HomeMy WebLinkAbout91-0319
1No.6
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, March 19, 1991
MAYOR
Hon. James D. Griffin
COMPTROLLER
JOEL A. GIAMBRA
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
George K. Arthur
PRESIDENT PROTEMPORE
David A. Franczyk
MAJORITY LEADER
Eugene M.Fahey
COUNCILMEMBERS-AT-LARGE
Clifford Bell
Eugene M. Fahey
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola - Delaware
James W. Pitts - Ellicott
David A. Franczyk - Fillmore
Norman M. Bakos - Lovejoy
David A. Collins - Masten
Carl A. PerIa Jr. - Niagara
David P. Rulecki - North
Brian M. Higgins - South
Archie L. Amos, Jr. - University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: James W. Pitts, Chairman, George K. Arthur, Eugene M.
Fahey, Carl A. Perla, Jr., Alfred Coppola Members
CLAIMS COMMITTEE:
Brian Higgins, Chairman, Rosemarie LoTempio, David Franczyk,
Carl A. Perla, Jr., Archie L. Amos Jr. Members
ECONOMIC DEVELOPMENT COMMITTEE
: Clifford Bell, Chairman, Archie L Amos, Jr.,
David A. Francsyk, David Collins, Alfred Coppola, James W. Pitts, Members.
FINANCE COMMITTEE
: David Collins, Chairman, David A. Franczyk, Carl A. PerIa,
Jr., Clifford Bell, Brian M. Higgins, Eugene M. Fahey, Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman, Archie L. Amos, Jr.,Norman M.
Bakos, Rosemarie LoTempio, David P. Rutecki, James Pitts, Members
RULES COMMITTEE
:George K. Arthur, Chairman, Eugene M. Fahey, James W. Pitts,
Members
URBAN RENEWAL:
Archie L. Amos, Jr.,Chairman, David A. Franczyk. Joel A Giambra,
Brian M. Higgins, James W. Pitts.
SPECIAL COMMITTEES
SPECIAL COMMITTEE ON CATV
: Hon. David P. Rutecki, Chairman, Hon. Archie L.
Amos, Jr., Hon. Brian M. Higgins, Hon. . Rosemarie LoTempio, Hon. James W.
Pitts.
SPECIAL COMMITTEE- COMMUNITY DEVELOPMENT
: David A. Collins, Chairman
DOWNTOWN STADIUM OPERATOR
: Alfred T. Coppola, Chairman, David A. Franczyk,
David A. Collins, Archie L. Amos, Jr.
SPECIAL COMMITTEE ON RECODIFICATION:
Rosemarie LoTempio, Chairman, Clifford
Bell, David P. Rutecki, Alfred T. Coppola, Michael R. Mulderig, Samuel F.
Houston/Designee, Paul Barrick, Milton Kaplin, Charles L. Michaux III/Designee.
COMMON COUNCIL'S SPECIAL WATERFRONT COMMITTEE
: James F. August, James W.
Harrington, Jr. Richard J. Lippes, Ross D. MacKinnon, Kenneth E. Sherman, David
Rutecki, James W. Pitts, Brian Higgins, Clifford Bell, Rosemarie LoTempio,
David Collins, Carl A. Perla, Jr..
SPECIAL COMMITTEE-TAYLOR LAW IMPASSE
: Carl A. Perla, Jr., Chairman, Alfred T.
Coppola, James W. Pitts
PARKS DEPARTMENT OVERSIGHT COMMITTEE
: James W. Pitts, David A. Franczyk,
Rosemarie LoTempio, Joel A. Giambra/Designee, Samuel F. Houston/Designee, John
Scardino, Jr., Representative of the Friends of Olmstead Park, Representative
of Delaware Park Steering Committee Representative of Martin Luther King Park
Steering Committee, Representative of the Friends of Cazenovia Casino.
SPECIAL COMMITTEE - NEGOTIATE ERIE BASIN MARINA LEASE
David P. Rutecki, Chairman, James W. Pitts, Carl A. Perla, Jr., David P.
Comerford/designee, Joel A. Giambra/designee, Ronald Romanowicz/designee.
