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HomeMy WebLinkAbout98-0521 No.( #) COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO SPECIAL SESSION MAY 21, 1998 Williams, Dale Zuchlewski Members MAYOR Hon. Anthony M. Masiello SPECIALCOMMITTEES COMPTROLLER TELECOMMUNICATIONS COMMITTEE: James W. Joel A. Giambra Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana, Beverly Gray, Kevin J. Helfer COMMON COUNCIL PRESIDENT OF THE COUNCIL BUDGET COMMITTEE: Rosemarie LoTempio , James W. Pitts Chairman, Byron Brown , Alfred T. Coppola, David Franczyk, Kevin J. Helfer, PRESIDENT PRO TEMPORE David A. Franczyk ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana, MAJORITY LEADER Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana Rosemarie Lo Tempio POLICE REORGANIZATION COMMITTEE: Robert COUNCILMEMBERS-AT-LARGE Quintana, Chairman, Beverly Gray, Kevin J. Helfer, Rosemarie Beverly Gray LoTempio, Dennis T. Manley Barbara Kavanaugh Rosemarie LoTempio DISTRICTCOUNCILMEMBERS ALFRED T. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY BYRON BROWN - MASTEN ROBERT QUINTANA - NIAGARA DALE ZUCHLEWSKI - NORTH DENNIS T. MANLEY - SOUTH KEVIN J. HELFER - UNIVERSITY REGULARCOMMITTEES CIVIL SERVICE COMMITTEE: Beverly Gray, Chairman, Alfred T. Coppola, Kevin J. Helfer, Barbra Kavanaugh, Dennis T. Manley CLAIMS COMMITTEE: Robert Quintana, Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara Miller-williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. Zuchlewski Chairman, Byron Brown, Richard A. Fontana, Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller-Williams Members FINANCE COMMITTEE: David Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T. Manley, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred T. Coppola, Chairman, Richard A. Fontana, Kevin J. Helfer, Barbra Kavanaugh, Rosemarie LoTempio, Robert Quintana, Members RULES COMMITTEE: James W. Pitts, Chairman Kevin J. Helfer, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Barbra A. Kavanaugh Chairman, Beverly Gray, Kevin J. Helfer, Barbara Miller- described in and who executed the foregoing instrument, and COMMONCOUNCIL they duly and severally acknowledged to me that they executed CITYHALL-BUFFALO the same. SPECIALSESSION Gerald Chwalinski THURSDAY,MAY21,1998 for the City of Buffalo, N.Y AT9:00A.M. Commission expires 12/31/98 PRESENT: James W. Pitts President of the Council, and NO.2 Council Members Brown, Coppola, Fontana, Franczyk, Gray, RECESS Helfer, Kavanaugh, LoTempio, Manley, Mrs. LoTempio made a motion to recess for 15 minutes at 9:15 Quintana, Williams and Zuchlewski - 13. a m.. ABSENT None. Seconded by Mr. Helfer ADOPTED. FROMTHEPRESIDENTOFTHECOUNCIL NO.3 NO.1 RECONVENE May 19, 1998 Mrs. LoTempio made a motion to reconvene the Special Mr. Charles L. Michaux, III Session at 9:35 a.m. City Clerk Seconded by Mr. Fontana. 1308 City Hall RECEIVED AND FILED Buffalo, New York NO.4 MAYOR'SAMENDEDREVENUEESTIMATES Dear Mr. Michaux: 1998-99($942,145) Pursuant to Section 30 of the Charter of the City of Buffalo, Common Council upon the written request of five Council Members of the City of City of Buffalo Buffalo, dated May 19, 1998, presented to you herewith, I 1301 City Hall hereby call a Special Meeting of the Common Council, to be Buffalo, New York 14201 held in the Council Chambers, City Hall, Buffalo, New York, on May 21, 1998 at 9:00 a.m. for the following purpose: Dear Members of the Common Council: To receive and take appropriate action on: Mayor's Budget By this communication I hereby amend my revenue estimates for fiscal year 1998-1999. for the 1998-99 City fiscal year as follows: Yours very truly, Depart Account Title From To Change James Pitts 06-4 75042 Auction Sales $300,000 $350,000 $50,000 President of the Council 40-1 92064 Marina Rental $337,000 $540,000 203,000 RECEIVED AND FILED 40-2 ----- Demolitions $0 $736,691 $736,691 THECOUNCIL 50-4 32233 Sub.Abuse $486,829 $439,283 ($47,546) CITYOFBUFFALO NETCHANGE $942,145 Hon. James W. Pitts I hope these new estimates will enable the Council to effectuate President Common Council revisions to my recommended budget that will improve the 1315 City Hall operations of City government. Buffalo, New York 14202 