimated the fair market value of the property to be Nine Thousand Dollars ($9,000). The value includes the repairs and renovations that have been made by Ms. Myles over the last few years. The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Ms. Myles has offered and is prepared to pay Five Thousand Dollars ($5,000) for the subject property. 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 607 Sycamore Avenue to Ms. Geraldine Myles in the amount of Five Thousand Dollars ($5,000), which is below the appraised value of Nine Thousand Dollars ($9,000). In the interest of fairness the difference of Four Thousand Dollars ($4,000) represents the amount invested by Ms. Myles over the last few years for repairs and upkeep of the property. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE No. 20 Conveyance of Properties Acquired by the County of Erie in In Rem No. 152 Recordation This is to inform you that the County is on the verge of presenting a quitclaim deed for recordation conveying several parcels, which it acquired in County In Rem No. 152, to the City of Buffalo. The City of Buffalo did not purchase these parcels from the County. The City of Buffalo does not consent to the transfers and will not accept title to these properties. In the past, the County of Erie had made this conveyance pursuant to the terms of an agreement between the County of Erie, The City of Buffalo and the Buffalo Sewer Authority entered into on August 27, 1985. (The Tri-Party Agreement.) This agreement expired in 1989 and it cannot be relied upon by the County. All attempts to renew the agreement have proved unsuccessful. Thus, I am requesting that you do not accept any deed presented for recordation by the County attempting to convey title to the parcels it acquired through its County In Rem No. 152 tax foreclosure sale held on June 4, 1996. The City will not sign nor complete the certification portion of the Real Property Transfer Report Form (EA-5217). Moreover, I have been informed by our Law Department that the Real Property and Real Property Tax laws prohibit the recordation of these documents when they are not properly signed, certified or acknowledged. A fundamental aspect of real property transaction is that there must be delivery and acceptance. The City does not consent to the conveyance of these properties from the County. There is no acceptance and therefore no proper conveyance of title. Thus, there can be no proper recordation. Thank you for your anticipated cooperation in this matter. REFERRED TO THE COMMITTEE ON FINANCE No. 21 Response to Item No. 191, C.C.P. 7/23/96 Increased Penalties Regarding City Housing Property Item No. 191, C.C.P., 7/23/96 The above mentioned item has been forwarded to the Department of Community Development, commissioner of Police Mayor's Impact Team and to this office for a response. The item is a resolution requesting that the Law Department prepare an ordinance amendment requiring that all vacant city-owned housing properties be clearly identified and signage posted warning the public about the penalties for abuse, theft, misuse or destruction of city property. The item also speaks about the number of city-owned vacant homes and the vandalism and illegal use of these properties for drug and prostitution activity. First of all, I agree that additional signage warning trespassers about the penalties for vandalism and illegal use is a good idea. I have requested the Director of Real Estate to obtain estimates for the cost of these signs. After the estimates are obtained, to have the signs produced, funds will have to be identified. There are approximately 270 improved properties currently in the city inventory, many with tenants residing in them. Over half of these improved properties are vacant and in deplorable condition. Estimates are being prepared for the demolition of these properties. There are an additional 100 improved properties that the County of Erie anticipates turning over to the City from the June 3rd In-Rem Tax Foreclosure Auction. You may already be aware, the Masiello Administration is opposed to the City taking title to any new properties from the County of Erie until a new Tri-Party Agreement is reached between the City of Buffalo, County of Erie and the Buffalo Sewer Authority. Division of Real Estate staff is currently inspecting and reviewing these properties to determine the status of each property i.e. vacant or occupied, condition, etc., prior to taking title from the County of Erie. As I have informed Your Honorable Body in the past, the growing number of properties in the City's inventory has been creating a substantial burden on the Division of Real Estate's staff and resources to manage and dispose of these properties. Secondly, the Division of Real Estate staff is not aware of wide spread use of any of it's properties for drug or prostitution activity. Any time a complaint about such activity is received appropriate authorities are contacted and proper action has been taken. There has been three such incidents in the last two years. Finally, vandalism has been and continues to be a costly problem for the City. Our maintenance personnel are constantly responding to repair complaints and reboarding properties that have been broken into, stripped and damaged. In 1994 maintenance personnel responded to over 1900 calls and in 1995 responded to over 2800 calls. Unfortunately, many of the complaints about vandalism are received after the fact, sometimes several days after the vandalism has occurred. It has been our experience that neighbors are sometimes reluctant to call authorities when they witness vandals entering a vacant city property. They are afraid of retaliation. I hope the above information will assist Your Honorable Body in your deliberations on this matter. REFERRED TO THE COMMITTEE ON FINANCE No. 22 Renew Lease Agreement Between the City Of Buffalo and Catholic Charities Use of Room 24 at Former School 29 Item No. 416, C.C.P., 5/3/94 In the above referenced item, your Honorable Body authorized the leasing of Room 24 at former School 29 to the Catholic Charities Of Buffalo, New York. This lease renewal agreement was for a one 1 year period commencing July 1, 1994 and ending June 30, 1995. This office has received a request from Catholic Charities of Buffalo to renew said lease for a five year period. The lessee has fully satisfied and has complied with all other provisions and terms of the lease. This office recommends Your Honorable Body approve the Catholic Charities of Buffalo to renew their lease for a five year period, commencing July 1, 1994 to June 30, 2000. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary lease renewal and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the communication from the Comptroller, dated August 28, 1996, be received and filed: and That the Comptroller be, and he hereby is, authorized to renew a lease agreement between the City of Buffalo and Catholic Charities of Buffalo, New York, for use of Room 24 at former School 29, for a five (5) year period commencing July 4, 1994 to expire June 30, 2000. That the Corporation Counsel shall be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED AYES - 13 NOES - 0 No. 23 Lease Renewal City of Buffalo and Rainbow Day Care Center Use Of Various Rooms at Former School 29 Item No. 14, C.C.P. April 27, 1993 In the above referenced Item, Your Honorable Body authorized the lease agreement between the City of Buffalo and Rainbow Day Care Center for use of various rooms at former School 29. This office has received a request from Judith and Patricia McDermott of Rainbow Day Care Center to renew said lease for a three year period under the same terms and conditions as the previous lease agreement. The lessee has fully satisfied and has complied with all provisions and terms of the lease. The lease renewal will be for the period of June 1, 1996 to May 31, 1999. The monthly rental fee will be $750. This office recommends Your Honorable Body approve Rainbow Day Care Center's request to renew their lease for another three year term. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary lease renewal and that the Mayor be authorized to execute the same. Mrs.LoTempio moved: That the communication from the Comptroller, dated August 28, 1996, be received and filed; and That the Comptroller be, and he hereby is, authorized to renew a lease agreement between the City of Buffalo and Rainbow Day Care Center, for use of various rooms at former School 29, for a three (3) year period commencing June 1, 1996 to expire May 31, 1999; the monthly rental fee will be $750.00. That the Corporation Counsel shall be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED AYES - 13 NOES - 0 No. 24 Lease/Purchase - Street Sanitation & Data Processing Item No. 68, C.C.P., 9/9/95 By virtue of the above referenced CCP, Your Honorable Body approved the trade-in of ten (10) pieces of used dump trucks and front-end loaders to reduce the cost of acquisition of ten (10) John Deere 554G Integrated Tool Carriers for use by the Department of Street Sanitation. The trade-in allowance was $12,000 per unit for a total down payment amount of $120,000, thereby reducing the amount to be financed from the low qualified bid price of $869,460 to $749,460. Numerous requests for quotes resulted in a range of quotes ranging from 5.58% to 6.55%, with the low responsible bid having been received from Associates Commercial Corporation of Irving, Texas. This firm had also been the successful bidder on our last issue involving computer equipment. Subsequent to the above, the Division of Data Processing, as part of a 5-year computer upgrade for various City departments, previously approved by Your Honorable Body, requested funding for $799,000 through lease-purchase, for rewiring of City Hall, installation of voice mail, data base system expandable to other City departments and 15 Personal Computers to replace obsolete equipment. Quotes were received and the low responsible quote was 5.54% from Municipal Leasing Consultants, brokers from Troy, New York. Considering that Associates Commercial was successful on the previous two deals and that all the technical and legal documentation was agreed upon by both our own Corporation Counsel and the lawyers for the lender, it was decided that we attempt to request both firms listed above to approach this as a joint venture if terms were at least equal to, or in the best case, better than the established quote of 5.54%. We are pleased to announce that this has been accomplished and the rate now presented for your approval is 5.46%. This represents a savings of 8 and 12 basis points respectfully and assures a timely closing date for this transaction. It also simplifies our own internal payment and reporting obligations and presents what we hope will be future opportunities for economies of scale. Savings over the five year life of both issues is approximately $5,000 to $6,000. It is, therefore, respectfully requested that this transaction be approved at the September 3, 1996 meeting so as to allow for the earliest delivery to the Department of Street Sanitation and the Division of Data Processing. Mrs. LoTempio moved: That the Director of the Division of Data Processing be and he hereby is authorized to proceed with the lease/purchasing of various equipment with Associates Commercial Corporation from the Department of Street Sanitation. PASSED AYES - 13 NOES - 0 FROM THE PRESIDENT OF THE COUNCIL No. 25 Appt. Member - Rental Asst. Bd. of Directors I am appointing Ms. Alicia De Augello to the Rental Assistance Board of Directors. As you will see from her resume Ms. De Augello has extensive experience working with housing programs and is an active member of the Habitat for Humanity of Buffalo. Ms. De Augello will indeed be an asset to the Board of the Rental Assistance Corporation. RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT No. 26 Tax Cancellation 1996-1997 Adjustments on the General City Tax for 1996-97 were made on the following properties (list attached) to provide for changes due to omitted or incorrect exemptions and assessment errors. I therefore, request that a warrant be drawn on 81-2 General City Charges, 000-00-802 Tax Adjustment Fund, in favor of the City for the taxes indicated on the attached list in the amount of $78,469.08. Mrs. LoTempio moved: That the communication from the Department of Assessment, dated August 12, 1996, be received and filed; and That the Comptroller be, and he hereby is, authorized to prepare a warrant to be drawn on 81-2 General City Charges, 000-00-802 Tax Adjustment Fund, in favor of the City for the taxes indicated on the above-mentioned list in the amount of $78,469.08. PASSED AYES - 13 NOES - 0 No. 27 Certiorari Proceedings 666 and 668 Amherst Street Labrador Building Systems Fiscal Years 1993-94 through 1996-97 This is to advise that the owner, Labrador Building Systems, Inc., instituted certiorari proceedings on 666 Amherst Street and 668 Amherst Street, Buffalo, New York, regarding the assessments for the fiscal years 1993-94 through 1996-97. The assessments were reviewed by this department and the owner expressed a willingness to settle the proceedings. The final assessment on 666 Amherst Street for each of the fiscal years was $57,000. The owner is agreeable to a settlement which would result in a reduction to $46,000 for the fiscal years 1994-95, 1995-96 and 1996-97. The owner would discontinue the 1993-94 proceeding. The amount of City taxes due (homestead) for 1996-97 on a $57,000 assessment is $1,092.96. The amount due on the reduced assessment of $46,000 would be $882.04, which is $210.92 less. The final assessment on 668 Amherst Street was $63,800 for each of the fiscal years in question. The owner is agreeable to a settlement which would result in a reduction to $48,000 for fiscal years 1994-95 through 1996-97. The owner would discontinue the 1993-94 proceeding. The amount of City taxes due (non-homestead) for 1996-97 on an assessment of $63,800 is $2,335.48. The amount due on a reduced assessment of $48,000 would be $1,757.11, for a reduction in taxes of $578.37. Based on a review of the current market value of the property, I believe this settlement to be in the best interest of the City. I recommend, therefore, this settlement, in which the Department of Law concurs. I hereby request that the Corporation Counsel be authorized to settle the 1994-95, 1995-96 and 1996-97 tax certiorari proceedings on 666 Amherst Street by reducing the assessment for each year in question from $57,000 to $46,000, and to settle the proceedings for the same years on 668 Amherst Street by reducing the assessment for each year from $63,800 to $48,000. REFERRED TO THE COMMITTEE ON FINANCE No. 28 Forgive Grass Cut Fee 389 High Street Res. 216, C.C.P., 7/23/96 The above item was referred to this office for a response. The facts are as follows: On March 3, 1992, Item 127, the Common Council approved the assessment for the cost of cutting grass and weeds of properties, including 389 High, by the Department of Street Sanitation. According to our records, on July 13, 1992, the Department of Assessment notified The House of God Church of the grass cutting charge. Pursuant to section 559 of the City Charter the notice was mailed to 393 High Street, Buffalo, NY. Since the church did not respond or object to the charge, we issued a local assessment bill for $50.00 on September 21, 1992, pursuant to Section 574 of the City Charter and mailed the bill to 393 High, Buffalo, NY. The church failed to pay the assessment as required by Section 574. Therefore, the cost including interest was applied to the first half of the 1993-94 city tax, pursuant to section 590 and 591 of the City Charter. A further review of our records indicates that a request was made on November 18, 1994, to change the mailing address and forward the real property tax and sewer rent bill for 387 and 389-393 High to 104 French Street, Buffalo, NY, c/o Dea. Elaine Miles. On June 24, 1996, we received a correction to change the street number from 104 French to 304 French. Please be advised the parcel assessed as 389 High is scheduled to be foreclosed by the City of Buffalo on Monday, October 7, 1996. REFERRED TO THE COMMITTEE ON FIANCE No. 29 Refund Foreclosure Fee 104 Ashley Item No. 189, C.C.P., 7/23/96 The above item was referred to this office for a response. The following are the events which occurred regarding this matter: Mr. & Mrs. Cieszynski have owned the above referenced property since March 29, 1979. City taxes have never been paid in a timely fashion and have been in arrears going back to the 1979-80 tax year. Tax arrears notices were sent out November 14, 1995, and January 12, 1996, regarding the 1993-94 tax year which indicated that if not paid by February 28, 1996, a $400 Foreclosure Fee would have to be paid as well as all three years of taxes to redeem from In Rem Action #30. Upon contacting our Department in January 1996, a recommendation was made regarding a loan program offered by Erie County Department of Social Services and the phone number was referred to the Cieszynski's. The Cieszynski's obtained figures with interest good until January 31, 1996, for the tax years of 93-94 and 94-95 in the amount of $1,862.69 which was correct and made arrangements with the Social Services Department at Erie County. The Department of Assessment received a voucher from the Erie County Department of Social Services with a date of issue of February 15, 1996, although the envelope carried a postmark date of March 11, 1996, and was not brought to the attention of Rachelle Malek, Associate Tax Clerk, until the first week of April 1996. The voucher requested our authorization to accept payment in the amount of $1,862.69 which was no longer valid after January 31, 1996. The In Rem 30 Foreclosure List had already been filed which now necessitated payment of all three years of taxes owing plus the $400.00 foreclosure fee to redeem from sale. Rachelle Malek called Social Services, spoke with Voucher Audit Clerks, Paula and Sally; the Caseworker, Joseph Ralabate; and the Caseworker's Supervisor, Joseph Kugler, to advise of the correct amount owing in an attempt to resolve the situation. After being informed that the owner must make up the difference or make new loan arrangements with the Social Services Caseworker, Ms. Malek called the owner to advise. Mrs. Cieszynski was quite upset and wanted the Foreclosure Fee waived. She was informed this was not possible and reminded of the previous taxpayer notices which were sent advising of the February 28, 1996, deadline to pay the 1993-94 taxes before the Foreclosure List was filed. Although the owner had made arrangements with Social Services in January 1996 to secure a loan, it is still the responsibility of the taxpayer to make sure the tax gets paid by the deadline. Mr. Cieszynski came in May 8, 1996, to obtain a new printout with tax figures owing for the months of May and June 1996. Social Services issued a new loan amount to Mr. Cieszynski and a new voucher was sent with a date of issue of May 15, 1996. The Voucher was approved and returned May 17, 1996, and a check was received May 23, 1996. Payment of all taxes and the Foreclosure Fee was processed and the parcel was removed from Foreclosure Action. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS No. 30 Appointment -- City Engineer I have appointed Mr. Daniel E. Kreuz, 257 Bedford Avenue, Buffalo, NY 14216, to the position of City Engineer in the Department of Public Works. Mr. Kreuz is a New York State Licensed Professional Engineer and has engaged in the practice of Civil Engineering for 18 years. He has held the position of Traffic Engineer in this department for 10 years and has held the position of Staff Engineer for Community Development/BURA for the past 8 years. I certify that Mr. Kreuz meets all of the requirements of this position as required by Article 10, Section 177 of the Charter. The salary for this position is $59,000. This appointment is effective July 22, 1996. RECEIVED AND FILED No. 31 Bond Cancellation 252 Delaware Avenue It is hereby certified that the bond described below be canceled: Principal: 252 Delaware Avenue, Inc. D/B/A The Shebeen Surety: The Aetna Casualty and Surety Company Amount: $5,000.00 Structure: Sidewalk Cafe Location: 252 Delaware Avenue This bond is no longer necessary due to the fact a certificate of insurance has been provided in lieu of said bond. The above captioned bond should be deemed released and canceled as to future liability in accordance with the provisions of the City ordinances. RECEIVED AND FILED No. 32 Notification Serial #8685 Repeal of Permissive Parking on Clinton Street South side between Metcalfe Street and New Babcock Street PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING PERIOD OF PERMISSIVE LOCATION PARKING - DAILY Clinton Street, north side 1 hour parking between Metcalfe Street 10:00 am to 4:00 pm and New Babcock Street This action is being taken on behalf of businesses in this area. They have requested less restrictive on-street parking ordinances in order to assist customer parking. (See next 2 serials) Notification Serial #8686 Repeal No Standing on Clinton Street North side from Metcalfe Street to New Babcock Street NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION PROHIBITED PERIOD - DAILY OF HIGHWAY Clinton Street, north side 7:00 am to 10:00 am from Metcalfe Street and to New Babcock Street 4:00 pm to 7:00 am This action is being taken on behalf of businesses in this area. They have requested less restrictive on-street parking ordinances in order to assist customer parking. (See previous and next serial) Notification Serial #8687 Install Permissive Parking on Clinton Street North side between Lewis Street and Clemo Street PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PERMISSIVE PARKING PERIOD OF PERMISSIVE LOCATION PARKING - DAILY Clinton Street, north side 2 hour parking between Lewis Street 7:00 am to 7:00 pm and Clemo Street except Sunday This action is being taken on behalf of businesses in this area. They have requested less restrictive on-street parking ordinances in order to assist customer parking. (See 2 previous serials) Notification Serial #8688 Truck Route Deletions Various Locations TRUCK ROUTE - DELETIONS 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 an 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 Subsection 2 of Section 40 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by deleting therefrom the following: TRUCK ROUTE SYSTEM 1. Pembroke Avenue between Grider Street and (New) Boulevard 2. Warwick Avenue between Grider Street and (New) Boulevard are hereby deleted from the City Truck Route System. Notification Serial #8689 Repeal Permissive Parking on Walden Avenue South side between Bailey Avenue and a point 125' west of the east curbline of Academy Road PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the-City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING PERIOD OF PERMISSIVE LOCATION PARKING - DAILY Walden Avenue, south side 1 hour parking from Bailey Avenue 7:00 a.m. to 4:00 p.m. to a point 125' west of the except Sunday east curbline of Academy Road This action is being taken to allow additional on-street parking along Walden Avenue. (See next 3 serials) Notification Serial #8690 Repeal No Standing on Walden Avenue South side between Bailey Avenue and a point 125' west of the east curbline of Academy Road NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION PROHIBITED PERIOD - DAILY OF HIGHWAY Walden Avenue, south side 4: 00 pm to 6: 00 pm from Bailey Avenue except Saturday and Sunday to a point 125' west of the east curbline of Academy Road This action is being taken to allow additional on-street parking along Walden Avenue. (See previous and next 2 serials) Notification Serial #8691 Repeal Permissive Parking on Walden Avenue South side from the east drive of Academy Road to a point 130' west of the east curbline of Poplar Avenue PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING PERIOD OF PERMISSIVE LOCATION PARKING - DAILY Walden Avenue, south side 1 hour parking from the east drive of 7:00 am to 4:00 pm Academy Road to a point except Sunday 130' west of the east curbline of Poplar Avenue This action is being taken to allow additional on-street parking along Walden Avenue. (See previous 2 and next serial) Notification Serial #8692 Repeal No Standing on Walden Avenue South Side from the East Drive of Academy Road to a point 130' West Of the east curbline of Poplar Avenue NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION PROHIBITED PERIOD - DAILY OF HIGHWAY Walden Avenue, south side 4:00 pm to 6:00 pm from the east drive of except Saturday and Sunday Academy Road to a point 130' west of the east curbline of Poplar Avenue This action is being taken to allow additional on-street parking along Walden Avenue. (See previous 3 serials) Notification Serial #8693 Repeal No Left Turn on Parkside Avenue Northbound at Jewett Parkway REGULATION OF TURNS - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 37 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: REGULATION OF TURNS STREET AT HRS DIR PROHIBIT Parkside Jewett Daily Northbound No Left Turn 4-6 p.m. except Sat & Sun This change is being made in order to better accommodate "peak hour" traffic flow and in conjunction with modifications to "peak hour" parking restrictions for the Parkside Signalization Project. (See next serial) Notification Serial #8694 Install No Left Turn on Parkside Avenue Northbound at Jewett Parkway REGULATION OF TURNS - 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 Section 37 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: REGULATION OF TURNS STREET AT HRS DIR PROHIBIT Parkside Jewett Daily Northbound No Left Turn 3-6 p.m. except Sat & Sun This change is being made in order to better accommodate "peak hour" traffic flow and in conjunction with modifications to "peak hour" parking restrictions for the Parkside Signalization Project. (See previous serial) Notification Serial #8695 Install Stop Signs (All-Way) Masten Avenue at Northland 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 to be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Masten Avenue Northland Avenue Notification Serial #8696 Install Stop Signs (All-Way) Merrimac Street at Bruce Street STOP SIGNS (ALL WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section II of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Merrimac Street Bruce Street REFERRED TO THE COMMITTEE ON LEGISLATION No. 33 Report of Bids Squaw Island - Phase I Landfill Closure Contract 1 Item No. 131, C.C.P., 10/31/95 I advertised on July 16, 1996 and received the following sealed proposals which were publicly opened and read on August 14, 1996: TAB SHEET SQUAW ISLAND - PHASE I - LANDFILL CLOSURE Modern Environmental Group, Inc. $2,191,900.10 Haseley Construction Corp., Inc. $2,375,275.00 Integrated Waste Services$2,583,917.00 B.D.R., Inc. $2,687,444.00 S.L.C. Constructors$2,687,945.00 S.C.C. Contracting, Inc.$4,182,080.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following is the lowest responsible bidder in accordance with the plans and specifications: Modern Environmental Group, Inc.'s bid price: $2,191,900.10 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 Fund No. 200-402-047, Division of Engineering. The total bid for this work was $2,191,900.10. The Engineer's estimate for this work was $3,187,000.00 Mrs. LoTempio moved: That the communication from the Department of Public Works, dated August 21, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Squaw Island - Phase I, Landfill Closure to Modern Environmental Group, Inc. in the amount of $2,191,900.10, the lowest responsible bidder. Funds for this project are available in Fund No. 200-402-047 - Division of Engineering. PASSED AYES - 13 NOES - 0 No. 34 Report of Bids Roof Reconstruction Museum of Natural Sciences MLK Park I advertised for on August 14, 1996 and received the following sealed proposals which were publicly opened and read on August 28, 1996. McGonigle & Hilger $248,476.00 Progressive Roofing $272,000.00 Jemco Roofing Co.$310,500.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that McGonigle & Hilger, in the amount of Two Hundred Forty Eight Thousand Four Hundred Seventy Six and 00/1 00 Dollars ($248,476.00) is the lowest responsible bidders in accordance with the plans and specifications I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work will be available in CPF 200-402-032 - Division of Buildings. Estimate for this work was $300,000.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated August 29, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for roof reconstruction, Museum of Natural Sciences, MLK Park to McGonigle & Hilger in the amount of $248,476.00, the lowest responsible bidder. Funds for this project are available in CPF 200-402-032 - Division of Buildings. PASSED AYES - 13 NOES - 0 No. 35 Report of Bids Wet Well Roof Slab Replacement Project Col. Ward Station, Contract No. 37G & E As authorized by your Honorable Body in Common Council Proceeding No. 129 of April 18, 1995 plans and specifications were prepared and sealed proposals accepted for Wet Well Roof Slab Replacement Project, Colonel Ward Pumping Station, Contract No. 37 G & E. I submit the following report of all bids received which were opened in my office at 11:00 a.m. on August 19, 1996. Contract No. 37G - General Construction Louis P. Ciminelli Construction Company, Inc. 369 Franklin Street Buffalo, New York 14202$500,800.00 Firstrhyme Construction Corp. 3517 Genesee Street Buffalo, New York 14225$695,700.00 John W. Danforth Company 1940 Fillmore Avenue Buffalo, New York 14214$712,200.00 Amherst Construction, Inc. 150 Milton Street Williamsville, New York 14221 $712,700.00 Contract No. 37E - Electrical Construction Industrial Power and Lighting Corp. 201 Seneca Street Buffalo, New York 14210$18,686.00 Ferguson Electric Construction Company 333 Ellicott Street Buffalo, New York 14203$20,800.00 Weydman Electric, Inc. 747 Young Street Tonawanda, New York 14150$31,724.00 I certify that the foregoing is a true and correct statement of all bids received and that Louis P. Ciminelli Construction, Incorporated, 369 Franklin Street, Buffalo, New York is the lowest responsible bidder complying with the plans and specifications for Contract No. 37G - General Construction with their bid of $500,800.00 and Industrial Power & Lighting Corporation, 701 Seneca Street, Buffalo, New York is the lowest responsible bidder complying with the plans and specifications for Contract No. 37E - Electrical Construction with their bid of $18,686.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Louis P. Ciminelli, Incorporated for Contract No. 37G and Industrial Power and Lighting Corporation for Contract No. 37E, the cost thereof for these projects is to be charged to the Division of Water's Capital Project Account, 416-983-502 in the amount of $500,800.00 plus approved unit prices for an additional $50,080.00 for a total encumbrance for Contract No. 37G in the amount of $550,880.00 and a total of $18,686.00 plus approved unit prices for an additional $1,868.60 for a total encumbrance for Contract No. 37E in the amount of $20,554.60. The Engineer's estimate for this project was $600,000.00 for Contract No. 37G, General Construction and $25,000.00 for Contract No. 37E, Electrical Construction. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated August 26, 1996 be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Wet Well Roof Slab Replacement Project Col. Ward Station, Contract No. 37G & E to Louis P. Ciminelli Construction Company, Inc. for Contract No. 37G and Industrial Power and Lighting Corporation for Contract No. 37E, the cost thereof for these project is to be charged to the Division of Water's Capital Project Account, 416-983-502 in the amount of $500,800.00 plus approved unit prices for an additional $50,080.00 for a total encumbrance for Contract No. 37G in the amount of $550,880.00 and a total of $18,686.00 plus approved unit prices for an additional $1,868.60 for a total encumbrance for Contract No. 37E in the amount of $20,554.60. PASSED AYES - 13 NOES - 0 No. 36 Report of Bids Repair to City Curbs 1996/97 Group #404 Item No. 115, C.C.P., 9/19/95 This is to advise your Honorable Body that I have advertised and received bids on August 28, 1996 for Repair to City Curbs 1996/1997. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: M.P.J. Contracting, Inc. $112,743.25 M. Passucci Construction, Inc. $118,756.00* Master's Edge, Inc. $121,760.00 *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is: M.P.J. Contracting, Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #200-401-507-00-000 in an amount of $112,743.25, for a total encumbrance of $112,743.25. The engineer's estimate for this work is $100,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by October 15, 1996. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated August 28, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for repair to city curbs 1996/97, Group #404 to M.P.J. Contracting, Inc. in the amount of $112,743.25, the lowest responsible bidder. Funds for this project are available in Capital Projects Fund 200-401-507-00-000. PASSED AYES - 13 NOES - 0 No. 37 Change in Contract Pool Reconstruction 1996 General Contract Work I hereby submit to Your Honorable Body the following changes for the Pool Reconstruction, Patterson-Stevens, Inc. - C #91852000. 1. Marcite repair at Allison Pool. Add $977.50 2. Concrete repair at Kensington and JFK Pools. Add $3,979.00 3. Caulking of joints at Kensington Pool. Add $64.00 4. Painting of Kensington and JFK Pools. Add $506.25 5. Riverside Pool painting. Add $2,716.00 6. Massachusetts Pool painting. Add $3,073.00 The foregoing change results in a net increase in the contract of Eleven Thousand Three Hundred Fifteen and 75/100 Dollars ($11,315.75). Summary: Original Amount of Contract $32,600.00 Amount of This Change (No. 1) Add $11,315.75 Revised Amount of Contract $43,915.75 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work will be available in B/F 200-402-063 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated July 30, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 1 to Patterson-Stevens, Inc., changes resulting in a net increase in the amount of $11,315.75, as more fully described in the above communication, for work relating to the Pool Reconstruction 1996 at various pool sites, C #91852000. Funds for this project are to be charged to Account No. B/F 200-402-063, Division of Buildings. PASSED AYES - 13 NOES - 0 No. 38 Change in Contract Expansion of Precinct #13 Electrical Construction I hereby submit to Your Honorable Body the following changes for the Expansion of Precinct #13, Warrens Electric - C #91849800. 1. Provide 220 volt service to temporary facilities at Police Radio Tower. Add $3,975.00 The foregoing change results in a net increase in the contract of Three Thousand Nine Hundred Seventy Five and 00/100 Dollars ($3,975.00). Summary: Original Amount of Contract $179,980.00 Amount of This Change (No. 1) Add 3,975.00 Revised Amount of Contract $183,955.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work will be available in B/F 200-402-013 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated July 30, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 1 to Warrens Electric, changes resulting in a net increase in the amount of $3,975.00, as more fully described in the above communication, for work relating to the Expansion of Precinct #13 - Electrical Construction, C #91849800. Funds for this project to be charged to Account No. B/F 200-402-013, Division of Buildings. PASSED AYES - 13 NOES - 0 No. 39 Change in Contract Expansion of Police Pct. #13 General Contract Work I hereby submit to Your Honorable Body the following changes for the Expansion of Police Precinct No. 13, C. Nichter, Inc. - C #91850400. 1. New concrete box culvert storm drainage. Add $44,441.35 2. Relocate existing 6" fire protection line. Add $23,650.00 3. Remove asbestos containing caulking from existing building windows. Add $4,004.00 4. New geo-grid reinforcing fabric parking - drive areasAdd $7,140.60 5. Eliminate structural steel pile anchoring. Deduct $2,275.00 6. Credit for allowance for 60 metal lockers. Deduct $14,400.00 7. Credit for allowance for roof deck repair work. Deduct $5,000.00 The foregoing change results in a net increase in the contract of Fifty Seven Thousand Five Hundred Sixty and 95/100 Dollars ($57,560.95). Summary: Original Amount of Contract $1,490,000.00 Amount of This Change (No. 1) Add 57,560.95 Revised Amount of Contract $1,547,560.95 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect and the Department of Public Works and found to be fair and equitable. Funds for this work are available in B/F 200-402-013 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated August 29, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 1 to C. Nichter, Inc., changes resulting in a net increase in the amount of $57,560.95, as more fully described in the above communication, for work relating to the Expansion of Police Precinct #13 - General Contract Work, Contract #918350400. Funds for this project are to be charged to Account No. B/F 200-402-013, Division of Buildings. PASSED AYES - 13 NOES - 0 No. 40 Change in Contract Ken Bailey Recreation Center I hereby submit to Your Honorable Body the following changes for the Ken-Bailey Recreation Center, Nichter Construction Co., Inc., General Construction - C 91820500. 1. Furnish and install white granules along laps of SBS modified roofing on sloped roof area above gymnasium.Add $626.00 2. Revise hardware for door no. 173. Add $774.00 3. Furnish and install vapor barrier in corridor 123 & 129.Add $562.00 4. Furnish and install rated gypsum drywall enclosures at exposed structural steel. Add $2,121.00 The foregoing change results in a net increase in the contract of Four Thousand Eighty Three and 00/100 Dollars ($4,083.00). Summary: Original Amount of Contract $3,151,000.00 Change Order No. 1, CCP 01/09/96; item 11 Add $87,853.00 Change Order No. 2, CCP 01/23/96; item 22 Add 6,544.00 Change Order No. 3, CCP 02/20/96; item 51 Add 7,416.00 Change Order No. 4, CCP 05/14/96; item 30 Add 737.00 Change Order No. 5, CCP 07/09/96; item 15 Add 15,443.00 Change Order No. 6, CCP 07/23/96; item 39 Add 13,647.00 Amount of This Change (No. 7) Add 4,083.00 Revised Amount of Contract $3,286,723.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect and the Department of Public Works and found to be fair and equitable. Funds for this work will be available in B/F 200-402-022 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated August 29, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 7 to Nichter Construction Co., Inc., changes resulting in a net increase in the amount of $4,083.00, as more fully described in the above communication, for work relating to the Ken Bailey Recreation Center, 2777 Bailey Avenue, Contract #91820500. Funds for this project are to be charged to Account No. B/F 200-402-022, Division of Buildings. PASSED AYES - 13 NOES - 0 No. 41 Change Order No. 1 Filtration Plant Improvements Filter Media Replacement, #8E City Contract No. 91835800 I hereby submit to your Honorable Body the following Change Order No. 1 with Ferguson Electric Construction Company for work relating to Filtration Plant Improvements - Filter Media Replacement, Contract No. 8E, Electrical Construction, City Contract No. 91838000: Work Item No. 2 - Relocate existing and replace additional conduit and cable associated with the Low Lift Pump Station Walkway Bid Item No. 2 includes an allowance of $20,000 for replacement of conduit and cable in kind within the Low Lift Pump Station Walkway. Upon exposing the conduit and cable, and considering its deteriorated condition, it was decided to relocate the conduit and cable onto the wall and replace additional lengths of feed cables and conduit from the main distribution panel to the remote power panels. As work proceeded other unforeseen conditions were discovered that changed the cost of the work. Increase: $12,275.56 New Work Item No. 1 - Remove existing and furnish and install a new Backwash Wastewater Pump Station Control Panel Ferguson Electric Construction Company was requested to replace the existing deteriorated Backwash Wastewater Pump Station Control Panel and relocate the new control panel and existing control equipment to the basement of the head house. Replacement was required because chlorine fumes have deteriorated over time. Increase: $22,186.00 New Work Item No. 2 - Furnish and install three larger sized motor starters in the new Backwash Wastewater Pump Station Control Panel Ferguson Electric Construction Company was requested to furnish and install three larger sized motor starters in three new Backwash Wastewater Pump Station Control Panel. Increase: $362.00 New Work Item No. 3 - Remove existing and furnish and install new lighting in Filter Pipe Gallery No. 2 Ferguson Electric Construction Company was requested to replace the existing dismounted lighting in Filter Pipe Gallery No. 2. The work includes the replacement of existing conduit, wire, lighting fixtures and receptacles with new conduit, wire, fluorescent fixtures, G.F.I. receptacles and three way switches at each end of the pipe gallery. Replacement is required because existing lighting has failed and does not work. Increase: $6,572.00 Costs have been reviewed by the Department of Public Works and found to be fair and equitable. SUMMARY: Original Amount of Contract $27,150.00 Change Order No. 1 - Increase $41,395.56 CURRENT AMOUNT OF CONTRACT $68,545.56 Funds in the amount of $41,395.56 are available in the Division of Water's 416-982-506 Capital Project Fund. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. REFERRED TO THE COMMITTEE ON FINANCE No. 42 Change Order No. 1 Bailey Avenue Watermain Replacement So. Park to McKinley Parkway City Contract No. 91835300 I hereby submit to your Honorable Body the following Change Order No. 1 with E & R General Construction, Inc., for work relating to Bailey Avenue Watermain Replacement - So. Park to McKinley Parkway, City Contract No. 918353000: Work Item No. 02.210 - Unclassified Excavation Contract called for 50 cubic yards; 1,985 cubic yards actually used. Increase: $2,175.00 Work Item No. 03.110 - Select Granular Fill Contract called for 40 cubic yards; 195 cubic yards actually used. Increase: $2,610.00 Work Item No. R05.110 - Replacement of Cement Concrete Base Contract called for 200 cubic yards; 274 cubic yards actually used. Increase: $5,550.00 Work Item No. 05.120 - Metal Reinforcement Contract called for 900 square yards; 1,087 square yards actually used. Increase: $187.00 Work Item No. 09.106 - 6" D.I. Pipe - Class 52 Contract called for 70 linear feet of pipe; 190 linear feet actually used. Increase: $4,560.00 Work Item No. 09.410 - Waterline Pipe Specials Contract called for 5,000 lbs.; 8,875 lbs. actually used. Increase: $3,875.00 Work Item No. 09.504 - Water Valves and boxes - 4" diameter Contract called for one valve and box; none were needed. Decrease: $400.00 Work Item No. 09.506 - Water Valves and boxes - 6" diameter Contract called for three to be used; five were actually needed. Increase: $1,200.00 Work Item No. 09.710 - Corporation Stop/Tap Installed - 3/4" Contract called for two to be used; nine were actually needed. Increase: $3,500.00 Work Item No. 09.720 - Curb Stop Installed - 3/4" Contract called for two to be used; nine were actually needed. Increase: $700.00 Work Item No. 09.730 - 3/4" Water Service Pipe Installed Contract called for 100 linear feet; 137 linear feet were actually installed. Increase: $222.00 Work Item No. 09.732 - 2" Water Service Pipe Installed Contract called for 30 linear feet to be installed; 83 linear feet actually installed. Increase: $424.00 Work Item No. 88.110 - Asphalt Pavement Milling Contract called for 1,800 square yards; 3,100 square yards actually installed. Increase: $3,930.00 Work Item No. 88.130 - Asphalt Pavement Top Coat Contract called for 1,800 square yards; 3,210 square yards actually used. Increase: $6,345.00 The above changes could not be foreseen at the time the contract was let as the new pipe installation required excavation significantly deeper to avoid existing utilities and for interconnections at South Park and McKinley. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. SUMMARY: Original Amount of Contract $239,290.00 Change Order No. 1 - Increase $34,878.00 CURRENT AMOUNT OF CONTRACT $274,168.00 Funds in the amount of $34,878.00 are available in the Division of Water's 416-984-001-00-000 Capital Project Fund. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated August 19, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to issue change order No. 1 to E & R General Construction, Inc. changes resulting in a net increase in the amount of $34,878.00, as more fully described in the above communication, for work relating to the Bailey Avenue Watermain Replacement - South Park to McKinley Parkway, C #91835300. Funds for this project are to be charged to Account No. 416-984-001-00-000 - Capital Project Fund, Division of Water. PASSED AYES - 13 NOES - 0 No. 43 Permission to Engage Consultant Police Reorganization Downtown District I respectfully request Your Honorable Body's permission to engage an Architectural/Engineering consultant to prepare plans and specifications, advertise and receive sealed proposals for the Construction of the New Downtown District Police Precinct at the southeast corner of Main Street and Tupper. Funds for this work will be in Capital Project Fund 200-402-534. Mrs. LoTempio moved: That the communication from the Department of Public Works dated, August 23, 1996 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to prepare plans, specifications and advertise for sealed proposals for the construction of the New Downtown District Police Precinct at the southeast corner of Main Street and Tupper. Funds for this project are available in the Capital Project Fund 200-402-534. PASSED AYES - 13 NOES - 0 No. 44 Engage Services of Consultant Engineer 1120 Seneca Street Project I herein respectfully request that Your Honorable Body authorize me, as Commissioner of Public Works, to engage the services of a Consulting Engineer to prepare plans, specification, contract documents, to receive bids and provide construction inspection for Phase II and Phase III of the 1120 Seneca Street Project (Engineering Garage). Funds for the above project were approved under Item 178 (Capital Budget Amendment - Addition to Capital Program 1996-1997) of the Common Council Proceedings of July 23, 1996 and will be available in Account No. 200-401-507-00-000, Division of Engineering. Mrs. LoTempio moved: That the communication from the Department of Public Works dated, August 27, 1996 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to prepare plans, specification, contract documents, to receive bids and provide construction inspection for Phase II and Phase III of the 1120 Seneca Street Project (Engineering Garage). Funds for this project are available in Account No. 200-401-507-00-000, Division of Engineering. PASSED AYES - 13 NOES - 0 No. 45 Permission to Prepare Plans & Specifications and Advertise for Proposals for the Replacement of Tree Root Damaged Sidewalks - City Wide 1996-97 Group #428 I hereby request permission from Your Honorable Body to Prepare Plans, Specifications and advertise for sealed proposals for Replacement of Tree Root Damaged Sidewalks - City Wide 1996-97 at various locations. Partial funds for this project are available in Division of Engineering Capital Projects Fund #200-401-507-00-000 and the balance of the funding will be available in a future Engineering Bond Account to be identified at a later date. Mrs. LoTempio moved: That the communication from the Department of Public Works dated, August 21, 1996 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to prepare plans, specifications and advertise for sealed proposals for Replacement of Tree Root Damaged Sidewalks - City Wide 1996-97 at various locations. Partial funds for this project are available in Division of Engineering Capital Projects Fund #200-401-507-00-000 and the balance of the funding will be available in a future Engineering Bond Account to be identified at a later date. PASSED AYES - 13 NOES - 0 No. 46 Permission to Prepare Plans & Specifications and Advertise for Proposals for the Repair of Watercuts for the Division of Water - 1996/97 Group #437 I hereby request permission from Your Honorable Body to prepare plans, specifications and advertise for sealed proposals for Repair of Watercuts for the Division of Water 1996-97 at various locations. Funds for this project are available in Water Authority Capital Projects Fund #416-982-505-00-000. Mrs. LoTempio moved: That the communication from the Department of Public Works dated, August 21, 1996 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to prepare plans, specifications and advertise for sealed proposals for Repair of Watercuts for the Division of Water 1996-97 at various locations. Funds for this project are available in Water Authority Capital Projects Fund #416-982-505-00-000. PASSED AYES - 13 NOES - 0 No. 47 Hire Consultant Amherst Street - Grant Street to Elmwood Avenue I hereby request Your Honorable Body's permission to engage the services of a Consultant Engineer to prepare plans, specifications, and receive bids for the following project: Amherst Street - Grant Street to Elmwood Avenue Funds for the construction of this project have been allocated in the 1996-1997 Division of Engineering Capital Budget ($2.1 million). Funds for the design of this project are available from the Reserve for Planning Account (200-061-001-00-000). Mrs. LoTempio moved: That the communication from the Department of Public Works dated, August 8, 1996 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to prepare plans, specifications and receive bids for the following project: Amherst Street - Grant Street to Elmwood Avenue. Funds for the construction of this project have been allocated in the 1996-97 Division of Engineering Capital Budget ($2.1 million). Funds for the design of this project are available from the Reserve for Planning Account (200-061-001-00-000). PASSED AYES - 13 NOES - 0 No. 48 Require Restitution from MPJ Construction Item No. 218, C.C.P., 7/23/96 With reference to the above item, the following is a report from the Department of Public Works: As regards to Sayre Street, the Division of Engineering has recently completed a thorough inspection of the constructed curbs and sidewalks. Some minor problems were discovered, such as concrete covered water service boxes at #83, #91, #93 and #97 Sayre, and some topsoil remedial work at #55 Sayre. The contractor has been directed to complete these repairs as quickly as possible. Other than these minor repairs, the total curb and sidewalk construction was completed in conformance with City specifications. As regards to Churchill Street, This street is the only access MPJ has to the main office and maintenance yard which is located at the northerly end. The problem with dirt spillage and trackage becomes acute during the construction season, and MPJ is well aware that this is a direct violation of city ordinances. The Contractor has assured Public Works that he will intensify his efforts to maintain Churchill Street in a clean condition, with a minimum of twice weekly wet-brooming. The Department of Public Works feels that contractor, MPJ Construction is sincere in its commitment to rectify the aforementioned problems, and this office will keep your Honorable Body informed of his progress. REFERRED TO THE COMMITTEE ON FINANCE No. 49 Reverse Charges of Delinquent Taxes Sidewalk Repair at 2245 Genesee St. on Ellen St. Item No. 87, C.C.P., 7/23/96 In response to the above item, please be advised that records provided by our Sidewalk Section revealed the following: 1. October 9, 1990 - Hazardous condition reported to City Clerk's Office for above referenced location. (Ref. #4715 Box #136) 2. October 10, 1990 - Inspection by Sidewalk Section denoting approximately 12'x50' section of sidewalk deteriorated due to old age and use by owner of building. 3. October 31, 1990 - Standard notification was sent to assessed owner. 4. July 3, 1991 - Standard notification was sent to assessed owner - second notice. 5. September 6, 1991 - Hazardous condition reported to City Clerk for above referenced location (Ref. #4871 Box #137). 6. October 26, 1991 - Sidewalk replaced under City Contract #9632800 - The Construction of Sidewalks 1991-92 by Campobella Construction. The owner of property was assessed the cost and expense thereof in the amount of $4,175.24 with an additional charge of 5% for inspection. 7. Tax office billed owner October 2, 1992. This property contained herein was notified in the appropriate manner and in accordance with the terms of Section 15, Chapter 4 of the City Ordinance. REFERRED TO THE COMMITTEE ON FINANCE No. 50 Request Repair Sidewalks Ivy Street - Walden to Genesee Item No. 102, C.C.P., 7/23/96 In response to your request for sidewalk replacement at the above location please be advised that an on-site inspection revealed the following: 1,800 s.f Tree root damage estimate (City's responsibility) 1,600 s.f. Assessment damage estimate (Owner's responsibility) This department is bound by the terms of the City Ordinances with respect to the financing of sidewalk replacement which limits us to paying only for tree root damaged concrete. Those terms further require abutting property owners to pay for all non tree root related damaged concrete. The alternative to this format, however, is a sidewalk replacement contract that is funded through block-grant monies made available to all the Councilmembers for work within each of their council districts. In this way all damaged concrete is replaced irrespective of the sources and at no cost to the property owners which is a very popular program. Unfortunately, there is no block grant funding allocated for sidewalk replacement from Community Development for the 1996-97 budget. Our options respective to replacement are as such: 1. Replace defective sidewalk at owner's expense. 2. Replace defective sidewalk as soon as block grant funding is made available. In the meantime our maintenance crew will continue to make temporary repairs for pedestrian traffic. REFERRED TO THE COMMITTEE ON FINANCE No. 51 E. Perry & Others - Request Paving Norway Park Item #100, C.C.P., 7/23/96 With reference to the above item, the Department of Public Works wishes to submit the following report: The Division of Engineering has evaluated and rated Norway Park from Best to Dodge as a #4, in accordance with the N.Y. State Rating Manual for Urban Streets. It has been included in a future Overlay Program, and will be completed according to its rating priority and available funding at the time. In the meantime, our Street Repair Section will provide immediate repairs to the potholes and will maintain the street in a safe condition. REFERRED TO THE COMMITTEE ON FINANCE. No. 52 Correction of Account Charged Military Road Watermain Item No. 49, C.C.P., 06/25/96 Per authorization contained in Item No. 49 of Common Council Proceedings of June 26, 1996, permission was granted for the Commissioner of Public Works to enter into a contract with MPJ Contracting for Water System Improvements, Military Road Watermain, Contract No. 33, with the amount of $710,495.00 to be charged to the Division of Water's Capital Project Account 416-983-501. Please be advised that is the incorrect bond account. The correct bond account for this project is 416-984-001-00-000. It is hereby respectfully requested that your Honorable Body authorize the above work to be charged to Capital Project Account 416-984-001-00-000 in the amount of $710,495.00. Mrs. LoTempio moved: That the communication from the Department of Public Works, dated August 19, 1996, be received and filed; and That the Commissioner of Public Works be, and he hereby is, authorized to correct bond account to Capital Project Account 416-984-001-00-000 for Military Road Watermains, Contract No. 33 in the amount of $710,495.00 which was previously incorrectly stated in Item No. 49, C.C.P., June 26, 1996. PASSED AYES - 13 NOES - 0 No. 53 Standing Marker at foot of Ferry Street in Broderick Park In response to your letter of July 11, 1996 regarding the above mentioned subject please be advised that Broderick Park falls under the jurisdiction of the Parks Department. The Department of Public Works will cooperate with them by whatever means necessary to complete this project. Please have the Parks Department coordinate this project with Sam Puglisi (extension 5617) of my staff. RECEIVED AND FILED No. 54 Requirements for Hanging a Banner Across a City Street We have received the request from the Arthritis Foundation to hang a banner across Niagara Street near Niagara Square. Commissioner Giambra has agreed to let the Foundation hang the banner with the following conditions. 1. The banner must be made of fabric that allows air to flow through. 2. The bottom of the banner must be at least 14'6" above the center of the street. 3. The banner must be tied down securely. 4. Liability insurance in the amount of one million dollars to save the City harmless must be filed with the Law Department before the banner can be hung. The City must be named as "additional insured" on the policy. 5. No banner will be hung from a traffic signal pole or interfere with the sight line of a traffic signal. 6. If using street light standards, the exact location of the light standards must be supplied to the Street Lighting office, room 501 City Hall. Please follow these specifications. If you have any questions, please call me at 851-5621. REFERRED TO THE COMMITTEE ON LEGISLATION No. 55 Negative Declaration Worthington Business Center Access Rd. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Department of Public Works, 502 City Hall, 65 Niagara Square, Buffalo, New York 14202 As per SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Worthington Business Center Industrial Access Road Location: The project area occupies land to the east of Bailey Avenue, approximately one-half the distance between Clinton Street to the north and Littell Street to the south. The project area is immediately north of the point where the Conrail track intersects Bailey Avenue, and includes land beneath the New York State Thruway. Type of Action: Unlisted Action - Coordinated Review Description: The project consists of constructing a new 650 foot long, two-lane access road from the Worthington Business Center to Bailey Avenue. The access road will improve the existing access to the complex, which is currently via residential streets. As a result of this environmental review, the Lead Agency has determined that the undertaking of this action will not constitute an action significantly affecting the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The project will have a beneficial impact on the traffic due to the following: The new road will improve the existing access to the Worthington Complex, which is currently via residential streets. The project may also have the following beneficial impacts: prevent the establishment of incompatible land uses in the area; insure the orderly development of the site; eliminate blighting influences and environmental deficiencies; will encourage existing residents and businesses to remain in the project area and attract new residents and businesses; will generate tax revenues for the City; create new job opportunities for area residents; and revitalize an old and deteriorating residential neighborhood. The only identified negative impacts are all construction related impacts due to construction and landscaping activities, which will generate increased vehicle emissions, fugitive dust, and increased noise levels. These are only short-term impacts that will have a minor effect on the environment, and are not significant in magnitude or effect. City codes and proper construction practices will mitigate potential adverse impacts due to construction activities. The impacts that are likely to occur as a result of the project appear, on the whole, to be beneficial and not significant in magnitude or effect, and will not either individually or as a whole, have a significant adverse effect on the environment. For further information relative to this negative declaration, contact Thomas LoTempio, Senior Engineer, 501 City Hall, Buffalo, New York 14202 - Telephone: 716-851-5618 Dated: August 13, 1996 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 56 1001 East Delavan Avenue Conduit within Right-of-Way Mr. T. M. Murdock of American Axle and Manufacturing, located at 1001 East Delavan Avenue, has requested permission to install a 3/4" conduit within City right-of-way at said address. The proposed conduit would be installed underneath the pavement of Northumberland Avenue for the purpose of operating a water sprinkler system. The Department of Public Works has reviewed this application pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the conduit is installed a minimum of 36 inches below the pavement surface. 3. That the applicant supply the Department of Public Works with a set of "as built" plans showing the location of said conduit. 4. That the applicant provide the Department of Public Works with a five thousand dollar construction in street bond or Certificate of Insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said conduit. REFERRED TO THE COMMITTEE ON LEGISLATION No. 57 319 Massachusetts Avenue Planters within City Right-of-Way Mr. Frank Ganci, owner of Ganci's Food Store, located at 319 Massachusetts Avenue, has requested permission to install wooden planters which would encroach City right-of-way at said address. The proposed planters would measure approximately ten feet in length, six feet in width, and three feet in height. Furthermore, the planters would be installed in a manner so as not to impede pedestrian passage. The Department of Public Works has reviewed Mr. Ganci's application pursuant to Chapter 413-67 (Encroachment Regulations) of the City ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "mere license' for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the planters be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Engineering. 3. That the applicant be responsible for maintenance of the planters as long as they remain within City right-of-way. 4. That the applicant be responsible for the relocation of any existing underground utilities affected by said installation. 5. That the applicant supply the Department of Public Works with a five thousand dollar construction in street bond or Certificate of Insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said planters. REFERRED TO THE COMMITTEE ON LEGISLATION No. 58 Certificate of Appointment Appointment Effective July 26, 1996 in the Department of Public Works, Division of Engineering, Salvatore W. Sciandra, 291 Commonwealth Ave., Buffalo, NY 14216, to the position of Engineering Inspector, Permanent, at the Maximum Starting Salary of $33,342. REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 59 Certificate of Appointment Appointment Effective August 16, 1996 in the Department of Public Works, Division of Buildings, Rose Marie Rivera, 275 Highgate Ave., Buffalo, NY 14215 to the Position of Administrative Assistant, Permanent, at the Maximum Starting Salary of $31,236. REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 60 Certificate of Appointment Appointment Effective August 19, 1996 in the Department of Public Works, Division of Buildings, Burke Glaser, 153 Aldrich Place, Buffalo, NY 14220, to the Position of Senior Architect, Temporary, at the Maximum Starting salary of $41,594. REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 61 Certificate of Appointment Appointment Effective August 29,1996 in the Department of Public Works, Division Of Buildings, Margaret E. Bugaj, 31 Parkview Avenue, Buffalo, NY 14210, to the Position Of Laborer I, Permanent, at the Intermediate Starting Salary of $9.92 per hr. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE No. 62 Checks Received Item No. 104, C.C.P., 2/2/88 8155-00103191 $1,453.00 C2-95-0081 8155-00103097 $2061.00 C2-95-0177 8155-00103121 $2,823.60 C2-96-0034 8155-00103109 $585.60 C2-96-0035 8155-00103096 $682.65 C2-96-0040 8155-00103116 $565.20 C2-96-0041 Total $8,171.05 and 8118-00254376 $571.05 8155-00103314 $702.45 8155-00103386 $1,991.88 Total Deposit $3,265.38 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 FROM THE COMMISSIONER OF FIRE No. 63 Appt. Deputy Fire Commissioner I wish to nominate Calvin G. Worthy, 99 William St., Buffalo, NY 14203 to the non-competitive position of Deputy Fire Commissioner, effective August 19, 1996 at the salary of $69,482. RECEIVED AND FILED FROM THE CORPORATION COUNSEL No. 64 Marine Midland Arena Attached is Requisition No. 20 relating to the Marine Midland Arena Project. REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE No. 65 Marine Midland Arena Attached is Requisition No. 21 relating to the Marine Midland Arena Project. REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE No. 66 Info - War Memorial Stadium Name Change Item No. 192, C.C.P., 7/23/96 You have requested a response from the Law Department regarding the proposal of the Near Eastside Youth Planning Council and Councilmember Gray to change the name of War Memorial Stadium. This question of name changes was previously addressed by this Department in Item No. 33, C.C.P., 2/6/96. As previously stated, "In order to change the name of a City property, the procedure provided for in Section 286-3 of the code of the City of Buffalo must be followed. Either a petition from City residents, a written communication from the Mayor, or resolution from a Councilmember requesting the name change must be filed to initiate the process. That request must contain the proposed name, the existing name and a brief justification for the name change. Then the council may vote to approve or deny the request. The City Clerk must publish the notice of intention to change the name, which shall include the proposed name, the existing name and the time and place of the public hearing. The notice shall be published once a week for two (2) consecutive weeks. The public hearing shall be held within ten (10) days after the last publication date." Within thirty (30) days after the public hearing, the Council must act on the name change. To change the name of the Stadium a majority vote is required to approve the change. If the Council fails to act within thirty (30) days, the request shall be deemed refused. REFERRED TO THE COMMITTEE ON LEGISLATION No. 67 Compromise Demolition Costs 64 Nevada St. In or around May of 1995, a fire occurred at 64 Nevada Street, Buffalo, N.Y. At that time, the property was owned by Robert Palano. The fire was not severe enough to warrant demolition of the building located at the property. In or around June of 1995, Robert Palano sold the property, in as-is condition, to another person. After this transfer, a second fire occurred which was severe enough to require an emergency demolition of the building located on the property. The City paid $16,000.00 to have the building demolished. Subsequently, the City of Buffalo sought recovery of the $16,000.00 from Robert Palano and the owner of the property at the time of the second fire in June of 1995. After extensive negotiations, Robert Palano has agreed to pay $12,000.00 toward the full $16,000.00 demolition cost. The Office of Corporation Counsel recommends approval of this settlement for the following reasons. It is undisputed that Mr. Palano did not own the property at the time of the second fire that warranted the demolition. In the event that this matter was litigated, Mr. Palano would likely argue that his non-ownership of the property completely absolves him from liability. This litigation could be lengthy and expensive for the City of Buffalo, and it is likely that even if a Court ruled in the City's favor, it would apportion the liability between Mr. Palano and the owner at the time of the second fire. As a result, with respect to Mr. Palano, even if the City is successful in the litigation, it is unlikely that we would receive more money than is currently being offered. Acceptance of Mr. Palano's offer of $12,000.00 does not preclude the City from proceeding against the owner at the time of the second fire. Based on the above, the Corporation Counsel recommends settlement in this matter of $12,000.00. Mrs. LoTempio moved: That the communication from the Department of Law, dated august 12, 1996, be received and filed; and That the Corporation Counsel, be and he hereby is, authorized to approve the compromise settlement of demolition costs for 64 Nevada Street with Mr. Robert Palano for $12,000.00. PASSED AYES - 13 NOES - 0 No. 68 PILOT Agreement 840 Tonawanda Street Attached is PILOT Agreement between the City of Buffalo, County of Erie and Gartwock Manor L.P. regarding property at 840 Tonawanda Street. REFERRED TO THE COMMITTEE ON FINANCE No. 69 Seizure of Automobiles Item No. 67, C.C.P., 1/9/96 You have requested the Law Department to comment on the City of Buffalo's authority to seize vehicles or other property used in the commission of a crime and whether that authority could be expanded. The authority to successfully seize vehicles used in the commission of a crime emanates from the State. An act of the State Legislature is necessary for the City to have broader power in its ability to seize assets. Currently, the City does have limited authority to seize vehicles. The Public Health Law allows for the seizure of vehicles used in the transportation of controlled substances. The City's seizure power does not extend to other crimes like prostitution. When the City can seize property, a judicial hearing would follow the seizure. If successful, the property would then be forfeited to the City. The property would never automatically be turned over to the City. Due process considerations would always be a part of any attempt to seize property. The United States Supreme Court has been strengthening the rights of governments in forfeiture cases. However, it should be noted that those cases empower state governments, not municipalities, in their efforts to seize property. Before the City of Buffalo could benefit from any other asset-forfeiture law, the State would have to put forward legislation granting the City greater power to seize property. Though the City has seizure power in certain cases involving the transportation of controlled substances, that does not extend to other crimes like prostitution. REFERRED TO THE COMMITTEE ON LEGISLATION No. 70 Waiver of Foreclosure Fee 104 Ashley Street Item No. 189, C.C.P., 7/23/96 You have requested the Law Department to determine whether the Four Hundred Dollar ($400.00) Foreclosure Fee ("Fee") being assessed against 104 Ashley Street can be waived. Generally, waiving the Fee would be a gift of public funds pursuant to Article VII, Section 8 of the Constitution of the State of New York. The Fee is a debt duly owed to the City of Buffalo. However, the City could render the interest charges void if there were irregularities in the proceeding that ordered the assessment as set forth in Section 544 of the Charter of the City of Buffalo. In this instance, no such irregularities exist. The owners of 104 Ashley Street were delinquent in paying the taxes and accordingly were subject to potential foreclosure action by the City. They had arranged to obtain funds to pay the arrears through an Erie County Department of Social Services ("DSS") voucher. The figure given to DSS by a City of Buffalo Department of Assessment employee was correct when requested in January 1996. However, by the time the check was issued by DSS, the City had already filed the foreclosure list in March 1996. There was no mishandling on the part of the City. The actions taken by the Department of Assessment were consistent with its standard operating procedure. The Fee was incurred due to the unavoidable lag time in the issuance of the check by DSS, not by some negligent delay within the Department of Assessment. Due to the lack of irregularity in the proceeding which ordered the assessment, there are no grounds to annul the Foreclosure Fee. REFERRED TO THE COMMITTEE ON FINANCE No. 71 Kompson v. City of Buffalo Sup. Ct. Index No. 96-102 Item No. 120, C.C.P., 12/26/95 Item No. 179, C.C.P., 12/12/95 The above case involves a dispute over the operation of a newsstand at the corner of Delaware and Hertel Avenues, in the City of Buffalo. On or about July 22, 1996, Supreme Court Judge Barbara Howe issued an Order directing the City to determine whether or not a license would be granted to David Kompson to operate a newsstand at the above location. Judge Howe's Decision is attached to this communication. The application for a license had been previously filed with the Common Council on or about December 12, 1995. (C.C.P. 12/12/95, Item No. 79). The item was subsequently received and filed on or about December 26, 1995. (C.C.P. 12/12/95, Item No. 120). Pursuant to Judge Howe's decision, the City is required to make a decision on the matter on or before September 22, 1996. REFERRED TO THE COMMITTEE ON LEGISLATION No. 72 Comer v. Cisneros Settlement Summary of Terms and Time Line Special Session, August 9, 1996 I. Settlement Terms in Summary This Honorable Body adopted a resolution approving the City of Buffalo's entry into Stipulations of Settlement and Consent Decrees to settle Comer v. Cisneros, a federal housing discrimination action pending in the U.S. District Court since 1989. The two Stipulations of Settlement and Consent Decrees, referred to here as the BMHA Decree (which settled the BMHA portion of the Comer action) and the Sec. 8 Decree (which settled the Rental Assistance Corp. and Belmont Shelter portions of the Comer action), were filed on August 13 before Judge Curtin. The City was sued with codefendants the Secretary of the United States Department of Housing and Urban Development and the Department of Housing and Urban Development (collectively "HUD"), the Buffalo Municipal Housing Authority ("BMHA"), the Rental Assistance Corporation ("RAC"), Belmont Shelter Corp. ("Belmont"), the Town of Amherst (on behalf of suburban consortium's Section 8 program), as well as former Mayor Griffin and former BMHA executive director Lawrence Grisanti.' Filed with the City Clerk are copies of the consent decrees and joint motions for class notice. In summary, with the dismissal of the Comer action (BMHA Decree @@ 79 (B), 87; Sec. 8 Decree @@ 51 (b), 58), the settlement of the Comer action calls for the following: HUD issued a competitive HOPE VI Notice of Funding Availability ("NOFA") for up to $40 million to a public housing authority for public housing demolition, site revitalization and replacement housing. BMHA will apply to engage in density reduction and reconfiguration at three developments, AD Price, Commodore Perry, and Lakeview. (BMHA Decree @ 6). This NOFA application is due September 10, 1996, and to earn 20 bonus points on the application there must be a court-ordered consent decree in connection with civil rights litigation. These bonus points may be decisive for an authority to receive the funding. BMHA proposes demolition and reconfiguration of 450 units at Price, Perry and Lakeview, with the acquisition of 50 new units in a non-poverty concentrated area (for example, in North Buffalo) if granted HOPE VI funds (BMHA Decree @ 17). The City will make available $1.4 million per year for the next five years for redevelopment of the Frederick Douglass Towers, with that obligation met from any funding source the City directly or indirectly obtains, including bond financing (BMHA Decree @@ 67, 68). The City will establish the Community Housing Center ("CHC"), that is, publish a HUD created request for proposal ("RFP") to the bidding administrative entities nationally, select an administrator (with HUD approval) (Sec. 8 Decree @@ 28, 30). The City will enter into a contract with the CHC administrator, with this Honorable Body's approval of that contract. The City will not be responsible for the performance of the CHC administrator (Sec. 8 Decree @ 31). The City will contribute $100,000 per year for the next five years to fund the activities of the CHC (BMHA Decree @ 59) not otherwise funded by HUD. HUD has appropriated $3 million to the City for the operations of the CHC (BMHA Decree @ 37; Sec. 8 Decree @ 32). The CHC is to provide class members receiving subsidies counseling to assist them in finding rentals in non-poverty or minority concentrated areas of the City and Erie County (See. 8 Decree @ 29; BMHA Decree @ 38). The City will receive (and administer through its agent) 750 Section 8 subsidies, to be issued to individual plaintiffs displaced by demolitions and reconfiguration at AD Price, Perry and Lakeview developments. BMHA, the plaintiffs and the City will negotiate the terms of distribution of the subsidies and the housing counseling services to be provided to class members (BMHA Decree @ 34). The City also will receive 700 additional Section 8 subsidies, to be administered by our current Section 8 agent, RAC, in turn to be issued to plaintiffs on special waiting lists from RAC and Belmont's applicant pools (Sec. 8 Decree @ 12). HUD will issue 100 subsidies to Amherst and the suburban consortium to service the special waiting lists through the consortium's agent, Belmont (Sec. 8 Decree @ 12). RAC and Belmont will exchange waiting list information to form two special waiting lists of plaintiffs, to be serviced in according to whether the individual plaintiff claimed eligibility pursuant to then-existing regulations, by unit size applied for and chronological order of application (Sec. 8 Decree @ 6). Plaintiffs and tenants' representatives will be involved in the City's planning processes for area revitalization around Perry/Price and Lakeview developments, redevelopment of Frederick Douglass Towers, and the formulation of the Consolidated Plan (BMHA Decree @@ 23, 66, 53-57). The City will render semiannual reports to the parties regarding its activities and results under this Decree, as well as make non-privileged documents available for inspection and copying by plaintiffs (BMHA Decree @@ 71, 73). For four years beyond the life of the Sec. 8 Consent Decree, the City and the consortium towns will have to submit any future request for a local residency preference short of a countywide preference to HUD for approval, with plaintiffs having the express right to seek judicial review of HUD's approval (Sec. 8 Decree @ 3). During the first four and one-half years of the Sec. 8 Consent Decree, neither the City nor the consortium towns can enact a local residency preference with a geographic reach smaller than a county-wide system. For the entire action, HUD has provided a sum for settlement of plaintiffs' attorneys' fees which satisfies plaintiffs' past and present fee demands (BMHA Decree @ 87; Sec. 8 Decree @ 59). Plaintiffs released the City and the other defendants from claims arising out of this action, save attorneys' fees for future enforcement actions (BMHA Decree @@ 79 (D), 80, 88; Sec. 8 Decree @@ 51(d), 52, 60). To be awarded fees for a future enforcement action, plaintiffs must prove the merits of their contention, that the defaulting party was in contempt and that the contempt was willful (BMHA Decree @ 87; Sec. 8 Decree @ 59. This settlement will not constitute an admission by any party of any liability (BMHA Decree @@ 82, 89; Sec. 8 Decree @@ 56, 61). Finally, by settling this action, HUD has offered to assist the City in obtaining additional housing and other assistance. The Common Council has an extensive role under these Consent Decrees in implementing their terms. The Decrees themselves provide broad procedural and substantive outlines, leaving to the parties (including this Honorable Body) many of the decisions as how to effectuate their goals and procedures. This Body may participate in this settlement in approving the contract with CHC administrator; approving contract with Section 8 administrator or extension of existing contract with RAC; approving plans under Consolidated Plan, including those for area revitalization around Perry/Price and Lakeview developments, and the Community Development Block Grant fund and other city-controlled budgets; involvement in BMHA planning processes in density reductions at Perry, Price and Lakeview, as well as development of Frederick Douglass Towers. II. Time Line These eight and one-half-year consent decrees (including the period with restrictions on enactment of local residency preferences) has several triggering events and deadlines for actions. Some terms are conditional and do not have precise start or finish dates (for example, many activities are counted from either the closing date for request for proposal bids on the CHC or on the initial operation of the CHC). Most of the dates assume Judge Curtin approves the settlement and enters final judgment on September 5. Some dates are derived from the litigated history of this action and the timetable hence starts with highlights from that history. A. History 12/4/89 - Plaintiffs filed original complaint against City, other defendants. 7/23/90 - Amended complaints, RAC, Belmont and BMHA actions. 3/28/91 - Cut off for applications for 3 bedroom apartments for special waiting list, Sec. 8 Decree @ 6 (after, to date of entry of judgment, 9/5/96, may be on supplemental waiting list, Sec. 8 Decree @ 40). 8/30/91 - Cut off for applications for 1 bedroom apartments for special waiting list, Sec. 8 Decree @ 6 (after, to date of entry of judgment, 9/5/96, may be on supplemental waiting list, Sec. 8 Decree @ 40). 1/6/93 - Cut off for applications for 2 bedroom apartments for special waiting list, Sec. 8 Decree @ 6 (after, to date of entry of judgment, 9/5/96, may be on supplemental waiting list, Sec. 8 Decree @ 40). 6/2/93 - Order dismissing complaint on standing grounds. 3/24/94 - Cut off for applications for 4 bedroom apartments for special waiting list, Sec. 8 Decree @ 6 (after, to date of entry ofjudgment, 9/5/96, may be on supplemental waiting list, Sec. 8 Decree @ 40). 8/26/94 - Second Circuit reversal of Judge Curtin's dismissal of complaint. Settlement negotiations began. 4/12/95 - Class definition in Section 8 action (Sec. 8 Decree @ 49). 7/22/96 - HOPE VI Notice of Funding Available filed by HM, 61 Fed. Reg. 38,024. B. Settlement 8/9/96 - Common Council authorizes City agreement to settlement. (Last day for thirty days' notice to class members of proposed settlement). 8/13/96 - BMHA Board of Commissioners' approving settlement; 1:30 pm, signing by all parties of documents; 3:30 pm, filing motion for class fairness hearing and proposed consent decrees with District Court. 8/19/96 - Presentation of consent decree terms to Judge Curtin, 1 pm. 8/20/96 - (7 days from entry of Rule 23 order) City, other parties to submit comments on CHC RFP (Sec. 8 Decree Ex. C) to HUD (See, 8 Decree @ 30(a)). 9/5/96 - Fairness hearing, 10 am, before Judge Curtin. 9/5 to 10/96 - Judge Curtin decides whether to accept proposed settlement; if he does, entry of final judgment. 9/10/96 - 4 pm, HOPE VI Notice of Funding Available application from BMHA due at HUD headquarters and field office, requiring final judgment and consent decree in place for decisive bonus points. C. Performance of Settlement Terms Within 21 days from receiving comments on RFP [to 9/9/96]: HUD to render final RFP for CHC, replacing Ex. C (Sec. 8 Decree @ 30(a)). City issues final RFP to HUD-identified entities, publication in the Buffalo News, the Challenger, the Commerce Business Daily (U.S. Department of Commerce periodical). Activities starting immediately, but without defined start date: HUD decides on the NOFA. If granted, BMHA may begin planning process for demolitions and reconfiguration (BMHA Decree @ 17(C)), and taking care of displaced households with Relocation Subsidy holders to get counseling from CHC (@ 19). Hence, there can be no displacement without the CHC in place. If HUD denies NOFA or funds below the requested amount, parties renegotiate commitments, with plaintiffs or HUD having option upon breakdown in talks to void the consent decree (BMHA Decree @ 17(C)). Area revitalization plans for neighborhoods surrounding Perry/Price and Lakeview developments, within the Consolidated Planning process (BMHA Decree @ 23). Promptly enter into planning process regarding Frederick Douglass Towers with plaintiffs, BMHA, Frederick Douglass residents (BMHA Decree @ 60). Issuance of Equal Opportunity Subsidies (from extra Tenant-Based Subsidies, BMHA Decree @ 21) to named plaintiffs, intervenors, then to class members living in general occupancy federally subsidized housing unit residents in minority concentrated census tracts, then to class member applicants living in minority concentrated areas (BMHA Decree @@ 28, 29, 30). CHC to counsel. 120 days, plus 30-day extension, to use subsidy (BMHA Decree @ 32). Continuing facilitate involvement of BMHA residents in the City's Consolidated Planning process (BMHA Decree @ 57). Systematic code enforcement (BMHA Decree @ 58). Within 30 days from entry of decree/final judgment [to 10/5/96]: HUD provides plaintiffs with names of consultants to assist plaintiffs in area revitalization planning (BMHA Decree @ 24). Belmont to mail notice to landlords (Sec. 8 Decree Ex. D, @ 36). Within 60 days from entry of final judgment [to 11/4/96]: Belmont and Amherst, City and RAC to submit amendments to administrative plans for county-wide residency preference, (Sec. 8 Decree @ 2). Belmont to reinstate former applicants to waiting lists (Sec. 8 Decree @ 8). No later than 60 days from publication in the Commerce Business Daily [c. 11/8/96]: Closing date for CHC applications to the RFP (Sec. 8 Decree @ 30(c), Ex. C). Within 7 days from the closing date [c. 11/15/96]: City to submit copies of CHC applications to HUD's counsel and plaintiffs' counsel (Sec. 8 Decree @ 30 (c)). Within 21 days from the closing date [c. 11/29/96]: Plaintiffs' counsel to supply comments to City and HUD's counsel (Sec. 8 Decree @ 30 (c)). Within 90 days from entry of final judgment/decree [to 12/4/96]: Belmont and RAC use same application, with BMHA having right to participate in crosslisting or joint application (Sec. 8 Decree @ 5). Belmont and RAC mails copy of Exhibit A notice to qualifying current applicants and add to special waiting list (Sec. 8 Decree @ 10). Local defendants to distribute notice to class members by mail, by copies to BMHA distributed to tenants, by mailing organizations (Sec. 8 Decree @ 11). Plaintiffs, BMHA and the City meet regarding timing of distribution of relocation and equal opportunity subsidies (BMHA Decree @ 34). City will create BMHA Housing and Economic Development Task Force BMHA Decree @ 54). Within 40 days from the closing date [c. 12/18/96]: City selects CHC administrator (Sec. 8 Decree @ 30 (d)). Within 120 days from entry of final judgment [to 1/3/97]: RAC and Belmont to develop special waiting list (Sec. 8 Decree @ 6). City amends its Citizen Participation Plan to require notice to BMHA resident representatives to select representative to Consolidated Plan Subcommittee of the Citizens Advisory Committee (BMHA Decree @ 53). Within 70 days from closing date [c. 1/14/97]: HUD indicates its approval or disapproval of CHC administrator selected by the City (Sec. 8 Decree @ 30 (d)). If HUD approves, City negotiates contract with CHC administrator, providing notice to all parties of operation date of CHC at least 60 days before its begins operation (Sec. 8 Decree @ 30 (f)). HUD executes amendment to Annual Contribution Contract for $3 million funding for CHC (Sec. 8 Decree @ 32). If HUD disapproves, within 7 days after receipt of explanation [c. 1/21/97]: City makes another selection (if more than one bidder left) (Sec, 8 Decree @ 30 (d)). If no remaining CHC administrator bidders, HUD submits revised RFP, with comments from City and plaintiffs within 10 days after receipt of the revised RFP. HUD finalized revised RFP 21 days after receipt of comments. Once sent to the City, the City issues (Sec. 8 Decree @ 30 (e)). For first six months after entry ofjudgment [9/5/96 to 3/5/97]: Belmont not to remove applicants from waiting list (Sec. 8 Decree @ 9). Within one year after CHC begins operation [early 1997?]: HUD executes contracts for 800 certificates, 100 to Belmont, 700 to City for RAC to administer. Belmont to issue its certificates within this year (Sec. 8 Decree @ 12) [early 1998?]. RAC to issue 700 certificates by end of third year (Sec. 8 Decree @ 12) [early 1999?]. All but 3 of RAC's regular Section 8 subsidies to go to special waiting list applicants (Sec. 8 Decree @ 16(c)). Special waiting list applicant has 30 days to respond to the notice calling him or her off the list (Sec. 8 Decree @ 19). Applicants have 120 days from issuance of a subsidy to submit a request for lease approval (Sec. 8 Decree @ 33). Within 30 days after CHC begins operation [early 1997?]: RAC issues certificates to named plaintiff and intervenor (See. 8 Decree @ 14). RAC to notify all special applicants about 80 Special Opportunity Certificates, to rent in non-concentrated census tracts for one year (Sec. 8 Decree @ 35 (b), (a)). Starting six months after CHC begins operation and every six months for life of decree [mid 1997]: RAC, Belmont (Sec. 8 Decree @ 37), and CHC (Sec. 8 Decree @ 38) make written reports to parties. CHC to make annual report on significant staff changes, assets. One year from entry of final judgment [9/5/97]: BMHA may apply to HUD (1) to review BMHA's tenant selection provisions for elderly applicants, BMHA Decree @ 41(G),(H),(I),or(2)seek authorization to administer Section 8, if granted, the City may assign subsidies to BMHA for administration. Two years from entry of final judgment [9/5/98] or when Tenant-Based subsidies were exhausted: BMHA tenant selection plan for elderly applicants expires (BMHA Decree @ 41 (L)). By two and one-half years after CHC begins operation [late 1998]: If fewer than 80 Special Opportunity Certificates remain, become ordinary Section 8 certificates without geographic restrictions (Sec. 8 Decree @ 35 (e)). Within 30 days when 100 special applicants remain on list [timing unknown]: RAC and Belmont notify counsel for parties of this milestone (Sec. 8 Decree @ 39) and begin developing supplemental waiting list (Sec. 8 Decree @@ 40-41). All special applicants are processed or three and one half years after CHC begins operation [1999?] or four and one half years (if still have special applicants) [2000?]: Special waiting list is discontinued (Sec. 8 Decree @ 26), turn to supplemental list if subsidies remain (Sec. 8 Decree @ 40). Four and one-half years from establishment of CHC [2000?]: Most terms of Section 8 Consent Decree end (Sec. 8 Decree @ 51 (e)); end of servicing supplemental waiting list (Sec. 8 Decree @ 44). Five years [9/5/2001]: Term of BMHA decree ends, BMHA Decree @ 79(E), e.g., paying $1.4 million per year for Frederick Douglass Towers redevelopment ends, @ 67, operation of CHC and paying $100,000. @59; semiannual reporting requirement ends, @ 71. Substantial completion of Frederick Douglass redevelopment, BMHA Decree @ 64. For next four years after expiration of Sec. 8 Consent Decree [2004?]: Restriction on local residency preference, requiring special HUD approval process and plaintiffs having standing to enjoin HUD's approval (Sec. 8 Decree @@ 3, 51 (e)). In Perpetuity: Releases of plaintiffs' claims against the City and defendants (Sec. 8 Decree @@ 51 (d), 52, 60; BMHA Decree @@ 79(C), 80, 88), dismissal of claims (BMHA Decree @@ 79 (B), 87; Sec. 8 Decree @@ 51 (b), 58). RECEIVED AND FILED No. 73 Settlement - James Tudini The Corporation Counsel requests that the Common Council approve the settlement of James Tudini v. Chaffee Ward v. City of Buffalo in the amount of $1,500.00 and the City's receipt of a release as a defendant. If you require more information, please send this matter to Finance Committee for further discussion in executive session. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 74 Appt. Executive Director Item No. 205, C.C.P., 3/5/96 Pursuant to the Code of the City of Buffalo, Part 1 Administration Legislation, Chapter 6, Article 2, Sec. 6-10 (Executive Director and employees), I am appointing Stephen W. Keller, of 587 West Avenue in the City of Buffalo, to serve as Executive Director of the Office of Citizen Participation and Information effective Monday, August 26, 1996. Since 1994, Mr. Keller has been a consultant with the Mayor's Grants & Resources Network Partnership (GRNP). This unit has directly raised almost $4 million in the last two years from public and private sources for city and community-based initiatives. Mr. Keller and his associate have assisted in raising over $12 million in new funding for city programs. The unit contributed to the writing of the winning application for the 1996 All-American City Award and was directly responsible for Buffalo receiving the 1996 City Livability Award from the US Conference of Mayors and Waste Management, Inc. As a father of a five-year old Buffalonian attending public school and growing up on Buffalo's West Side, Mr. Keller is extremely committed to improving the quality of living in our neighborhoods for all residents, especially children. RECEIVED AND FILED No. 75 Cancel Auctioneer's Bond It is hereby certified that the following bond is hereby canceled as of August 21, 1996 because the principal is no longer in business in the City of Buffalo. Bond Principal: Timothy D. Schwer By: Western Surety Company Amount: $5,000 Bond# 22183812 Said bond described is hereby released and canceled as to future liability in accordance with the provisions of Section 47 of the Charter as amended. RECEIVED AND FILED No. 76 Cancel Auctioneer's Bond It is hereby certified that the following bond is hereby canceled as of August 21, 1996 for non-payment of premium. Bond Principal: David R. Thomas d/b/a New York Auto Auction By: Western Surety Company Amount: $5,000 Bond: 60853520 Said Bond described is hereby released and canceled as to future liability in accordance with the provisions of Section 47 of the Charter as amended. RECEIVED AND FILED No. 77 Cancel Auctioneer's Bond It is hereby certified that the following bond is hereby canceled as of August 21, 1996 because the principal is no longer in business. Bond Principal: Michael J. Hunyady By: Western Surety Company Bond: 22183813 Amount: $5,000 Said Bond described is hereby released and canceled as to future liability in accordance with the provisions of Section 47 of the City Charter as amended. RECEIVED AND FILED No. 78 LDA 294 Plymouth Street 2468 Group, Inc. The City of Buffalo Urban Renewal Agency duly designated 2468 Group, Inc. and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating the 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 No. 79 Section 108 Funds Home Ownership Zone Project Permission is requested of your Honorable Body to utilize an $8,675,000.00 Community Development Block Grant Section 108 Guaranteed Loan for the following activity to be undertaken by the Department of Community Development. 1) $8,675,000.00 loan, 20 year term, for the Home Ownership Zone Project. 2) The project, which is the centerpiece of the strategic plan for the Home Ownership Zone, consists of the construction of 300 new units of owner-occupied single family, and townhouse homes located in the City's near east side, within the historic Willert Park neighborhood, just east of Buffalo's Central Business District, bounded by Michigan Avenue on the East, Cherry Street on the North, Adam Street on the East, and Seneca Street on the South. 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. The Section 108 will be secured by a 2nd mortgage on each respective home. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 80 Telecommunications Towers Item No. 197, C.C.P., 7/23/96 The Common Council at its July 23, 1996 meeting adopted Item #197, "Telecommunications Towers." The Council requested that the Commissioner of Community Development examine the issue of siting of telecommunications towers and make recommendations to the Common Council in time for consideration at the next regularly scheduled Council meeting on September 3, 1996. Of primary interest to the Council is the proliferation of PCS towers and the resultant visual impates, health and safety concerns, and the potential burden upon the City's departments. Recently, the public's interest in wireless communications systems has soared. In 1992, there were approximately 10 million cellular telephone users across the United States, and by the end of 1994, that figure had grown to over 24 million. The demand for Personal Communications Services (PCS) also is expected to increase and has prompted providers to increase their number of transmission sites in order to gain coverage and calling capacity, and thus market share. In addition, the FCC also has required providers to establish their service networks as fast as possible, requiring the licensee, as a condition of the license, to provide service to a particular geographic area within a limited period of time. Wireless communications are transmitted through the air via radio waves of various frequencies and require numerous antennas to be mounted at various heights. Typically, there are three types of antennae support structures used to place antennas at desired heights: lattice towers, monopoles, and building attached facilities. Lattice towers range from 60 to 200 feet in height and monopoles range in height from 25 to 125 feet. Building attached facilities can only be used when buildings meet the height required for antennas to function within the system. Section 704 of the Telecommunications Act of 1996 preserves the right of the City of Buffalo to control the siting, construction and modification of wireless facilities through local zoning ordinances and permitting processes. The Act however provides the following limitations: 1. The City shall not unreasonably discriminate among providers of functionally equivalent servers or prohibit the provision of personal wireless services; 2. The City shall act on a tower request in a reasonable period of time. Whatever is the normal permit review process is acceptable. 3. Any decision to deny a tower application/permit must be in writing and supported by substantial evidence contained a written record; 4. No request shall be denied on the basis of the environmental effects of radio frequency emissions if the facilities meet Federal Radio Frequency Admission Standards. If a tower emits more than the federal emission level, it can be prohibited from locating in the community. This section does not exempt providers from being responsible for other environmental concerns. There is a clear need to balance the City of Buffalo issues with those of the wireless communications providers in two primary areas: (1) visual impacts and (2) health and safety issues. Based on information obtained from the County of Erie and local governments around the country, the following policy guidelines are recommended to the Common Council. Visual Impacts 1. Impose a three to six month moratorium on all wireless communications tower applications in order for the appropriate departments to study the issues and to revise current ordinances that apply to zoning of telecommunications facilities. 2. The City of Buffalo, Zoning Ordinance, Chapter 511-113(C), exempts height limitations on radio towers. The original ordinance was intended to focus on more traditional communications technologies such as television and radio broadcast. The ordinance should be revised to recognize the functional differences of the wireless communications industry. The zoning ordinance should also be amended to establish clear, reasonable development standards to minimize the visual impacts of the wireless communications facilities. Suggested development standards may include: a. Permitted Uses. The City of Buffalo should consider permitting wireless communications facilities in commercial and industrial districts and restricting those facilities in single-family residential zones. Some cities prohibit wireless communications facilities in certain zones, near schools or on properties designated as historic sites. b. Setbacks, Screening and Landscaping. Require the minimum setbacks, adequate screening, and landscaping are provided for these facilities. c. Height Restrictions. The City's Zoning Ordinance, Chapter 511 of the City Code, contains specific heights limitations for buildings within each zoning district. Wireless communications facilities such as towers and monopoles should be allowed to exceed that height limit subject to approval by the Council of a Special Use Permit. This would allow for a review of the specific site and tower height to determine if it is reasonable for the type of service provided. d. Co-location. In order to reduce the number of antenna support structures needed in the city, require the proposed support when technically feasible to accommodate other users including other cellular communications companies, local police, fire and ambulance companies. e. Design Review. Develop local standards for acceptable designs and locations of facilities. The wireless communications industry has employed a variety of creative design measures to produce facilities that are not noticeable to the casual observer. Examples of these include panel antennas mounted on and painted to match existing buildings, communications equipment housed in architecturally integrated tower elements, roof-top antennas screened with walls, and freestanding pole antennas screened by landscaping. Cellular towers in some cities are required by law to be disguised as trees. f. Accessory Equipment Storage. Wireless communications facilities typically include small, unmanned equipment storage buildings or boxes that house transmitting and other equipment. Exterior equipment storage buildings should be required to be architecturally compatible and consistent with other surrounding buildings and structures, and also limit maximum floor area of the facility. Health and Safety Concerns One major source of local community opposition to wireless communications facilities is the perceived health risks associated with electromagnetic field (EMF) levels and radio frequency radiation (RFR). As a condition of licensure, the FCC requires all cellular and PCS providers to comply with the American National Standards Institute (ANSI) standards for safe human exposure to radio frequency and electromagnetic fields. Under the provisions of the SEQR, local jurisdictions are required to consider the potential environmental effects associated with each project. Most cities prepare either a categorical exemption of negative declaration for wireless communications facilities. Under a categorical exemption, as long as a project complies with ANSI, there are no significant environmental effects associated with the proposed project. In comparison, a negative declaration addresses visual quality, land use, health and safety issues. When considering permits for wireless communication projects, the Department of Public Works and the Office of Environment should verify compliance with the established ANSI standards. Alternatives to Telecommunications Tower Site Controls As noted above, the city can control the construction of wireless communications facilities by regulating the location of facilities and imposing height restrictions. In addition to regulation, the city should consider developing public/private partnerships with wireless communications providers. The city should inventory potential sites of city-owned property and encourage the leasing of city properties to the extent possible for the towers. The city will benefit from this since it is assured a long-term revenue stream, it has influence over tower type and placement, and it gains the use of towers for city services. REFERRED TO THE COMMITTEE ON FINANCE No. 81 Maximize Ecological Benefits Unused Railroad Land Item No. 187, C.C.P., 7/23/96 Your Honorable Body has asked that the Department of Community Development file a report detailing: 1) An inventory of unused rail lines in the City 2) A process for measuring the future environmental and transportation uses of these lines 3) A tree preservation plan for construction projects on unused land Community Development commends the Council for its recognition of the importance and interrelationship of unused railroad property, open space needs in this City, and greening issues. This Department shares the views and concerns evidenced in the Council resolution. Elements of this department's work plan as submitted to the Common Council detail programmatic attention to greening and open space issues. The Division of Planning and the Office for the Environment have been addressing aspects of these issues over the past several years. Regarding rail lines, limited work has gone forward with the Niagara Frontier Transportation Committee, the Niagara Frontier Transportation Authority, and the Division of Assessment. Regrettably, it has become clear that, as a particularly difficult element of the broad brownfields problem, even comprehensive identification of abandoned rail lines, as necessary for items one and two of the Council's request, has required more resources than this Department currently has available to it. Regarding a tree preservation plan, the Department points out that there are elements in the Ordinances which give the strength of law to the protection of trees during the development process, while not unduly constraining necessary development in the City. Mayor Masiello and Community Development recognize the importance of the issues raised in the Council's resolution and the constraints posed by local resource limitations. We are currently actively seeking comprehensive Federal assistance in the form of a very significant Urban Resources Partnership under an initiative in the United States Department of Agriculture. Positive meetings have taken place with the Under Secretary of Agriculture and his Office in this regard and interaction is continuing. A Federally supported Partnership in Buffalo would provide the resources necessary to link the Council's issues in its above-referenced resolution with the wide range of greening challenges and opportunities in the City. Any Council support in this regard would be greatly appreciated. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. No. 82 Riverside Park Master Plan SEQR Negative Declaration A Negative Declaration for the above-referenced project is hereby filed with your office in accordance with Section 617.12 of the New York State Environmental Quality Review Act. If you should have any questions, please contact Gregory Bernas at Buffalo Division of Planning, Room 901 City Hall, Buffalo, New York 14202. His telephone number is 716-851-5083. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 83 Change in Contract No. 91852300 Massachusetts Avenue Playground Improvements During the construction of the above project, certain items that were unforseen at the time the bids were let required attention. This is due to damage and community requests after the bids were received. Therefore, we recommend that the following additions be made to Contract No. 91852300 with Miller Enterprises: Repair existing bent and removed main tubular steel drive gate. ADD $733.00 Lower and change three areas of new wooden post and board railings as directed. ADD $602.00 TOTAL ADD $1,335.00 Contract Summary: Original Contract Amount$14,650 Change Order No. 1 (this increase) $1,335 New Contract Amount$15,985 I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Miller Enterprises as set forth above. Funds for this extra work are available in C.P.A. 200-717-069. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated August 12, 1996, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to issue change order No. 1 to Miller Enterprises, changes resulting in a net increase in the amount of $1,335.00, as more fully described in the above communication, for work relating to Massachusetts Avenue, Playground Improvements, Contract 91852300. Funds for this project are to be charged to Account No. 200-717-069. PASSED AYES - 13 NOES - 0 No. 84 Bids Lanigan Playground Improvements I hereby request permission to take bids for the above project; and have asked for and received the following bids for Lanigan Playground Improvements on August 13, 1996: Company Base Bid American Paving $44,670 Thomann & Loewer $46,785 G.B.H. Paving $49,178 I hereby certify that the foregoing is a true and correct statement of the base bids received. We are accepting the low base bid of $44,670. Therefore, American Paving, 5880 Thompson Rd., Clarence Center, N.Y. is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the city to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 200-717-012. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated August 14, 1996, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for Lanigan Playground Improvements to American Paving in the amount of $44,670, the lowest responsible bidder. Funds for this project are available in Bond Fund Account 200-717-012. PASSED AYES - 13 NOES - -0 No. 85 Report of Bids - Riverside Park Phase I - Concession Building As authorized by Your Honorable Body Item No. 62, C.C.P., 7/23/96, I asked for and received the following bids for the Riverside Park - Phase I Concession Building; which were opened and publicly read on June 19, 1996: Contractor Bid The Chesley Corporation $114,700 28 Garden Avenue West Seneca, New York 14224 Maralex, Inc. $119,400 100 River Rock Drive Suite 100 Buffalo, New York 14207 Telco Construction $126,000 496 Pearl Street Buffalo, New York 14202 The Hadala Corporation $128,000 325 Grote Street Buffalo, New York 14207 Nichter Construction $137,000 344 Vulcan Street Buffalo, New York 14207 C.H. Byron Company $143,000 1275 Keller Street Buffalo, New York 14207 Architect's Estimate $102,000 I hereby certify that the foregoing is a true and correct abstract of all bids received for the concession building and that the Chesley Corporation is the lowest responsible bidder in the base bid amount of $114,700. Funds for this project will be available in Community Development Account 200-717-529. I, therefore, recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work by the Chesley Corporation, 28 Garden Avenue, West Seneca, New York, 14224, in the base bid amount of $114,700. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated August 28, 1996, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for Riverside Park Phase I - Concession Building to Chesley Corporation in the amount of $114,700, the lowest responsible bidder. Funds for this project are available in Community Development Account 200-717-529. PASSED AYES - 13 NOES - 0 No. 86 Report of Bids Shiller Park Fence I hereby request permission to take bids for the above project; and have asked for and received the following bids for Shiller Park Fence on August 27, 1996: Company Base Bid Oneida Fence $3,680 Armor Fence $4,447 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low bid of $3,680. Therefore Oneida Fence, 199 Grider St., Buffalo, NY 14215 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the city to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 200-717-075. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated August 27, 1996, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for Shiller Park Fence to Oneida Fence in the amount of $3,680.00, the lowest responsible bidder. Funds for this project are available in Bond Fund 200-717-075. PASSED AYES - 13 NOES - 0 No. 87 Report of Emergency Demolition Bid(s) 235 Alabama, etc Due to the very serious and hazardous condition(s) of the building(s) located at the below stated property(ies), inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building(s) and/or (2) the resulting dangerous and hazardous condition which exist at this(these) location(s), i.e., in accordance with the guidelines outlined in Chapter 113 of the ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on August 9, 1996 and the contract(s) will be awarded to the following lowest responsible bidder(s): ADDRESS and OWNER CONTRACTOR and BID 235 ALABAMA (front ONLY) DELMONTE DEMOLITION Mana Kuriak $3,600.00 481 Casimer West Seneca NY 14206 168 MAPLE AMIRS Harold Jones $4,820.00 55 Grider Buffalo NY 14215 72 SCHOOL GEORGIAN BAY CONTRACT. Randall Filippone $5,900.00 200 North Park Buffalo NY 14216 31 BREMEN CEDAR WRECKING Tomas Class $4,800.00 38 Lowell Buffalo NY 14213 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body, that the cost of the project be charged to the SPECIAL ASSESSMENT FUND #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances of the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE No. 88 Report of Emergency Demolition Bid 29-39 BRIGHTON Due to the very serious and hazardous condition of the fire-damaged building located at the above-stated address, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on July 20, 1996, and that the contract will be awarded to the lowest responsible bidder: ADDRESS and OWNER CONTRACTOR and BID 29-39 BRIGHTON Jacobi Housing Inc. PETER DELMONTE DEMO. 951 Niagara St $13,000.00 Buffalo NY 14213 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your,Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person benefitted, under the provision of Chapter 113 of the Ordinances of the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE No. 89 Report of Emergency Demolition Bids 10 Chenango, etc Due to the very serious and hazardous condition(s) of the building(s) located at the below stated property(ies), inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building(s) and/or (2) the resulting dangerous and hazardous condition which exists at this(these) location(s), i.e., in accordance with the guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on August 2, 1996 and the contract(s) will be awarded to the following lowest responsible bidder(s): ADDRESS and OWNER CONTRACTOR and BID 10 CHENANGO (rear ONLY) ALTERNATIVE DEMOLITION a/k/a 12 Chenango $5890.00 Barbara & Geraldine Basile 10 Chenango Buffalo, NY 14213 35 ESSEX LEBIS ENTERPRISES Pauline J Ferrara $4,600.00 272 Louvoine Dr Kenmore, NY 14223 33 BOX (front& rear) GEORGIAN BAY CONTRACT. Eddie M Roebuck $11,600.00 272 Sycamore Buffalo, NY 14204 494 JEFFERSON YOUNG'S AUTO & HSEWRECK. Otis I Fancher $5,480.00 12845 Broadway Lancaster, NY 14086 138 MONROE (garage ONLY) YOUNG'S AUTO & HSEWRECK. Florence M Davis $5,200.00 92 Roosevelt Buffalo, NY 14215 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body, that the cost of the project be charged to the SPECIAL ASSESSMENT FUND #500-000-002-00000 , and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances of the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE No. 90 Report of Emergency Demolition Bids 212 East St., etc Due to the very serious and hazardous conditions of the buildings whose locations are stated below, 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 conditions that exists at these locations, i.e., in accordance with guidelines outlined in Chapter 113 of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on July 15, 1996 and the contracts will be awarded to the following lowest responsible bidders: ADDRESS and OWNER CONTRACTOR and BID 212 EAST Evelyn L Oatmeyer EASTWOOD INDUSTRIES 12569 Trevett Rd $5,890.00 Springville, NY 14141 314 TRENTON John D Czagany CEDAR WRECKING & SALVAGE 7 Ashland - Apt #312 $3,400.00 Buffalo, NY 14222 20 HARWOOD - FRONT ONLY Larry Owens EASTWOOD INDUSTRIES 42 Landon $2,800.00 Buffalo, NY 14208 210 ADAMS Joseph Courton YOUNG'S AUTO & HSEWRECK. 210 Adams $4,300.00 Buffalo, NY 14206 216 ADAMS Arthur & Bernice Simmons YOUNG'S AUTO & HSEWRECK. 118 Brunswick Blvd $3,870.00 Buffalo, NY 14208 395 GOODYEAR - and Garage Melonese Scott GEORGIAN BAY 84 Deerfield $7,400.00 Buffalo, NY 14215 16 STORZ - and Garage Donnis Holmes (dec) AMIRS c/o Shell Mitchell $6,100.00 16 Storz Buffalo, NY 14208 Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the ordinances. REFERRED TO THE COMMITTEE ON FINANCE No. 91 Report of Emergency Demolition Bid(s) 511 Fillmore, etc Due to the very serious and hazardous condition(s) of the building(s) located at the below stated property(ies), inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structure condition of the building(s) and/or (2) the resulting dangerous and hazardous condition which exists at this(these) location(s), i.e., in accordance with the guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on July 25, 1996 and the contract(s) will be awarded to the following lowest responsible bidder(s): ADDRESS and OWNER CONTRACTOR and BID 511 FILLMORE YOUNG'S AUTO & HSEWRECK. Zenon Tuszynski $8,190.00 c/o Erie County Senior Services 95 Franklin St Buffalo, NY 14202 807 FILLMORE & garage LEBIS ENTERPRISES Russell Jesse Ryder $5,300.00 343 Davey Buffalo, NY 14206 923 FILLMORE & 2 garages AMIRS Kenneth P Urbaniak $7,190.00 P. O.Box 1023 Buffalo, NY 14224 205 MILLS YOUNGS AUTO & HSEWRECK. Daniel C Weber $6,247.00 1620 Niagara Falls Blvd Tonawanda, NY 14150 235 MILLS YOUNG'S AUTO & HSEWRECK. Jose Salgado $4,700.00 133 Knickerbocker Paterson, NJ 07513 35 A ST EASTWOOD INDUSTRIES David L Johnson $4,290.00 35 A St Buffalo, NY 14211 294 BISSELL J. MARTIN Percy & Dorothy Jones $4,100.00 468 Kaymar Dr Amherst, NY 14228 298 BISSELL & garage J. MARTIN Marie Reid $4,100.00 2575 Main St Buffalo, NY 14214 54 NEVADA & garage LEBIS ENTERPRISES Geraldine Russell $5,800.00 59 East Morris Buffalo, NY 14214 352 KOONS LEBIS ENTERPRISES Clarice Lewis $4,800.00 67 East Morris Buffalo, NY 14214 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 #500-00-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances of the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE No. 92 Report of Emergency Demolition Bid(s) 357 Koons Due to the very serious and hazardous condition(s) of the fire-damaged building(s) located at the below stated property(ies), inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the building(s) and/or (2) the resulting dangerous and hazardous condition that exists at this(these) location(s.), i.e., in accordance with the guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on August 9, 1996 and the contract(s) will be awarded to the following lowest responsible bidder(s): ADDRESS and OWNER CONTRACTOR and BID 357 KOONS (front & rear) GEORGIAN BAY CONT. City of Buffalo $9,400.00 Please be 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 CAPITAL PROJECTS FUND #200-241-003-00000. REFERRED TO THE COMMITTEE ON FINANCE No. 93 Report of Emergency Demolition Bids 381 May St. Due to the very serious and hazardous condition of the building located at the above-stated property, inspections were conducted by this department and it was determined that immediate demolition was necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on July 10, 1996 and the contracts will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR AND BID 381 May & Garage AMIRS Geraldine Ford $5,400.00 381 May Buffalo, New York Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE No. 94 Report of Emergency Demolition Bids 89 Sweet, etc. Due to the very serious and hazardous condition of the fire-damaged buildings located at the below-stated addresses, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on July 8, 1996 and that the contracts will be awarded to the lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR AND BID 89 Sweet Lebis Enterprises Roland Wnek $8,700.00 89 Sweet Avenue Buffalo, New York Aggregate Bid 1271 Genesee Lebis Enterprises - $9,300.00 C.D. Dixon -1271 Genesee Buffalo, New York 1275 Genesee Lebis Enterprises - $7,900.00 Abraham Dixon 1275 Genesee - Buffalo, NY 45 Kiefer Lebis Enterprises - $4,200.00 Frank Guido & Thomas Bello 1779 Center - W. Seneca, NY Total Aggregate Bid - 21,400.00 27 Johnson Lebis Enterprises Wilford Billups $6,690.00 PO Box 503 Buffalo, New York Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person benefitted, under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE No. 95 Report of Emergency Demolition 223 Titus Due to the very serious and hazardous condition of the fire-damaged building located at the above-stated address, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on July 16, 1996 and that the contract will be awarded to the lowest responsible bidder: ADDRESS and OWNER CONTRACTOR and BID 223 TITUS Chester Schultz EASTWOOD INDUSTRIES 31 Harmonia $5,300.00 Buffalo NY 14211 Please be further advised that the Sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person benefitted, under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE No. 96 Report of Pre-Demolition Asbestos Removal 1626 Genesee Please be advised that pre-demolition asbestos bid offers were solicited by our department on July 2, 1996 and that the contract will be awarded to the following lowest responsible bidder: ADDRESS and OWNER CONTRACTOR and BID 1626 GENESEE PEERLESS ENVIRON. CONTROL, INC. City of Buffalo $3,500.00 Please be further advised that our department will solicit bids for the demolition of this building upon completion and acceptance of the removal of the asbestos. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Capital Projects Fund #200-241-003-00000. REFERRED TO THE COMMITTEE ON FINANCE No. 97 Bids Pre-Demolition Asbestos Removal 229 Grey, etc. Please be advised that pre-demolition asbestos bid offers were solicited by our department on June 28, 1996 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR AND BID Aggregate Bid 229 Grey - Katie Clay Georgian Bay Contracting 30 E. Utica - Buffalo, NY $136.00 231 Grey - Dorean Klenke 370 Dewey - Buffalo, NY $3,145.00 Total Aggregate Bid $3,281.00 788 Sycamore Peerless Environ. Control Inc. Terry Williams $940.00 640 Norfolk Avenue Buffalo, New York 996 Sycamore Georgian Bay Contracting Joseph Giardina $500.00 9 Parkside West Seneca, NY 171 Bissell Georgian Bay Contracting James Kline $3,180.00 412-23rd St. Niagara Falls, NY 293 Coit Georgian Bay Contracting Marilyn Johnson $2,590.00 193 Hutchinson Buffalo, New York 273 Detroit Georgian Bay Contracting James & Inez Cureton $3,000.00 383 Emslie Buffalo, NY 145 Mills Rear Georgian Bay Contracting Linda Stotz $1,995.00 675 Cayuga Creek Rd. Cheektowaga, New York Please be further advised that our department will solicit bids for the demolition of these buildings upon completion of the removal of the asbestos. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund 500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE No. 98 Bids Pre-Demolition Asbestos Removal 168 Maple, etc. Please be advised that Pre-demolition asbestos bid offers were solicited by our department on July 2, 1996 and that the contracts will be awarded to the following lowest responsible bidders: ADDRESS AND OWNER CONTRACTOR AND BID 168 Maple Georgian Bay Contracting Harold Jones $600.00 55 Grider Buffalo, New York 1044 Smith Peerless Environ. Control Inc. Michelle Smith $2,250.00 126 Waverly Buffalo, New York 38 Howlett Peerless Environ. Control Inc. Joseph Giardina $975.00 9 Parkside Drive West Seneca, New York Please be further advised that our department will solicit bids for the demolition of this building upon completion and acceptance of the removal of the asbestos. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE No. 99 Bid- Pre-Demolition Asbestos Removal 381 May St. Please be advised that pre-demolition asbestos bid offers were solicited by our department on July 8, 1996 and that the contract will be awarded to the following lowest responsible bidder: ADDRESS AND OWNER CONTRACTOR AND BID 381 May Georgian Bay Contracting Geraldine Ford $3,720.00 381 May Buffalo, New York Please be further advised that our department will solicit bids for the demolition of this building upon completion and acceptance of the removal of the asbestos. We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. REFERRED TO THE COMMITTEE ON FINANCE No. 100 Bids Pre-Demolition Asbestos Removal 676 Sycamore, etc. Please be advised that pre-demolition asbestos bid offers were solicited by this department on August 2, 1996 and that the contracts will be awarded to the following lowest responsible bidder(s): ADDRESS and OWNER CONTRACTOR and BID 676 SYCAMORE GEORGIAN BAY CONTRACT. Russell Arnone $700.00 676 Sycamore Buffalo, NY 14212 258 CARL GEORGIAN BAY CONTRACT. Maxwell Raveneff $3,120.00 313 Dewey Ave. #1 Buffalo, NY 14214 782 DIVISION SOUTH GEORGIAN BAY CONTRACT. Patricia Storms $1,900.00 845 Perry Buffalo, NY 14210 101 COIT GEORGIAN BAY CONTRACT. Steven J. Palinski $850.00 63 CLEMO Buffalo, NY 14106 546 WILLIAM GEORGIAN BAY CONTRACT. Jeanne Billups $960.00 77 Richlawn Buffalo, NY 14215 211 GOODYEAR GEORGIAN BAY CONTRACT. James M Pacillo $2,961.00 93 Aris Cheektowaga, NY 14206 277 LAUREL GEORGIAN BAY CONTRACT. Rhonda Renee Butler $4,682.00 9 Beverly Rd Buffalo, NY 14208 Please be further advised that this department will solicit bids for the demolition of this building upon completion and acceptance of the removal of the asbestos. We, therefore, respectfully request that upon approval by your Honorable Body, that the cost of the project be charged to the SPECIAL ASSESSMENT FUND #500-000-002-00000 and that said cost shall be collected against the owner or person in possession benefitted under the provision of Chapter 113 of the Ordinances of the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE No. 101 Correction in Report of Bids School Nos. 23, 41 & 9 Item No. 68, C.C.P., 7/23/96 In CCP Item #68 dated 7/23/96 the bid was incorrectly reported as "Pre-Demolition Asbestos Removal". This bid was solicited for the "Pre-Demolition Asbestos Removal Survey". Please be advised that our department will solicit bids for the pre-demolition asbestos removal on these buildings at a later date. We, therefore, respectfully request the approval of this correction. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated August 6, 1996, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to correct Item No. 68, C.C.P., 7/23/96 to solicit bids for the Pre-Demolition Asbestos Removal Survey. PASSED AYES - 13 NOES- 0 No. 102 Request to Rescind Approval of Demolition 193 Schuele Street Item No. 138, C.C.P., 7/23/96 Our department is requesting your Honorable Body to rescind the approval of the demolition order as reported in CCP Item #138 dated 7/23/96. The owner is in the process of repairing the building located at this address and our department has granted the owner a stay in the demolition order. REFERRED TO THE COMMITTEE ON FINANCE No. 103 Rescind Demolition Bid Offer 175 Tenth Street Item No. 61, C.C.P., 2/16/93 We are requesting your Honorable Body to rescind the bid offer of Integrated Waste Special Services to demolish 175 Tenth Street as reported in CCP Item #61 dated 2/16/93. Our department canceled this bid due to the pending sale of the property. This property was rebid for demolition on 11/15/94 and demolished by J. Martin. Please refer to CCP Item #45 dated 11/29/94. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated August 13, 1996, be received and filed; and That the Commissioner of Community Development be, and he hereby is, authorized to rescind the bid offer of Integrated Waste Special Services to demolish 175 Tenth as reported in Item No. 61, C.C.P., 2/16/93. PASSED AYES - 13 NOES- 0 No. 104 Conrail/City Agreement Reconstruction Exchange Street GR.32 Van Renesselear to Smith Street I hereby request permission from Your Honorable Body for the Commissioner of Community Development to enter into an Agreement with Conrail for the necessary work by Rail Road Forces at the intersection of Smith and Exchange Street. The estimated cost for this work is $10,125, and funds are available in CD Account #200-717-013. The attached Agreement has been reviewed and approved by the Law Department. Mrs. LoTempio moved: That the communication from the Department of Community Development, dated August 8, 1996, be received and filed; and That the Commissioner of Community Development, be and he hereby is, authorized to enter into an Agreement with Conrail for the necessary work by Railroad Forces at the intersection of Smith and Exchange Street. Funds for this work are available in CD Account #200-717-013. PASSED AYES - 13 NOES- 0 No. 105 Increased Penalty - City Property Item No. 191, C.C.P., 7/23/96 With reference to the above subject please be advised I am in full agreement with your honorable body, that the Law Department be requested to prepare an ordinance amendment requiring that all vacant properties be clearly identified as being owned by the City, and that the signage include notification about the enhanced penalties for abusing City properties. I trust this will satisfy your inquiry. If you need any further assistance do not hesitate to give me a call. REFERRED TO THE COMMITTEE ON FINANCE No. 106 Request Information on 136 Hertel Avenue Res. 219, C.C.P., 7/23/96 In response to the above stated Common Council Communication, I would like to supply your Honorable Body with the following information: 136 Hertel Avenue is an ongoing problem for the Division of Inspections, Licenses and Permits. Upon receipt of this Resolution we have instructed the inspection staff to issue a new Notice of Violation and to again begin the Housing Court process. For the Commissioner of Community Development to deem a property uninhabitable, reasonable entry has to be granted. In this case the building is secure. If for some reason, be it necessary entry must be gained by the Department of Police or Fire, the Commissioner may enter the premises, inspect the living conditions and may if he sees fit, declare the building uninhabitable for human occupation. We have also petitioned the Department of Law in reference to this and other similar situations. The Building Codes are written to make the owner of their respective properties responsible for code violations. Often as the age of the homeowners increases, sadly, sometimes their mental capacities to make decisions that directly effect their ability to care for themselves and their property decline. We appreciate the concerns of the residents that live close by to this and other buildings that are the subject of incompetent owners. In the attempt to carry out our assigned charge, we are seeking the input of your Honorable Body for new Legislation to deal with the cases of owners of property deemed incompetent for medical, physical or mental reasons. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 107 V.D. Parker - Complaints - Cond. Property - Jones Bldg. Item No. 76, C.C.P., July 9, 1996 In response to the above stated Common Council communication I would like to supply your Honorable Body with the following information: The building at 402-404 Broadway also known as the Walter L. Jones Building was severely damaged by fire on May 9, 1978. This property has been the subject of numerous court and administrative actions by the Division of Inspections, Licenses and Permits. On August 16, 1983 a Permit to demolish this structure was issued to Mr. Walter L. Jones. Acting upon the concerns of your Honorable body, a demolition hearing was convened on July 2, 1996 in the offices of the Division of Inspections, Licenses and Permits. At that time interested parties were heard expressing their concerns over the condition of this building. Mr. Jones stated at this hearing that without question, that this building should be demolished. On July 9, 1996 a decision to demolish was reached by the hearing officer presiding over this administrative hearing. On July 11, 1996 the Demolition Hearing Result Letter referencing the Demolition Hearing was hand delivered to Mr. Jones informing him that the building be demolished in the interest of public safety. Also on July 11, 1996 a letter of intent was sent to The Division of Inspections, Licenses and Permits, the Honorable Barbara Miller Williams, and the Honorable Beverly Gray. This letter outlines a demolition proposal that would be carried out by the owner. On July 15, 1996 a Pre-Demolition Asbestos Survey was performed. The results of this inspection shows that friable asbestos is indeed present on the site and will have to be removed in conformance with State regulations prior to the commencement of any demolition work. This building has been barricaded to assure public safety. We will await the decision of your Honorable Body before proceeding with our charge. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON FINANCE No. 108 Solicitation of Funds Permit United Children's Fund Item No. 51, C.C.P., 5/28/96 In reference to Item 51, C.C.P., 5/28/96, when an application for Solicitation of Funds is received as per Chapter 316, Article VI of the City of Buffalo Ordinances, the application is reviewed and forwarded to your honorable body for approval or disapproval. RECEIVED AND FILED FROM THE COMMISSIONER OF STREETS No. 109 Equipment Trade-In Following is a list of vehicles we will need Common Council approval in order to trade-in on two upcoming equipment purchases within the next few months: 1. #792 1985 Elgin sweeper - B-41125 2. #793 1985 Elgin sweeper - B-41139 3. #799 1988 Elgin sweeper - A-49981 4. #947 1985 Inter. dump truck B-41121 5. #955 1986 West/Star dump A-76718 6. #958 1986 West/Star dump B-76568 The sweeper specs and the truck chassis specs will be out for bids in the month of July, so we need the approval ASAP. Mrs. LoTempio moved: That the communication from the Department of Street Sanitation, dated July 29, 1996, be received and filed; and That the Commissioner of Street Sanitation, be and he hereby is, authorized to trade-in the following equipment: 1. #792 1985 Elgin sweeper - B-41125 2. #793 1985 Elgin sweeper - B-41139 3. #799 1988 Elgin sweeper - A-49981 4. #947 1985 Inter. dump truck B-41121 5. #955 1986 West/Star dump A-76718 6. #958 1986 West/Star dump B-76568 PASSED AYES - 13 NOES- 0 No. 110 Forgive Grass Cut. Fee - 389 High Item No. 216, C.C.P., July 23, 1996 In answer to resolution, "Forgive Grass Cutting/Foreclosure Fee for the property located at 389 High Street for the year 1991, I wish to advise that this office has no record of this. REFERRED TO THE COMMITTEE ON FINANCE No. 111 Certificate of Appointment Appointment effective July 24, 1996 in the Department of Street Sanitation Charles J. Berthiaume, 1796 A Kenmore Avenue, Buffalo, NY 14216, to the position of Laborer II, Permanent, at the Maximum Starting Salary of $24,096. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION No. 112 Report of Bids Cazenovia Golf Course 1997 Season South Park Golf Course 1997 Season Cazenovia Ice Rink 1996-97 Season Item No. 77, C.C.P., 6/25/96 As authorized by your Honorable Body, this Department prepared plans and specifications for the three (3) above referenced concessions. Advertisement for proposals was handled by the Division of Purchase. The August 20, 1996 bids are as follows: Cazenovia Golf Course Edward Fallon $12,800.00 41 S. Whispering Lane Hamburg, NY 14075 Lucian & Maritza Miller $8,440.00 2568 Route 39 Collins, NY 14034 16 Harding Street Buffalo, NY 14220 South Park Golf Course Lucian & Maritza Miller $6,440.00 2568 Route 39 Collins, NY 14034 16 Harding Street Buffalo, NY 14220 Cazenovia Ice Rink Lucian & Maritza Miller $8,440.00 2568 Route 39 Collins, NY 14034 16 Harding Street Buffalo, NY 14220 Attached please find copies of Purchase Dept tabulation, including a list of potential bidders. I hereby certify the bids and recommend that the concessions be awarded to the highest bidder. Please be advised that the Parks Dept. is very happy with the outcome of these bids: not only do all sites remain with the current concessionaire, but at a much higher annual rent. Both concessionaires are most cooperative and have never defaulted on a rental payment owed the City. I respectfully request your Honorable Body approve the awarding of these three (3) concessions to the highest responsible bidders. Mrs. LoTempio moved: That the communication from the Department of Human Services, Parks & Recreation, dated August 26, 1996, be received and filed; and That the Commissioner of Human Services, Parks & Recreation, be and he hereby is, authorized to award concession contracts for Cazenovia Golf Course 1997 Season to Lucian and Maritza Miller in the amount of $8,440.00, the lowest responsible bidder; South Park Golf Course 1997 Season to Lucian and Maritza Miller in the amount of $6,440.00, the lowest responsible bidder and Cazenovia Ice Rink to Lucian and Maritza Miller in the amount of $8,440.00, the lowest responsible bidder. PASSED AYES - 13 NOES- 0 No. 113 Friendship Festival Financial Report Enclosed is the final budget report for the Friendship Festival held on July 3rd and July 4th, 1996 in La Salle Park. REFERRED TO THE COMMITTEE ON FINANCE No. 114 NYS Department of Criminal Justice Grant Contract Number JT96602700 The Department of Human Services, Parks and Recreation has been awarded $60,000 in funding from the New York State Division of Criminal Justice for a Community Intervention and Treatment for Youth (or CITY) program. The grant is a 12 month award for citywide program. The Department of Human Services, Parks and Recreation and the Police Department have joined in a collaborative effort creating a "front end" community-based juvenile delinquency prevention program. The CITY program will address risk factors youth face associated with crime and violence and offer an integration of services and follow-up for youth and parents/guardians residing in the City of Buffalo. The City Program will work closely with the Police Department's Community Policing Officers, AIM team and DARE officers to involve block clubs, communities and local businesses to intervene among high-risk youth and parents by providing education, assessment/referral and community mobilization. A three year strategy has been designed to mobilize the community involvement in delinquency prevention. The Department of Human Services, Parks and Recreation is requesting the Council to authorize the establishment of an interfund loan of $60,000. A T/A fund will be established to receive the funds. Additionally, I am requesting Council authorize Mayor Masiello to sign and accept this contract. The Contract has already been approved as to form by Corporation Council. Mrs. LoTempio moved: That the communication from the Department of Human Services, Parks and Recreation, dated August 20, 1996, be received and filed; and That the Mayor be, and he hereby is, authorized to enter into an agreement with the New York State Division of Criminal Justice Services for a Community Intervention and Treatment for Youth program for a 12 month award. That the Comptroller be, and he hereby is authorized to provide for an interfund cash loan in the amount of $60,000. A T/A fund will be established to receive the funds. PASSED AYES - 13 NOES- 0 No. 115 Appointment Appointment Effective July 29, 1996 in the Department Of Human Services, Division of Parks, Mark Graci, 1119 West Avenue, Buffalo, NY 14213, to the position of Park Utility Worker, Permanent, at the Intermediate Starting Salary of $26,805. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY No. 116 Approval of Memoranda of Agreements BMHA and Local 264 Blue, White, Managerial Units We respectfully request that your Honorable Body consider and approve the attached Memoranda of Agreements between the BMHA and Local 264, AFL-CIO, AFSCME, representing Blue Collar, White Collar and Managerial Unit employees and amended salary schedules for exempt and non-represented employees of the Buffalo Municipal Housing Authority. The Memoranda of Agreements amend the existing contracts between the parties and provide successor Agreements for the period July 1, 1995 through June 30, 1998. Acceptance of the Contracts was reached with the assistance of a PERB appointed mediator after a prolonged period of negotiations between the parties. Terms of the Agreements are within the parameters of the City of Buffalo's labor agreement representing City Blue Collar Unit employees. The Agreements reflect a zero increase in salary effective July 1, 1995, a lump sum distribution and a 3% (three percent) increase in base salary effective July 1, 1996, and 3% increase in base salary effective July 1, 1997. The amended salary schedules proposed for Exempt and Non-represented employees are identical to the rates proposed for Union employees. The Board of Commissioners of the Authority approved the attached Memoranda of Agreements and the amended salary schedules for exempt and non-represented employees at their regular Board Meeting of August 26, 1996. A certified extract of the minutes of this meeting is attached. In addition to the wage adjustments, the following are the highlights of the Agreements. Medical Insurance - Change the core coverage from Blue Cross/Blue Shield to Independent Health Gold with dependent rider to age 23 at no cost to employees hired prior to 1/1/97. Employees hired after 1/1/97 will contribute $40 per month for family coverage or $20 per month for single coverage. Employees electing an alternate medical plan pay the difference in premiums. Dental Insurance - Upgrade GHI dental coverage to GHI Preferred Plan with 100% prosthetics. Flexible Spending Account - Establish a non-refundable flexible spending account. Automobile Allowance - Change method of reimbursement for use of personal vehicles from a daily rate to a monthly flat rate for designated titles and to mileage based on the IRS rate for all other travel. Tool Allowance - Provide annual tool allowance in the amount of $150 to Laborer II positions. Exterminator License Renewal - The Authority will pay the cost of license renewal for Exterminators. Performance Review - Implement annual performance evaluation for permanent employees. Drug and Alcohol Testing - Implement policy including drug and alcohol testing for represented employees for reasonable suspicion. Flex Hours (Blue & White Collar) - Union agrees to discuss flexible schedules. Maternity Leave (White Collar) - Extend an additional six (6) months. If these Memoranda of Agreements, including the salary and schedules for employees represented by Local 264, and for the exempt and non-represented employees are approved by your Honorable Body and the Mayor, they must then be submitted to the U.S. Department of Housing and Urban Development and the New York State Division of Housing and Community Renewal for their consideration and concurrence. The New York State Division of Housing and Community Renewal requires that your approval of these items include a specific acknowledgment that the operating costs of the Authority's State sponsored Public Housing Program, may incur increases that the City of Buffalo under the loan and subsidy contract must fund in addition to any deficit the Authority may incur in its State sponsored operation. It is anticipated that the net dollar cost of these Agreements and salary schedules for approximately 368 BMHA employees would total approximately $820,290 for three years. The share of this cost to the City for the three year period will total approximately $139,449. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BUFFALO SEWER AUTHORITY No. 117 K. Gemerek - Complaints - Treatment by BSA Item No. 85, C.C.P., July 23,1996 I am in receipt of your correspondence dated July 24, 1996 regarding the above referenced subject. Due to the nature and sensitivity of the Kevin Gemerek case, our legal counsel, James Schmit of Damon & Morey, has advised me to refrain from any comment regarding this matter. Mr. Gemerek is a disgruntled employee, and his case is being handled with the utmost professionalism. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY CLERK No. 118 Mayor Reported Out of State I transmit herewith a communication received by me from the Mayor, reporting his absence from the state from 7:20 a.m., Monday, July 22, 1996 until Tuesday, July 23, 1996 at 10:00 p.m. and from Saturday, August 24th at 8:00 am. until Thursday, August 29th, at 11:00 p.m. RECEIVED AND FILED No. 119 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: Police Dept. Adm. & Finance. RECEIVED AND FILED No. 120 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 81 Abbott Rd. O'Neills Evelyn B. Schroeder Buffalo, NY 14220 307 Louisiana St. Hogan's Pub C. W. Hogan Jr. Buffalo, NY 14204 84 Reiman St. R.R. Rosinski, Inc. Patrick J. Kelleher Buffalo, NY 14206 1580 Genesee SL. Genesee Price John Paul Luhr Buffalo, NY 14211 Choppers Inc. 391-393 Ellicott Warner Bldg. Inc. Patrick A. Cipolla Buffalo, NY 14203 1270 Clinton St. Rileys Peek Inn Katherine M. Riley Buffalo, NY 14206 2090 Genesee St. A. R. Mandarino A. R. Mandarino Buffalo, NY 14211 99 Elmwood Ave. Cybele's Cafe No Name Given Buffalo, NY 14201 141 Elm St. Your Father's Elm St. Dev. Inc. Buffalo, NY 14203 Mustache 1841 Genesee St. Tropical Breeze Theresa W. Perry Buffalo, NY 16 Allen St. Enchante E. McGuire-Chappell Buffalo, NY 14202 No address given Dan's Corner Bar Richard G. Boehm Buffalo, NY 957 Elmwood Ave. Caffe Aroma Marybeth Cullinan Buffalo, NY 14222 69 Delaware Shayleen's CDMV, Inc. REFERRED TO THE COMMITTEE ON LEGISLATION No. 121 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller - JoMarie Barone Public Works - Karl Hawthorn, Jr. Police - Gwendolyn Williams, Deborah Mulhern, Loretta Young, Margaret Dragone Fire - Gordon Grodesky, Calvin Worthy Community Development - Matthew Baudo, Ronald Empric Street Sanitation - Paul Sullivan RECEIVED AND FILED No. 122 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. 123 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 July 19, 1996 in the Department of Common Council to the position of Intern II, Seasonal, at the flat starting salary of $4.25 per hr. Nicholas Deegan, 96 Cantwell, Bflo. 14220 Julie Mccarthy, 174 Shenandoah, Bflo. 14220 Appointment effective July 22, 1996 in the Department of Common Council to the position of Intern II, Seasonal, at the flat starting salary of $4.25 per hr. Darrell Larkin, 423 Vermont St., Bflo. 14213 Tamika Jones, 311 Genesee, Bflo. 14204 Ian A Finn, 82 Wilbury, Bflo 14216 David Danforth, 91 Saranac, Bflo 14216 Marcena Lozano, 15 Winston, Bflo 14216 Appointment effective July 29, 1996 in the Department of Common Council to the position of Intern II, Seasonal, at the flat starting salary of $4.25 per hr. Elizabeth Francoforte, 182 Mariemont, Bflo 14220 Appointment effective August 5, 1996 in the Department of Common Council to the position of Intern II, Seasonal, at the flat starting salary of $4.25 per hr. Keeley Lumadue, 148 Sterling, Bflo 14216 Margaret Gustina, 111 University, Bflo 14214 Appointment effective August 15, 1996 in the Department of Common Council to the position of Intern II, Seasonal, at the flat starting salary of $4.25 per hr. Joel Matthews, 211 May, Bflo 14211 Appointment effective July 22, 1996 in the Department of Common Council to the position of Intern II, Seasonal, at the flat starting salary of $4.25 per hr. Rickie Latham, 54 W. Balcom, Bflo 14209 Appointment effective August 2, 1996 in the Department of Common Council to the position of Intern III, Seasonal, at the flat starting salary of $5.00 per hr. Troy Duncan, 484 Perry, Bflo. 14204 Jeffrey Hill, 68 Hayward, Bflo 14204 Appointment effective August 5, 1996 in the Department of Common Council to the position of Intern III, Seasonal, at the flat starting salary of $5.00 per hr. Jacqueline Hennings, 66 Whitner Pl., Bflo 14203 Appointment effective August 12, 1996 in the Department of Common Council to the position of Intern III, Seasonal, at the flat starting salary of $5.00 per hr. Lilian Imes, 599 Northumberland, Bflo 14215 Appointment effective August 14, 1996 in the Department of Common Council to the position of Intern III, Seasonal, at the flat starting salary of $5.00 per hr. Lynn Meredith, 86 Troupe, Bflo 14210 Appointment effective August 16, 1996 in the Department of Common Council to the position of Intern III, Seasonal, at the flat starting salary of $5.00 per hr. Sharon Meredith, 86 Troupe, Bflo 14210 Appointment effective August 12, 1996 in the Department of Common Council to the position of Intern IV, Seasonal, at the flat starting salary of $6.00 per hr. Karen Bloom, 432 Wyoming, Bflo 14215 Appointment effective August 14, 1996 in the Department of Common Council to the position of Intern IV, Seasonal, at the flat starting salary of $6.00 per hr. Tom Carier, 350 Downing, Bflo 14220 Jean Conlon, 38 Houston, Bflo 14220 Appointment effective August 5, 1996 in the Department of Common Council to the position of Intern V, Seasonal, at the flat starting salary of $8.00 per hr. Lori Ann Rich, 603 Crescent, Bflo 14214 No. 124 Appointments - Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayors Youth Opportunities and Employments Programs. RECEIVED AND FILED Appointment Effective June 11, 1996 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Program to the Position of Intern III, Temporary, at the Flat Starting Salary of $5.00 per hr. Ramon Smith, 326 French St., Buffalo NY 14211 Appointment Effective July 8, 1996 in the Department of Mayor's Office, Division of Youth Opportunity and Employment Program to the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25 Freddy Santos, 61 Maryner, Buffalo NY 14201 Tamara Williams, 271 Easton Ave., Buffalo, NY 14215 No. 125 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 STADIUM & AUDITORIUM DEPARTMENT Appointment Effective July 19, 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 per hr. John M. Palamara, 56 Congress Street, Buffalo, 14213 BOARD OF PARKING Appointment Effective August 24, 1996 in the Department of Mayor Executive, Division of Bd. of Parking to the position of Clerk, Seasonal at the flat starting salary of $5.20 per hr. Jennifer Beier, 37 Haven, Bflo 14211 ASSESSMENT DEPARTMENT Appointment Effective July 22, 1996 in the Department of Assessment to the Position of Clerk, Seasonal, at the Flat salary of $5.20 per hr. Latifa A. Mack, 29 Goulding Ave, Buffalo, NY 14208 DEPARTMENT OF PUBLIC WORKS Appointment Effective August 1, 1996 in the Department of Public Works to the Position of Account Clerk, Temporary, at the flat salary of $5.46 per hr. Kathleen Wachowicz, 81 Barnard Street, Buffalo 14206 Appointment Effective August 1, 1996 in the Department of Public Works, Division of Water, to the Position of Clerk, Seasonal, at the flat salary of $5.20 per hr. Maureen Colern, 154 Cushing Place, Buffalo 14220 Mark T. Hehir, 844 Abbott Rd., Buffalo, 14220 Shirley Jackson, 298 Riley St., Buffalo, 14208 Appointment Effective July 31, 1996 in the Department of Public Works, Division of Engineering, to the position of Laborer I, Seasonal, at the flat salary of $6.22 per hr. Jonathan L. Lalley, 21 Edgewood Avenue, Buffalo, NY 14220 Appointment Effective August 5, 1996 in the Department of Public Works, Division of Engineering, to the position to Laborer I, Seasonal, at the flat salary of $6.22 per hr. Philip E Frederick, 80 Avery, Bflo. 14216 Appointment Effective August 5, 1996 in the Department of Public Works, Division of Engineering, to the position of Sr. lst Class Stationary Engineer, Temporary, at the flat salary of $7.33 per hr. Timothy D Devany, 79 Marine Drive, Apt 8B, Buffalo 14202 Appointment Effective August 9, 1996 in the Department of Public Works, Division of Buildings, to the Position of Sr. First Class Stationary Engineer, Temporary, at the Flat Starting Salary of $7.33 per hr. Keith M. Rathbun, 239 Cumberland Avenue, Buffalo 14220 DEPARTMENT OF LAW Appointment effective Aug. 19, 1996 in the Department of Law, to the position of law clerk, seasonal at the flat salary of $5.85 per hr. Kristin Baudo, 1 Avery Ave., Bflo 14216 DEPARTMENT OF ADMINISTRATION & FINANCE. Appointment effective August 19, 1996 in the Department of Administration and Finance, Division of Labor Relations/Civil Service Commission, to the Position of Clerk, Seasonal, at the Flat Starting Salary of $5.20 per hr. Diane Lemanski, 126 Peabody Street, Buffalo, NY 14210 DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION Appointment Effective July 29,1996 in the Department of Human Services, Division of Parks to the position of Laborer II, Seasonal, at the Flat salary of $6.92 hr. Alra Staples, 57 Plymouth, Buffalo 14210 Appointment Effective August 1, 1996 in the Department of Human Services, Division of Recreation to the position of Laborer II, Seasonal, at the Flat salary of $6.92 per hr. Eric Rhodes, 849 Woodlawn Avenue, Buffalo 14211 Appointment Effective July 24, 1996 in the Department of Human Services, Division of Youth to the position of Attendant, Temporary, at the Flat salary of $4.42 per hr. Josephine LaBruna, 43 Bremen, Buffalo, 14213 Ricky Diaz, 63 Hillery, Buffalo 14210 Carlos Hernandez Vega, 151 Pennsylvania, Buffalo 14201 Gary Watson, 222 Dewitt, Buffalo 14213 Appointment Effective July 23, 1996 in the Department of Human Services, Division of Youth to the position of Attendant, Temporary, at the Flat salary of $4.42 per hr. Philip Mikolajewski, 494 South Ogden, Buffalo 14206 Kelly Kozlowski, 431 Weimar, Buffalo 14206 Tabitha Stroud, 18 Burgard, Buffalo 14211 Appointment Effective July 29, 1996 in the Department of Human Services, Division of Youth to the position of Attendant, Temporary, at the Flat salary of $4.42 per hr. Nicole MacDowell, 172 Sprenger, Buffalo 14211 Chaquita Dozier, 33 Hayward, Buffalo 14204 Appointment Effective August 1, 1996 in the Department of Human Services, Division of Youth to the position of Attendant, Temporary, at the Flat salary of $4.42 per hr. Kelly Allen, 49 Collingwood, Buffalo 14215 Coy DeFoor, 373 Herman, Buffalo 14211 Bertha Terry, 478 Leroy, Buffalo 14215 Shaconda Vinson, 84 Dupont, Buffalo 14208 Amina Zinnerman, 23 Girard, Buffalo 14211 Lawson Garrison, 69 Leslie, Buffalo 14211 Marlond Loman, 21 Floss, Buffalo 14215 Appointment Effective August 5, 1996 in the Department of Human Services, Division of Youth to the position of Attendant, Temporary, at the Flat salary of $4.42 per hr. Shalara Middlebrooks, 141 Leroy, Buffalo 14214 Appointment Effective July 31, 1996 in the Department of Human Services, Division of Youth to the position of Supervisor, Temporary, at the Flat salary of $5.20 per hr. Linda Marchese, 191 Hodge, Buffalo 14222 Appointment Effective July 23,1996 in the Department of Human Services, Division of Youth to the position of Supervisor, Temporary, at the Flat salary of $5.20 per hr. Deborah Mikolajewski, 494 South Ogden, Buffalo 14206 Joseph Golombek Jr., 51 Wyandotte, Buffalo 14207 Appointment Effective August 1, 1996 in the Department of Human Services, Division of Youth to the position of Supervisor, Temporary, at the Flat salary of $5.20 per hr. Steven Porter, 675 Delaware, Buffalo 14202 Appointment Effective August 13, 1996 in the Department of Human Services, Division of Youth to the position of Supervisor, Temporary, at the Flat salary of $5.20 per hr. Clare Rajewski, 115 Quincy, Buffalo 14212 Joseph Rajewski, 115 Quincy, Buffalo 14212 Appointment Effective July 19, 1996 in the Department of Human Services, Division of Recreation to the position of Lifeguard, Seasonal, at the Flat salary of $5.20 per hr. Troy Chambers, 270 Amherst, Buffalo 14207 Amina Tillett, 37 Orange, Buffalo 14204 Joseph Ray, 571 McKinley Pkwy, Buffalo 14220 Appointment Effective July 24, 1996 in the Department of Human Services, Division of Recreation to the position of Supervising Lifeguard, Seasonal, at the Flat salary of $5.98 per hr. Brian Ray, 229 Monroe, Buffalo 14206 Appointment Effective Aug. 1, 1996 in the Department of Human Services, Division of Recreation to the position of Lifeguard, Seasonal, at the Flat salary of $5.20 per hr. Christine Zwawa, 34 Kopernik, Buffalo 14206 Appointment Effective July 25,1996 in the Department of Human Services, Division of Recreation to the position of Laborer II, Seasonal, at the Flat salary of $6.92 per hr. Alvin Thomas, 22 Mapleridge, Buffalo 14215 Appointment Effective July 29,1996 in the Department of Human Services, Division of Recreation to the position of Laborer II, Seasonal, at the Flat salary of $6.92 per hr. Paul Crowley, 40 Portland, Buffalo 14220 Edward Cudeny, 103 Harrison, Buffalo 14210 Nancy Standish, 68 Crescent, Buffalo 14214 DEPARTMENT OF GENERAL SERVICES Appointment effective August 8, 1996 in the Department of General Service, Division of Inventory & Stores, to the position of Laborer II, Seasonal, at the flat salary of $6.92 per hr. Traci Dandridge, 60 Glor St., Buffalo, NY 14207 DEPARTMENT OF CITY CLERK Appointment effective July 28, 1996 in the Department of City Clerk to the position of Dog Enforcement Clerk, Seasonal, at the flat salary of $6.22 per hr. Susan M. Bence, 128 Herkimer St., Buffalo, NY 14213 No. 126 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE DEPARTMENT OF PUBLIC WORKS Appointment Effective August 1, 1996 in the Department of Public Works, Division of Engineering, to the Position of Communication Specialist, Temporary at the Minimum Starting Salary of $25,421. Michael Agostino, 44 Tacoma Avenue, Buffalo, NY 14216 Appointment Effective August 12, 1996 in the Department of Public Works, Division of Engineering, to the position of Laborer II, Temporary, at the Minimum Starting Salary of $21,193. Tony Campbell, 208 Wohlers Avenue, Buffalo, NY 14208 Appointment Effective September 3, 1996 in the Department of Public Works, Division of Water, to the Position of Dispatcher, Temporary, at the Minimum Starting Salary of $24,426. Lizbeth Vandusen, 1169 Hertel Avenue, Buffalo 14216 Appointment Effective August 26, 1996 in the Department of Public Works, Division of Buildings, to the Position of Laborer II, Permanent, at the Minimum Starting Salary of $10.15. Michael F. Buttitta, 50 Commonwealth Ave., Buffalo 14216 Terry Campbell, 262 High Street, Buffalo 14204 Michael J. DiNardo, 246 St. Lawrence Ave., Buffalo 14216 James A. Mascari, 290 Sterling Avenue, Buffalo 14216 William E. McKnight, 1736 Hertel Avenue, Buffalo 14216 Thomas M. Smith, 566 La Salle Avenue, Buffalo 14215 Appointment Effective: August 29, 1996 in the Department of Public Works, Division of Buildings, to the Position of Building Code Specialist, Provisional, at the Minimum Starting Salary of $32,948. Gwen A. Howard, 9 Malta Place, Buffalo 14201 DEPARTMENT OF POLICE Appointment Effective July 22, 1996 in the Department of Police to the Position of Laborer I, Permanent, at the Minimum Starting Salary of $9.29 per hr. Darrell J. Wisniewski, 46 Redmond Avenue, Buffalo 14216 Appointment Effective July 22, 1996 in the Department of Police to the Position of Chief of Staff, Provisional, at the Flat Starting Salary of $69,000. Kevin J. Comerford, 5076 Lake Shore Road, Hamburg 14075 Appointment Effective July 22, 1996 in the Department of Police, to the position of Chief of Patrol, Provisional, at the Flat Starting Salary of $ 69,000 Crystalea Burns-Pelletier, 8674 Bonview Terrace, Clarence 14221 Lawrence M. Ramunno, 4610 Sawmill Road, Clarence, 14031 Appointment Effective July 24, 1996 in the Department of Police to the Position of Police Officer, Permanent, at the Minimum Starting Salary of $31,792. Danielle R. Bratton, 770 West Ferry , Buffalo 14222 Monte R. Montalvo, 64 Trowbridge Street, Buffalo 14220 Nicholas A. Mourgas, 159 Southside Parkway, Buffalo 14220 Ronny A. Blatchford, 18 Ridgewood Rd., Buffalo 14220-2224 Lori A. Kmidowski, 97 Payne Avenue, Buffalo, 14220-2224 Robert S. Joyce, 87 Kimberly Avenue, Buffalo 14220-2224 Linda D. Stanchak, 110 Stevenson Street, Buffalo 14220-2224 William C. Small, 276 Hoyt, Buffalo 14213 Duane E. Luchey, 182 Lisbon Avenue, Buffalo 14214 Dorian M. McKnight 72 Inwood Place, Buffalo 14209 Appointment Effective August 6, 1996 in the Department of Police to the Position of Police Officer, Permanent, at the: Minimum Starting Salary of $31,792. Joseph Doxbech, 230 Parker Avenue, Buffalo 14214 David M. Piech, 33 Simon Street, Buffalo 14207 Terence P. Dolan 54 Homer Ave., Buffalo 14216 Kevin T. Biggs, 138 Woodward Ave., Buffalo 14214 Daniel P. Horan, 11 Stevenson Street, Buffalo 14220 Michael J. DiVito, 46 Manchester Place, Buffalo 14213 Daniel R. Meegan 35 Montrose Ave., Buffalo 14214 John P. Kaska, 97 Susan Lane, Buffalo 14220 John P. Molenda, 100 Sattler Avenue, Buffalo 14211 Joseph A. Gramaglia, 901 West Avenue, Buffalo 14213 Christopher W. Kessler, 262 Tuscarora Road, Buffalo 14220 David A. Poleon, , 330 Herkimer Street Buffalo 14213 Robert E. Lee III,18 West Cleveland Dr., Buffalo 14215 Louis A. Kelly, , 1363 Delaware Avenue #3M, Buffalo 14209 Barbara A. Walz, 29 Olcott Avenue, Buffalo 14220 Dawn M. Musielak, 67 Grimes Street, Buffalo 14212 Margaret J. Dragone, 251 Hancock Avenue, Buffalo 14220 Sheryl A. Waller, 25 Wright Avenue, Buffalo 14215 Brian K. Patterson, 365 Newburgh Avenue, Buffalo 14215 Michael R. Beavers, 1 B Camelot Court, Buffalo 14214 Edwin L. Garris, 179 Roehrer Avenue, Buffalo 14208 Appointment Effective July 22, 1996 in the Department of Police to the Position of Permanent Police Captain, Permanent, at the Flat Starting Salary of $57,021. Albert Damiani, 683 Baseline Rd., Grand Island 14072 Appointment Effective July 22, 1996 in the Department of Police to the Position of Police Captain, Contingent Permanent, at the Flat Starting Salary of $57,021. Mark S. Antonio, 96 Ladner Street, Buffalo 14220 Appointment Effective July 22, 1996 in the Department of Police to the Position of Police Lieutenant, Contingent Permanent, at the Flat Starting Salary of $49,769. Arturo Salas, 297 West Avenue Buffalo 14201 Appointment Effective August 19, 1996 in the Department of Police to the Position of Police Lieutenant, Permanent, at the Flat Starting Salary of $49,769 Patrick S. O'Mara, 726 Amherst Street, Buffalo 14216 Arturo Salas, 501 Niagara Street, Buffalo 14201 Patrick Mann Jr., 284 Miami Street, Buffalo 14214 Appointment Effective July 22, 1996 in the Department of Police to the Position of Permanent Police Lieutenant, at the Flat Starting Salary of $49,769. Norman G. Hartman, 15 Country Place, Lancaster 14086 Appointment Effective August 19, 1996 in the Police Department to the Position of Report Technician, Temporary, at the Minimum Starting Salary of $21,126. Carrie Price, 88 Ivy Street, Buffalo 14211 Maureen Wojtanik, 416 Eden Street, Buffalo 14220 Appointment Effective August 12, 1996 in the Department of Police to the Position of Public Safety Dispatcher, Permanent, at the Minimum Starting Salary of $24,414. Salvatore A. Polizzi Jr., 55 Lakeview Avenue, Buffalo 14201 Appointment Effective September 3, 1996 in the Department of Police to the Position of Assistant Accountant, Permanent, at the Minimum Starting Salary of $26,230. John W. Stanchak, 293 Abbott Road, Buffalo 14220 FIRE DEPARTMENT Appointment Effective August 12, 1996 in the Department of Fire to the Position of Fire Lieutenant, permanent, at the flat Starting Salary of $48,310 Michael McCarthy, 115 Roundtrail Road, West Seneca 14224 Scott Gurney, 10435 Trevett Road, Springville 14141 Appointment Effective August 12, 1996 in the Department of Fire to the Position of Fire Captain, permanent, at the flat Starting Salary of $50,763. Thomas Fitzpatrick, 421 Woodside, Buffalo 14220 Michael Swanekamp, 239 Pinewood Drive, W.Seneca 14224 Appointment Effective August 12, 1996 in the Department of Fire to the Position of Battalion Chief, permanent, at the flat Starting Salary of $55,349 James Kelly , 238 Fawn Trail, West Seneca 14224 Appointment Effective July 22, 1996 in the Department of Fire to the Position of Battalion Chief, contingent permanent, at the flat Starting Salary of $55,349 Louis Gandy, 62 Maria Lane, West Seneca 14224 Appointment Effective July 29, 1996 in the Department of Fire to the Position of Division Chief, permanent, at the flat Starting Salary of $60,906. Edward Craver , 5972 Old Orchard, Hamburg 14075 Appointment Effective August 16, 1996 in the Department of Fire to the Position of Communication Specialist, temporary, at the minimum Starting Salary of $25,421. Ronald W. Breier, 32 Hubbell Avenue, Buffalo 14220 Appointment Effective August 16, 1996 in the Department of Fire to the Position of Communication Electrician, permanent, at the minimum Starting Salary of $26,704. Ronald LoTempio, 359 So Ogden, Buffalo 14206 Appointment Effective August 20, 1996 in the Department of Fire to the Position of Fire Captain, contingent permanent, at the flat Starting Salary of $50,763. James Hynes, 85 Mumford, Buffalo 14220 Daniel Kunz, 8355 Hollyhill Ct., Eden 14057 Appointment Effective August 20, 1996 in the Department of Fire to the Position of Battalion Chief, contingent permanent, at the flat Starting Salary of $55,349. Charles Mullins, 80 Hickory Rd., Elma 14059 DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION Appointment effective July 29, 1996 in the Department of Human Service, Division of Youth, to the position of Assistant Financial Officer, Permanent, at the minimum starting salary of $26,396. John Rusnak, 64 Brinton, Buffalo 14214 Appointment effective July 31, 1996 in the Department of Human Service, Division of Parks, to the position of Laborer II, Permanent, at the minimum starting salary of $10.15 per hr. Kenneth Stevens, 106 Timon, Buffalo 14211 Appointment effective August 6, 1996 in the Department of Human Service, Division of Parks, to the position of Laborer II, Permanent, at the minimum starting salary of $10.15 per hr. Kenneth Stevens, 106 Timon, Buffalo 14211 Appointment effective August 12, 1996 in the Department of Human Service, Division of Parks, to the position of Laborer II, Permanent, at the minimum starting salary of $10.15 per hr. Jose Medero, 322 Plymouth, Buffalo 14213 DEPARTMENT OF GENERAL SERVICES Appointment effective July 29, 1996 in the Department of General Service, Division of Purchase, to the position of Jr. Buyer, Provisional, at the minimum starting salary of $24,576. Gail Lis, 98 Athol, Buffalo 14220 DEPARTMENT OF CITY CLERK Appointment effective August 28, 1996 in the Department of City Clerk to the position of Laborer I, Permanent, at the minimum starting salary of $9.29. Russell C. Payne, 208 Commonwealth, Buffalo 14216 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 127 BENEFICIAL HOMEOWNER SERVICE CORP. Give 107 Welker St. to City Please be advised that I am interested in giving a gift to the city. The property is located at 107 Welker St. in the city of Buffalo. At present little taxes are owed so it is not up for a foreclosure sale. Please advise if any additional information is needed in order to consider this gift. RECEIVED AND FILED No. 128 AMTRAK Concerns Service at Buffalo Exchange Street Thank you for your letter of June 17 to Amtrak's President Thomas M. Downs, expressing concern about rumored cutbacks of passenger rail service at Buffalo's Exchange Street Station. As the President of the Northeast Corridor, who oversees operations in New York, Mr. Downs has asked me to respond to your concerns. I want to assure you that these rumors are unfounded. While Amtrak is in the process of scrutinizing all of our operations closely, adjusting service where necessary, and cuffing costs wherever possible, there are currently no plans to abandon service at Buffalo Exchange Street. I appreciate your interest. As you know, we did have to make adjustments to the hours of staffing at Buffalo Exchange Street earlier this year, due to serious fiscal pressures. After hearing from State and Federal elected representatives, as well as from people like you, we reexamined all of our services and restored some of the hours we had proposed to eliminate at this station. As Amtrak -- under direction from Congress and President Clinton -- reduces its reliance on federal operating support and operates more and more like a private business, we will continue to scrutinize all expenditures closely. We are also working to increase revenues wherever possible, through more aggressive commercial development of our resources, increased ridership (providing a product people want to buy), and more market-based pricing policies. In short, we are looking to streamline operations as well as maximize revenues. We will continue this process, and your comments are appreciated because they help us make these decisions in the wisest possible manner. Thank you again for writing. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION COUNSEL No. 129 BEDC Sale of 621 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 August 23, 1996. The BEDC has received an offer to purchase the vacant lot at 621 Genesee Street from A.B.C. Brake Company, Inc. for possible future expansion of their business. A.B.C. operates their business out of 635 Genesee Street, and owns three adjacent parcels to the subject property. The subject property is located on the south side of Genesee Street, near Jefferson Avenue. The proposed sale price approved by the BEDC Board is $5,000, or $.706 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. A description of the transaction is attached. The BEDC Board of Directors approved the sale at their August 28, 1996 meeting, contingent upon Common Council approval. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 130 BEDC Six Month Progress Report We are hereby attaching for your information a copy of the BEDC six month progress report. Please contact me if you have any questions regarding the attached. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 131 BFLO & FT. ERIE BRIDGE AUTHORITY Vacant Property at 173 Porter Avenue Item No. 174, C.C.P., July 9, 1996 Further to your correspondence received by the authority on July 18, 1996 and the attached resolution referenced as 174, we submit the following response. The property referred to as 173 Porter Avenue is not owned by the authority, however we believe the property is owned by Ammex Duty Free International, Inc. If the Common Council would like the authority to contact Ammex, we would be pleased to do so on your behalf. REFERRED TO THE COMMITTEE ON LEGISLATION No. 132 CITY COURT Request Information on 136 Hertel Avenue Res. No. 219, C.C.P., July 23, 1996 In response to the above resolution adopted by your Honorable Body, I dismissed the charges against the property owner, Robert Conboy, because I was required to do so pursuant to Section 9.43 of the New York State Mental Hygiene Law. Mr. Conboy was returned to my courtroom in handcuffs after having been apprehended on two of my bench warrants with a forensic mental health report indicating that he was exhibiting more than sufficient factors as delineating Section 9.43 of the Mental Hygiene Law so as to require civil commitment to an appropriate mental health facility and dismissed of the charges. Perhaps the sponsor of the resolution should pursue relief as outlined in the "final resolve" of his resolution and seek a departmental hearing, called for the emergency demolition of 136 Hertel Avenue. Thank you for your formal inquiry and interest in this matter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 133 CONRAIL Encroachment - Tifft St. Overpass Item No. 22, C.C.P., July 9, 1996 This letter is in response to your correspondence dated July 10, 1996 concerning "Encroachment Tifft St. Overpass" (#22, C.C.P. July 9, 1996). In your letter you requested comments from Conrail regarding this item which was discussed at the July 9, 1996 Committee on Legislation meeting. At this time I am able to confirm that Conrail is negotiating with BOC Process Plants to allow them to construct an 18,000 foot, 10" nitrogen line along Conrail Right of Way. We are presently reviewing plans for this project. It is our understanding that BOC Process Plants hopes to begin construction on this project sometime in September this year. Councilmember Coppola, I hope this information is helpful to the Committee on Legislation. Please don't hesitate to contact me if I may be of further assistance. REFERRED TO THE COMMITTEE ON LEGISLATION No. 134 R. CORBETT TCI - Problem with Installation Attached please find a letter from R. Corbett regarding problems he has had with installation with TCI. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATION, T.C.I. AND THE CORPORATION COUNSEL No. 135 COUNCIL STAFF EAF - Establishment Of User Fee Attached please find for Council review, consideration and adoption, a draft environmental assessment form as required under SEQRA for the action of adopting the local law and ordinance amendments that have been filed with the Council pertaining to the establishment of a user fee for the public collection of solid waste. ADOPTED No. 136 ERIE CO DEPT. OF ENVIRONMENT & PLANNING SEQR Lead Agency The County of Erie hereby concurs that the Buffalo City Council should serve as lead agency under SEQRA for the action of adopting the items noted above. Please coordinate directly with Dr. Arnold N. Lubin, Commissioner of the Erie County Department of Health, regarding any involvement of that department. RECEIVED AND FILED No. 137 FAITH CHAPEL CHURCH OF THE GOSPEL MINISTRY Waive Foreclosure Charges - 761-763 Sycamore Street I'm writing you in regards to the property at 763 Sycamore Street. The Buffalo Sanitation Department said that they cut the grass at 763 Sycamore Street and they sent a bill to the church but we never received it. Maybe it got lost in the mail or was returned back to the Sanitation Department. If we had received this notice, we would have brought to their attention the fact that we take the responsibility of cutting our own grass and we also cut the grass on the opposite side which doesn't belong to us but makes the church presentable. The only way we were aware of the foreclosure of the church was because we were sent a tax bill for 1996 along with a foreclosure notice. I contacted Mr. Martin F. Kennedy of the Property Assessment at City Hall regarding the tax bill. At the time of the appointment, we discussed the matter of the tax bill and he also brought to my attention that the church was in foreclosure. He called the Sanitation Department and talked with the person in charge. During the conversation Mr. Kennedy was told the charges would be dropped, but after a few days they changed their minds. I'm pleading to the Common Council that I am willing to pay the $98 so could you please accommodate me and drop the foreclosure charges. I hope we can resolve this matter as soon as possible and I thank you very much for your time and consideration. Any correspondence may be sent to my home address, 21 Montana Avenue, Buffalo, New York 14211. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF STREET SANITATION AND THE COMMISSIONER OF ASSESSMENT No. 138 GOOD NEIGHBOR COMMITTEE Encroachment - Tifft St. Overpass Item No. 22, C.C.P., July 9. 1996 In response to your letter of July 19, 1996, please be advised that we are unable to state that BOC Gases is in good standing with the Good Neighborhood Committee. The Committee had negotiated and drafted a Good Neighbor Agreement with the local representatives of BOC Gases, but the company declined to sign the agreement at the last minute. While the company has indicated that it is open to further discussion with the Committee, a signed agreement is out of the question, at this point. The Committee is disappointed with this decision. In reference to the proposed gas pipeline between BOC Gases and Bethlehem Steel, the Good Neighbor Committee is concerned with the impact development of the pipeline may have on the Buffalo River and surrounding areas. We understand that the Army Corps of Engineers has studied some of the areas through which the pipeline would run and it has accumulated a substantial amount of information. The Committee would recommend that the Company be required to prepare an Environmental Impact Statement, which we would then be interested to review along with any relevant information developed by the Army Corps. At the very least, the Committee would like BOC Gases to implement adequate safeguards to protect the community and the River in the event they encounter any hazardous substances in constructing the pipeline. REFERRED TO THE COMMITTEE ON LEGISLATION No. 139 D. HENDRYX Change Name - 16th Street to Union Pl. We are writing to you, first, to tell you that we appreciate all you are doing in our council district. We need someone that truly cares about the West Side. We are writing to you today, to ask for your help in a matter that concerns our neighborhood on Sixteenth Street. We don't know if you are aware of the fact that our little block of Sixteenth Street, between Richmond Avenue and York Street was originally named Union Place. There was also a Union Street, and due to confusion, our street's name was changed to Sixteenth Street on March 20, 1893. We have enclosed a copy of the record of Sixteenth Street. We believe that it would be beneficial to the neighborhood, and the City of Buffalo, to preserve it's history, and return our street to it's original name of Union Place. We have enclosed the original petition that is signed by nine out of ten homeowners. Copies have been sent to Mayor Masiello and Barbara Kavanaugh. We realize that there were some problems with the street name change of Seventh Street to Columbus Parkway. However, we are only asking to return our street to it's original name, and under the circumstances, no one should be offended. Our neighborhood is a close knit community, encompassing York Street and West Summer Street. We have recently formed a block association called the York Street Community Association, which includes residents of all three streets. We are interested in preserving the historic beauty of our neighborhood, and believe that the return to Union Place would benefit our community. We realize that this is not a small undertaking, but we hope that you will be able to support us with this request. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL No. 140 THE LA GROUP Update - Fiber Optic Cable Enclosed is a permit modification which includes required coordination and investigation of historic and archaeological resources along the route. In 1996, the fiber optic cable will be installed between Syracuse and Buffalo. Also, clearing of shrubs and survey work will be completed between Syracuse and Albany in 1996 followed by construction of that segment in 1997. In Buffalo, the last portion of the route has been moved to utilize a different set of existing underground cable ducts. These modifications do not change the overall construction impacts of this project and the New York State Department of Environmental Conservation permit was issued for the period between June 20, 1996 and June 20, 1998. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS No. 141 NYSDOT No Impact Report - Delaware Ave. Reconstruction The New York State Department of Transportation is developing design studies on the proposed reconstruction of NY Route 384, Delaware Avenue from West Delavan Avenue to Nottingham Terrace and the replacement of the Delaware Avenue bridges over Scajaquada Creek (BINS 2-04724-1 and 2-04724-2). The total length of the project is 0.95 mile in the City of Buffalo, Erie County. The Federal Highway Administration has made a Finding of No Significant Impact based on the Design Report/Environmental Assessment and comments received on the Design Report/Environmental Assessment and from the April 16, 1996 public hearing in accordance with the provisions of section 102 (2)(c) of the National Environmental Policy Act of 1969, P.D. 91-190 (NEPA). Copies of the Finding of No Significant Impact and the Final Design Report/Environmental Assessment are available for review and copying during business hours at the offices of: Regional Director, 125 Main Street, Buffalo, New York 14203; the FHWA Division Engineer, Leo W. O'Brien Federal Building, Clinton Avenue and North Pearl Street, Albany, New York 12207; David J. Swarts, Erie County Clerk, 95 Franklin Street, Buffalo, NY 14202, Charles L. Michaux, City Clerk, Buffalo City Hall, Buffalo, NY 14202; Buffalo & Erie County Public Library, North Park Branch, 2351 Delaware Avenue, Buffalo, NY 14216; Buffalo & Erie County Public Library, Central Library, Lafayette Square, Buffalo, NY 14203. REFERRED TO THE COMMITTEE ON LEGISLATION No. 142 NYSABC Illegal Activity At Establishments Licensed to Sell Alcoholic Beverages Thank you for sending me a resolution adopted by the Common Council of the City of Buffalo regarding illegal activity at establishments licensed to sell alcoholic beverages. I appreciate hearing from you on this matter. The State Liquor Authority is aware of the problem outlined in the Council's resolution, and we have been actively involved in the Fillmore District Task Force since its inception. As you may know, the task force is investigating off-premises licensees in the City of Buffalo. Our participation in this effort will be ongoing. Additionally, your resolution requests that we develop a process to receive and investigate complaints against licensed establishments. Please be assured that such a process is currently in place and is utilized. Any citizen in your region who has a complaint against a licensed premises may contact the State Liquor Authority's Enforcement Bureau, 125 Main St., Buffalo, NY 14203, to provide specific information on the nature of the complaint. Our investigators will then commence an investigation and if it is determined that the Alcoholic Beverage Control Law has been violated, the Authority can bring charges against the licensee. The State Liquor Authority does not condone any illegal activity at licensed premises and will do everything the law allows to take appropriate action when violations occur. Thank you for bringing the concerns of the Common Councilmembers to my attention. REFERRED TO THE COMMITTEE ON FINANCE No. 143 NIAGARA MOHAWK Municipalization of Electric Service It is our understanding that the Common Council's Committee on Legislation is preparing to vote on a resolution that would commit the City to a specific course of action regarding municipalization of electric service. Before this vote is taken, we believe there is much more information that you and your fellow council members should hear and consider. The electric utility industry in New York State is undergoing significant change. A competitive marketplace is literally just around the corner, and the City is wise to begin examining the best available options to take advantage of the new way of doing business. However, municipalization would commit the City to a course we believe would not be in the best interest of city government or the taxpayers because it would increase risk and still not guarantee lower electric prices. The attached document briefly outlines the major reasons why municipal takeover would be such an enormous risk. We would appreciate the opportunity to meet with you and your staff to discuss these views in more detail and will be contacting your office in the next few days to arrange a meeting at your convenience. Thank you in advance for your time and consideration. Please contact us in the meantime if you have any questions or need additional information. REFERRED TO THE COMMITTEE ON LEGISLATION No. 144 NIAGARA MOHAWK Freedom of Information Law Request Under the provision of the New York State Freedom of Information Law, Article VI of the Public Officers Law, we hereby request copies of all resolutions, local laws or other actions authorizing, relating to or addressing in any way whatsoever the City of Buffalo's establishment of a municipal electric utility and/or the acquisition of Niagara Mohawk's electric utility distribution system located within or without the City of Buffalo. We further request copies of all reports, studies, documents, correspondences, contracts, or records leading to, supporting, in connection with, or germane to the economic viability of such resolutions, local laws or other actions. As you may be aware, the Freedom of Information Law requires that you respond to the above information request within five (5) days of receipt of this letter. Therefore, we would appreciate a response as soon as possible and look forward to hearing from you shortly. If for any reason any portion of this request is denied, please inform us of the reason for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed. Thank you. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY CLERK No. 145 ROSWELL PARK Modernization Program M/BWE Minority Participation Enclosed please find the corrected percentage total regarding M/WBE participation statistics for the Roswell Park Modernization Program. Discard any previous pages received before the noted correction. If you have any questions about this report do not hesitate to call our office. Thank you. RECEIVED AND FILED No. 146 S. RZEPKOWSKI Complaint - Use of 250 Kensington Attached is a letter opposing the use of the former Hewitt-Robbins site for dumping and sorting debris material from demolished homes, etc. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF ADMINISTRATION & FINANCE No. 147 SOLID GROUNDS Banner - Elmwood Ave. Solid Grounds ... Coffee in the city, at 431 Elmwood Avenue @ Bryant Street is requesting permission to hang a banner from one side of Elmwood Avenue to the other side of Elmwood Avenue in the Rite-Aide to Solid Grounds area. The event is a fund raiser for Children's Hospital and has been approved by Children's Hospital. The event will be held on Friday, September 13, 1996. It is my understanding that it can go to Common Council on September 3rd. I have been in touch with Councilman Coppola's office as well as Barbara Kavanaugh and David Granville. I also have a copy of the city regulations regarding banners. Thank you in advance for your cooperation. Mrs. LoTempio moved: That the communication from Maureen Ann Porter of Solid Grounds, dated August 16, 1996, be received and filed; and That the Common Council grants permission to the event sponsors to erect a banner pursuant to the conditions set forth by the Commissioner of Public Works and the Corporation Counsel. PASSED AYES - 13 NOES - 0 No. 148 TCI OF NEW YORK, INC. Notification of Fox News Channel to Replace C-SPAN II TCI of New York is pleased to announce that on October 7th we will launch Fox News Channel on Channel 44 as an Expanded Basic Cable Service. There will be no change in our customers' current rates as a result of this channel addition. To make room for this new channel, TCI will temporarily move WWOR, currently on Channel 44, to Channel 26 where it will replace C-SPAN II. C-SPAN II will be deleted from our channel line-up. TCI is excited to be the first in the industry to offer this service to its customers. Fox News Channel is a 24-hour cable news network that uses the worldwide resources of the third largest media company in the world, News Corporation. The new channel will now bring cable customers an additional news resource and its own perspective on what is happening in the world around us. Additionally, Fox has also created an interactive component that will allow viewers to respond through their personal computers to the news. This can happen the instant a news item is reported, with their questions often answered right there on the air. With two 24-hour news channels, TCI of New York customers will have a more complete view of the news with which to make informed decisions. We are notifying our customers of these changes within the required legal time-frame via a bill insert, throughout August. Attached is a copy of this bill insert for your records. If you have any questions, please give me a call at 843-8090. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS No. 149 TWIN CITY AMBULANCE License Correction As you know, Twin City Ambulance has been involved in a 5 year battle with the New York State Dept. of Health to restore Erie County to our license. I am pleased to inform you that our license has been "corrected" as of July 2, 1996, and it is now in our possession. On behalf of the Clark family and the staff at Twin City Ambulance, we would like to thank you for your assistance in this very delicate and important process. The overwhelming support from the Common Council has provided the residents of Buffalo with a healthy competitive environment for pre-hospital care. In our preparations to service the City of Buffalo, Twin City is looking to purchase a 10,000 sq. ft. building in North Buffalo. We have also purchased new vehicles and currently are awaiting their arrival. Again, thank you for your tireless efforts and we are looking forward to providing Erie County with the best in pre-hospital care. RECEIVED AND FILED PETITIONS No. 150 Mobil Oil, Co-Owner Petition to use 3198 Main Pole/Wall signs REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 151 H. Gantzer Petition to use 32 Fuhrmann Pagoda REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 152 T. McCarthy, Owner Petition to use 356 Hopkins Electroplating Process Operation REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 153 H. & L. Cohen, Owners Petition to use 1340-42, aka 1346 South Park Avenue Equipment/Process Material Storage REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 154 ECIDA/BOC Group, Owners Petition to use 95 Katherine Compressor House & Pipeline REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 155 C.B.B.B. Ltd. Part. (Tops), owner Petition to use 345 Amherst St. Retail Store REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 156 Genuine Parts Company, Owner Petition to use 2110 Elmwood Pole Sign REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 157 Effie Edwards and Others Request City Pave St. Louis St. and Repair Sidewalk REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS No. 158 Rosalind Jacobs and Others Request Repaving of East Utica REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS No. 159 James Nelson and Others Oppose Half-way Houses on E. Utica St. REFERRED TO THE COMMITTEE ON LEGISLATION No. 160 W. Primm and Others Oppose Proposed Halfway Houses for Masten District REFERRED TO THE COMMITTEE ON LEGISLATION No. 161 Mary Winters and Others Complaints - Condition of 34 Moeller St. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF POLICE RESOLUTIONS No. 162 By: Mr. Coppola Erect Banner Celebrating Deaf Awareness Week Whereas: St. Mary's School for the Deaf is hosting the 5th Annual "Breaking the Sound Barrier" 5K Run and Fun Walk on Sunday, September 22, 1996; and Whereas: This will kick-off a week-long schedule of events around the city celebrating Deaf Awareness Week, September 22-28; and Whereas: Organizers of the event have requested permission to hang a banner across Main Street between light poles #2384 to #2385. Now Therefore Be It Resolved That: This Common Council grants permission to the organizers of the 5th Annual "Breaking the Sound Barrier" 5K Run and Fun Walk to hang a banner advertising the event across Main Street between light poles #2384 and #2385 providing the banner meets all requirements of all pertinent city departments and violates no existing laws or ordinances. PASSED AYES - 13 NOES - 0 No. 163 By: Mr. Czajka Salary Ordinance Amendment 70-0 Department Of Street Sanitation 011-Collection of Refuse The Common Council of the City of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 70-0-011 Department of Street Sanitation - Collection of Refuse is hereby amended by adding thereto: 1 Director of Refuse and Recycling $38,000-$40,948 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. WE, VINCENT J. LOVALLO, Commissioner of 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 position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Edward Peace Corporation Counsel PASSED AYES - BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12 NOES - COPPOLA - 1 No. 164 By: Mr. Czajka Salary Ordinance Amendment 06 - Department Of Administration & Finance 2 - Division of Administrative Adjudication 001 - Administrative Adjudication The Common Council of the City of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 06-2-001 Department of Administrative Adjudication - Division of Administrative Adjudication - Administrative Adjudication which reads: 3 Admin. Code Enforce. Officer $22,944-$25,792 1 Admin. Code Enforce. Officer (P. Sole Only) $22,944-$25,792 is hereby amended to read: 3 Ordinance Compliance Officer $22,944-$25,792 1 Ordinance Compliance Officer (P. Sole Only) $22,944-$25,792 WE, EVA M. HASSETT, Commissioner of Administration and Finance, 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 position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Edward Peace Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 165 By: Mr. Franczyk Transfer of Funds Department of Audit and Control That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $500 be and the same is hereby transferred within the Department of Audit and Control and said sum is hereby reappropriated as set forth below: From: 100 - General Fund 04 - Department of Audit and Control 1 - Audit 001 - Audit Services 114 - Overtime $500 To: 100 - General Fund 04 - Department of Audit and Control 1 - Audit 085 - Exempt Items 982 - Operating Equipment - Air Conditioner $500 PASSED AYES - 13 NOES - 0 No. 166 By: Mr. Franczyk Transfer of Funds Community Development - Bond Funds That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $20,000 be and the same is hereby transferred from the Department of Community Development - Capital Projects Fund and said sum is hereby reappropriated as set forth below: From: 200 Capital Projects Fund 71 - Department of Community Development 7 - Division of Development 026 - City Wide Tree Planting $20,000 To: 200 Capital Projects Fund 71 - Department of Community Development 0 - Department of Community Development 501 - Japanese Garden$20,000 PASSED AYES - 13 NOES - 0 No. 167 By: Mr. Franczyk Transfer of Funds Mayor & Executive - Division of Planning Human Services, Parks & Recreation That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $75,579 be and the same is hereby transferred from the Mayor & Executive and the Division of Planning and said sum is hereby reappropriated as set forth below: From: 100 General Fund 03 - Mayor and Executive Department 0 - Executive 002 - Office of Compliance 110 - Salaries, Regular$72,644 125 - Longevity Increments 585 406 - Office Supplies - Auth Vendor 90 580 - Non-Professional Personal Service 660 590 - Printing and Copying Interdepartmental 40 71 - Department of Community Development 1 - Division of Planning 002 - Community Development Planning 125 - Longevity Increments 1,560 Total $ 75,579 To: 100 General Fund 50 - Department of Human Services, Parks & Recreation 0 - General Administration 002 - Human Service Administration 110 - Salaries, Regular$72,644 125 - Longevity Increments 2,145 406 - Office Supplies - Auth Vendor 90 580 - Non-Professional Personal Service 660 590 - Printing and Copying Interdepartmental 40 Total $ 75,579 PASSED AYES - 13 NOES - 0 No. 168 By: Mr. Franczyk Transfer of Funds Mayor & Executive - Zoning Board of Appeals 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 $300 be and the same is hereby transferred from the Mayor & Executive, Zoning Board of Appeals and said sum is hereby reappropriated as set forth below: From: 100 General Fund 03 - Mayor and Executive Department 4 - Zoning Board of Appeals 021 - Zoning Board 403 - Photographic and Drafting Supplies $300 To: 100 General Fund 03 - Mayor and Executive Department 4 - Zoning Board of Appeals 085 - Exempt Items 982 - Operating Equipment$300 PASSED AYES - 13 NOES - 0 No. 169 By: Mr. Franczyk Transfer of Funds Division of Purchase - Exempt Items Division of Inventory and Stores - Exempt Items That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $2,255 be and the same is hereby transferred within the Department of General Services and said sum is hereby reappropriated as set forth below: From: 100 - General Fund 10 - Department of General Services 1 - Division of Purchase 085 - Exempt Items 982 - Operating Equipment$2,255 To: 100 - General Fund 10 - Department of General Services 4 - Division of Inventory and Stores 085 - Exempt Items 982 - Operating Equipment$2,255 PASSED AYES - 13 NOES - 0 No. 170 By: Mr. Franczyk Bond Resolution $1,250,000 Bonds Construction & Rehabilitation, 1120 Seneca Street Account 200-401 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,250,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of the garage building located at 1120 Seneca Street, at the estimated total cost of $1,250,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Two Hundred Fifty Thousand Dollars ($1,250,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of the garage building, located at 1120 Seneca Street. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,250,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Construction & Rehabilitation, 1120 Seneca Street, 1996-97", Bond Authorization Account No. 200401, and shall be used for the of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,250,000. 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) This existing buildings is of a Class "C" construction as defined by Section 11.00 a.11.(b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.12.(a)(3) of the Local Finance Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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: September 3, 1996 LAID ON THE TABLE No. 171 By: Mr. Franczyk Bond Resolution $250,000 Bonds Reconstruction Curbs, Sidewalks - Niagara District Account 200-401 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $250,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of curbs and sidewalks in the Niagara District, at the estimated maximum cost of $250,000, 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 Two Hundred Fifty Thousand Dollars ($250,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of partial reconstruction of curbs and sidewalks in the Niagara District. 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 $250,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Reconstruction Curbs, Sidewalks Niagara District 1996-97 ", Bond Authorization Account No. 200-40 1, 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 $250,000. 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.24. of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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: September 3, 1996 LAID ON THE TABLE No. 172 By: Mr. Franczyk Bond Resolution $200,000 Bonds Reconstruction Curbs, Sidewalks-Ellicott District Account 200-401 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $200,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of curbs and sidewalks in the Ellicott District, at the estimated maximum cost of $200,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Thousand Dollars ($200,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of partial reconstruction of curbs and sidewalks in the Ellicott District. 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 $200,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Reconstruction Curbs, Sidewalks Ellicott District 1996-97", Bond Authorization Account No. 200-401, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $200,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the 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.24. of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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: September 3, 1996 LAID ON THE TABLE No. 173 By: Mr. Franczyk Bond Resolution $150,000 Bonds Reconstruction Curbs, Sidewalks-South District Account 200-401 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $150,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of curbs and sidewalks in the South District, at the estimated maximum cost of $150,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Fifty Thousand Dollars ($150,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of partial reconstruction of curbs and sidewalks in the South District. 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 $150,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Reconstruction Curbs, Sidewalks South District 1996-97", Bond Authorization Account No. 200-401, 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 $150,000. 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.24. of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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: September 3, 1996 LAID ON THE TABLE No. 174 By: Mr. Franczyk Bond Resolution $150,000 Bonds Reconstruction Curbs, Sidewalks-University District Account 200-401 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $150,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of curbs and sidewalks in the University District, at the estimated maximum cost of $150,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Fifty Thousand Dollars ($150,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of partial reconstruction of curbs and sidewalks in the University District, 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 $150,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Reconstruction Curbs, Sidewalks University District 1996-97", Bond Authorization Account No. 200-401, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $150,000. 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.24. of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity 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: September 3, 1996 LAID ON THE TABLE No. 175 By: Mr. Franczyk Resolution Repealing $100,000 Serial Bonds Reconstruction, in Part, of School #3 Account: 299-970-079 Resolution repealing, revoking and rescinding in whole bond resolution heretofore adopted by this Common Council on January 5, 1993, Item No. 155 authorizing the issuance of $100,000 School Serial Bonds of said City, to finance the cost of Reconstruction, in Part, of School #3, at the estimated maximum cost of $100,000. Whereas, this Common Council heretofore adopted a bond resolution on January 5, 1993, Item No. 155 authorizing the issuance of $100,000 School Serial Bonds of said City, to finance the cost of Reconstruction, in Part, of School #3, at the estimated maximum cost of $100,000 (Account No. 299-970-079); and Whereas, no bonds or bond anticipation notes have been issued pursuant to said bond resolution; Now, Therefore, Be It Resolved, That the bond resolution heretofore adopted by this Common Council on January 5, 1993, Item No. 155 authorizing the issuance of School Serial Bonds of said City, to finance the cost of Reconstruction, in Part, of School #3, at the estimated maximum cost of $1 00, 000 be and hereby is in whole repealed, revoked and rescinded, except to the extent that any indebtedness shall already have been contracted or encumbrances made thereunder for the objects or purposes for which such resolution authorize the issuance of obligations; and Be It Further Resolved, that the repeal, revocation and rescission of said Bond Resolution shall in no way be construed to invalidate any expenditures made, liabilities incurred, obligations issued, or any action taken pursuant to said Bond Resolution. PASSED AYES - 13 NOES - 0 No. 176 By: Mr. Franczyk Resolution Repealing $120,000 Serial Bonds Improvements to School #71 Account: 299-970-090 Resolution repealing, revoking and rescinding in whole bond resolution heretofore adopted by this Common Council on January 5, 1993, Item No. 157 authorizing the issuance of $120,000 School Serial Bonds of said City, to finance the cost of Improvements to School #71, at the estimated maximum cost of $120,000. Whereas, this Common Council heretofore adopted a bond resolution on January 5, 1993, Item No. 157 authorizing the issuance of $120,000 School Serial Bonds of said City, to finance the cost of Improvements at School #71, at the estimated maximum cost of $120,000 (Account No. 299-970-090); and Whereas, no bonds or bond anticipation notes have been issued pursuant to said bond resolution; Now, Therefore, Be It Resolved, That the bond resolution heretofore adopted by this Common Council on January 5, 1993, Item No. 157 authorizing the issuance of School Serial Bonds of said City, to finance the cost of Improvements to School #71, at the estimated maximum cost of $120,000 be and hereby is in whole repealed, revoked and rescinded, except to the extent that any indebtedness shall already have been contracted or encumbrances made thereunder for the objects or purposes for which such resolution authorize the issuance of obligations; and Be It Further Resolved, that the repeal, revocation and rescission of said Bond Resolution shall in no way be construed to invalidate any expenditures made, liabilities incurred, obligations issued, or any action taken pursuant to said Bond Resolution. PASSED AYES - 13 NOES - 0 No. 177 By: Mr. Franczyk Resolution Repealing $380,000 Serial Bond Reconstruction of Heating System at Various Schools Account: 200-970-069 Resolution repealing, revoking and rescinding in whole bond resolution heretofore adopted by this Common Council on March 13, 1990, Item No. 240 authorizing the issuance of $380,000 School Serial Bonds of said City, and the Provision of $20,000 Current Funds as a down payment, to finance the cost of Reconstruction at Various Schools at the estimated maximum cost of $400,000. Whereas, this Common Council heretofore adopted a bond resolution on March 13, 1990, Item No. 240 authorizing the issuance of $380,000 School Serial Bonds of said City, and the Provision of $20,000 Current Funds as a down payment, to finance the cost of Reconstruction of Heating Systems at Various Schools, at the estimated maximum cost of $400,000 (Account No. 200-970-069) and Whereas, no bonds or bond anticipation notes have been issued pursuant to said bond resolution; Now, Therefore, Be It Resolved, That the bond resolution heretofore adopted by this Common Council on March 13, 1990, Item No. 240 authorizing the issuance of $380,000 School Serial Bonds of said City, and the Provision of $20,000 Current Funds as a downpayment, to finance the cost of Reconstruction of Heating Systems at Various Schools, at the estimated maximum cost of $400,000 be and hereby is in whole repealed, revoked and rescinded, except to the extent that any indebtedness shall already have been contracted or encumbrances made thereunder for the objects or purposes for which such resolution authorize the issuance of obligations; and Be It Further Resolved, that the repeal, revocation and rescission of said Bond Resolution shall in no way be construed to invalidate any expenditures made, liabilities incurred, obligations issued, or any action taken pursuant to said Bond Resolution. PASSED AYES - 13 NOES - 0 No. 178 By: Mr. Franczyk Resolution Amending $7,864,095 Bond Resolution Acquisition of Waterfront School from UDC Account: 299-970-001 Resolution amending bond resolution heretofore adopted by this Common Council on June 14, 1994, Item No. 196 authorizing the issuance of $7,864,095 School Serial Bonds of said City, for the Acquisition of Waterfront School from UDC at the estimated maximum cost of $7,864,095. Whereas, this Common Council heretofore adopted a bond resolution on June 14, 1994, Item No. 196 authorizing the issuance of $7,864,095 School Serial Bonds of said City, for the Acquisition of Waterfront School from UDC, at the estimated maximum cost of $7,864,095 (Account No. 299-970-001), and Whereas, bonds in the amount of $7,860,000 were issued on December 21, 1994, pursuant to said bond resolution; Whereas, we only borrowed what was needed for the Acquisition of Waterfront School from UDC; Now, Therefore, Be It Resolved, That the bond resolution passed by the Common Council on June 14, 1994, Item No. 196 authorizing the issuance of $7,864,095 School Serial Bonds of said City, at the estimated maximum cost of $7,864,095 be and is hereby amended to rescind the $4,095 School Serial Bond authorized by unissued; and Be It Further Resolved, that the amendment said Bond Resolution shall in no way be construed to invalidate any expenditures made, liabilities incurred, obligations issued, or any action taken pursuant to said Bond Resolution. PASSED AYES - 13 NOES - 0 No. 179 By: Mr. Franczyk Vandalism at Franczyk Park Whereas: Night-time vandals, car thieves, and gangs of hoodlums seem to regularly "take-over' the City Park on Lewis St., named after former Council Member, Parks Commissioner, and tennis star, Gus Franczyk; and, Whereas: The park cost almost a half million dollars to construct, is adjacent to the Dulski Community Center and across the street from the newly dedicated Tom Wojnar Senior Citizen Apartments and Precious Blood Church- and, Whereas: In addition to damaging the Park time and time again, the thugs have also vandalized and "graffiteed" the Dulski Center and they routinely initiate raucous dope and drinking parties, and, Whereas: Residents have reported for many months that a ring of car thieves has been operating in and near the Precious Blood community; Now Therefore Be It Resolved: That the Department of Police report on the number of arrests that have taken place of vandals and car thieves in the Precious Blood neighborhood; Be It Further Resolved: That the Police, Parks Department, and Community Development report on any joint plan to: (1) break the back of the car thief ring; (2) sweep out and arrest all "partyers" and vandals in the Franczyk Park; (3) implement security measures such as lighting and other safeguards to discourage hanging out in the park after hours. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF COMMUNITY DEVELOPMENT, THE COMMISSIONER OF POLICE AND THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION No. 180 By: Messrs Franczyk, Brown, Zuchlewski and Mrs. LoTempio, Williams License Delicatessens Whereas: City Council Members and various City departments have received numerous citizen complaints regarding violations of Health and Building Codes, sale of drug paraphernalia and shoddy appearance at neighborhood delicatessens; and, Whereas: A number of delicatessens have opened without obtaining the proper Change of Use or Building permits; and, Whereas: In response to these complaints, Fillmore District Council Member Franczyk created a Task Force comprised of Federal, State, County and local agencies; among them: Buffalo Police Department, led by Captain James Cudney, Officers Kevin Maloney and Jim Szczur U.S. Immigration and Naturalization Service U.S. Department of Agriculture U.S. Attorney's Office N.Y.S. Department of Taxation and Finance N.Y.S. Department of Agriculture and Markets N.Y.S. Liquor Authority and Alcohol Control Board Erie County District Attorney Erie County Health Department City Corporation Counsel City Department of Community Development City Division of Inspections, Licenses & Permits Whereas: During the past six months, member agencies of the Task Force have embarked on a Pilot Inspection Program focusing on stores located within Precinct I 1; and, Whereas: Inspections of over ten different establishments have resulted in the seizure of illegal weapons, drug paraphernalia, untaxed cigarettes, illegal fireworks, a substantial amount of contaminated foodstuff, as well as the arrest of a number of illegal immigrants; and, Whereas: As part of the Pilot Program, City Building Inspectors and County Health Inspectors have cited store owners for a substantial amount of violations of Building and Health codes; and, Whereas: It is suspected that there are stores in other parts of the City of Buffalo that also may be found guilty of aforementioned violations; and Whereas: Masten District Council Member Byron Brown has recently called for the expansion of the Precinct I I's Pilot Program into the Masten District; and, Whereas: Currently delicatessens are not required to obtain any sort of permit to operate as such within the City; and, Whereas: The Licensing of delicatessens would discourage unscrupulously and poorly managed stores on a regular basis; and, Whereas: The Building Trade Inspectors Association Local 2651 has also gone on record in favor of such legislation, therefore; Let It Be Resolved: That This Council request the Corporation Counsel to draft legislation aimed at Licensing and requiring a Certificate of Operation for the operation of Delicatessens in the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL No. 181 By: Mr. Helfer Erect Banner - Hertel Ave. - Holy Angels Academy Run Whereas: Holy Angels Academy is sponsoring its First Annual Women's 5K Run on Sunday, October 20, 1996; and Whereas: The run, to benefit the school, is being billed as a "Run for the Angels" and will begin at 10 AM at the school at 24 Shoshone Drive, following a course along Shoshone, Taunton, Saranac, Tacoma, Carmel, and Hertel before concluding at the point of origin; and Whereas: Organizers of the run request that they be allowed to hang a promotional banner across Hertel Avenue at Shoshone in front of the school; Now, Therefore, Be It Resolved: That this Common Council grants permission to the event sponsors to erect a banner pursuant to the conditions set forth by the Commissioner of Public Works and the Corporation Counsel. PASSED AYES - 13 NOES - 0 No. 182 By: Mrs. Lockwood Removal of Promotional Signs Whereas: Promotional signs are necessary and useful tools which individuals, groups and businesses use to advertise garage sales, street sales, carnivals, lawn fetes and other events; and Whereas: These signs are often placed on trees, lamp posts, street signs and makeshift posts located on public property; and Whereas: This form of free advertising is a privilege which should be granted only on the condition that the signs and all attachments, including but not limited to tape, nails and posts, be removed within 24 hours after the end of the event; and Whereas: Prompt removal of these signs is a common courtesy and a responsibility of the parties who posted them; and Whereas: When these signs are not removed, they become an eyesore and often have to be removed by residents; Now, Therefore, Be It Resolved: That the Common Council directs the Corporation Counsel to draft an ordinance amendment containing the following: 1. Promotional signs, including but not limited to signs for garage sales, street sales, carnivals, lawn fetes and other events, must be removed within 24 hours after the completion of the advertised event. 2. If promotional signs are not removed within 24 hours after the completion of the advertised event, the Office of Administrative Adjudication shall remove the sign and issue a summons for ordinance violation. 3. That for purposes of enforcing this ordinance, a rebuttable presumption shall arise that a promotional sign has been posted by the individual, group or business which resides or is located at the address on the promotional sign. ADOPTED No. 183 By: Ms. Lockwood SEQRA Training for City Officials Whereas: Correctly following the State Environmental Quality Review Act (SEQRA) is becoming an increasingly important part of the city's business; and Whereas: The Buffalo Environmental Management Commission has offered to provide a free training seminar (or seminars) for city officials on the provisions of SEQRA; and Whereas: In order to protect the environment and to avoid delayed or ruined projects or the setting of undesirable precedents, it is important that city officials are knowledgeable about SEQRA and consistent in their application of it- and Whereas: The proposed EMC seminars promise to be a positive step forward for the city's understanding and application of SEQRA; and Now, Therefore, Be It Resolved That: This Common Council requests the Buffalo Environmental Management Commission to file a proposal with the City Clerk for a seminar (or seminars) to train city officials on the State Environmental Quality Review Act. ADOPTED No. 184 By: Ms. Lockwood Moratorium on Wireless Telecommunications Facilities Whereas: The Federal Communications Commission recently auctioned licenses to provide Personal Communication Services (PCS) in the Buffalo area to Sprint Spectrum, L.P., A T & T, and Omnipoint; and Whereas: In order to provide those services, Sprint Spectrum is seeking to place a number of antennae on top of tall structures or build new towers throughout the area; and Whereas: The Telecommunications Act of 1996 has maintained local governments' ability to make zoning decisions about wireless telecommunications facilities, as long as they do not discriminate among competing providers, do not prohibit such services, act on any requests in a reasonable period, make any denial based upon evidence in a written record, and do not take into consideration the impact of frequency emissions upon humans or the environment; and Whereas: At least one court case in the state of Washington has upheld the right of a municipality to impose a 6-month moratorium on these towers and antennae until zoning requirements addressing wireless telecommunications facilities can be developed; and Whereas: The neighboring towns of Amherst and Cheektowaga have recently enacted moratoriums to delay the proliferation of these facilities until standards and guidelines can be established; and Whereas: It is in the best interests of the health, safety and welfare of the City of Buffalo to place a temporary moratorium upon these facilities until this relatively new issue can be thoroughly researched and fair and reasonable zoning ordinances or other legislation can be prepared; Now, Therefore Be It Resolved: That the City of Buffalo declare a Telecommunications Towers Moratorium, immediately, for a period of 90 days following the passage of this resolution; and Be It Further Resolved: That no permits be issued for the erection or construction and no construction be permitted of communication towers or antennae, mobile service antennae, or personal wireless service facilities on the ground or on the top of any building or other structure in the City of Buffalo; and Be It Further Resolved: That during this period the Office of the Corporation Counsel work with the Common Council and all other involved City departments to develop legislation which will address land use concerns and comply with the Telecommunications Act of 1996, and file such legislation with the City Clerk no later than November 7, 1996; and Be It Finally Resolved: That the City Clerk be directed to forward certified copies of this resolution to the Commissioners of Public Works and Community Development, the Chairman of the Zoning Board of Appeals, the Chairman of the City Planning Board, and the Corporation Counsel, and publish a public notice of the passage of this resolution. ADOPTED No. 185 By: Ms. Lockwood Payment of Certain Small Claims Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a spec procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount and Whereas, the subject claims are eligible for consideration under the said procedure; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof; Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, that said payment be charged against the "Judgment and Claims Account" in the Department of Law. 1. Arc & Comm Claim for payment of prior fiscal year Invoice #7576 for services rendered to the Fire Department for telephone repairs. $65.00 2. Dennis H. Block Claim for loss of garbage cans at 19 Villa Avenue. $23.98 3. Virginia Chavers Claim for damage to a vehicle by a white substance thrown into the garbage truck on Lisbon Avenue$13.00 4. Mary E. Dagonese Claim for damage done to a parked vehicle at 759 Amherst Street. City crews were filling potholes and some fresh tar was spattered on the vehicle. $91.80 5. International Institute of Buffalo, Inc. Claim for payment of prior fiscal year Invoice #5046 for interpreting services rendered to the Police Department. $20.00 6. Barbara Lesanti Claim for loss of garbage can at 20 Junior Avenue. $10.00 7. Christopher Mach Claim for a medical bill for Mr. Mach who was employed as a Crew Chief under the summer intern program from Councilmember Zuchlewski's Office. He was cutting grass and weeds in the Niagara Street/Riverside Park area near the Thruway and was exposed to an irritant and broke out in a rash all over the exposed parts of his body. $70.00 8. United Parcel Service Claim for payment of prior fiscal year Invoice #19960525-3 for services rendered to the Buffalo City Clerk's Office. $94.25 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED AYES - 13 NOES - 0 No. 186 By: Mrs. LoTempio and Mr. Helfer City of Buffalo Local Law No. (1996) Introductory No. 12 (1996) A LOCAL LAW amending article six and article fifteen of the Charter of the City of Buffalo in relation to the establishment and administration of a system to provide user fees for the public collection of solid waste. 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: By adding to article six, the following: PUBLIC COLLECTION BOARD OF APPEALS Sec. 109-ll. Public Collection Board of Appeals. The public collection board of appeals shall determine appeals from the determinations of the commissioner of street sanitation regarding billing of solid waste user fees. Sec. 109-mm. Appointment, Term and Removal The Mayor shall appoint five (5) qualified electors of the city shall consist of five (5) qualified electors of the City of Buffalo who shall be appointed by the Mayor, and shall be removable at the pleasure of the Mayor. The Mayor shall designate from among the members of the public collection board of appeals the chairperson of the public collection board of appeals and may, from time to time, change such designation. The chairperson of the public collection board of appeals so designated shall be the head of the public collection board of appeals. The term of appointed members shall be three years, except that of the members first appointed, of whom three (3) appointees shall be appointed for a term of three (3) years and the remainder of the appointees shall be appointed for terms of one (1) and two (2) years respectively. Each appointed member shall serve until that person's successor is appointed and qualified. Vacancies on the board shall be likewise filled for the unexpired portion of such term by the Mayor. Sec. 109-nn. Duties and Powers The public collection board of appeals shall hear and decide appeals of any determination by the commissioner of street sanitation of a classification and/or billing complaint regarding the public collection of solid waste. A quorum of not less than three (3) members of the public collection board of appeals must be present in order for the board of appeals to make a decision. The public collection board of appeals may, from time to time, establish its rules and regulations for its proceedings and procedures. An owner dissatisfied with the determination of the commissioner of street sanitation shall have the right to appeal by filing a written notice of appeal with the public collection board of appeals. The public collection board of appeals shall conduct appeals at places and times determined by the board. Upon the presentation of admissible evidence, the public collection board of appeals shall determine whether the billing or property classification decision of the commissioner of street sanitation was correct. Upon making that determination, the public collection board of appeals shall also determine the appropriate billing or property classification and direct the city to refund such sums that the public collection board of appeals determines were overpaid. Section 2. That article fifteen of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: By amending the first unnumbered paragraph of section 292 to read: The commissioner of street sanitation shall have the supervision and management of all the affairs of the department of street sanitation. He shall be charged with and exercise the following powers and duties, to wit: The cleaning by sweeping and/or flushing with water, including the control by either removal or displacement of snow and ice accumulations thereon, of all public streets, alleys, roadways and highways; the control, direction, management and coordination, including the planning and designing, of all programs for the removal, displacement, or prevention of snow and ice accumulations or icy conditions on all public streets, alleys, roadways and highways, which programs shall be filed with the common council by November first of each year, and for any of the other activities of the department; the removal [and delivery] to the department of public works for [destruction and/or] disposal, of [ashes, garbage, rubbish or other materials] solid waste; the maintenance, regulation and control of vacant lots; the regulation and control of all [garbage or rubbish] solid waste collection, including the inspection of structures and premises where the same are stored in connection therewith, and the enforcement of applicable state laws and ordinances relating to the same or relating to any of the other activities of the department of street sanitation; orderly administration of all applicable state and local laws and ordinances regulating solid waste collection, recycling and the maintenance of vacant lots in the City; add to or delete from list of recyclable materials and establish rules and regulations regarding the separation, preparation, collection, transport and disposal of recyclable materials in accordance with state and local law and ordinances; the elimination, regulation and disposal of pests, including rats and pigeons; the inspection of structures and premises in connection therewith; the removal and disposal of dead animals and carcasses from streets and public [grounds] places; the management and control of the operation of the [dog pound] animal shelter, including the performance of all duties required for the proper seizure and impounding of [dogs] animals and for the destruction or sale thereof. The commissioners of police, public works, parks, fire, and all other city agency heads shall cooperate fully with the commissioner of street sanitation in carrying out the functions of this department. Section 3. That new Sections 293 through 294.5 be added to read as follows: Sec. 293. Public Collection User Fees. A. Pursuant to the City of Buffalo's home rule powers, the City of Buffalo hereby establishes user fees to fund the public collection of solid waste and maintenance of vacant lots. There shall be user fees for commercial users and residential users, Commercial users, unlike residential users, vary widely in the quantity and nature of the waste discarded, whereas residential users generally have similar types and quantities of solid waste, thus a single standard may be established for public collection of residential solid waste and user fee rates for that type of solid waste. Many commercial users, including industrial property owners, institutional property owners, governments, apartment and multiresidential complex owners, have existing contracts with duly licensed solid waste collectors which the City does not intend to disturb. B. The council shall have the power to enact appropriate authorizing ordinances or resolutions for user fees for the public collection of solid waste, and the commissioner of street sanitation is authorized to adopt appropriate rules and regulations pursuant to this Section and pursuant to local laws, ordinances, or resolutions adopted pursuant to this Section. The fees charged pursuant to this Section shall be in such amounts as shall apportion the entire cost of the solid waste collection and disposal services, and such other services as the commissioner of street sanitation by regulation may include, such as the clearing of vacant lots, to and among the users of such services in a fair and equitable manner. The factors for such apportionment may include the costs of both collecting solid waste and clearing vacant lots, the fees charged to the City for disposal of solid waste, administrative and labor costs, capital costs for maintaining the system, the frequency of collection, the type of waste collected, revenues derived from recycling, other sources of revenue, fixed and incremental costs of service, and other appropriate factors. Sec. 294. Public Collection of Residential Solid Waste. A. No person, except City employees in the performance of their official duties City contractors, shall engage in the collection of residential solid waste. No solid waste collector or regulated substance collector shall collect residential solid waste unless authorized by the commissioner of street sanitation. B. The department of street sanitation shall collect and dispose of residential solid waste originated in the City, as further limited by this Article. The department of street sanitation shall not collect infectious waste, regulated materials, regulated medical waste, or hazardous waste. The commissioner of street sanitation may promulgate relations covering the items of collection of solid waste, and such other matters pertaining to the public collection and disposal of solid waste as he or she may deem necessary, provided that such regulations are not contrary to the provisions of this Article. C. Residential solid waste shall not be accumulated except in accordance with the regulations of the commissioner of street sanitation and prepared by owners and occupants in accordance with the provisions of this Article. Sec. 294.1. Residential User Fees. A. There shall be established residential user fees for collection of solid waste as to be provided in Chapter 175, Fees, of the Code of the City of Buffalo. B. All residential users shall be billed for public solid waste collection and disposal services. The