TASK FORCES
TASK FORCE ON FEE INCREASES:
Clifford Bell, Chairperson, Alfred T. Coppola,
Joel A. Giambra, Richard Planavsky, Philip Ricchiazzi, Members.
JUVENILE DELINQUENCY TASK FORCE
: Christine Garmon, , Commissioner Ralph
Degenhart, Michael Chapman, Larry Stitts, Carl Johnson, Julian Dargan, Helen
Panikowski, Desiree Lindsey, John Johnson, Lt. Lawrence Tersan.
TASK FORCE ON DOWNTOWN PARKING
: Leona N. Backus, Alfred H. Savage/Designee,
Lawrence R. Rubin/Designee, Thomas Gallagher, Joel A. Giambra/Designee, Eric
Swider/Designee, Hon. James W. Pitts, Carl A. Perla, Jr., Edward Lesswing, Dr.
Andrew J. Rudnick, Chairman, Robert B. Adams/Designee, Hon. Dennis T.
Gorski/Designee, Cheryl A. Hart, David P. Comerford, Bruna Michaux,.,
HISPANIC TASK FORCE:
David Baez, Scorro Cappes, Ventura Colon, Laura DeJesus,
Emanuel Lastra, Paul Martinez, Benjamin Matta, Augustine Olivencia, Jr.,
Michael Rivera, Louis Rodriguez, Marcelina Rondon.
TASK FORCE ON LANDLORD TENANT RELATIONS & HOUSING CONDITIONS:
Hon. Carl A.
Perla, Chairman, Hon. James W. Pitts, Hon. Archie L. Amos Jr., Hon. Roger
LoRusso /Designee/,Hon Frank Sedita /Designee, Lawrence A. Grisanti /Designee,
Samuel F. Houston /Designee, Joseph V. Schollard /Designee,Vincent Pellittieri
/Designee, Pamela Dent /Designee, Donald J. Reeves /Designee, Sister Jeanne
Frank /Designee, Nick Sidoti /Designee, Denis Woods /Designee, Scott W. Gehl
/Designee, Paul Wolf /Designee, Rev. Charles White /Designee, Karen J. Schimke,
Cathy Szczesny, Kathy Mecca, Members.
TASK FORCE- AUDITORIUM-STADIUM:
Hon. James W. Pitts, Chairman, Hon. Vincent
Tese, Hon. Anthony M. Masiello, Hon. David P. Rutecki, Hon. Alfred T. Coppola,
Charles F. Rosenow, George Gould, George Wessel, William J. Greeley, Mary
Martino/DEsignee, Hon.
Dennis T. Gorski/Designee, Hon. Roger I. Blackwell, Hon. Henry J. Nowak, Donald
P. Quinlan/Designee, Rev. Bennett W. Smith, Robert D. Fernbach.
TASK FORCE- STUDY ON GREAT NORTHERN GRAIN ELEVATOR:
Jim Forton, Chairpewrson,
Hon. Brian M. Higgins, Hon. James W. Pitts, Karen Schaffner, John Montague,
Lorraine Pierro, Joseph Schollard, Mark Norton, Ken Sherman.
NOISE ORDINANCE TASK FORCE
: State Senator Anthony Masiello, Assemblyman William
Hoyt,Margaret Andrews, John Walton, Ed Saunders, Angelo Thomas, Dr. Betty
Cappella, Laura Wilson, Jeanette Ogden, Michael Powers, Nicholas Custodi,
Sheila Dunn, Cynthia, A. Reif, James J. Williams, Sheila Weir, Frank Piracci,
Bernadette Tomaselli, Jean Willett.
CHILD CARE TASK FORCE
:Louise Clyburn, Deborah A. Goldman, Khalimah A. Halim,
Flora Miller, Sliwa, Angela Lee, Mrs. Gianadda, Ronald Empric, Barbara A. Shaw,
Mary Jo Hunt, Dorothy Dowzycky, Joseph Sperrazza, Judy DiPasquale, Mary
Randolph.
MEDICAL BENEFITS TASK FORCE:
Richard J. Piontek, Larry Insinna, Mary Ann
Sansone, Charles W. Pruet, M.D., Leo C. Welsh, David Donnelly, Thomas J.
Carella, John Walker, John D. Smith.