Sincerely, Anthony Masiello Dear Sir: RECEIVED AND FILED WE, the undersigned, members of the Common Council, NO.5 hereby request that you call a Special Meeting of the Common MAYOR'SAMENDEDREVENUEESTIMATES1998-99 Council, pursuant to Section 30 of the Charter of the City of ($21,000) Buffalo, for the following purpose: May 19,1998 To receive and take appropriate action on: Mayor's Budget Common Council for fiscal year 1998-1999. City of Buffalo WE request that this Special Meeting be held on May 21, 1301 City Hall 1998 at 9:00 A.M Buffalo, New York 14201 BYRON BROWN DENNIS MANLEY BEVERLY GRAY RICHARD FONTANA Dear Members of the Common Council: ROBERT QUINTANA By this communication I hereby amend my revenue estimates for the 1998-99 City fiscal year as follows: TO EACH MEMBER OF THE COMMON COUNCIL: Depart Account Title From YOU ARE HEREBY NOTIFIED that, pursuant to Section 30 of 20-0 62032 Deposit Unclaimed Property $50,000 the Charter of the City of Buffalo, upon the written request of To Change five Council Members, dated May 19, 1998 JAMES W. PITTS, $71,000 $21,000 President of the Common Council, has called a Special RECEIVED AND FILED Meeting of the Common Council, to be held in the Council NO.6 Chambers, City Hall, Buffalo, New York, on May 21, 1998 at BONDCLOSEOUTS 9:00 a.m. for the following purpose: The City of Buffalo issues bonds to provide funds to finance To receive and take appropriate action on: Mayor's Budget the costs of various capital projects which are described in the for fiscal year 1998-1999 bond resolutions submitted to the Common Council. When we Pursuant to Rule 2 of the Rules of Order of the Common raise capital funds by selling bonds, it is reasonable anticipated Council of the City of Buffalo, each of the following named that all of the projects will proceed timely and binding members of the Common Council, to wit: commitments for the completion of the projects will be entered BYRON BROWN BARBRA KAVANAUGH into in a timely manner. Proceeds of bonds not expended for ALFRED T. COPPOLA ROSEMARIE LoTEMPIO the object or purpose for which the bonds were sold must be RICHARD FONTANA DENNIS T. MANLEY applied to the payment of principal and interest on such bonds DAVID A. FRANCZYK ROBERT QUINTANA (Local Finance Law - Section 165.00) BEVERLY GRAY BARBARA A. MILLER-WILLIAMS The following accounts on the attached report: KEVIN J. HELFER DALE L. ZUCHLEWSKI 1) have a balance too small to proceed with project, hereby states that he/she received 24 hours' notice of the time 2) have no further commitments, and purpose of the Special Meeting of the Common Council 3) will not be used since project in complete, duly called to be held on May 21, 1998 at 9:00 a.m. 4) have had no activity for a number of years, or BYRON BROWN ALFRED COPPOLA 5) have never been used. DENNIS MANLEY BARBARA MILLER-WILLIAMS If these accounts are closed, $227,395.80 can be used as a BEVERLY GRAY BARBRA KAVANAUGH resource to pay 1998-99 City debt. Also, $309,140.41 can be RICHARD FONTANA ANNA GUSTINA FOR HELFER used as a resource to pay future debt service. ROBERT QUINTANA DAVID FRANCZYK Upon favorable action by your Honorable Body, my office will DALE ZUCHLEWSKI ROSEMARIE LOTEMPIO close the bond accounts and apply the remaining resources as set forth above. STATE OF NEW YORK ) PASSED COUNTY OF ERIE Ss: AYES-13, NOES-0 CITY OF BUFFALO NO.7 On this 19th day of May, 1998, before me, the subscribers, CERTIFICATEOFNECESSITY personally appeared to me known to be the same persons CAPITALBUDGETAMENDMENT AUTHORIZATIONFORADDITIONALCAPITALMichael Risman INDEBTEDNESS Corporation Counsel We, Anthony M. Masiello, Mayor and Joel A. Giambra, Note Matter in brackets [ ] to be deleted; Comptroller, do hereby certify, pursuant to Section 359 of the matter underlined is new. Charter, that it is necessary to authorize an increase in PASSED indebtedness for Capital Projects Program, provided by the AYES-13, NOES-0 Common Council prior to July 1, 1997 for the ensuing fiscal NO.11 year, by adding the following item: By Mr. Franczyk 200 Capital Projects CAPITALBUDGETAMENDMENT 402 Division of Buildings ADDITIONTOCAPITALPROGRAM1997-98 Shea's Reconstruction/Repair Women's Rest That pursuant to section 