billing of residential user fees shall be subject to audit pursuant to the Code of the City of Buffalo and the rules and regulations of the commissioner. C. All residential user fees are payable in advance and shall be due on the first day of the period for which service is provided; and if not received within ten (10) days of the due date, there shall be added to that bill a collection processing charge as provided in Chapter 216, Garbage, Rubbish and Refuse Code of the City of Buffalo, interest shall accrue daily at the rate of one and one-half percent (1.5%) per month from the due date on the total amount owing until paid in full, and any fees, charges. and costs of collection, including (without limitation) attorney's fees, will be in addition to the amount owing. D. The bill shall be rendered as an annual statement with provision for both payment in its entirety of the annual amount stated or by payment of a quarterly statement. If the owner chooses to pay the quarterly installment, that quarterly payment must be made within ten (10) days of the due date. E. In the event a user fee bill is referred to an collection agency the collection agency's charges shall be added to the fees with interest due and owing. Sec. 294.2 Unpaid Residential User Fees. Unpaid residential user fees, including interest, costs, administrative and legal expenses, and collection charges incurred, shall be the personal liability of the owner and shall also be a lien upon the real property in connection with which solid waste collection is offered as and from the due date for services billed and to be offered in the fiscal year commencing on that date. Notwithstanding any ordinance or local law to the contrary, this lien shall be superior to any and all other liens, excepting those for general taxes and local assessments, and shall have equal priority with liens imposed for water charges, which lien can be enforced by foreclosure proceedings instituted at the expiration of one (1) year from the date of the creation of the lien, in addition to and notwithstanding any and all other remedies available to the City for the collection of unpaid user fee bills. Sec. 294.3. Public Collection of Commercial Solid Waste. A. The department of street sanitation shall collect and dispose of commercial solid waste originating in the City, as further limited by this Article. The department of street sanitation shall not collect industrial waste, infectious waste, regulated materials, regulated medical waste, or hazardous waste. The commissioner of street sanitation may promulgate regulations covering the items of collection of solid waste and the fees charged therefor, and such other matters pertaining to the public collection and disposal of solid waste as he or she may deem necessary, provided that such regulations are not contrary to the provisions of this Article. B. Commercial solid waste shall not be accumulated except in accordance with the regulations of the commissioner of street sanitation and shall be prepared by owners and occupants in accordance with the provisions of this Article. C. Commercial users must provide for the lawful collection and disposal of waste. Commercial users may elect to be serviced by solid waste collectors or the department of street sanitation. Commercial users not serviced exclusively by the department of street sanitation must submit to the commissioner the name and duly licensed solid waste collector who is providing collection and disposal services for such user and that such collection is being made at a frequency determined by the commissioner from time to time to be consistent with public health, safety and general welfare requirements. Submission of such name shall establish a rebuttable presumption that such user shall not place solid waste at the curbline for public collection. Disclosure of the identity of the solid waste collector or the regulated substance collector or the serviced commercial user shall be deemed to be disclosure of trade secrets or information derived from a commercial enterprise disclosure of which would cause substantial injury to the competitive position of the subject enterprise for purposes of Article 6 of the New York State Public Officers Law (the Freedom of Information Law) and the federal Freedom of Information Act, 5 U.S.C. 552. Failure to provide for adequate collection and disposal services in accordance with this Article shall constitute a violation. D. Commercial users who produce industrial waste, infectious waste, regulated materials, regulated medical waste or hazardous waste must have such waste collected by regulated substance collectors and that collection must be made at a determined by the commissioner from time to time to be consistent with public health, safety and general welfare requirements. Failure to provide for adequate collection and disposal services in accordance with this Article shall constitute a violation. Sec. 294.4. Commercial User Fees. A. The fees for public collection of commercial solid waste shall be determined or negotiated by the commissioner of street sanitation billing of which is subject to service review pursuant to the rules and regulations promulgated by the commissioner; provided, however that such fee shall not be determined or negotiated at a rate less than the appropriate rate provided in Chapter 175, Fees, of the Code of the City of Buffalo. The commissioner may determine or negotiate such fees based on factors such as, but not limited to, the type of use of the establishment, square footage of the establishment, size of receptacle and the frequency of collection. B. All commercial user fees are payable in advance as indicated on the bill. If payment is not received within ten (10) days of the due date, there shall be added to that bill a collection processing charge as provided in Chapter 216. Garbage, Rubbish and Refuse, of the Code of the City of Buffalo, interest shall accrue daily at the rate of one and one-half percent (1.5%) per month from the due date on the total amount owing until paid in full, and any fees, charges, and costs of collection, including (without limitation) attorney's fees, will be in addition to the amount owning. C. The bill shall be rendered as an annual statement, or as provided for in the agreement between the City and the commercial user, with provision for both payment in its entirely of the annual amount stated or by payment of a quarterly statement. D. In the event a user fee bill is referred to an collection agency, the collection agency's charges shall be added to the fees with interest due and owing. Sec. 294.5 Unpaid Commercial User Fees. Unpaid commercial user fees, including interest, costs, administrative and legal expenses, and collection charges incurred, shall be the personal liability of the owner and shall also be a lien upon the real property in connection with which solid waste collection is offered as and from the due date for services billed and to be offered in the fiscal year commencing on that date. Notwithstanding any ordinance or local law to the contrary, this lien shall be superior to any and all other liens, excepting those for general taxes and local assessments, and shall have equal priority with liens imposed for water charges, which lien can be enforced by foreclosure proceedings instituted at the expiration of one (1) year from the date of the creation of the lien, in addition to and notwithstanding any and all other remedies available to the City for the collection of unpaid user fee bills. Section 4. This local law shall take effect immediately. APPROVED AS TO FORM Edward D. Peace Corporation Counsel NOTE: Matter in brackets [] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION No. 187 By: Mrs. LoTempio and Mr. Helfer Ordinance Amendment Chapter 216 - Garbage, Rubbish and Refuse The Common Council of the City of Buffalo does hereby ordain as follows: That Sections 216-1 through 216-6, 216-8 through 216-10, 216-12 through 216-17, 21630 through 216-34, 216-37 through 216-51 of Chapter 216 the Code of the City of Buffalo be amended to read as follows: 216-1. Abatement of nuisances required; action upon failure to comply. It shall be the duty of the owner or occupant of any real property or premises within the City limits, whenever the Health Commissioner shall declare any unwholesome grounds, yards, cellars, buildings or other place, stagnant or unwholesome water, filth and unwholesome matter injurious to health to be a nuisance, to immediately cause the same to be abated; and in case the owner or occupant shall neglect or decline so to do, the Health Commissioner shall report the work necessary to be done to the [Commissioner of Inspections and Licenses] Director of Inspections, Licenses and Permits, who shall proceed to abate the same in accordance with the exigencies suggested by the Health Commissioner. When appropriate, the Commissioner of Street Sanitation or the Director of Inspections, Licenses and Permits shall request that the Health Commissioner determine whether any condition is a health nuisance. 216-2. Dead animals. A. Owners or occupants who discover a dead animal on their real property or premises shall call the Buffalo Animal Shelter for instruction to the proper collection and disposal of the dead animal. B. It shall be the duty of the [scavengers] Department to remove to such place or places as the Commissioner [of Street Sanitation] shall designate all dead animals that may be found on the streets, alleys or public grounds of the [city, and for such purpose they shall report to such offices or departments of the city as the Commissioner of Street Sanitation may direct to receive such orders as there may be given for the removal of such dead animals] City. The Department shall report to such offices or departments of the City as the Commissioner may direct to receive such orders for the removal of such dead animals. 216-3. Permit required; application; issuance. A. No person[, firm or corporation] shall remove or cause to be removed any of the contents of any [garbage] receptacle placed in or outside of a building for collection, nor shall any person[, firm or corporation] collect or perform the duties of a solid waste collector [of garbage, food refuse, kitchen refuse, ashes, rubbish, or any refuse,] or convey, carry or transport any solid waste [garbage, food refuse, kitchen refuse, ashes, rubbish, or any refuse] through, over or along any of the streets of the City of Buffalo [while] as long as the City of Buffalo[, [through the Department of Street Sanitation] is performing the service, is collecting such solid waste [garbage, food refuse, kitchen refuse, ashes, rubbish or any refuse] in the City, except if licensed pursuant to Chapter 263, Licenses, of this Code, [as follows: A. Any person, firm or corporation who is the holder of a permit duly issued by the Erie County Health Department, pursuant to the provisions of Article VIII of the Sanitary Code of Erie County, may apply in writing to the Common Council for its approval to operate a garbage disposal service for the collection of garbage, food refuse, kitchen refuse, ashes, rubbish or any refuse originating in the City of Buffalo. Such approval shall be subject to the following conditions and requirements: (1) The written consent of the Commissioner of Street Sanitation. (2) That the applicant shall observe all the sanitary requirements as prescribed by the health ordinances of the City of Buffalo, all other applicable ordinances of the City of Buffalo and any regulations of the Department of Health of Erie County now or hereafter in effect. (3) That the Commissioner of Street Sanitation shall have the power to impose such conditions or restrictions regulating said garbage disposal service as he may deem necessary and may from time to time change such conditions, restrictions or regulations and may, in his discretion, revoke the permit granted pursuant to this Article at any time. B. Issuance of permit. (1) If the application is approved by the Council, the Commissioner of Street Sanitation shall issue to the applicant a permit to operate said collection service in such form as the Commissioner of Street Sanitation may prescribe and subject to any conditions in reference thereto imposed by the Council. (2) The permit fee to be paid pursuant to this section shall be as provided in Chapter 175, Fees. (3) No permit issued pursuant to this Article shall be transferable.] B. No solid waste collector licensed pursuant to Chapter 263, Licenses, of this Code shall: (1) Violate any provision of this Chapter, other ordinances, local law, or Common Council resolution. (2) Violate a rule or regulation established by the Commissioner. (3) Dispose of waste at a site not approved by the New York State Department of Environmental Conservation. (4) Litter. (5) Scavenge. (6) Collect residential solid waste for public collection in violation of Section 294 of the Charter of the City of Buffalo. 216-4. [Vessels] Receptacles used for collection. A. The Commissioner is authorized to adopt rules and regulations for receptacles to provide for uniform types of receptacles. B. Every [person who shall engage in the business of collecting and removing refuse,] solid waste collector which collects and disposes of garbage, bones, putrid and decaying meats or soap fat within the City of Buffalo shall use for that purpose a [box or vessel] receptacle so constructed as to prevent the escape of any offensive odor or [effluvia] vapor therefrom. Such a [box or vessel] receptacle shall at all times, when not necessarily open for the purpose of depositing the material collected therein, be kept securely covered. 216-5. [General requirements] Garbage receptacles for patron use. A. [The owner or proprietor of any commercial establishment] Any commercial user wherein food items are sold for off-premises consumption shall place a [garbage] receptacle immediately outside the premises for the use of patrons to discard said food items or their wrappings therein. B. Said receptacle shall be secured to eliminate improper removal from the site. Said receptacle shall be visible and accessible to the public and shall be maintained in a clean and sanitary state. Said receptacle shall be covered in such a fashion so as to eliminate the possibility of divergence by wind or soaking by rain or snow or accessibility to animals. C. Said receptacle shall not be allowed to overflow or in any way become a health hazard or nuisance and shall be emptied in an approved fashion as provided in the regulations of the Commissioner on a daily basis. 216-6. Preparation requirements. A. It shall be the duty of each [householder] person to strain and securely wrap in paper or plastic all garbage [and kitchen and table waste designed] set out for public collection by the City. The Commissioner [of Street Sanitation] is hereby authorized to decline to collect any garbage [or kitchen or table waste] not so wrapped. B. Loose disposal of syringes, lancets and needles is hereby prohibited. Syringes, lancets and needles are hereby deemed to be regulated medical waste, which the City shall not collect, and such regulated medical waste must be collected by licensed regulated substance collector or medical facility with appropriate collection facilities for such regulated medical waste. Syringes, lancets and needles must be disposed of in a sealed and clearly marked container. [before such material is brought to the curb for collection. The Commissioner of Streets and Sanitation is hereby authorized to refuse any garbage not so prepared.] C. All owners or occupants must have a sufficient number of receptacles to hold all solid waste accumulated between scheduled collections and shall not allow solid waste to be stored or to accumulate on their property in a manner or amount contrary to the rules and regulations of the Commissioner. Any excessive accumulation of waste as determined by the Commissioner pursuant to the rules and regulations promulgated by the Commissioner must be declared to be a public nuisance. The Commissioner shall have the authority to abate any public nuisance under this section and to impose the fees, charges and penalties of this Chapter according to the rates set out in Chapter 175, Fees, in this Code, as well as the costs of collection for such abatement. 216-7. [Applicability.] Reserved. 216-8. Storage. [No kitchen refuse, table scraps, waste animals or vegetable matter or similar] Garbage shall not be kept or stored upon any real property or premises by any person[, firm or corporation] except in [tight metal containers with metal] pest-proof receptacles with tight covers. Such [containers] receptacles shall be kept tightly covered at all times except when deposits are being made therein and during the time that garbage therefrom is being collected from the real property or premises. 216-9. Deposit of material prohibited. A. [A] No person shall place, deposit, leave, litter, throw, cast or dump, or cause to be placed, deposited, left, littered, thrown, cast or dumped, 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] waste of any kind on any street, sidewalk, or right-of-way (including the curbline), public park, public place or any real property or premises within the City of Buffalo without the lawful consent of the owner or lawful consent of the occupant in possession thereof, provided, however, that nothing in this section shall authorize or permit any action that would be otherwise prohibited, but for such consent, by any law. Nothing in this section shall prohibit the dumping of [trash] solid waste in an authorized municipal dumping ground. B. The owner, operator, registrant and any occupants of a vehicle involved in the [used to dump illegally shall be jointly and severally liable for] placing, depositing, leaving, littering, throwing, casting or dumping any [trash, ashes, broken articles, garbage, junk, refuse or waste material of any kind] waste on any street, curbline, public park, public place or on any real property or premises within the City of Buffalo without the lawful consent of the owner or [tenant] the lawful consent occupant in possession thereof [and] shall be jointly and severally liable for the penalties imposed pursuant to this Article and shall each be guilty of a violation; provided, however, that nothing in this section shall authorize or permit any action that would be otherwise prohibited, but for such consent, by any law. 216-10. Rewards. A reward of five hundred dollars ($500.00) is hereby offered to the person or persons who furnish information leading to the apprehension, arrest and conviction of anyone found guilty of illegal dumping within the City of Buffalo as set out in this [Article] Chapter. Such reward shall not apply to any employee, agent or servant of the City of Buffalo who acquires such information during the discharge of his official duties. All claims for such reward must be made to the City of Buffalo within ninety (90) days after the conviction of any such person or persons. 216-12. [Removal] Collection of deposited material. The owner or occupant of [any lands] real property or premises within the City of Buffalo shall, upon the direction of the Health Commissioner, cause the collection of any of the substances mentioned in 216-9 which shall have been thrown, placed or deposited upon the [lands so owned or occupied to be removed] owner's or occupant's real property or premises. 216-13 Maintenance of real property or premises; removal of manure. A. Every owner or occupant of [lands] real property or premises within the City of Buffalo shall keep [said lands] such real property and [buildings] premises thereon, of whatsoever kind, free and clear of any kind of filth or dirty water or unwholesome matter and of all the substances specified in Article I of this Chapter and 216-9 of this Article. B. Every owner or occupant of [lands or buildings] real property or premises in the City of Buffalo keeping horses, cows or other quadrupeds within the limits of said City shall remove from the real property or premises all manure accumulating thereon as often as required by the Health Commissioner. C. Every owner or occupant of [lands] real property or premises on or in which horses, cows or other quadrupeds are kept and each and every owner of such animals or owner or occupant of the real property or premises shall, at all times throughout the year, keep all manure in tight receptacles until such manure is removed as required, and such receptacles shall in all respects conform in material and manner of construction to the requirements of the Health Commissioner. D. The Health Commissioner may order any person who shall have thrown, placed or deposited any material or substance contrary to the provisions of this [Article] Chapter to remove the same in such manner and within such times as may be designated. 216-14. Placement of material for collection; penalties for offenses. A. No person shall deposit or leave or cause or allow any agents, subordinates, [tenants] occupants or employees to deposit or leave in any public street, curbline or public place any [dirt, ashes, rubbish, garbage, trash or other waste materials] solid waste, unless the same [are] is in proper receptacles, no earlier than seven (7) p.m. on the evening [not more than twelve (12) hours] prior to the [time] day of the regular collection as provided. B. Any person violating the provisions of this section may be liable, in addition to the general penalties, to the penalties established in Chapter 137, Code Enforcement, Article I, of this Code. 216-15. Rules and regulations. A. The Commissioner [of Street Sanitation] shall designate days for the removal of [garbage, ashes and rubbish] solid waste from the several streets of the City, and on those days it shall be lawful for any person to place at the curbline in front of the premises occupied by him all [garbage, ashes, rubbish and dirt] solid waste collected from the lot owned or occupied by him in [barrels, metal cans, plastic containers] receptacles or plastic bags properly closed with a twist tie or string. The Commissioner is authorized to adopt rules and regulations for receptacles to provide for uniform types of receptacles. All owners [of property] shall assure that [tenants] occupants comply with this requirement. [Only in the case of express direction of the Commissioner of Street Sanitation shall it be the duty of employees of the Department of Street Sanitation to bring the same from the premises occupied, and then only provided that it shall not be found in a place inconvenient or inaccessible in the judgment of the inspector in charge of such work.] B. All refuse [material] offered for collection shall be divided into two (2) classes, as follows: (1) Class 1: combustible material. Such material [are defined as materials that will readily and safely burn at the city incinerator and may be properly disposed of there. This classification shall include garbage, paper, wood and such other readily combustible materials which may be placed in a container with the garbage, such container covered by a properly fitted metal cover. This classification shall also include syringes, lancets and needles which have been disposed of in a sealed and clearly marked container before being placed in with other Class I material brought to the curb for collection. "Garbage" shall include all refuse of animal or vegetable matter which was intended to be used as food for man or beast. Garbage shall be thoroughly drained or strained and wrapped in paper and shall be kept in such tight, metal covered containers.] may be placed in a receptacle with the garbage, such receptacle being covered by a properly fitted cover. (2) Class 2: incombustible material.[Such materials are defined as materials which will not readily or safely bum at the city incinerator and cannot properly be disposed of at such incinerator by routine combustion methods. This classification shall include tin cans, bottles, floor-sweepings, broken and discarded crockery or glass, ashes, products of combustion and all other incombustible rubbish, refuse and waste materials, except earth, sand, lumber, brick, stone, concrete, plaster or other substances that may accumulate as a result of building, construction or repair operations and except night soil or manure.] Such material shall not be placed in the same receptacles with combustible material and garbage. C. Refuse of each of the two (2) classes above specified shall be kept in separate [containers] receptacles and not in any case mixed with refuse of any other class. No [container] receptacle in which refuse is offered for public collection other than receptacles permitted by the rules and regulations promulgated by the Commissioner [, if cylindrical,] shall be of greater capacity than thirty-five ([30]35) gallons, nor shall such [containers] receptacles, including the contents thereof, be of greater weight than fifty (50) pounds. D. [Rubbish] Solid waste consisting of empty boxes, crates, cartons[, discarded furniture] and other unwieldy objects shall be broken up and bundled into compact bundles no longer than four (4) feet. E. [In no cases, except as hereinafter provided for ashes from a heating plant or cases wherein an additional charge is made and received, shall there be received at any one (1) collection from any person offering the same any greater quantity of solid waste arising from the operation of a business, manufacturing or commercial establishment than one and one-half (1 1/2) cubic yards[, except that this limitation of one and one-half (1 1/2) cubic yards per collection shall not apply to ashes or other products from combustion from a heating plant operated principally to furnish heat as distinguished from power plants incidental to manufacturing or industrial operations]. Reserved. F. [The Commissioner of Street Sanitation shall cause to be made not less than one (1) collection per week of garbage, ashes and rubbish from the several streets of the city and not more than three (3) such collections per week from the premises devoted to business, manufacturing, commercial or institutional uses or multifamily dwellings housing over four (4) families and shall remove therefrom not more than one and one-half (1 1/2) cubic yards of such refuse material from any one (1) premises during such regularly scheduled collection, except ashes from a heating plant, unless an additional charge is made and received therefor. Additional and extra collections may be made or greater amounts of material may be removed from premises only under the following conditions.] The billing for solid waste user fees is subject to service review by the Commissioner, pursuant to the rules and regulations of the Commissioner. In the event a user fee bill is referred to a collection agency, the collection agency's charges shall be added to the fees with interest due and owing. G. [There shall be a charge for the removal of such refuse materials in excess of one and one-half (1 1/2) cubic yards or in excess of ten (10) thirty-gallon containers for each regularly scheduled collection or for the additional extra collection only according to the weekly rate set out in Chapter 175, Fees.] The Commissioner shall have the power to enter into separate contracts with persons from whom any additional or extra solid waste is to be collected and from whom charges are to be received as provided by the schedule of charges set out in Chapter 175, Fees. H. [The Commissioner of Street Sanitation shall designate a schedule of additional trash and rubbish collections during the course of the year, commencing on April 1 and ending on November 30, on a biweekly basis and shall prepare and promulgate rules and regulations for said additional collections, including the following: (1) No property shall have placed in front of the same for collection an amount of trash and rubbish exceeding four and zero-tenths (4.0) cubic yards. Any excess over four and zero-tenths (4.0) cubic yards will not be collected. Any owner not removing excess trash from in front of the property shall be subject to the penalties in 137-7 herein. (2) All trash and rubbish must be bundled in four-foot lengths or, in the alternative, must be placed in containers. Appliances, furniture and other similar large items must be placed in a safe manner and shall not extend onto a public street or sidewalk. No material placed for collection shall contain nails, glass or other hazardous material. (3) Owners wishing to dispose of amounts in excess of four and zero-tenths (4.0) cubic yards shall apply for and receive from the Department of Street Sanitation a load-dumping permit upon payment of a permit fee as set forth in Chapter 175, Fees. Said permit shall entitle the holder to transport said items to the appropriate city location and to dispose of said items at that location without charge. (4) Only property owners who have performed remodeling without utilizing contractors for hire shall be allowed to place debris from remodeling for special trash collections and only in accordance with the regulations established herein. No contractor performing any remodeling for hire shall be allowed to place any debris from said remodeling for special trash collections. Violation of this section shall be cause for action against the license of the contractor as provided in this Code.] The method of receiving of such payments and the record and audit thereof shall be as ordered and directed by the City Comptroller. All moneys received shall be paid into a solid waste enterprise fund. [I. The Commissioner of Street Sanitation shall have the power to enter into separate contracts with persons from whom such additional and extra refuse is to be collected and from whom charges are to be received as provided by the above schedule of charges. J. The method of collection of such payments and the record and audit thereof shall be as ordered and directed by the Comptroller. All moneys collected shall be paid into the general fund. K. The above contract schedule shall take effect as of July 1, 1971, and shall be the only method of assessment to be employed by the Commissioner of Street Sanitation for any additional and extra collections, and he shall enter into no other type of contract or arrangements for additional and extra collections. L]I. [Refuse material] Solid waste of a combustible nature which shall be delivered by a [person residing in or doing business in the City of Buffalo, except licensed refuse collection contractors] residential or commercial user, except solid waste collectors, shall, under the direction and control of the Commissioner of Public Works, be received and disposed of at the City disposal plant upon payment by the [person] user delivering same at the rate as provided in Chapter 175, Fees; and further provided that the Commissioner of Public Works may, before accepting such [refuse] solid waste, require evidence that the source of such [refuse material] solid waste was generated within the City of Buffalo. [M]J. [Refuse collection contractors] Solid waste collectors holding a City license under [Article III of this chapter of the Code of the City of Buffalo] Chapter 263, Licenses, of this Code will be charged at the rate as provided in Chapter 175, Fees. [N]K. [Refuse material] Solid waste originating in the City, if of a proper classification for dumping at a City disposal plant, shall, under the direction and control of the Commissioner of Public Works, be received and disposed of at City disposal plants upon payment to the City by the person delivering the same, if other than a City department or agency, at the rate as provided in Chapter 175, Fees and further provided that the Commissioner of Public Works may, before accepting such [refuse]solid waste, require evidence that the source of such [refuse material] solid waste was within the City of Buffalo. [O]L. All employees of the Department [of Street Sanitation] engaged in [the work of] collecting [refuse] solid waste shall report each and every violation of this section to the Commissioner[ of Street Sanitation]. [P]M. Any person violating the provisions of this section may be liable, in addition to the general penalties, to the penalties established in Chapter 137, Code Enforcement, Article I, of this Code. 216-16. Sale of collected material and rummaging prohibited. No person shall buy or receive any solid waste [metal, paper, rags, bottles, wood or other junk or discarded material of any kind] from any person unauthorized to collect or receive solid waste [dispose of the same who is engaged in the work of collecting rubbish, ashes or garbage or other refuse under the control of the Commissioner of Street Sanitation], and no such person [engaged in the work of such collection] shall sell or dispose of any solid waste [material so collected or intended to be so collected] except with the consent and in the manner prescribed by the Commissioner of Public Works. Any [The practice of] scavenging, rummaging into or picking discarded articles or material out of solid waste [garbage, ashes, rubbish and other refuse placed upon the streets for collection by the city] by persons other than owner or occupant, authorized City employees or City contractors is hereby prohibited [forbidden], and if the person so offending shall be a holder of a junk dealer's license, such offense shall be sufficient cause for the revocation of [his] that license in addition to [a] any fine or other penalty for any violation hereof. 216-17. Dumping at other than a landfill prohibited. No person shall dispose of inert fill or waste [materials] except at a landfill licensed [hereunder] pursuant to this Chapter and Chapter 263, Licenses, of this Code. 216-19. [License required.] Reserved. 216-20. [Application procedure.] Reserved. 216-21. [Review by Planning Board.] Reserved. 216-22. [Bond and grading plan.] Reserved. 216-23. [Issuance of license; duration.] Reserved. 216-24. [License renewal.] Reserved. 216-25. [Revocation.] Reserved. 216-26. [Additional remedies.] Reserved. 216-27. [Prohibited acts.] Reserved. 216-28. [Penalties for offenses; rewards.] Reserved. 216-29. [Cessation of operation.] Reserved. 216-30. Legislative determination of intent. A. The Common Council determines that the production by business, commercial or manufacturing establishments of offensive or noxious odors is a detriment to the comfort, convenience, safety, health and welfare of the citizens of the City. The Common Council determines that no reliable scientific objective standard or test for the existence of an offensive or noxious odor exists in present-day science or technology. The Common Council further determines that the detriment to the comfort, convenience, safety, health and welfare of the citizens of the City caused by [noxious or offensive] offensive or noxious odors emanating from a business, commercial or manufacturing establishment may, under certain circumstances, be outweighed by and made secondary to the public benefits, in the form of jobs, increased property taxes, promotion of the highest and best use of [land] real property and premises and natural resources and general economic stimulation, created by such a business, commercial or manufacturing establishment. B. To balance the public comfort and the economic well-being of the City of Buffalo, the Common Council hereby establishes a system for the regulation of such establishments, the initiation of which lies with specified percentages of persons within a designated area. The final determination as to operation or continuing operation of each establishment lies with this Common Council. C. A petition seeking control or elimination of offensive or noxious odors, containing the dated signatures of at least twenty percent (20%) of the owners of real property or premises within the City within the area of land contained in the impact area. The total number of owners or occupants within the impact area to establish appropriate number of petition signatories may be determined by the Division of Planning within the Department of Community Development. The petition must state that the signatories consider the the odor or odors emanating from a business a establishment to be noxious or offensive. The length of time between the earliest dated and the last dated signature must be no more than sixty (60) calendar days. A petition regarding a specified commercial user shall be accepted by the City Clerk only if it is filed for the first time or more than five (5) years have elapsed between the presentation date of the petition and the action by the Council on a prior petition involving the same establishment. 216-31. [Definitions.] Reserved. 216-32 Regulated use permit. Whenever a petition, as specified in this Article, is submitted to the City Clerk stating that a use undertaken in an impact area is creating or has created [noxious or offensive] offensive or noxious odors, that use may continue without modification until the Common Council may authorize and direct: the approval with conditions; or the denial of the issuance of a regulated use permit pursuant to the provisions of this Article. A. Should the Common Council deny issuance of such a regulated use permit, the owners of such an establishment shall cause the operation of the establishment to terminate within the number of calendar days prescribed by the Common Council for such termination. B. Should the Common Council determine that the use should be continued with a condition or conditions, a regulated use permit shall be issued upon that condition or conditions, subject to revocation by the Common Council should the condition or conditions not be fulfilled. 216-33. Factors in making determination. In making a determination under 216-32 of this Article, the Common Council shall consider the following factors and make specified findings thereon: A. Whether the use complained of in the petition predated the [residential uses affected] owners' affected uses (including residential uses) of their properties. B. The economic impact on the [establishment] commercial user and the City and its citizens of denying the use or permit or approving it with conditions, including jobs lost, reduction in the taxable assessment base and the like. C. Whether the [residents'] owners' loss of comfort can be compensated for without the termination of or modification of activities by the [establishment] commercial user. 216-34. Hearing procedures. When the Common Council shall determine that there appears to have been properly filed by the appropriate minimum number of owners within the impact area a petition or petitions as herein prescribed, the Common Council shall, by resolution, designate a hearing or hearings to be conducted by the Council in accordance with this section and upon notice as hereinafter provided. A. Service of notice. (1) A notice of the hearing to be held shall be published in a newspaper of general circulation at least ten (10) but not less than five (5) days before the hearing or hearings, specifying the purpose of the hearing and its date, time and place. Such a notice shall also be required to be sent by the ordinary mail within the same time period to each person who signed the petitions herein at the stated address in the petition. (2) Notice shall also be served in the ordinary mail to the [business, commercial or manufacturing establishment] commercial user named in the petition at the address of such establishment's. The City Clerk shall take such other steps as the Clerk may deem necessary to assure that the establishment, through its representative, has notice of the hearing and of the existence of the petitions. Upon the request of such [establishment] commercial user, through its representative or representatives, further information shall be provided regarding the petitions, any resolution of the Council authorizing such hearing or hearings and the provisions of this section. Notwithstanding the foregoing, if the [establishment] commercial user, through its representative or representatives, shall request the Common Council, through its President or any member, to recess the hearing for the purpose of preparing a presentation to the Council, then such a recess shall be granted to another day not more than one (1) month from the first hearing date. B. Conduct of the hearing. During the course of the hearing or hearings, persons so notified shall be offered the opportunity to present testimony and evidence regarding the odor or odors emanating from the establishment and to cross examine witnesses so testifying. Such testimony shall be recorded and a transcript made available free of charge to anyone who testifies. At the conclusion of the hearing or hearings, the findings, determinations and recommendations based on the evidence received shall be reported to the Common Council for consideration at its next regularly scheduled meeting. Such report shall include, among other items, a determination as to whether the odor or odors emanating from the establishment are [noxious or offensive] offensive or noxious. If such a determination is made in the affirmative, the report shall recommend to the Council what action, if any, the Council should take pursuant to this section, including the issuance of a regulated use permit. 216-37. Remedies; action for permanent injunction. Whenever the Common Council has determined by resolution, pursuant to Section 32 of the Charter of the City of Buffalo, that the operation of an establishment shall terminate within a number of calendar days and the operation is not terminated within that number of days, or when the Common Council by resolution, pursuant to Section 32 of the Charter of the City of Buffalo, has determined that a regulated use permit issued in accordance with the provisions of this section should be revoked, the Corporation Counsel shall bring and maintain a civil proceeding in the name of the City, in the Supreme Court of the County of Erie, for a judgment permanently enjoining the operation of the establishment from which [noxious or offensive] offensive or noxious odors emanate. The existence of an adequate remedy at law shall not prevent the granting of permanent injunctive relief pursuant to this Article. A. With respect to any action commenced or to be commenced pursuant to this Chapter, the Corporation Counsel shall file a notice of pendency pursuant to the provisions of Article 65 of the Civil Practice Law and Rules. B. The person [or other legal entity] in whose name the real [estate] property affected by the action is recorded in the office of the Erie County Clerk shall be presumed to be the owner thereof. C. Whenever there is evidence that a person was the manager, operator or supervisor or in any other way in charge of the real property or premises at the time that [noxious or offensive] offensive or noxious odors are emanated, such evidence shall be presumptive that he or she was an agent or employee of the owner or lessee of the establishment. D. A judgment awarding a permanent injunction pursuant to this Article may direct the Sheriff of Erie County to seize and remove from the establishment all material, equipment and instrumentalities used in the process which produces [noxious or offensive] offensive or noxious odors and shall direct the sale by the Sheriff of such property in the manner provided for the sale of personal property under execution pursuant to the provisions of the Civil Practice Law and Rules. The net proceeds of any such sale, after a deduction of the lawful expenses involved, shall be paid into the general fund of the City. E. A judgment awarding a permanent injunction pursuant to this Article shall direct the closing of the establishment by the Sheriff to the extent necessary to abate the noxious or offensive odors and shall direct the Sheriff to post a copy of the judgment and a printed notice of such closing. A closing by the Sheriff pursuant to the provisions of this subsection E shall not constitute an act of possession, ownership or control by the Sheriff of the closed real property or premises. 216-38. Legislative determination of intent. The reduction of the amount of solid waste and the conservation of recyclable material are important public concerns. The separation and collection of [newspaper] newsprint, paper, cardboard, glass, [cans] aluminum containers, metal cans, plastic containers, vegetative yard waste and other material for recycling from residential[,] and commercial[, industrial and institutional establishments] users in the City will protect and enhance the City's physical and visual environment [as well as promote the health, safety and well-being of persons and property within the city by minimizing the potential adverse effects of landfilling through reduction of the need for landfills and conservation of existing landfill capacity, facilitating the implementation and operation of other forms of solid waste management, conserving natural resources and ensuring conformance with the New York State Solid Waste Management Plan]. Such source separation and collection of recyclable material will promote the health, safety and well-being of persons and property within the City by minimizing the potential adverse effects of overusing landfill through reduction of the need for landfills and conservation of existing landfill capacity, facilitating the implementation and operation of other forms of solid waste management conserving natural resources and ensuring conformance with the New York State Solid Waste Management Plan. The promotion and use of recyclable material, goods produced from recyclable material and goods which facilitate recycling will further serve the same purposes. 216-39. [Definitions.] Reserved. 216-40. Requirements applicable to source separation and collection of [designated recyclables] recyclable material for the curbline program. All [designated recyclables] recyclable material as indicated by 216-43(B) of this Chapter placed for collection at the [curbside] curbline, or other location, by residents for collection pursuant to the [curbside] curbline programs established pursuant to this Chapter shall be prepared for collection in accordance with regulations promulgated by the Commissioner. 