COUNCIL REPRESENTATIVES:
BUFFALO URBAN RENEWAL AGENCY:
Alfred T. Coppola, George K. Arthur, David A.
Collins.
ARTS AND CULTURAL FUNDING ADVISORY COMMITTEE
: Charles Ruff, Joseph Makowski,
Craig Speers, Gary Mucci, Thomas M. Rocco, William Falkowski, John J. Fiorella,
Jeremy Wainwright, Sheila Diebold, Warren Emblidge, Alithea Lango, Martha
Morgan, Susan Curran.
WAR MEMORIAL STADIUM OVERSIGHT COMMITTEE
: Hon. David A. Collins, Chairman,
Lawrence R. Rubin, Peggy Brooks-Bertram, King W. Peterson, Henry Orsinski,
Florence E. Baugh, Willie Evans, Michael Billoni, Charles Rosenow, Members.
CORPORATION PROCEEDINGS
COMMON COUNCIL -
CITY HALL - BUFFALO
Tuesday, March 19, 1991
at 2:00 P.M.
PRESENT - George K. Arthur, President of the Council, and Council Members
Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla,
Pitts, and Rutecki - 12.
ABSENT -AMOS-1.
On a motion by Mr. Fahey, seconded by Mr. Bakos ,the minutes of the stated
meeting held March 5, 1991, were approved.
FROM THE MAYOR
No.1
Veto Message
Local Law Introductory No. l (1991)
Item No. 207, C.C.P., 2/5/91
The above-captioned Local Law would establish a Charter Revision Commission,
comprised of 13 members, appointed by the Common Council. The Local Law
provides that the Charter Commission appointed by the Common Council must
submit its final report and file any proposed charter revisions with the City
Clerk not later than 60 days before the 1992 General Election.
As you are aware, on January 16, 1991, before this Local Law was passed, l
established a 12-member Charter Revision Commission pursuant to the powers
vested in me by Sec. 36(4) of the New York State Municipal Home Rule Law. I
strongly suspect that this Local Law was a "knee-jerk" reaction to my
appointment of a Commission. As such, it will be unnecessarily duplicative and
wasteful of the taxpayers resources and money, and can only sow confusion among
the voters of our City.
The above-captioned Local Law is also seriously flawed, in that it calls
for the Council-appointed Charter Revision Commission to file its report so
that any proposed revisions may be placed on the ballot in the 1992 General
Election for referendum. However, that provision of the Local Law is
inconsistent with a provision of general state law, namely Municipal Home Rule
Law Sec. 36(5)(e), which provides that once a Mayoral Charter Revision has been
appointed, no other question or questions shall be submitted to the voters for
referendum at the same General Election at which the report of the Mayor's
Charter Revision Commission is to be submitted. The report of the Charter
Revision Commission which I appointed on January 16, 1991, is to be submitted
to the voters at the 1992 General Election. Therefore, no other question can
be submitted to the voters at that election. A contrary requirement contained
in Local Law Intro. No. 1 cannot supercede general state law, and renders the
above Local Law fatally flawed. (See DePrima v. Wagner, 14 A.D.2d 36, 215
N.Y.S.2d 705 (1st Dept., 1961).
Furthermore, as a matter of good government, no more than one Charter
Revision Commission should be in operation at a time. To have two Charter
Revision Commissions operating simultaneously would be wasteful of the City's
resources and confusing to the public.
MR.FAHEY MOVED TO OVERRlDE THE MAYOR'S VETO OF ITEM NO. 207, C.C.P., FEBRUARY
5, 1991, LOCAL LAW INTRODUCTORY NO. 1 - CHARTER REVISION COMMISSION.
SECONDED BY MR. COLLINS
REPASSED
AYES- ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, PITTS-11.
NOES- RUTECKI- 1
No..2
Veto Message -
Results of Negotiations 607 Jefferson, E 546.40' N Broadway Lot Size: 25' x
110' (Assessed Valuation : $1,500
Item No. 28, C.C.P., 3/5/91
The above resolution authorizes the sale of city-owned real estate
which is located at 607 Jefferson Avenue to Mr. Richard E. Daniels, Jr. of 622
Jefferson Avenue. There is a vacant two and onehalf story wooden structure
situated on the premises. The building is very dilapidated and needs extensive
repair.