359 of the Charter and the Room $97,916 Certificate of the Mayor and the Comptroller submitted to the Dated: Buffalo, NY, May 19, 1998 Common Council, the Capital Program for the fiscal year 1997- RECEIVED AND FILED 98 be and the same is hereby amended by adding the following NO.8 item under the heading: CERTIFICATEOFNECESSITY 200 Capital Projects INCREASEDAPPROPRIATION 402 Division of Buildings DEPARTMENTOFLAW Shea's Reconstruction/Repair Women's Rest Room We, Anthony M. Masiello, Mayor and Joel A. Giambra, $97,916 Comptroller, do hereby certify pursuant to Section 41 of the PASSED Charter, that an increase in the sum of $215,000 in the AYES-13, NOES-0 estimates for the fiscal year beginning July 1, 1997 is NO.12 necessary in Appropriation Allotments - Department of Law, to By:Mr. Franczyk meet a contingency which could not have been reasonably INCREASEDAPPROPRIATION foreseen when the budget was adopted. The amount of DEPARTMENTOFLAW increased appropriation will be met from a $215,000 increase in That, Pursuant to Section 41 of the Charter and the the General City Revenue account 100-090-40231970 - Certificate of the Mayor and the Comptroller submitted to the Foreclosure Fees, not otherwise appropriated for any other Common Council, the appropriation in the budget for the purpose. The detail of the requirements are set forth below: current fiscal year for Appropriation Allotments - Department of To: Law be and the same hereby is increased in the sum of 100 General Fund $215,000 08-0 - Department of Law FROM: 001 - Corporation Counsel That, the comptroller be and hereby is authorized and directed 583 - Unclassified - $215,000 to increase the revenue estimate of account: Dated: Buffalo, NY, May 19, 1998 100 - General Fund RECEIVED AND FILED 09 - Department of Assessment NO.9 402 - City Revenues CERTIFICATEOFNECESSITY 31970 - Foreclosure Fees $215,000 DECREASEDAPPROPRIATION To meet the increased appropriation as set forth below: APPROPRIATIONALLOTMENTS-BOARDOF 100 General Fund EDUCATION 08-0 - Department of Law We, Anthony M. Masiello, Mayor and Joel A. Giambra, 001 - Corporation Counsel Comptroller, do hereby certify pursuant to Section 41 of the 583 - Unclassified $215,000 Charter, that a decrease in the sum of $1,000,000 in the PASSED estimates for the fiscal year beginning July 1, 1997 as AYES-13, NOES-0 previously amended is necessary in Appropriation Allotments - NO.13 Board of Education. The amount of decreased appropriation By: Mr. Franczyk has become necessary since this amount was previously DECREASEDAPPROPRIATION transferred (see attached Certificate of Necessity dated APPROPRIATIONALLOTMENTS-BOARDOF January 13, 1998 and accompanying Increased Appropriation) EDUCATION from a $ 1,000,000 increase in the General City Revenue That, Pursuant to Section 41 of the Charter and the account 100-810-403-85520 - State Revenue Sharing, not Certificate of the Mayor and the Comptroller submitted to the otherwise appropriated for any other purpose and at Common Council, the appropriation in the budget for the approximately the same time, an additional $1,000,000 was current fiscal year for Appropriation Allotments - Board of directly wired to the Board of Education. The detail of the Education be and the same hereby is decreased in the sum of requirements are set forth below: $1,000,000. FROM: That, the comptroller be and hereby is authorized and 100 General Fund directed to decrease the Appropriation Allotments - Board of 97-0 - Board of Education Education, transfer that amount to the below mentioned Operation and Maintenance. $1,000,000 revenue account and decrease that revenue account by TO: $1,000,000: 100 - General Fund FROM: 810 - General City Revenue 100 General Fund 403 - State Aid 97-0 - Board of Education 85520- State Revenue Sharing $1,000,000 Operation and Maintenance. $1,000,000 Dated: Buffalo, NY, May 15, 1998 TO: RECEIVED AND FILED 100 - General Fund NO.10 810 - General City Revenue By: Mr. Coppola 403 - State Aid ORDINANCEAMENDMENT 85520 - State Revenue Sharing $1,000,000 CHAPTER175-FEES PASSED he Common Council of the City of Buffalo does hereby ordain AYES-13, NOES-0 as follows: NO.14 hat Chapter 413 of Chapter 175, Fees, of the Code of