216-41. [Establishment of private collection program for multiresidential complexes.] Reserved. 216-42. [Requirements applicable to source separation and placement of designated recyclables in recycling collection areas.] Reserved. 216-43. Mandatory commercial[, industrial and institutional] users source separation program. A. All commercial[, industrial and institutional establishments] users within the [area of the] City shall source-separate and arrange for the collection for recycling of [recyclables] recyclable material as may be included in or added to such [curbside] curbline program pursuant to the rules and regulations promulgated by the Commissioner. B. [Designated recyclables] Recyclable material for the mandatory commercial[, industrial and institutional] user source separation program shall consist of the following: (1) [Newspaper] Newsprint. (2) [High grade paper, including but not limited to white letterhead paper, white bond paper, white typing paper, white copier paper, white note pad paper, white writing paper, white envelopes without glassine windows, other nonglossy white office paper without plastic, computer printout paper, computer tab cards and white onion skin paper.] Paper. (3) Magazines[ and catalogs]. (4) [Corrugated] Cardboard. (5) Glass [containers], plastic containers [and cans], aluminum containers and metal cans generated by food and beverage service establishments. [(6) Vegetative yard waste. (7) Construction/demolition debris. (8) Large appliances.] [(9)] (6) Wood waste. [(10) Tires.] [(11)] (7) Other recyclable material as designated by resolution of the [city] Common Council or by the Commissioner's regulations promulgated under this Chapter at all times thirty (30) days after said designation and publication of notice in an official newspaper of the City or a newspaper of general circulation within the City. C. In any multiresidential complex, there shall be an area designated by the Commissioner for the source separation, collection and delivery of recyclable material included in the curbline program from occupants of such multiresidential complexes pursuant to the rules and regulations promulgated by the Commissioner. D. The owner, manager or superintendent of every multiresidential complex subject to Subsection A above shall provide and maintain, in a neat and sanitary condition, recycling collection areas to receive recyclable material included in the curbline program which are generated by residents of the complex pursuant to the rules and regulations promulgated by the Commissioner. In cases where a condominium, cooperative, homeowner or similar association exists, the association shall be responsible for provision and maintenance of the recycling collection areas. E. Once the recycling collection areas for a particular multiresidential complex have been constructed and are capable of receiving recyclable material as may be included in or added to the curbline program, occupants of such complex shall source separate such materials by placing them in the appropriate receptacles or areas within the collection area pursuant to the rules and regulations promulgated by the Commissioner, except qualified individuals with a disability may source separate. F. Recyclable material required to be placed in recycling collection areas shall be prepared for collection pursuant to the rules and regulations promulgated by the Commissioner. [C] G. The arrangement for collection of [designated recyclables] recyclable material shall be the responsibility of the [person who owns, manages or operates the commercial, industrial or institutional establishment at which the recyclables are generated ("generator")] commercial user or the agent or person contractually obligated to the [generator] commercial user to arrange for collection and disposal of its solid waste. The City reserves the right to collect recyclable material placed at the curbline pursuant to the rules and regulations promulgated by the Commissioner. 216-44. Special provisions regarding vegetative yard waste. Nothing in this Article shall be construed as preventing any person from utilizing vegetative yard waste for compost, mulch or other agricultural, horticultural, [silvicultural] forestry, gardening or landscaping purposes provided such vegetative yard waste is stored in a receptacle which shall be covered in such a fashion so as to eliminate the possibility of divergence by wind or soaking by rain or snow or accessibility to animals or pests. Grass clippings, weeds, and leaves shall be placed for public collection in plastic bags and other vegetative yard waste shall be placed in compact bundles no longer than four (4) feet. Vegetative yard waste intended for composting shall be prepared and placed for public collection pursuant to the rules and regulations promulgated by the Commissioner. 216-45. Enforcement; rules and regulations. The [Department of Street Sanitation/Public Works] Departments of Street Sanitation and Public Works [is] are authorized to enforce the provisions of this Article and to administer the [recycling] curbline program established herein. The respective Commissioners of said Departments may adopt and promulgate, amend and repeal rules and regulations implementing this Article in order to carry out and effectuate the intent and purposes thereof. 216-46. Unlawful activities. A. It shall be unlawful for: (1) Any person, other than those persons so authorized, to collect or scavenge any [designated] recyclable material which has been placed at the [roadside] street or curbline for collection or within a recycling collection area pursuant to this Article. (2) Any person to violate or to cause or assist in the violation of any provision of this Article or any implementing rule or regulation promulgated by the Commissioner. (3) Any person to place or to cause to be placed any material other than a [designated] recyclable in or near a recycling collection area. B. All unlawful conduct set forth in this section shall constitute a violation. 216-47. [Noncollection of solid waste contaminated by designated recyclables.] Reserved. 216-48. Noninterference with existing contracts. A. Nothing contained in this Article shall be construed to interfere with or in any way modify the provisions of any existing contract in force in the City on the effective date of this Article. B. No renewal of any existing contract upon the expiration of the original term thereof and no new contract for the collection, transportation, processing or purchase of solid waste shall be entered into after the effective date of this Article, unless renewal of such contract shall conform to the requirements of this Article. 216-49. Reporting requirements. A. All [permit holders (collection businesses)] solid waste collectors must submit quarterly reports on the tonnages of material collected to be recycled and the tonnages of material collected for disposal from within the City of Buffalo. B. All commercial[, industrial and institutional] users within the City of Buffalo shall submit quarterly reports for all material reused and/or recycled from their businesses that are in addition to the City's list of source-separated material. C. All reports are to be submitted to the Commissioner of Public Works. 216-50. Penalties. Any person who engages in unlawful conduct as defined in this Article may, upon conviction thereof in a proceeding before a court of competent jurisdiction, be sentenced to imprisonment for a term of fifteen (15) days or to a term of community service related to the purposes of this Article or to pay a fine of not more than two hundred fifty dollars ($250.00) and not less than twenty-five dollars ($25.00), or any combination of the above penalties. 216-51. Injunction; concurrent remedies. A. In addition to any other remedy provided herein, the City of Buffalo may institute a suit in equity where unlawful conduct exists for an injunction to restrain a violation of this Article. B. The penalties and remedies prescribed by this Article shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the City from exercising any other remedy provided herein or otherwise provided at law or equity. C. The terms and provisions of this Article are to be liberally construed so as best to achieve and effectuate the goals and purposes hereof. 216-52. [Severability; repealer.] Reserved. 216-53.[Effective date.] Reserved. That Sections 216-7, 216-19 through 216-29, 216-31, 216-39, 216-41, 216-52 and 216-53 of the Code of the City of Buffalo be repealed. That Chapter 216 of the Code of the City of Buffalo be amended to add a new Article XI, Legislative Intent, to read as follows: ARTICLE XI LEGISLATIVE INTENT 216-54. Legislative findings and intent. It is the purpose of this Chapter to provide for the protection of the public health, safety and general welfare of the people of Buffalo, pursuant to the City's home rule powers for governing its property, affairs and governance, for protecting and enhancing its physical and visual environment, and for making local improvements, by establishing rules and regulations, governing the generation, separation, storage, collection, transportation, processing, and disposal of solid waste within applicable federal, state, and local laws, ordinances and resolutions of the Common Council. That Chapter 216 of the Code of the City of Buffalo be amended to add a new Article XII, Solid Waste Collection and User Fees, to read as follows: ARTICLE XII SOLID WASTE COLLECTION AND USER FEES 216-55. Public collection of residential solid waste. A. Residential solid waste shall be prepared for collection by residential users in accordance with the provisions of this Chapter. The Commissioner may promulgate rules and regulations covering the items of collection of solid waste and such other matters pertaining to the public collection and disposal of solid waste as he may deem necessary. B. No person, except City employees in the performance of their official duties and City contractors, shall engage in the collection of residential solid waste. C. No solid waste collector or regulated substance collector shall collect residential solid waste unless authorized by the Commissioner. D. The Department may collect residential solid waste (including solid waste from vacant lots) the City as defined by this Chapter. Such public collection may be made at a frequency determined by the Commissioner to be necessary consistent with the public health, safety and general welfare. User fees shall be charged consistent with the frequency of collection. E. The Commissioner may cause to be made not less than one (1) collection per week of solid waste from the several streets of the City, unless prevented by occurrence or occurrences beyond the City's control, including but not limited to, a disaster, labor disturbance or strike, act of God, act of war, civil disturbance, blizzard, or explosion. This collection shall also include the removal and disposal of loose and scattered solid waste found at the curbline at the time of public collection. This collection may also include clearing vacant lots of solid waste. F. The Commissioner shall designate a schedule of additional public collections during the course of the year, commencing on April 1 and ending on November 30, on a biweekly basis and shall promulgate rules and regulations for such additional public collections. G. The residential user solid waste fees are established as provided in Chapter 175, Fees, of this Code. The billing of such user fees shall be subject to service review by the Commissioner pursuant to the Commissioner's regulations. If payment of the user fee is not received within ten (10) days of the billing date, a late charge of $10 shall be imposed, in addition to my interest which may be due and owing. 216-56. Public collection of commercial solid waste. A. Commercial solid waste shall be prepared for collection by owners, agents and occupants in accordance with the provisions of this Chapter. The Commissioner may promulgate rules and regulations covering the items of collection of waste and such other matters pertaining to the public collection and disposal of solid waste as he may deem necessary. B. No person, except City employees in the performance of their official duties, City contractors or solid waste collectors shall engage in the collection of commercial solid waste. No person shall buy or receive any solid waste of any kind from any person unauthorized to dispose of the same, and no such person engaged in the work of such collection shall sell or dispose of any material placed at the curbline for public collection except with the consent and in the manner prescribed by the Commissioner of Public Works. C. No solid waste collector or regulated substance collector shall collect commercial solid waste without a contract with the commercial user unless authorized by the Commissioner. D. The collection of commercial solid waste may be made at a frequency determined or negotiated by the Commissioner to be necessary and consistent with the public health, safety, and general welfare. E. The Commissioner may cause to be made not less than one (1) public collection per week of solid waste from the several streets of the City, unless prevented by occurrence or occurrences beyond the City's control, including, but not limited to, a disaster, labor disturbance or strike, act of God, act of war, civil disturbance, blizzard, or explosion. F. The commercial user solid waste fees shall be determined or negotiated by the Commissioner, billing of which shall be subject to service review pursuant to the rules and regulations promulgated by the Commissioner, provided, however, that such fee shall not be set at a rate less than the rate provided in Chapter 175, Fees, of this Code. The Commissioner may determine or negotiate such fees based on factors such as, but not limited to, the type of use of the establishment, square footage of the establishment, size of receptacle and the frequency of public collection. G. The Commissioner may negotiate the rate under the following bases. 1. The Commissioner may calculate the minimum rate by adding the fixed cost for public collection and combining that with rate for the type of use of the establishment serviced and the square footage of the establishment. The Commissioner shall promulgate regulations identifying the type of use of establishments. Type I user category, Low User, shall be a commercial user which generates 0 to 40 pounds of solid waste per 100 square foot of the establishment; Type II user category. Med-Low User, shall be a commercial user which generates 40 to 80 pounds of solid waste per 100 square foot of the establishments; Type III, Medium User, shall be a commercial user which generates 80 to 120 pounds per 100 square foot of the establishment; Type IV, Med-High User shall be a commercial user which generates 120 to 160 pounds of solid waste per 100 square foot of the establishment; and Type V, High User, shall be a commercial user which generates over 160 pounds of solid waste per 100 square foot of the establishment. 2. Alternatively, the commercial user may rent a dumpster from the Department, at the rates as set forth in Ch. 175, Fees, of this Code. H. If payment is not received within ten (10) days of the billing date, a late charge of $10 shall be imposed, in addition to any interest which may be due and owing. 216-57 Past Due Accounts. The Department shall refer all past due accounts to the Division of Collections in the manner prescribed by the Division of Collections. The Division of Collections shall perform necessary collection and billing of such past due accounts with the assistance of the Department of Law as required. The Division of Collections may engage the services of private credit or collection agencies and other professional services as deemed advisable. The Comptroller shall prepare an annual report detailing the moneys and fees collected and expended. Fees or charges in connection with the collection of past due accounts may be imposed as provided for by this Chapter and Chapter 175. Fees, of this Code, and any and all fees collected upon past due accounts pursuant to this Chapter or Chapter 175 shall be accounted for separately within the Solid Waste Enterprise Fund. All such amounts collected pertaining to the public collection of solid waste shall be deposited to the Solid Waste Enterprise Fund. Sec. 216-58 Solid Waste Enterprise Fund. The Comptroller shall establish and maintain a separate accounting fund to record and report the financial activity related to the public collection and disposal by the City of refuse, recyclable and other solid waste material as designated by the Commissioner. This fund shall be separate and distinct from the City's general fund and shall be known as the Solid Waste Enterprise Fund. This fund shall be maintained on the same fiscal year as that of the City. Notwithstanding any other law to the contrary, the fees, charges, late fees, interest, and other costs and disbursements charged and collected pursuant to Article 15 of the Charter or this Chapter, pertaining to public collection of solid waste, shall be paid to the Solid Waste Enterprise Fund. Each year the Mayor, at the time of the submission of the annual budget estimate to the Common Council, shall submit a statement of estimated revenues, expenditures and changes in the fund as well as the fund balance for the current fiscal year, together with an estimate of expenditures for the next fiscal year and shall recommend basic residential and commercial rates for public collection. That Chapter 216 of the Code of the City of Buffalo be amended to add a new Article XIII, General, to read as follows: ARTICLE XIII GENERAL 216-59. Construction. The terms and provisions of this Chapter are to be liberally construed so as best to achieve and effectuate the goals and purposes hereof. 216-60. Owner responsibilities. Owners of real property or premises shall be responsible for compliance with provisions of this Chapter and shall remain responsible therefor regardless of the fact that this Chapter may also place certain responsibilities on occupants and regardless of any agreements between owners and occupants as to which party shall assume responsibility. 216-61. Solid Waste Advisory Committee. A. Purpose. There is hereby created the solid waste advisory committee, which shall advise the Commissioner on policies regarding the City's collection and disposal of solid waste and recycling. B. Composition, Term, and Removal. The solid waste advisory committee shall consist of eleven (11) members: the Commissioner shall serve as chair of the committee; five (5) qualified electors of the City of Buffalo appointed by the Mayor, the President of the Common Council or designee; three (3) qualified electors of the City of Buffalo appointed by the Common Council and the Comptroller of the City of Buffalo or designee. The term of appointed members shall be three years, except that of the members first appointed, of whom two (2) of the mayoral appointees shall be appointed for a term of one year, three (3) mayoral appointees shall be appointed for a term of three years, and three (3) of the Common Council appointees shall be appointed for a term of two years. Each appointed member shall serve until that person's successor is appointed and qualified. The terms of the Commissioner, President of the Common Council or designee and the Comptroller or designee shall expire concurrently with their respective terms of office. Vacancies in the committee shall be likewise filled for the unexpired portion of such term by the respective appointing authority. The appointing authority may at any time remove any member it appoints for reasons stated in writing after an opportunity has been afforded such member to be heard. The members of the committee shall serve without compensation and such City official appointed to the committee shall serve without additional compensation. C. Powers and Duties of the Committee. The solid waste advisory committee shall have the following powers and duties: (1) To assist the Department in developing policies regarding collection and disposal of solid waste; and (2) To make recommendations, on its own motion, to the Mayor, the Common Council and the Commissioner as to policies, plans, programs or projects for the development, maintenance and improvement of solid waste collection and disposal and recycling policies in the City. 216-62. Complaint procedure. The Commissioner shall hear and decide all complaints concerning the public collection user fee. The complaint shall be filed within ten (10) days of the issuance of a bill, in writing, with sufficient detail for a determination to be made by the Commissioner based on the documents submitted. The filing of a complaint shall not relieve the owner from the obligation of making timely payment of the disputed bill. Any complainant dissatisfied with the determination of the Commissioner shall have the right to file a notice of appeal pursuant to the rules and regulations promulgated by the Commissioner. Such appeals shall be heard by the public collection board of appeals in accordance with the rules and regulations promulgated by the Commissioner. Upon the presentation of all admissible evidence, the public collection board of appeals shall determine whether the billing and/or classification is correct or incorrect. Upon determining the billing and/or classification is incorrect, the public collection board of appeals shall determine the correct billing and/or classification, and shall direct the City to refund such sums that the public collection board of appeals has determined were overpaid. 216-63. Public receptacles; receptacles for events. A. Receptacles provided by the City and placed in streets, public parks or other public places shall be used only for deposit of solid waste generated on the street by pedestrians and motorists or generated by persons using the public parks or other public places. The placing into such receptacle any waste originating from residential or commercial users shall constitute illegal dumping and is prohibited by 216-9 of this Chapter. B. Receptacles provided by the City for events, special events pursuant to Chapter 414, Special Events, of this Code, or projects shall be used only for deposit of any waste generated at such event, special event or project. The placing into such receptacles any waste originating from residential or commercial users shall constitute illegal dumping prohibited by 216-9 of this Chapter. C. Usage fees, including any tipping costs, for the use of City-furnished receptacles for events shall be as provided in Chapter 175, Fees, of this Code. 216-64. Penalties. Unless otherwise provided in this Chapter any person convicted of illegal dumping or any other unlawful activity as defined in this Chapter within the City of Buffalo shall be subject to a fine as prescribed in Chapter 137, Code Enforcement, Article I, of this Code. 216-65. Severability. The provisions of this Chapter are severable. If any provision, paragraph, subparagraph, sentence, clause, phrase or word of this Chapter or its application to any person or circumstances is held invalid, said invalidity shall not affect any other provision, paragraph, subparagraph, sentence, clause, phrase or word or application which can be given effect without the invalid provision, paragraph, subparagraph, sentence, clause, phrase or word or application of the Chapter. That Chapter 216 of the Code of the City of Buffalo be amended to add a new Article XIV, Definitions, to read as follows: ARTICLE XIV DEFINITIONS 216-66. Definitions The following terms and words, when used in this Chapter and in Article 15 of the Charter of the City of Buffalo, shall have the meaning and effect as follows: ABANDON--To dispose of, burn, or store an accumulation of solid waste. AGENT--A person authorized by another to act for the other person. This term includes- but is not limited to, business representative, servant, employee, or a person under another's control. ALUMINUM CONTAINERS--Aluminum products and containers fabricated primarily of aluminum and commonly used for beverages or other food products. This term does not include regulated material. ASHES--The residue of the combustion of solid fuels. BOXBOARD--Wood-pulp-based material which is usually smooth on both sides but with no corrugated center. This term does not include material with wax coating or regulated material. BULK SOLID WASTE--Solid waste which is too large or too heavy to place in a plastic bag or receptacle. This term includes discarded small household furniture, bedding and mattresses, tree trimmings, hedge trimmings, hot water tanks, televisions and other bulk household material not specifically prohibited by this Chapter or by the rules and regulations of the Commissioner. This term does not include regulated material. CARDBOARD--Wood pulp-based material which is not specifically prohibited by this Chapter and is normally used for packing, mailing, shipping, or containerizing goods, merchandise or other material. This term does not include material with wax-coating or which is soiled by any substance other than water or regulated material. COMBUSTIBLE MATERIAL--Material which is apt to catch fire, capable of burning, or that will readily and safely burn in an incinerator and maybe properly disposed of there. This term includes, but is not limited to, garbage, paper and wood. COMMERCIAL SOLID WASTE--All solid waste which is generated by, originating in or around a commercial user. This term does not include regulated material. COMMERCIAL USER--Any person who owns or occupies a parcel of land in the City of Buffalo which is designed for or occupied by the use other than a one, town, or three-family residential use. This term includes, but is not limited to, multiresidential complex, government properties, institutional properties, industrial properties, parking lots, parking garages, and parking ramps. COMMERCIAL USER COLLECTION PROGRAM--Any recycling program for commercial users other than the multiresidential complex program. COMMISSIONER--The Commissioner of Street Sanitation or designee. CONSTRUCTION/DEMOLITION DEBRIS--Material resulting from the excavation, renovation, equipping, remodeling, repair and demolition of structures, property and roads, and material consisting of vegetation resulting from land clearing and rubbing, utility line maintenance and seasonal and storm-related cleanup. This term includes, but is not limited to, bricks, concrete and other masonry material, soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles, asphaltic pavement, glass, plastics, electrical wiring and components, carpeting, foam padding, linoleum and metals that are incidental to construction, excavation, renovation, equipping, remodeling, repair or demolition. CONTAMINANT--Any physical, chemical, biological or radiological substance or matter that makes impure, infects, corrupts, or otherwise contaminates another substance or the environment. CORRUGATED CARDBOARD--Any cardboard which is usually smooth on both sides with a corrugated center and commonly used for boxes. This term does not include material with wax coating or regulated material. CURBLINE--The area between the sidewalk and the street curb, used for deposit of solid waste for collection pursuant to this Chapter. CURBLINE PROGRAM--Recycling programs pursuant to this Chapter and regulations thereunder for source separation of recyclable material and other solid waste for collection, and the collection and disposal of the separated recyclable material and other solid waste. This term includes, but is not limited to, residential user collection, multiresidential complex collection, and commercial user collection programs. DEAD ANIMALS--Animal carcasses or parts thereof animals, or parts thereof, that have died which are not otherwise hazardous, infectious, regulated medical waste or regulated material. This term does not include the following: animal carcasses or parts thereof from slaughterhouses, animal carcasses or parts thereof specifically prohibited by this Chapter, rule or regulation of the Commissioner, or other law; bodies of human beings or parts thereof. DEPARTMENT--The Department of Street Sanitation unless otherwise specified herein. DISCARD--To abandon or recycle. DISCARDED MATERIAL--All material which is abandoned, recycled or inherently waste-like. DISPOSAL--Any abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing of any waste into or on any land or water so that such waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. This term includes the thermal destruction of waste and the burning of such waste as fuel for the purpose of recovering useable energy. DUMPING--To place, deposit, leave, litter, throw, cast or otherwise dump waste. DWELLING UNIT--One or more rooms, in a building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, designed for occupancy by one (1) family for cooking, living and sleeping purposes, as defined in Chapter 511, Zoning, of this Code. ENVIRONMENT--Any water, water vapor, land surface or subsurface, air, fish, wildlife, biota and other natural resources. ENVIRONMENTAL LAW--Any and all statutes, laws, ordinances, ruled, regulations, permits, licenses, orders and/or directives of any governmental agency, now or hereafter in effect, relating to the protection of the environment or governing or regulating the use, storage, treatment, generation, transportation, processing, handling, abandoning, production or disposal of or release of any chemical, substance, waste, pollutant or contaminant. ESTABLISHMENT--All commercial, manufacturing or industrial operation conducted on real property or premises. EXPLOSIVE MATERIAL--Any solid or liquid substance which acts by chemical reaction to liberate at high speed heat and gas, and create tremendous pressure. An explosive substance, especially one used to produce an explosive effect. FAMILY--One or more persons living together in one dwelling unit and maintaining a common household, including domestic servants and gratuitous guests, together with boarders, roomers or lodgers not in excess of the number allowed by Chapter 511, Zoning, of this Code as an accessory use. FILL MATERIAL--Any material, including (but not limited to) earth, rocks and gravel, which is used for filling a hole, depression or landfill. FLOODWAYS--A channel provided for the excess flow of a stream, GARBAGE--Any putrescible animal and vegetable wastes, kitchen refuse or table scraps resulting from the handling, preparation, cooking and consumption of food. This term does not include regulated material. GENERAL FUND--An account for all financial resources of the City of Buffalo except those required to be accounted for in another fund, including an enterprise fund. GENERATION--Any act or process of bringing into being, origination, or production of waste. GLASS--New and used glass, used mostly for food and beverage containers, which have been rinsed and are free of food contamination. This term includes clear (flint), green and brown (amber) colored glass bottles. This term does not include ceramics, plate glass, auto glass, Pyrex, leaded glass, mirrored glass, or regulated material. GOVERNMENTAL AGENCY--Any federal, state, local or foreign government, political subdivision, municipality, court, department, agency or other entity, body, organization or group exercising legislative, quasi-judicial, regulatory or administrative function of government. GRUBBING--The process of cleaning ground of roots and stumps by digging them up, clearing real property by digging or breaking up the soil. HAZARDOUS MATERIAL--Any material which is designated by the Commissioner or another governmental agency, and which, when transported in commerce in a particular amount and form , may pose an unreasonable risk to health and safety or property. This term includes, but is not limited to, explosive material, radioactive material, etiologic agent, flammable or combustible liquid or solid poison, oxidizing or corrosive material and compressed gas. HAZARDOUS WASTE--Any waste, or a combination of wastes, which, because of its quantity concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed. This term includes, but is not limited to, explosive material, high-level radioactive material, toxic substances, solid waste generated from the treatment, storage or disposal of hazardous waste, and those substances which the Commissioner of Public Works or other governmental agencies has identified as a hazardous waste pursuant to the above criteria and has included on a list of hazardous waste promulgated by the Department of Public Works or other governmental agency. HEALTH COMMISSIONER--The County Health Commissioner of the County Department of Health, as defined in 1-14 of this Code. HIGH-GRADE PAPER--Any-high-quality paper including, but is not limited to, letterhead paper, bond paper, typing paper, copier paper, note pad paper, writing paper, envelopes without glassine windows, other nonglossy office paper without plastic, computer printer paper, computer printout paper, computer tab cards, onion skin paper, and other high-quality paper. This term does not include wax paper, plastic or foil-coated paper, styrofoam, wax-coated food and beverage containers, carbon paper, blueprint paper, cardboard, or paper which has been contaminated by food, or soiled by any substance, other than water, or regulated material. HIGH-LEVEL RADIOACTIVE MATERIAL--Any highly radioactive material resulting from the reprocessing of spent nuclear material, including, but not limited to, liquid waste that contains fission products in sufficient concentrations, and other highly radioactive material. IMPACT AREA--The area within a circumference of a quarter-mile radius from the point or points of emission of an odor from an establishment. To qualify as an "impact area," at least twenty percent (20%) of the area within the circle drawn must include land designated for a residential use by Chapter 511, Zoning, Articles IV through VIII of this Code. INCOMBUSTIBLE MATERIAL--Any material which is not apt to catch fire, not capable of burning or can not properly be disposed of in an incinerator by routine combustion methods. This term includes, but is not limited to, metal cans, bottles, floor-sweepings, crockery or glass, ashes, products of combustion and all other incombustible waste. This term does not include earth, sand, lumber, brick, stone, concrete, plaster or other substances that may accumulate as a result of building, construction or repair operations and manure. INDUSTRIAL WASTE--Regulated material which are generated by, or originates in and around industrial processes and manufacturing operations or occurs as a result of any industrial activity. This term includes, but is not limited to, solids, such as solidified chemicals, paints or pigment, the end or by-products of incineration ash, foundry sand, dredge spoil, contained gaseous material; hazardous waste; and any liquid, sludge, septage, solid, semisolid substance or contained gaseous material in which any of the foregoing is intermixed or absorbed, or onto which any of the foregoing is adhered. This term does not include refuse originating from the commercial user's office operations, or vegetative yard waste resulting from tree or landscaping services. INFECTIOUS AGENTS--Organisms which cause disease or have an adverse health impact on human beings or animals. INFECTIOUS WASTE--Any waste which has been exposed to or is comprised of infectious agents and must, therefore, be isolated as required by environmental law or governmental agencies. This term includes, but is not limited to, equipment, instruments, utensils, and fomites, (any substance that may harbor or transmit pathogenic organisms) of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease; laboratory waste, such as pathological specimens (e.g., all tissues, specimens of blood elements, excreta, and secretions obtained from patients or laboratory animals) and disposable fomites attendant thereto: surgical operating room, pathologic specimens and disposable fomites attendant thereto; as well as similar disposable material generated by organizations, such as, medical institutions, dental institutions, biological research organization, laboratories and hospitals. INSTITUTIONAL SOLID WASTE--All solid waste which is generated by, or originated in and around educational, healthcare, correctional, hospitals, public, charitable, philanthropic, religious institutions, and other institutional facilities. This term does not include regulated material. JUNK DEALER--Any person and any principal, employee, agent or servant thereof engaged in the conducting, managing or carrying on the business of buying, selling or otherwise dealing in, either at wholesale or retail, any used or second-hand material of any kind, including, but not limited to, rags, paper, rubbish, bottles, glassware, bags, cloth, rubber, iron, brass or copper as defined in Chapter 254, Junk Dealers and Pawnbrokers, of this Code. LAND CLEARING--The act or process of removing obstructions from the surface and subsurface of real property. LANDFILL--Any disposal facility or part of a facility where waste is placed in or on land, and which is not a land treatment facility, a surface impoundment, or an injection well. LARGE APPLIANCES--Discarded machine or device for performing a specific task. This term includes stoves, refrigerators, dishwashers, dryers, washing machines, scrap metal and other large appliances not specifically prohibited by this Chapter or by the rules and regulations of the Commissioner. This term does not include air conditioners, microwave emitting equipment, microwave ovens, and televisions and regulated material. LITTER--To throw, dump, deposit, place, or cause to be thrown, dumped, placed, or deposited, any waste. LOW-LEVEL RADIOACTIVE MATERIAL--Any radioactive material classified by the Nuclear Regulatory Commission as low-level radioactive waste. MAGAZINES--Glossy paper products not specifically prohibited by this Chapter or the Commissioner. This term includes glossy catalogs and other glossy paper. This term does not include regulated material. MARSH OR WETLAND AREA--Any real property which may be permanently, temporarily or intermittently covered with fresh or salt-water and commonly referred to as flood basins or flats, meadows, shrub swamps, wooded swamps, swamp or bogs. METAL CANS--Containers fabricated primarily of steel or tin or bi-metal cans of steel, tin and/or aluminum. This term does not include aluminum containers or regulated material. MULTIRESIDENTIAL COMPLEX--Four (4) or more dwelling units located on a single property or continuous properties under common ownership, control or management. The term includes, but is not limited to, an apartment, condominium unit, townhouse cooperative unit, mobile home, living unit in a group home and room or set of rooms in a boarding house. The term does not include rooms within an one-family dwelling, motel or hotel. MULTIRESIDENTIAL COMPLEX COLLECTION PROGRAM--Any recycling program for source separation, collection and disposal of recyclable material from the owners and occupants of multiresidential complexes. MUNICIPAL DUMPING GROUND--Such property as the City designates to accept solid waste. This term includes, but is not limited to, the City's transfer stations. NEW YORK STATE SOLID WASTE MANAGEMENT PLAN--A plan adopted, pursuant to New York State Environmental Conservation Law 27-0101 et seq., establishing a scale of state priorities for solid waste management. NEWSPRINT--Common, inexpensive machine finished paper made chiefly from wood pulp and mostly used for newspapers. This term includes, but is not limited to, newspapers, newspaper advertisements, supplement, comics, paperback books, telephone books and inserts. This term does not include cardboard, magazines or regulated material. OCCUPANT--Any person who owns, controls, resides, rents, or otherwise occupies real property or premises. OFFENSIVE OR NOXIOUS ODOR--The minimum concentration of odor required to give the first sensation of fetid or noisome odor to a person of average odor sensitivity. ONE-FAMILY DWELLING--A building containing one (1) dwelling unit and designed or exclusively for occupancy by one (1) family, as defined in Chapter 511, Zoning of this Code. OWNER--Any owner of real property or premises within the City or another person who has agreed to be the owner's agent. PAPER--All high-grade paper, fine paper, newsprint, office paper, school paper, nonglossy catalogs, junk mail and similar cellulosic material. This term does not include wax paper, plastic or foil-coated paper, styrofoam, wax-coated food and beverage containers, carbon paper, blueprint paper, cardboard, paper which is contaminated by food, soiled by any substance or material other than water, or regulated material. PATRON USE--Any enjoyment of the commercial user's real property or premises by a customer or client of that commercial user or the occupant of commercial property. PERSON--Any individual, firm, partnership, commission, company, corporation, association, joint venture, cooperative enterprise, trust, estate, governmental agency, or any other legal entity or any group of such persons which is recognized by law as the subject of rights and duties. In any provision of this Chapter prescribing a fine, penalty or imprisonment, the term "person" shall include, but is not limited to, the officers, directors, partners, managers, trustees, agents or persons in charge of a firm, partnership, commission, company, corporation, association, joint venture, cooperative enterprise, trust, estate, or governmental agency or other legal entity having officers, directors, partners, managers, trustees, agents or other persons in charge. PEST--Any plant or animal detrimental to humans or to their interests. This term includes, but is not limited to, rats and pigeons. PETITION--Any document seeking public redress, in the form prescribed by the City Clerk, including any required number of dated signatures. PETROLEUM--Oily, flammable liquid solution of hydrocarbons. Petroleum-based oils of any kind which have been refined, re-refined, or otherwise processed for the purpose of being burned as a fuel to produce heat or usable energy, or which are suitable for use as a motor fuel or lubricant in the operation or maintenance of an engine. PLASTIC CONTAINERS--Containers composed of high-density polyethylene (HDPE), low-density polyethylene (LDPE), polyethylene and polyethylene terephthalate (PET) or other specific plastics as the Commissioner may designate. This term does not include regulated material. PREMISES--A building or group of buildings constituting a single property and the lot or parcel of land on which such building or buildings are located. PREPARATION--Any process by which waste is made ready for collection and disposal, PUBLIC COLLECTION- Any collection or disposal of solid waste by the City of Buffalo including the collection and removal of scattered solid waste pursuant to this Chapter or the rules and regulations promulgated by the Commissioner. PUBLIC COLLECTION BOARD OF APPEALS--The board of appeals established pursuant, to article six of the Charter to review determinations made by the Commissioner regarding public collection user fee complaints. PUBLIC PLACE--Any real property or premises open to the use of the general public. This term includes, but is not limited to, public parks, open spaces, and other public places. QUALIFIED INDIVIDUAL WITH A DISABILITY--A person with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility for the receipt of services or the participation in programs or activities provided by a governmental agency. REAL PROPERTY--All really located within the City whether occupied by owner or rented, whether commercial or residential. RECEPTACLE--Any container or vessel for temporary disposal of waste, such as a trash can, garbage can or dumpster. RECOVERY--The act of gaining, obtaining, regaining or retaking useful material from waste, RECYCLABLE MATERIAL--Any of the following solid waste material: aluminum containers; glass; metal cans; plastic container; boxboard; cardboard; corrugated cardboard; paper; vegetative yard waste; wood waste; and such other solid waste material which can be collected, separated and/or treated, reclaimed, used or reused to produce new raw material or product as designated in the rules and regulations promulgated by the Commissioner. This term does not include regulated waste. RECYCLING--Any method, technique or process by which materials, which otherwise would become solid waste, are collected, separated and/or processed, treated, modified, converted, reclaimed, used or reused so that its components may be beneficially used or reused as raw materials or products. RECYCLING COLLECTION AREA--Any facility designed and operated solely for the receiving and storing of recyclable material. REFUSE--All rejected or discarded putrescible and nonputrescible solid waste. This term includes garbage, rubbish, and ashes. This term does not include regulated material. REGULATED MATERIAL--Any material which has been exposed to or is a chemical substance, waste, or pollutant, as defined in or governed by any environmental law or as determined by any governmental agency or the Commissioner, including, but not limited to, high-level and low-level radioactive waste, hazardous material, hazardous waste, infectious waste, raw sewage, septage, sludge, regulated medical waste, industrial waste, petroleum or waste oil. REGULATED MEDICAL WASTE--Any waste which is generated in the diagnosis, research, treatment or immunization of human beings or animals, or in the production or testing biologicals. This term includes, but is not limited to, infectious waste, syringes, lancets, needles. REGULATED SUBSTANCE COLLECTOR--Any person licensed or permitted by the State of New York, the federal government, or any department or agency thereof, to collect, remove, transport, or dispose of any regulated material. REGULATED USE PERMIT--A permit issued by the Common Council pursuant to 216-32 of this Chapter which allows or regulates the use of real property or premises which creates or has created offensive or noxious odors. RESIDENTIAL SOLID WASTE--Solid waste which is generated by, or originating in and around residential user. This term does not include bulk solid waste or large appliances in excess of the amounts specified in the Chapter or in the rules or regulations of the Commissioner, or regulated material. RESIDENTIAL USER--A person who owns or occupies an improved parcel of land in the City of Buffalo, which is designed for or occupied by a residential use with three (3) or fewer dwelling units. This term includes, but not limited to, vacant lots and two residential structures on one parcel. RESIDENTIAL USER COLLECTION PROGRAM--Any recycling program concerning residential users. RESTRICTED LOCATION--Any area in which landfills are prohibited by provisions of this Chapter and my other environmental law. This term includes, but is not limited to, areas within or directly adjacent to a residential area, within or directly adjacent to any marsh or wetland area or within the floodways as indicated on the current National Flood Program Boundary and Rate Maps. RUBBISH--Nonputrescible solid wastes consisting of both combustible and incombustible wastes. This term includes, but is not limited to, dirt, fill, nonrecycable paper, wrappings, cigarettes, wood, wires, glass, bedding, furniture and similar material which are not recyclable material. This term does not include regulated material. SCAVENGE--The unlicensed, unauthorized or uncontrolled removal of waste at any point in the waste stream. SEPARATION--To divide and set apart different types of solid waste. SEPTAGE--The contents of a septic tank, cesspool or other individual sewage treatment facility which receives domestic sewage wastes. SERVICE REVIEW--The process by which all complaints concerning classifications of properties and/or billing rates of public collection user fees are determined by the Commissioner to be correct or incorrect. SLUDGE--Accumulated semi-liquid suspension of settled solids deposited from wastewaters or other fluids in tanks or basins resulting from process or treatment operations, or residues from the storage or use of liquids. This term does not include solid or dissolved material in domestic sewage or other significant pollutants in water resources, silt, dissolved material in irrigation return flows or other common water pollutants. SOLID WASTE--All putrescible and nonputrescible material or substances discarded or rejected as having served their original intended use or as being spent, useless, worthless, or in excess to the person at the time of such discard or rejection. This term includes, but is not limited to, garbage, ashes, refuse, rubbish, and recyclable material. This term does not include solid or dissolved matter in domestic sewage or substances, material in non-containerized gaseous form, or regulated material. SOLID WASTE ADVISORY COMMITTEE--The advisory committee established pursuant to this Chapter to advise the Commissioner on policies for the City regarding solid waste collection and disposal and recycling. SOLID WASTE COLLECTION--Any act or process of gathering, assembling, or otherwise collecting solid waste. SOLID WASTE COLLECTOR--Any person, other than the City, duly licensed to collect; remove, transport, or dispose of commercial solid waste or industrial waste, with or without charge or payment. SOLID WASTE ENTERPRISE FUND--Accounting fund separate and distinct from the City's general fund created pursuant to this Chapter to account for the revenues, costs and expenses from the City's collection and disposal of solid waste. SOLID WASTE MANAGEMENT--The purposeful, systematic control of the generation, storage, collection, processing and disposal of solid waste. SOLID WASTE REVIEW PANEL--The panel established pursuant to this Chapter to hear and decide classification and billing complaints. SOURCE SEPARATION--To sort recyclable material from other solid waste at the point of generation for sale or other disposition. SPECIAL EVENT--An event as defined in 414-2 of this Code. STORAGE--A space or place for the proper safekeeping of solid waste. TIRE--The rubber covering for a wheel. TOXIC SUBSTANCE--Matter which acts or is likely to act as a poison. TRANSPORTATION--The conveyance of solid waste. TREATMENT--Any method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize such waste or as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. USE--That enjoyment of property which consists in its employment, exercise or practice. USER FEE--The charges authorized in Article 15 of the Charter of the City of Buffalo and established in this Chapter for the services of public collection of solid waste. VACANT LOT--Any parcel of land which are not improved by a structure. This term does not include active parking lots. VEGETATIVE YARD WASTE--Compost material, organic yard and garden waste, leaves, grass clippings and brush. This term does not include regulated material. WASTE--Any garbage, sludge and other discarded material, whether or not such material may eventually be used for some other purpose. WASTE OIL,--Used oil. This term includes, but is not limited to, petroleum, engine lubricating oil, fuel oil, motor oil, gear oil, cutting oil, transmission fluid, hydraulic fluid, dielectric fluid, oil storage tank residue, animal oil, and vegetable oil which has been contaminated by physical of chemical impurities, through use or accident, and has not subsequently been refined. WASTE STREAM--The process of waste collection and disposal from generation of waste through its collection and disposal. WOOD WASTE--Logs, pallets and other wood material. This term does not include regulated material. Pursuant to Section 35 of the Charter, these amendments shall take effect on October 1, 1996. 