At first glance, it appears that this transaction would be a boon to the
City. However, due to the building's extreme state of deterioration, I am
afraid that we would do a great disservice to Mr. Daniels if we were to accept
his offer. Surely, it is in the best interest of the City to demolish this
structure and invite Mr. Daniels to survey the City's real property inventory,
in hopes of finding a better prospect for rehabilitation.
The Buffalo City Court Housing Judge, Hon. Alois Mazur, has been critical
of the City for engaging in the practice of selling buildings, which are beyond
repair, to people he termed: "dreamers or schemers". This sale will lead to
similar criticism of our City.
For the above-stated reasons, I hereby veto this item.
MR. FAHEY MOVED TO OVERRIDE
THE MAYOR'S VETO OF ITEM
NO. 28, C.C.P.,
MARCH 5, 1991, RESULTS OF NECOTIATIONS, 607 JEFFERSON.
SECONDED BYMR.PITTS
REPASSED
AYES-12. NOES- 0
No.3
Veto Message -
Ordinance Amendment
Chapter 511, Section 68.1 -
Hamlin Park Overlay Review District
Item No. 141, C.C.P., 3/5/91
The above ordinance amendment would create a Hamlin Park Overlay
Review District. The legislation mandates that any improvement to real
property, within the district, which costs $5,000 or more not be commenced
until a special "restricted use permit" is obtained.
I question the need for this legislation and foresee it as a serious impediment
to the revitalization of this section of our City. I disagree that the present
zoning regulations within the area, are too permissive and inflexible to
properly control development therein. The present zoning regulations have
encouraged Blue Cross/Blue Shield to construct a major office site adjacent to
the district and Canisius College has greatly expanded its facility within the
district. In my judgment, Canisius and Blue Cross/Blue Shield enhance rather
than detract from the residential character and ambience of the area.
I hereby return this item disapproved for the above-stated reasons.
MR. FAHEY MOVED TO OVERRIDE THE MAYOR'S VETO OF ITEM NO. 141, C.C.P., MARCH
5, 1991, ORDINANCE AMENDMENT, CHARTER 511, SECTION 68.1-HAMLIN PLARk OVERLAY
REVIEW DISTRICT.
SECONDED BY MRS. LOTEMPIO
REPASSED
AYES- 12 NOES-0
No.4
Appointment of member of Board of Appeals
Pursuant to the powers vested in me by Chapter 511, Section 121,
Article xxIV of Part II of the Code of the City of Buffalo, I hereby appoint
Kenneth F. Krzykowski, residing at 15 Brownell Street, Buffalo -14212, as a
member of the Board of Appeals, effective March 12, 1991 for a term expiring
March 11, 1994.
Kenneth F. Krzykowski, a lifelong resident of the City of Buffalo, has been
employed by Niagara Frontier Services, Inc., parent of Tops Markets, for the
past 28 years in Retail Food Management. He served as Union Steward of Retail
Clerks Local 212 from 1963 until 1986.
KennethF.Krzykowski is very active in many community organizations:
- member - - Loyalty Day Committee
- member - Pulaski Day Parade Committee
- member - Labor Day Parade Committee
- member - Erie County Democratic Committee
I hereby certify that Kenneth F. Krzykowski is fully qualified for appointment
to the Board of Appeals.
RECEIVED AND FILED
No.5
Appointment of members ofCitizens Funding Review Committee
Pursuant to the powers vested in me by Chapter 6 Article VI Section
36 of Part I of the Buffalo Code, I hereby appoint the below listed persons as
members of the Citizens Funding Review Committee for terms expiring February
28, 1994:
Bonnie Nelson 265 Stockbridge Avenue Buffalo, 14215
Charles Ruppert 153 Hagen Buffalo, 14215
I hereby certify that Bonnie Nelson and Charles Ruppert are fully qualified to
serve as members of the Citizens Funding Review Committee.
RECEIVED AND FILED
No.6
Reappointment of memberof Horizons Waterfront Commission, Inc.
Pursuant to the powers vested in me by Section 3 (ii) of Article
II of the By-Laws of the Horizons Waterfront Commission, Inc., as amended, I
hereby reappoint Joseph E. GoodeIl residing at 152 Rivermist Drive, Buffalo,
New York - 14202, as a voting director of the Horizons Waterfront Commission,
Inc., for a term expiring March 2, 1993.