the By: Mrs. LoTempio City of Buffalo be amended to read as follows: CITYOFBUFFALO § 413-59, sidewalk cafes LOCALLAWNO.4(1998) For annual license INTRODUCTORYNO.4(1998) To be paid per square foot encroaching upon the city right- A LOCAL LAW amending Article Six and Article Fifteen-A of-way [$2.00] $1.30 of the Charter of the City of Buffalo in relation to the Board of Maximum $750.00 Parking. All other temporary encroachments BE IT ENACTED BY THE COMMON COUNCIL OF THE Per day $50.00 CITY OF BUFFALO AS FOLLOWS: Per year $250.00 Section 1. That Article Six and Article Fifteen-A of the It is hereby certified, pursuant to Section 34 of the Charter, Charter of the City of Buffalo, adopted pursuant to law, are that the immediate passage of the foregoing ordinance is hereby amended to read as follows: necessary. (a) By repealing from article six, sections 109-q, 109-r, 109-s APPROVED AS TO FORM and 109-t. (b) By amending article fifteen-A as follows: writing, after an opportunity to be heard. Not more than six Sec. 295.23. Duties and Powers. members of the board shall be affiliated in the same political The director of the division of parking enforcement, under the party at any one time. supervision of the commissioner of administration and finance, Sec. 295.25-b. Duties and Powers. shall: The board shall be charged with the duty of making complete (a) Supervise, manage and be responsible for the affairs of and comprehensive studies and investigations to determine the the division of parking enforcement, which division shall include extent and character of parking demands in the city of Buffalo the following functions: ;of making surveys and inventories of existing parking facilities, (1) Parking meter operation, which includes both curb and off-street spaces, of making estimates of the installation, maintenance and removal of parking meters, as cost of the acquisition of real property necessary for or well as summons issuance; incidental to the construction or operation of parking garages or (2) Fleet operations, including fleet maintenance, parking spaces-, of making estimates of the cost of the towing and storage of impounded vehicles, and auction of construction or establishment on such real property of public unclaimed vehicles; and parking spaces and for the maintenance and operation thereof. (3) Parking violations bureau operations, including It shall: the administrative adjudication of charges related to parking (a)Provide advice on the control, management and operation violations and fine/penalty collection, for purposes of of parking garages and parking spaces owned, or otherwise establishing and maintaining a comprehensive parking held, by the city for such purposes and advise on the fixing enforcement program as defined in chapter [LXI] 307 of the and establishing of a schedule of charges for the use of such ordinances; parking garages and parking spaces, (4) Parking violations bureau operations, including (b)Perform such other duties as may be assigned to said the administrative adjudication of charges relating to violations board by local law. ordinance, or resolution of the common of article seven of the agriculture and markets law and of any council. local law or ordinance relating to the licensing, identification All records relating to the leasing of said lands used for and control of dogs. parking lots, together with a copy of all documents its, policies, (5) Parking violations bureau operations, including and instruments given as a security for the payment of the administrative adjudication of charges relating to violations indebtedness upon the leases thereof or to indemnify the city of certain ordinances relating to streets, sidewalks and therefor by reason of fire, liability. or damage thereto, shall be sanitation. filed with the board of parking. When said lands are no longer (b) Direct, coordinate and administer the fiscal management required for such use, and such purpose has terminated, the of the division, including financial planning, budget control, jurisdiction thereof shall be transferred to, and be supervised financial reports, contract administration, and the remittance of and managed by, the division of real estate and