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. 188 By: Mrs. LoTempio and Mr. Helfer Ordinance Amendment Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Section 175-1 of Chapter 175 of the Code of the City of Buffalo be amended to read as follows: Chapter 216, Garbage, Rubbish and Refuse Fee [216-3, collection service permit, annually $1,050.00] 216-7, 216-15(G), 216-55, excessive solid waste charges Removal of excess solid waste Category Number of Containers per Week Weekly Charge SB I Up to 30 $60.00 SB II 31 to 50 $90.00 III Up to 50 $136.00 IV 51 to 100 $200.00 V 101 to 150 $225.00 VI 151 to 200 $250.00 VII 201 to 250 $275.00 VIII 251 to 300 $300.00 IX 301 to 350 $350.00 X 351 to 400 $375.00 XI 401 to 450 $425.00 XII 451 to 500 $475.00 XIII 501 to 550 $525.00 XIV 551 to 600 $575.00 XV 601 to 650 $625.00 XVI 651 to 700 $675.00 XVII 701 to 750 $725.00 XVIII 751 to 800 $775.00 XIX 801 to 850 $825.00 XX 851 to 900 $875.00 XXl 901 to 950 $925.00 XXII 951 to 1,000 $975.00 XXIII 1,001 to 1,050 $1,025.00 XXIV 1,051 to 1,100 $1,075.00 XXV 1,101 to 1,150 $1,125.00 XXVI 1,151 to 1,200 $1,175.00 XXVII 1,201 to 1,250 $1,225.00 XVIII 1,251 or more $1.00 per container 216-15, collection and disposal charges [Removal of refuse materials in excess of 1 1/2 cubic yards or in excess of 10 30-gallon containers] [CategoryNumber of Containers per Week Weekly Charge SB I Up to 30 $60.00 SB II 31 to 50 $90.00 III Up to 50 $136.00 IV 51 to 100 $200.00 V 101 to 150 $225.00 VI 151 to 200 $250.00 VII 201 to 250 $275.00 VIII 251 to 300 $300.00 IX 301 to 350 $350.00 X 351 to 400 $375.00 XI 401 to 450 $425.00 XII 451 to 500 $475.00 XIII 501 to 550 $525.00 XIV 551 to 600 $575.00 XV 601 to 650 $625.00 XVI 651 to 700 $675.00 XVII 701 to 750 $725.00 XVIII 751 to 800 $775.00 XIX 801 to 850 $825.00 XX 851 to 900 $875.00 XXI 901 to 950 $925.00 XXII 951 to 1,000 $975.00 XXIII 1,001 to 1,050 $1,025.00 XXIV 1,051 to 1,100 $1,075.00 XXV 1,101 to 1,150 $1,125.00 XXVI 1,151 to 1,200 $1,175.00 XXVII 1,201 to 1,250 $1,225.00 XXVIII 1,251 or more $1.00 per container] Refuse material of a combustible nature, generated in the city, disposed at city disposal plant Person residing in or doing business in city (except licensed [refuse collection contractors] solid waste collectors) 500 pounds or less$2.10, plus Each additional 500 pounds or part thereof contained in load $1.05 Licensed [collection contractors] solid waste collectors, per ton computed monthly tonnage delivered$11.55 [216-20, landfill operation license $26.50] 216-55 Residential user fees. Annual Fee Vacant lots $139.64 Single $146.51 Double $174.99 Triple $176.79 2 houses on one lot$177.93 216-56 Commercial user fees. Annual Fee The minimum rate the Commissioner may charge, covering the cost of collection. Fixed cost plus variable rate per square foot Fixed Cost $107.84 User CategoryVariable (per 100 Sq. Ft.) I Low User $0.41 (0 to 40 lbs. per 100 sq. ft) II Med-Low User $1.23 (40 to 80 lbs. per 100 sq. ft.) III Medium User $2.05 (80 to 120 lbs. per 100 sq. ft.) IV Med-High User $2.86 (120 to 160 lbs, per 100 sq. ft.) V High User $3.68 (over 160 lbs, per 100 sq. ft) Dumpster Rental Annual Fee Per Pick Up Fee at one pick up per week 4 cubic yard box $763.00 $14.67 6 cubic yard box $1,091.00 $20.98 8 cubic yard box $1,418.00 $27.27 10 cubic yard box $1,746.00 $33.58 2-8 cubic yard box $2,729.00 $52.48 2-10 cubic yard box$3,384.00 $65.08 216-57 Past due accounts The following fees shall be in addition to statutory interest and costs, where applicable. Collection processing charge $20.00 Additional charge to be added to Actual amount charged all accounts sent to outside credit or by the credit or collection agency collection agency Additional charge for administrative and legal expenses to be added after litigation is commenced to collect past due accounts, plus actual costs and disbursements In the case of amounts past due of $50.00 $500.00 or less in the aggregate In the case of amounts past due of $100.00 more than $500.00 but less than $2,001.00 in the aggregate In the case of amounts past due of $200.00 more than $2.001.00 but less than $10,001. 00 in the aggregate In the case of amounts due of $500.00 $10,001.00 or more in the aggregate 216-62, receptacles for events Trash can, and $1,50 per can Dumpster, and $150.00 per dumpster Tipping fee As provided in the City's disposal contract Chapter 263, Licenses 263.26, collection service permit, annually $1,050.00 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. 189 By: Mrs. LoTempio and Mr. Helfer Ordinance Amendment Chapter 263 - Licenses The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 263 of the Code of the City of Buffalo be amended to add new Article VI, Solid Waste Collection, to read as follows: SOLID WASTE COLLECTION 263-25 Definitions. As used in this Article, the following terms shall have the meanings indicated, or as indicated in Chapter 216, Garbage, Rubbish and Refuse, of this Code: COMBUSTIBLE MATERIAL--Material which is apt to catch fire, capable of burning, or that will readily and safely burn in an incinerator and may be properly disposed of there. This term includes garbage, paper and wood. COMMERCIAL USER--Any person who owns or occupies a parcel of land in the City of Buffalo which is designed for or occupied by the use other than a one-, two-, or three-family residential use. This term includes, but is not limited to, multiresidential complex, government properties, institutional properties, industrial properties, parking lots, parking garages and parking ramps. DISPOSAL SERVICE--The collection and removal of solid waste. FILL MATERIAL--Any material, including, but not limited to, earth, rocks and gravel, which is used for filling a hole, depression or landfill. GARBAGE--Any putrescible animal and vegetable wastes, kitchen refuse or table scraps resulting from the handling, preparation, cooking and consumption of food. This term does not include regulated materials. LANDFILL--Any disposal facility or part of a facility where solid waste is placed in or on land, and which is not a land treatment facility, a surface impoundment, or an injection well. REAL PROPERTY--All realty located within the City, whether occupied by owner or rented, whether commercial or residential. RECEPTACLE--A container or vessel for temporary disposal of solid waste, such as a trash can, garbage can or dumpster. REGULATED MATERIAL--Any material which has been exposed to or is a chemical, substance, waste, or pollutant, as defined in or governed by any environmental law or as determined by any governmental agency or the Commissioner of Street Sanitation, including, but not limited to, high-level and low-level radioactive waste, by-product material, hazardous waste, infectious waste, raw sewage, septage, sludge, regulated medical waste, industrial solid waste, petroleum or waste oil. SOLID WASTE--All putrescible and nonputrescible materials or substances discarded or rejected as having served their original intended use or as being spent, useless, worthless, or in excess to the owner at the time of such discard or rejection. This term includes, but is not limited to, garbage, ashes, refuse, rubbish, and recyclable materials. This term does not include solid or dissolved matter in domestic sewage or substances, materials in noncontainerized gaseous form, or regulated materials. SOLID WASTE COLLECTOR--Any person, other than the City, duly licensed to collect, remove, transport, or dispose of commercial solid waste or industrial waste, with or without charge or payment. WASTE--Any garbage, sludge, and other discarded material, whether or not such material may eventually be used for some other purpose. 263-26 Solid waste collector permit required; application; issuance. No person shall remove or cause to be removed any of the contents of any receptacle placed in or outside of a building for collection, nor shall any person collect or perform the duties of a solid waste collector, or convey, carry or transport any solid waste through, over or along any of the streets of the City of Buffalo as long as the City of Buffalo is collecting such solid waste in the City, except as follows: A. Any person who is the holder of a permit duly issued by the Erie County Health Department, pursuant to the provisions of Article VIII of the Sanitary Code of Erie County, may apply in writing to the Common Council for its approval to operate a disposal service for the collection of solid waste originating in the City of Buffalo. Such approval shall be subject to the following conditions and requirements: (1) The written consent of the Commissioner of Street Sanitation. (2) That the applicant shall observe all the sanitary requirements as prescribed by the health ordinances of the City of Buffalo, all other applicable ordinances of the City of Buffalo and any regulations of the Department of Health of Erie County now or hereafter in effect. (3) That the Commissioner of Street Sanitation shall have the power to impose such conditions or restrictions regarding said disposal service as he or she may deem necessary and may from time to time change such conditions, restrictions or regulations and may, in his or her discretion, revoke the permit granted pursuant to this Article at any time. (4) That the applicant shall provide to the Department of Street Sanitation a list of commercial users within the City the applicant has contract to service, with updating of the list of such contractees annually. The applicant shall disclose within five (5) days of the commencement or termination of any of its contracts the commercial users to be serviced or to be no longer serviced under contract with the applicant. Disclosure by an applicant of the identity of the serviced commercial users shall be deemed to be disclosure of trade secrets or information derived from a commercial enterprise disclosure of which would cause substantial injury to the competitive position of the subject enterprise for purposes of Article 6 of the New York State Public Officer Law (the Freedom of Information Law) and the federal Freedom of Information Act, 5 U.S.C. 552. Failure to provide this information to the Department may result in the revocation of the permit granted pursuant to this Article. B. Issuance of permit. (1) If the application is approved by the Common Council, the Commissioner of Street Sanitation shall issue to the applicant a permit to operate said collection and disposal services in such form as the Commissioner of Street Sanitation may prescribe and subject to any conditions in reference thereto imposed by the Common Council. (2) The permit fee to be paid pursuant to this section shall be as provided in Chapter 175, Fees, of this Code. (3) No permit issued pursuant to this Article shall be transferable. That Chapter 263 of the Code of the City of Buffalo be amended to add a new Article VII, Landfills, to read as follows: LANDFILLS 263-27 Landfill operation license required. It shall be unlawful for any person to conduct, operate, maintain or use any real estate in the City of Buffalo as landfill area or any other type of place for the reception or disposition of any type of inert fill or solid waste for either temporary storage or final disposal without first having obtained a license for each such premises from the Commissioner of Public Works. The owner or operator of any landfill presently being operated at the effective date of this Article under an active permit issued by the Commissioner of Public Works shall not be affected by this Article for the remainder of the twelve-month life of said permit. 263-28 Application procedure. A. Each application shall be filed with the Commissioner of Public Works using forms supplied by the Commissioner Public Works and shall be accompanied by a filing fee as provided in Chapter 175, Fees, of this Code. B. The Commissioner of Public Works shall cause copies of the completed application to be forwarded to the Commissioners of Fire and Police and to the Environmental Management Commission for their recommendations. A copy shall also be transmitted to the Common Council for its information. Said recommendations shall be made within thirty (30) days and returned to the Commissioner of Public Works. C. The Commissioner of Public Works shall forward the completed application, the Department of Public Works' recommendations, his or her own recommendation and any additional pertinent information concerning the application to the City Planning Board. 263-29 Review by Planning Board. A. Upon receipt of the application and accompanying information, the City Planning Board shall schedule a public hearing thereon as soon as practicable. Said hearing shall be preceded by a notice published at least once in a newspaper of general circulation containing the name and address of the applicant, the address of the landfill and the time and location of the public hearing. B. The City Planning Board may approve the application with or without conditions or may reject it, upon stated written reasons therefor. In making its decision, the City Planning Board shall consider the landfill's impact on the health safety and welfare of the City's inhabitants as well as its impact upon the neighboring environment. The Board shall forward its decision, if positive, to the Commissioner of Public Works. 263-30 Bond and grading plan. A. Upon receipt of approach by the City Planning Board, the Commissioner of Public Works shall require the applicant to supply a cash bond or a bond issue by a surety corporation and a grading plan. B. The cash bond or bond issued by a surety corporation shall secure performance in accordance with the provisions of this Charter and the Code of the City of Buffalo and shall be in the penal sum computed as follows: fifty thousand dollars ($50,000.00) for any site up to one (1) acre, plus twenty-five thousand dollars ($25,000.00) per acre thereafter. Said bond shall be acceptable to the Corporation Counsel and the Comptroller. C. The grading plan shall be prepared and stamped by a licensed land surveyor and shall show existing grades, drainage courses and final design grades for the site. The grading plan shall be acceptable to the Commissioner of Public Works. 263-31 Issuance of license; duration. Upon completion of all requirements, the Commissioner of Public Works shall issue a license to the applicant to operate a landfill on the site described in the application for a period of twelve (12) months. 263-32 License renewal. Licenses issued hereunder may be renewed upon application therefor if the Commissioner of Public Works determines that the landfill is being operated in strict accordance with the terms of the license and this Article. 263-33 Revocation. The Commissioner of Public Works may revoke licenses issued hereunder upon notice and after affording the licensee an opportunity to be heard. Licenses would be subject to revocation for failure to correct violations after having an opportunity to do so or for failure to abide by any conditions of the license. 263-34 Additional remedies. In addition to the penalty of revocation, the Commissioner of Public Works may cause violations of this Article to be corrected and the cost thereof to be charged against the property and the bond required hereunder. Such correction shall be subject to notice and a reasonable opportunity to correct the same. 263-35 Prohibited acts. A. The dumping of solid waste that is capable of putrefaction or becoming filthy, noxious or unhealthy is prohibited. B. The placing of any combustible materials in any landfill or, in any way, mixing in or covering such materials with the fill material is prohibited. C. The placing or mixing of any regulated material of any kind within any landfill is prohibited. 263-36 Penalties for offenses; rewards. A. A violation of the provisions of 216-17 and 216-18, 263-27 through 263-35 of this Code by a person shall be deemed a nuisance, punishable by fine or other penalty. The Commissioner of Police is hereby authorized to impound vehicles engaged in illegal dumping. B. Any person violating the provisions of 216-17 and 216-18, 263-27 through 263-35 of this Code may be liable, in addition to the general penalties, to the penalties established in Chapter 137, Article 1, of this Code. C. The Commissioner of Police is authorized to offer a reward of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00) for any information leading to the apprehension and conviction of any person violating 216-17 and 216-18, 263-27 through 263-35 of this Code. 263-37 Cessation of operation. A. Upon completion of the landfill operation, the landfill operator shall completely cover the site with six (6) inches of topsoil and shall seed the entire area. B. The cash bond or surety bond will be returned to the applicant after the Commissioner of Public Works has confirmed that the following requirements have been satisfactorily met: (1) The licensee has complied with all the specifications, provisions and any specific detailed conditions contained in the permit that is part of the license. (2) The licensee or his agents have faithfully operated the landfill area in accordance with the spirit and intent of the provisions of this Article. (3) Final grading and seeding have been completed. APPROVED AS TO FORM Edward D. Peace Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION No. 190 By: Mr. Pitts and Mrs. Williams Support of Shea's Performing Arts Stage Expansion and Renovation Whereas: The Shea's Performing Arts Center is embarking on a major capital program that will expand its present stage and renovate its facilities to meet the requirements of Americans with Disabilities Regulations; and Whereas: This multimillion dollar project will provide the capability to attract large Broadway productions such as "Sunset Boulevard" and "Phantom of the Opera"; and Whereas: This bold and exciting project will expand significantly the Shea's theatrical and entertainment impact in our City and region. It will not only accommodate a larger market, but will certainly continue the progressive revenue growth the Theatre has experienced in recent years; and Whereas: In order to accomplish this project a committed working relationship must be developed between the public sector and Shea's. Now Therefore Be It Resolved That: The Common Council supports the Shea's Performing Arts Center expansion plans. Further Be It Resolved That: The Common Council approves the Shea's Performing Arts Center's submission of an application to the New York State Historic Preservation Office. PASSED AYES - 13 NOES - 0 No. 191 By: Mr. Pitts and Mrs. Gray Youth Court Extension Whereas: The City of Buffalo Department of Human Services, Parks and Recreation's Division for Youth operates a Youth Court Program funded, in part, by New York State Department of Criminal Justice Services ("DCJS") grants; and Whereas: The Youth Court Program's current contract is set to expire on August 31, 1996; and Whereas: The City of Buffalo has already approved the acceptance of $4,063 for Planning and Administration costs; and Whereas: DCJS has identified an additional $17, 172 in grant monies to extend the Youth Court Program; and Whereas: The Comptroller must provide inter-fund cash loans to allow the Youth Court Program to continue uninterrupted, such loans will be payable at the date of reimbursement; and Whereas: The City of Buffalo desires to continue the Youth Court Program. Now Therefore Be It Resolved: That the Commissioner of Human Services, Parks and Recreation be and he hereby is authorized to accept $17,172 awarded to the Division for Youth from the New York State Department of Criminal Justice Services to extend the Youth Court contract to November 30, 1996, and Be It Further Resolved: That the Comptroller be and he hereby is authorized to make inter-fund cash loans in the amounts of $4,063 and $17,172, respectively, to continue the operation of the Youth Court Program. PASSED AYES - 13 NOES - 0 No. 192 By: Mr. Pitts, Mrs. Williams and Gray Public Hearing - Homeownership Zone 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 economic development projects that cannot be Financed from annual grants; and Whereas: The proposed Homeownership Zone Project Section 108 Loan requires the approval of the local governing body. Now Therefore Be It Resolved: That the Common Council approves the submission of the Homeownership Zone Project and Section 108 Loan to the U.S. Department of Housing and Urban Development; and That this Common Council will conduct a Public Hearing regarding the Section Loan for the Homeownership Zone Project before the Community Development Committee on September 11, 1996 at 10:00 a.m. in the Common Council Chambers; and That the Department of Community Development sponsor a Community Meeting in the proposed Zone by September 30,1996; and 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 4th day of September, 1996. Mr. Zuchlewski moved to amend the above item and refer to the Committee on Community Development Second by Mr. Franczyk. LOST AYES - FRANCZYK, GRAY, KAVANAUGH, ZUCHLEWSKI - 4 NOES - BROWN, COPPOLA, HELFER, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS - 9 Mrs. LoTempio now moved her original motion to approve the above item; Second by Mr. Pitts. PASSED AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12 NOES - GRAY - 1 No. 193 By: Mr. Pitts, Coppola and Mrs. LoTempio Ordinance Amendment Chapter 165 - Electricity The Common Council of the City of Buffalo does hereby ordain as follows: That Section 165-15 of Chapter 165 of the Code of the City of Buffalo be amended to read as follows: 165-15. Rigid or flexible conduit required; exceptions. A. All wires for electric light, heat, power and signal systems operating on thirty (30) volts or more hereafter installed in any building, except single- and two family residences, shall hereafter be installed in rigid electrical nonmetallic tubing, rigid nonmetallic conduit, liquid-tight flexible metal conduit, liquid-tight flexible nonmetallic conduit, rigid or flexible metal conduit, armored conductors or metal moldings. B. This section shall not apply to temporary lighting during construction work, temporary decorative lighting, telecommunication wiring, other occupancies such as transformer stations, chemical plants and similar structures specially mentioned in the National Electrical Code in which open wiring is permitted. Cellular concrete, floor raceways as provided by Article 358 of the National Electrical Code are also excepted from the above provisions. C. This section must be waived by the Common Council for certain installations upon a recommendation by the Commissioner of Community Development and the Chief Electrical Inspector that the equipment utilized in such installation conforms with the testing standards set by Underwriter Laboratories and the installation method meets the requirements of the National Electrical Code. 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 - 13 NOES - 0 No. 194 By: Mr. Pitts and Coppola Communications System for Marine Midland Arena Whereas: The Marine Midland Arena requires a communications system to be installed prior to the official opening; and Whereas: The system proposed conforms to the testing standards set by Underwriter Laboratories and the installation of the system conforms with the requirements of the National Electrical Code; and Whereas: Though the installation of the proposed communication system does not meet the minimum standard set by Section 165-15 of the Code of the City of Buffalo, the Department of Community Development finds the proposed system to be safe; and Whereas: The Marine Midland Arena cannot open without some kind of action by the Common Council to allow this communications system to be utilized. Now Therefore Be It Resolved: That the Commissioner of Community Development be and he hereby is authorized to permit the installation of the proposed communications system in the Marine Midland Arena upon the waiver of Section 165-15 of the Code of the City of Buffalo for this particular situation only. PASSED AYES - 13 NOES - 0 No. 195 By: Mr. Pitts and Mrs. Lotempio Extension of Westside Community Services Lease Whereas: The Common Council approved extension of the Lease for Westside Community Services (W.S.C.S.) to August 31, 1996; and Whereas: Councilmember Quintana and the Mayor have agreed to conduct an evaluation of the programs offered by the Westside N.H.S-, W.S.C.S. and Concerned Ecumenical Ministries to determine the feasibility of the consolidation of services; and Whereas: The Mayor and Councilmember Quintana and affected service providers will appoint an Evaluation Team which will report to the B.U.R.A. and the Common Council within a three month period. Now Therefore Be It Resolved That: The Common Council approves the extension of the W.S.C.S. Lease and programs for three months beginning September 1, 1996. PASSED AYES - 13 NOES - 0 No. 196 By: Messrs. Quintana and Zuchlewski and Ms. Williams Request Reversal Decision to Close Peace Bridge - Pedestrians/Bicyclists Whereas: The Peace Bridge Authority voted at its July meeting to ban pedestrians and bicyclists from the bridge during an extensive reconstruction project that is expected to last from this year's Labor Day until 2,002; and Whereas: This decision is outrageous because it discriminates against the young, the poor, and those who make the lightest demands on the bridge; and Whereas: The Authority Board members are clearly out of touch with the needs of our citizens, many of whom don't have access to a car in order to get across the bridge; and Whereas: Enlightened citizens, officials and planners have been pushing for years to increase pedestrian and bicycle access to our transportation system and the Peace Bridge's announcement is a giant step backwards in that regard; and Whereas: In addition, the Canadians have developed and maintained an attractive pathway system that makes biking or walking along the Niagara River a joyful aesthetic experience, a system this Council is hoping to emulate with a Greenway Trail System that includes better bicycle and pedestrian access to the Peace Bridge arid to Front Park; and Whereas: Denying access to the bridge diminishes the potential of the Greenway System and further "landlocks" local cycling enthusiasts; and Whereas: Although the vast majority of Peace Bridge trips are made in motorized vehicles, there are still approximately 21,000 crossings a year by pedestrians and bicyclists and cutting these trips off would cause a severe hardship for many and a loss in quality of life for all; and Whereas: Surely, the small amount of room needed by pedestrians and bicyclists can be accommodated with proper planning and phasing of this project; Now, Therefore, Be It Resolved That: This Council requests the Buffalo and Fort Erie Bridge Authority to reverse its decision authorizing a ban of pedestrian and bicycle use of the bridge and requests the Authority to develop a plan that allows maximum safe use of the bridge by walkers and bikers during the proposed 6 year reconstruction project; and Be It Further Resolved That: This Common Council requests the Buffalo and Fort Erie Bridge Authority to file with the City Clerk its current proposed plans for how pedestrian and bicycle travel will be integrated when the construction work is completed; and Be It Further Resolved That: This Common Council requests Governor Pataki to intervene with the Authority to maintain pedestrian and bicycle access to the Peace Bridge during this reconstruction project; and Be It Finally Resolved That: The City Clerk be directed to send certified copies of this resolution to the Peace Bridge Authority, the NYS Department of Transportation and the members of the Western New York Congressional Delegation. Mrs. LoTempio moved to adopt the first, second and last resolve and the third resolve is hereby referred to the Committee on Legislation. ADOPTED No. 197 By: Mrs. Williams Permission to Hang 2nd Annual "Taste of Ebony" Whereas: 93.7 WBLK-FM is celebrating its annual "Taste of Ebony - Block Party '96" this Sunday, September 1st on the 700th block of Main Street; and Whereas: The event will feature non-stop live entertainment, food and a growing Main Street Market Place. Last year's attendance drew nearly 1,500 people to enjoy the sights and sounds of Downtown Buffalo during the Labor Day holiday weekend; and Whereas: WBLK organizers have requested permission to hang a banner in celebration of this event at the intersection of Pearl, Main and Edward Streets from August 29th through Sunday, September 1st. Now, Therefore Be It Resolved That: This Common Council grants permission to the organizers of the "Taste of Ebony Block Party '96" to hang their banner across Main Street from Thursday, August 29 through Sunday, September 1st, providing the banner meet all requirements of all pertinent city departments and violate no existing laws or ordinances. PASSED AYES - 13 NOES - 0 No. 198 By: Ms. Williams Hang Banner at Niagara Square Whereas: The National Conference of Christians and Jews, founded in 1927, is a human relations organization dedicated to fighting bias and racism in America; and Whereas: The National Conference promotes understanding and respect among all races, religions and cultures through advocacy, conflict resolution, and education; and Whereas: On Sunday, September 22, 1996, the National Conference, along with Cultural and Educational Leaders from the Burchfield Penney Center, The Buffalo Historical Society, Buffalo State College, E.C.C., New York State University at Buffalo, and D'Youville College is presenting the 2nd Annual Community Day; and Whereas: Community Day will take place at the Albright-Knox Art Gallery and is free to the community of Western New York; and Whereas: The National Conference has requested permission to hang a banner at Niagara Square from September 2- September 22, 1996. Now, Therefore, Be It Resolved That: This Common Council grants permission to hang a banner at Niagara Square pursuant to the conditions set forth by the Commissioner of Public Works and the Corporation Counsel. PASSED AYES - 13 NOES - 0 No. 199 By: Mrs. Williams & Mr. Czajka Relocation of Police Precinct B Whereas: As part of the Police Reorganization, the area roughly bounded by Jefferson Avenue on the east, South Park Avenue on the south, the Niagara River on the west and Utica Street on the north has been designated as the "B" Precinct; and Whereas: Presently this area is serviced by the combined station operating out of the Precinct #3 site at 672 Main Street; and Whereas: The future of this existing facility is fraught with problems including severe building dilapidation which creates inadequate working conditions, parking problems, an overcrowded working environment for the assigned officers, supervisors, and civilian personnel, and expansion plans by Shea's Buffalo Theater and Whereas: Relocation of this facility should continue to maintain a presence in the downtown area, and the District Councilmember recognizes the importance of providing ready access to both east and west parts of the patrolling area; and Whereas: Acquisition of a vacant tract of land, 695 Main Street, located virtually across the street from the existing station, has been suggested by the police department for the establishment of a new station house; and Whereas: Dollars have been placed in the 1996-97 Capital Budget for this purpose. Therefore, Be It Resolved: That this Honorable Body authorize the Comptroller to initiate acquisition of the property at 695 Main Street and report to the Council on its findings. PASSED AYES - 13 NOES - 0 No. 200 By: Mr. Zuchlewski Discharge Committee on Legislation Benderson Dev. - Rzn. 38-68 Hinman R2/CM (Hrg. Hd.) Item No. 83, C.C.P., Dec. 12, 1995 Whereas, the above item is currently tabled in the Committee on Legislation and Whereas, it is no longer necessary for this item to be considered by that Committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Committee from further consideration of this item and the item is now before the Common Council for its consideration. CARRIED Mr. Coppola now moved the approval of Item No. 83, CCP, Dec. 12, 1995 as follows: Whereas, A petition was filed with the Common Council to change the zoning classification of 38 to 68 Hinman Avenue from "R2" to a "CM" zoning district; and Whereas, the petition was referred to the Committee on Legislation which held a public hearing on the matter on December 19, 1995; and Whereas, the petition was referred to the City Planning Board which reviewed the rezoning request on December 19. 1995; and Whereas, the City Planning Board recommended rezoning to a "C2" zoning district subject to the Special Development Plan procedure of the Buffalo Code; Now, Therefore, the Common Council of the City of Buffalo hereby ordains as follows: ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo. County of Erie and State of New York, being part of Lot No. 87, Township 11, Range 8 of the Holland Land Company's Survey, and more particularly described as follows: Beginning at a point in the south line of Hinman Avenue (80' wide) a distance of Three Hundred Fifty-Eight and 80/100 (358.80) feet more or less westerly from the new west line of Delaware Avenue as measured along said south line and also being the northeast corner of Sublot 261 as shown on Map Cover 321, filed in the Erie County Clerk's Office; Thence southerly along the west line of Sublot 261 a distance of One Hundred (100.00) feet more or less to the south line of Map Cover 321; Thence westerly along the south line of Map Cover 321 a distance of Three Hundred Twenty (320.00) feet more or less to the southwest corner of Sublot 254 as shown on Map Cover 321, filed in the Erie County Clerk's Office; Thence northerly along the west line of Sublot 254 a distance of One Hundred (100.00) feet more or less to a point in the south line of Hinman Avenue (801 wide). Thence easterly along the south line of Hinman Avenue (80' wide) a distance of Three Hundred Twenty (320.00) feet more or less to the point or place of beginning; Containing 32,000 square feet (0.73 acres) more or less; Whereas, under the aforestated Special Development Plan, pursuant to the first two paragraphs of Subdivision (F) of section 511-126, Article XXV of the Buffalo Code, this special development plan shall be known as "Special Development Plan. Serial No. 25.11 and detailed in a drawing dated 11/2/95 attached hereto and incorporated herein. The following conditions and limitations are placed upon the above described premises: 1. That the front yard requirement for Hinman Avenue be retained as follows: a. Front Yard Depth: Fifteen percent of the average lot depth, but not to exceed twenty-five feet (251), b. That a solid masonry wall is constructed along the front yard setback line, c. That a landscaped yard be established in accordance with a landscaping plan incorporated as part of Special Development Plan Serial No. 25. 2. In order to mitigate any potential adverse impact from increased traffic from the proposed rezoning on the residents of Hinman Ave. and to protect the integrity of the neighborhood Benderson Development will be required to: a. Conduct a traffic study of Hinman Ave. before the opening of the Target Department store, in addition to the one already completed and another one year after the opening of the Target Department store. The purpose of the traffic studies will be to determine if the residents of Hinman Ave. have been adversely effected by increased traffic flow from the opening of the retail development and the usage of the driveway on Hinman Ave. After the traffic studies have been completed the Common Council, after consultation with the Departments of Public Works, Community Development and Streets and after consultation with the New York State Department of Transportation and Hinman Street residents can require the developer or its successors to implement mitigating measures that include but are not limited to: a. making the driveway a right turn exit only b. neckdowns on Hinman Ave. c. center islands on Hinman Ave. d. a traffic circle on Hinman and Eugene. e. narrowing of the pavement on Hinman Ave. 3. That Special Development Plan Serial No. 25 shall take effect on 4. No modification of this Special Development Plan shall be permitted except upon application, as for rezonings, under section 511-125 of Article XXV of the Buffalo Code with notice and public hearing. 5. Any building or use permit issued for the property involved in Special Development Plan Serial No. 25 shall conform to the requirements of the plan as approved in which case the permit shall contain all conditions and limitations placed thereon by the Common Council. If a building permit is not issued within six (6) months of the Common Council's approval. Said approval shall be void and the zoning classification shall be as it was when the petition for the plan was filed. 6. As a condition to the issuance on any and all permits by the City of Buffalo, the petitioner shall be required to comply with all pertinent ordinances, statutes, rules and regulations. PASSED AYES - 13 NOES - 0 No. 201 By Mr. Zuchlewski Use 38-68 Hinman Item No. 6, C.C.P., May 28,1996 Whereas, the above item is currently tabled in the Committee on Legislation and Whereas, it is no longer necessary for this item to be considered by that Committee, Now Therefore Be it Resolved, that this Common Council does hereby discharge the Committee from further consideration of this item and the item is now before the Common Council for its consideration. CARRIED Mr. Coppola now moved that Item No. 6, CCP, May 28, 1996 be received and filed. ADOPTED No. 202 By: Messrs. Zuchlewski & Quintana Set Public Hearing LDA 294 Plymouth St. Whereas, 2468 Group, Inc. and/or other legal entity to be formed herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and Whereas, The City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition Agreement for the disposition of 294 Plymouth Street in the Connecticut Street Redevelopment Project area. 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 6th day of September 1996. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 17th day of September 1996. ADOPTED No. 203 By: Mr. Zuchlewski Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Barbara Reed, By Councilmember Pitts Felicitation for Clarence Habitat Coalition, By Councilmember Pitts Felicitation for Moody Family, By Councilmember Pitts Felicitation for Dr. Dia Sekayi, By Councilmember Czajka Felicitation for Marcinea Pearson, By Councilmember Pitts Felicitation for Coalition of Black Trade Unionists, By Councilmember Pitts ADOPTED No. 204 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: Mitchell Thomas ADOPTED UNFINISHED BUSINESS No. 205 Bond Res. $750,000 - Curbs, Elmwood Item No. 183, C.C.P., July 23, 1996 Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Helfer. CARRIED Mrs. LoTempio now moved that the above item be approved. Seconded by Mr. Czajka. PASSED AYES - 13 NOES - 0 No. 206 Bond Res. $100,000 - Const. Handicap. Access. Item No. 184, C.C.P., July 23, 1996 Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola. CARRIED Mrs. LoTempio now moved that the above item be approved. Seconded by Mr. Coppola. PASSED AYES - 13 NOES - 0 No. 207 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 Tues, Sept 10, 1996 9:30 AM Finance Tues, Sept 10, 1996-following Civil Legislation Tues, Sept 10, 1996 2:00 P.M. Community Dev. Wed, Sept 11, 1996, 10:00 A.M. Committee on Education Wed, Sept 11, 1996, 2:00 P.M. No. 208 Adjournment On a motion by Mrs. LoTempio, Seconded by Mr. Czajka the Council adjourned at 5:00 P.M. Charles L. Michaux, III City Clerk