I hereby certify that Joseph E. GoodeIl is fully qualified for reappointment as
a voting director of the Horizons Waterfront Commission, Inc.
RECEIVED AND FILED
No.7
Reappointment of member of Service Charge Review Board
Pursuant to the powers vested in me by Section 586 of the Charter
of the City of Buffalo, as amended, I hereby reappoint Sheldon M. Berlow,
residing at 27 Penhurst Park, Buffalo - 14222, as a member of the Service
Charge Review Board, for a term expiring February 24, 1996.
, I hereby certify that Sheldon M. Berlow is fully qualified for
reappointment to the Service Charge Review Board.
RECEIVED AND FILED
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No.8
Bison Wholesale - Application to Place a Billboard Sign at
654 Elk Street
Item No. 109, C.C.P. 3/5/91
The City Planning Board, at its regular meeting held Tuesday,
March 12, 1991, considered the above application pursuant to Section 387-19 of
the Buffalo Code - Review of Billboards.
The applicant seeks to place a pole-mounted billboard sign structure, which
will measure 14 feet x 48 feet or 672 square feet and be 40 feet in overall
height.
The proposed sign is located in an HI zone, which permits non-accessory signs
of the proportions described above. Under
SEQR, the proposed sign is considered an Unlisted Action, which may be studied
through uncoordinated review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
No.9
The Crosby Co. - Petition to[Rezone 376, 384, 388, 392, 394[Spring Street from
R3 to M2
Item No. 94, C.C.P. 2/19/91
The City Planning Board, at its regular meeting held Tuesday,
March 12, 1991, considered the above petition pursuant to Section 511-126 of
the Buffalo Code - Amendments to the Zoning Ordinance. The applicant seeks to
rezone the properties captioned above from R3 to M2 to facilitate the
short-term development of an accessory parking lot. In the long rvn, however,
the Crosby Co., a manufacturer of metal devices, may expand their operation on
the site.
It should be noted that rezoning would leave 380 Spring Street zoned R3 and
surrounded on three sides by M2 zoning fabric.
This notwithstanding, the Board voted to approve the rezoning petition as
presented, noting that under SEQR the matter is considered an Unlisted Action,
which may be studied through uncoordinated review.
RECEIVED AND FILED
No.10
Matusick, Spadafora and [ Verrastro - Request Permission to Encroach on the ROW
Virginia St. at 335 Niagara St.
Item No. 48, C.C.P. 3/5/91
The City Planning Board, at its regular meeting held Tuesday,
March 12, 1991, considered the above request pursuant to Section 317.1 of the
City Charter - Referable Matters to the City Planning Board, and Section 413-1
of the Buffalo Code - Use of Streets and Encroachments.
The applicant seeks to construct a 2-story office building on the southeast
corner of the intersection of Niagara and Virginia Street. The new building
will be oriented in such a way as to necessitate that an emergency door would
swing 3 feet out onto the right-of-way of Virginia Street, therefore creating
an encroachment.
The Planning Board voted to approve the permanent encroachment since it was
explained that there was no other way to accommodate the proposed building to
the site, and also since the proposed door would only be used in the event of
an emergency. Under SEQR, the proposed encroach:nt may be considered an
Unlisted Action, which may be studied through uncoordinated review.
RECEIVED AND FILED
No.11
Buffalo Development Corp.
Request to Abandon and Sell a Portion of Columbia Street
Item No. 83, C.C.P. 2/19/91
The City Planning Board, at its regular meeting held Tuesday,
March 12, 1991, considered the above request pursuant to Section 317.1 of the
City Charter - The Abandonment of Public Rights-of-Way.
The Buffalo Development Corporation is assisting a private developer, The
Buffalo City Center Joint Venture, in developing a 3.3 acre site to be used to
create a 300-car surface lot at the northwest corner of the intersection of
Perry Street and Michigan Avenue. A portion of the site involves the
right-of-way of Columbia Street from Scott to Perry Streets. The area to be
abandoned measures approximately 50 feet x 461 feet or 23,050 square feet.