all said all penalties, fees, or revenues received to the city treasurer as records shall be filed with the division of real estate provided by local ordinance and state law; The board may advise the city concerning the sale, lease or (c) Be responsible for the development and operation of other disposal, as authorized by law, of any real property computerized management information systems to compile, acquired by the city for parking garages or parking spaces and maintain and retrieve complete and accurate records relating concerning the construction of private parking garages and to: parking spaces and shall coordinate the same with parking (1) Towing and storage of impounded vehicles; and garages and parking spaces owned by the city and with (2) All charges and dispositions of parking violations; existing facilitate facilities with the view of relieving traffic (d) Establish and maintain operating policies, standards and congestion and promoting, and aiding in the clearance, procedures for the division and its personnel, including replanning reconstruction, and rehabilitation of substandard orientation and training programs; and insanitary areas in the city. The mayor may appoint and, at (e) Develop and implement parking enforcement programs his pleasure, remove a director of parking, who shall be the not inconsistent with the provisions of local ordinances or state chief executive officer of the board and shall, subject to its laws, including the administration of special towing activities direction, have supervision and management of the affairs of and procedures to identify and process scofflaws; the board of parking and of its employees. and shall appoint (f)Act as a liaison between the department of administration such other persons to positions as shall be Provided by and finance and other city departments and agencies having a ordinance. direct or indirect interest in the affairs of the division; Sec. 295.25-c. Board Meetings, (g) identify on-street Parking problems in the city and develop The board of parking shall hold stated meetings at least twice relevant policy responses for the mayor, common council and a month and as much oftener as the board determines and the commissioners of administration and finance and of public chairman may call special meetings. A majority of the board works; shall constitute a quorum for the transaction of business. (h) Supervise, regulate, and enforce all rules, regulations or Section 2. This local law shall take effect July 1, 1998. ordinances a parking lots and areas throughout the city, IT IS HEREBY CERTIFIED, pursuant to Section 20 of the including issuing permits for the use of parking garages and Municipal Home Rule Law, that the immediate passage of this parking spaces, Local Law is necessary. (i) Lease the control, management and operation of parking APPROVED AS TO FORM garages and parking spaces owned, or otherwise held, by the Michael Risman city , subject to approval by resolution or ordinance of the Corporation Counsel council; and NOTE:Matter in brackets [ ]is to be deleted; (j) Exercise such other powers and perform such other duties matter underlined is new. as may be conferred or imposed upon him by the REFERRED TO THE COMMITTEE ON BUDGET commissioner, or by any provision of this act or by local NO.15 ordinance or state law. By: Mrs. LoTempio Sec. 295.25. Board of Parking. CITYOFBUFFALO There shall be in this division a board to be designated as the LOCALLAWNO.(1998) board qf parking. INTRODUCTORYNO.6(1998) Sec. 295.25-a. Appointment and Removal. A LOCAL LAW amending Article 24 of the Charter of the Subject to confirmation by the council, the mayor shall appoint City of Buffalo in relation to the Citizens Salary Review eleven qualified electors of the city to be members of the board Commission of parking. The term of the seven original members first BE IT ENACTED BY THE COMMON COUNCIL OF THE Appointed shall commence on the first day of April, nineteen CITY OF BUFFALO AS FOLLOWS: hundred fifty-two, and such members shall be Appointed: one Section 1. That Article 24 of the Charter of the City of for one year, one for two years, one for three years, one for four Buffalo, adopted pursuant to