The portion of Scott Street which will be abandoned contains sewer and water
lines, which will have to be addressed either by relocation, easement or
abandonment. In addition, there is private infrastructure, i.e. tunnels, which
should also be mitigated. Lastly, there would be no significant traffic
implications which would occur if Columbia Street were abandoned.
Under SEQR, the proposed abandonment is considered an Unlisted Action, which
may be studied through uncoordinated review.
The Planning Board voted to approve the abandonment.
RECEIVED AND FILED
No.12
Bertha's Restaurant - Request to Place a Sidewalk Cafe at
1430 Hertel Avenue
Item No. 47, C.C.P. 3/5/91
The City Planning Board, at its regular meeting held Tuesday,
March 12, 1991, considered the above application pursuant to Section 413-59 of
the Buffalo Code - Review of Sidewalk Cafes.
The applicant seeks to place a sidewalk cafe entirely on the City right-of-way,
which will be cordoned off by a rope or chain. At the close of each business
day, the tables, as well as the cordon, will be removed. The cafe will measure
10 feet x 16 feet, with 10 feet encroaching into the right-of-way.
The cafe will be placed on that portion of Hertel Avenue, which has a 100-foot
right-of-way, a 55-foot pavement and 22 1/2 feet of sidewalk on each side of
the street. Consequently, 12.5 feet of unobstructed sidewalk will exist
between the outer edge of the cafe and the curb line. Moreover, no public
appurtenances exist in the vicinity of the proposed cafe.
The Department of Public Works has no objection to the proposed cafe so long as
all other City conditions are complied with. Lastly, under SEQR, the cafe may
be considered an Unlisted Action, which may be studied through uncoordinated
review.
Given this, the Planning Board voted to approve the proposed cafe contingent
upon the following conditions:
1. that the cafe be opened no later than 11:00 pm. daily;
2.that there be no music played from the cafe; and
3.that there be no trash receptacles in the cafe area.
REFERRED TO THE COMMITTEE ON LEGISLSATION
FROM THE MAYOR'S OFFICE FOR SENIOR CITIZENS
No.13
Community Wide Urban Renewal
Demonstration Program - Plan
Supplement
The City Planning Board, at its regular meeting held Tuesday,
March 12, 1991, considered a plan supplement pursuant to Section 505 of the
General Municipal Law.
The amendment involves the Community Wide Urban Renewal Homestead Program,
which was approved by your Honorable Body on September 18, 1984 (No. 279).
Section E of that plc permits additional supplements for housing projects.
Specifically, the supplement involves the following built units:
1.Monsignor Adamski Village - 42 units located on the southwest corner of
William Street and Fillmore Avenue.
2.Fillmore South - 20 units involving:
71 Emslie
282, 284, 288 Baraga
411 Bristol
533, 545 Hopkins
94, 96 Jones
6, 12 Lockwood
81, 82, 83, 86, 87, 90, 91, 95, 101 0'Connor
3.City Wide - 10 units involving
45, 47, 51 Boone
22, 24, 26 Koester
38 Plymouth
420 Emslie
278 Baraga
118 Peckham
Pursuant to State Law, the City Planning Board conducted a public hearing on
the proposed supplement. Opponents and proponents of the supplement were
invited to speak. After hearing testimony from personnel from the Department
of Inspections and Community Revitalization, the Board voted its unqualified
approval for the supplement.
Under SEQR, the proposed supplement is considered an Unlisted Action, which may
be studied through uncoordinated review.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
No.14
FROM THE BUFFALO PRESERVATION BOARD
Proposed Landmark Designation
Braun Cadillac Showroom
[former Pierce Arrow Showroom)
2421 Main Street, Buffalo, 14214
At its regular meeting Feburary 7, 1991, the Buffalo Preservation
Board, having conducted a public hearing as required by the Preservation
Standards of the Buffalo Code on January 11, 1990, recommended designation of
the Braun Cadillac Showroom, (former Pierce Arrow Showroom), at 2421 Main
Street, as a local historic landmark.
This recommendation is the result of findings contained in a report prepared by
the Board's Landmark Designation Committee. A copy of the report and the
Landmark Application/Photos are enclosed for your information.