law, is hereby amended to read as years, one for five years, one for six years and one for seven follows: years. and their successors shall be likewise appointed, each (a) By amending section 452-a of the Charter to read as for the term of seven years. The four additional members first follows appointed after April 1, 1994 shall be appointed: one for four Sec. 452-a. Citizens Salary Review Commission. years, one for five years, one for six years, and one mayor,.and The citizens salary review commission shall consist of nine their successors shall each be Appointed for a term of seven citizens appointed by the board of review. The term of one- years. Vacancies in the board shall be likewise filled for the third of the members first appointed shall expire on December unexpired portion of such term. The mayor shall designate from thirty-first, nineteen hundred eighty; one-third on December among the members the chairman of the board and thirty-first, nineteen hundred eighty-one; and one-third on may, from time to time, change such designation. The Mayor December thirty-first, nineteen hundred eighty-two; and their may, at any time, remove a member for reasons stated in successors shall be appointed for terms of three years each so that the term of office of one-third of such members shall expire Be It Further Resolved: on the last day of December in successive years. Each That if agreement on this plan is not reached so as to permit member shall continue to serve until the appointment and its implementation by July 1, 1998 this Common Council will qualification of his successor. Vacancies in said commission indeed discharge its commitment to the Citizens of the City of occurring otherwise than by the expiration of term shall be filled Buffalo to reduce the garbage user fee by whatever means by the board of review for the unexpired term. At no time shall necessary including layoffs, privatization of garbage collection, the commission consist of more than six citizens of one political transfer station operations and any other services and party. functions capable of providing the cost savings and/or Beginning on January first, nineteen hundred eighty, the revenues necessary to allow for the proposed reduction in the commission shall review the salaries of all elected officials of garbage user fee. the city of Buffalo including members of the board of education ADOPTED and report its recommendations to the common council [by May NO.17 first of that year]. The common council [must] May adopt, DISCHARGECOMMITTEEOFTHEWHOLE modify or reject the report of the commission [by June fifteenth ORD.AMEND.CH.175FEESEMERG. of said year]. [The effective date of any approved RESCUE/RESPONSE(ITEM180,MAY12,1998) recommendations shall be January first of the next even year Whereas: The above item is currently in the Committee of after approval, beginning January first, nineteen hundred the Whole; and eighty-two. The review of salaries as set forth above shall occur Whereas: It is no longer necessary for this item to be during every even year starting with nineteen hundred eighty.] considered by that committee; [However, this section shall not apply to any salary changes Now, Therefore, Be It Resolved: approved during nineteen hundred eighty-five prior to That this Common Council does hereby discharge the November five and made effective January first, nineteen Committee of the Whole from further consideration of this item, hundred eighty-six.] and said item is now before the Council. Section 2. This local law shall take effect immediately. Carried IT IS HEREBY CERTIFIED, pursuant to Section,20 of the Mrs. LoTempio now moved the approval of Ord. Amend. Municipal Home Rule Law, that the immediate passage of this Ch. 175 Fees Emergency Rescue, etc. ( Item 180, CCP Local Law is necessary. 5/12/98). APPROVED AS TO FORM Seconded by Mr. Brown Michael Risman PASSED Corporation Counsel AYES-13, NOES-0 Matter in brackets [ ] to be NO.18 deleted; matter underlined is new. Discharge Committee of the Whole PASSED Homestead and Non-Homestead Base Proportions AYES-BROWN, COPPOLA, FRANCZYK, GRAY, HELFER, (Item 178, May 12,1998) KAVANAUGH, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, Whereas: The above item is currently in the Committee of ZUCHLEWSKI the Whole and NOES-FONTANA, MANLEY Whereas: It is no longer necessary for this item to be NO.16 considered by that committee; By:Council Members LoTempio, Helfer, Pitts, Gray, Now, Therefore, Be It Resolved: Kavanaugh, Coppola, Miller-Williams, Franczyk, Fontana, That this Common Council does hereby discharge the Brown, Quintana, Zuchlewski, Manley. Committee of the Whole from further consideration of this item, NEGOTIATELOCAL#264-REDUCTIONOFGARBAGEand said item is now before the Council. USERFEE Seconded by Mr. Franczyk Whereas: This Common Council, under the aegis of the Carried Council's Committee on the Budget, spent nearly four months Mrs. LoTempio now moved the approval of Homestead and in conjunction with the Administration and the leadership of Non-Homestead Base Proportions ( Item 178, CCP 5/12/98). Local 264 developing a plan to reduce the cost of the garbage Seconded by Mr. Quintana user fee; and PASSED Whereas: This plan contained all the elements and benefits AYES-13, NOES-0 of entrepreneurial government while at the same time protecting the interests of the membership of Local 264 and conferring NO. 19 upon the citizens of the City of Buffalo the benefits of a lower Discharge Committee of the Whole user fee and improved service-delivery in the areas of Streets, Mayor's Budget 1998-99 Parks and Public Works through the creation of a citywide (Item 2, May 1, 1998) labor pool. In short this plan was truly a WIN WIN WIN Whereas: The above item is currently in the Committee of proposal; and the Whole and Whereas: The entrepreneurial elements contained in this Whereas: It is no longer necessary for this item to be plan moved this City, for the first time, in a direction away from considered by that committee; privatization and toward a truly competitive position whereby we Now, Therefore, Be It Resolved: would be able to generate new revenues from sources outside That this Common Council does hereby discharge the of the City and outside of the pockets of our collective Committee of the Whole from further consideration of this item, constituents by municipalizing the operation of the Transfer and said item is now before the Council. Station; and Carried Whereas: The elements of this plan were codified in a Mrs. LoTempio moved that the Mayor's Budget Memorandum of Understanding between the City and the Recommendations are hereby amended as follows: leadership of Local 264 for presentment to the membership of (Copy available in City Clerks Office Local 264 for their approval; and Seconded by Mr. Zuchlewski Whereas: The membership of Local 264 unanimously PASSED rejected this Memorandum of Understanding that this Council AYES-13, NOES-0 worked tirelessly to develop, even intervening early in May to NO.20 prevent the City from filling for Impasse with the Public AMENDBUDGETFUNCTION-BOARDOFPARKING Employees Relations Board; and That the budgetary enterprise fund function of the Board of Whereas: This Common Council wishes at this time to Parking be moved to the Department of Administration and express its complete and total support for the plan as it was Finance-Division of Parking Enforcement. developed and submitted to the membership of Local 264 for ADOPTED. its ratification and further to express its undying commitment to NO.21 see to it that this plan is in place by July 1, 1998 for the start of APPROVALOF1998-BUDGETASAMENDED the next City Fiscal Year so that the garbage fee can be Mrs. LoTempio moved that the 1998-99 Budget (Item 2, CCP reduced as proposed while at the same time protecting the May 1, 1998) be and hereby is approved as amended. City's workforce; Seconded by Mr. Quintana Now Therefore Be It Resolved: PASSED. That this Common Council calls on Local 264, its leadership AYES-13, NOES-0 and members to work out any and all roadblocks preventing the NO. 22 implementation of this plan to allow for all the benefits this plan Adjournment confers, not the least of which is a reduction in the garbage At 10:49 A.M., Mrs. LoTempio moved to Adjourn user fee, and to do so in a timely fashion so that this plan can Seconded by Mr Helfer take effect on July 1, 1998- and ADOPTED.