The Preservation Board determined that this structure meets the following
criteria specified in the Code for landmark designation;
a) It embodies distinguishing characteristics of an architectural style
valuable for the study of a period, type and method of construction.
b) It embodies elements of design, detailing, materials and craftsmanship that
render the structure architecturally significant.
c) The building ha character, interest and value as part of the development and
heritage of the City of Buffalo.
d It contains singular physical characteristics that make it an established and
familiar visual feature within the city.
The recommended designation includes the original Pierce Arrow Showroom and the
one-story service garage on Jewett Avenue, directly to the rear of the
showroom. It does not include the later additions to the building or the
multi-story service building.
Pursuant to Article III, Section 337-9 through 12 of the Preservation
Standards, the Committee on Legislation shall hold a public hearing on the
aforsentioned item and report back to the Common Council with a recommendation
on its findings.
For your information, the owner of the property, listed below, ha indicated
that he opposes the proposed designation:
William T. Gacioch, President
Main-Jewett Center Equities, Inc.
4221 North Buffalo Street
Orchard Park, New York 14127
For the record, the vote by the Preservation Board on this item was as follows:
AYES Bis, Conlin, Deck, Draper, Forton, Fox, Levin, Rumsey
NAYES None
ABSENT Lownie, Siener
Motion carried.
The application was prepared and submitted by:
The Preservation Coalition of Erie County
c/o Ms. Mary Joan Kevlin P.O. Box 768 Buffalo, New York 14213
If you have any questions, please contact James P. Mandell, Board Secretary, at
extension 5071/5029.
REFERRED TO THE COMMITTEE ON LEGISLATION
No.15
CERTIFICATE OF APPOINTMENT
DEPARTfiENT OF EXECUTIVE
DIVISION OF MAYOR'S OFFICE FOR SENIOR
CITIZENS TO THE POSITION OF ASSISTANT TO DIRECTOR (MAYOR'S OFFICE
FOR
SENIOR. CITIZENS) PERMANENT, PROMOTIONAL,.AT THE: MAXIMUM
STARTING SALARY OF: $26,803.EFFECTIVE: MARCH 12, 1991 STANLEY H. DEPCZYNSKI-223
Y 1 4215
HAGEN ST.-BUFFALO, N
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No.16
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - EXEMPT ITEMS
DIVISION OF HOUSING &PROPERTY INSPECTIONS
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $117,700 be transferred and reappropriated from various
accounts in Appropriation Allotments Exempt Items, as set forth below:
The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
DATED:BUFFALO, NEW YORK, MARCH 11, 1991
RECEIVED AND FILED
FROM THE COMPTROLLER
No.17
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
CAPITAL PROJECTS FUND -
DIVISION OF DEVELOPMENT
BOARD OF EDUCATION
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum
of $60,000 be transferred and reappropriated from various accounts in Capital Projects Fund - Division of Development, as set forth below:
The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
DATED:BUFFALO, NEW YORK, MARCH 13, 1991
RECEIVED AND FILED
No.18
Death Benefit Fire Captain Brian T. Dillon
Pursuant to the Determination of Award by the Board of Review
at the meeting held on March 6, 1991, the Board respected the application for death benefits filed by Mrs. Frances J. Dillon, the surviving spouse.
Captain Dillon was overcome while fighting a fire at 27 Ryan Street on January 28, 1991. He was taken by ambulance to Mercy Hospital and was
pronounced dead at 7:56 pm. by Dr. Sung Ook Baik, M.D., Erie County Medical Examiner.
I have determined that the salary received by Brian T. Dillon during the year immediately preceding his death was $41,597.08. The Corporation Counsel
reviewed the application and all pertinent, supporting information for conformance to Chapter 35, Article VI, Sec. 25, Subds. (A), (B), (C), and (D) of the
Ordinance and advised the Board that it would be justified in making this award.
Therefore, the award of $41,597.08 made payable to Frances J. Dillon is in order. This payment is to be charged to the Appropriation Account
100-812-000-00-808, Judgment and Claims Current. The City's Law Department should follow through and make payment of this award.
The above is being submitted to Your Honorable Body for your information.
RECEIVED AND FILED
No.19
1991-1992 Grant-In-Aid
CONTRACT CHANGES
In order that my office have better controls over the City of
Buffalo's Grants-In-Aid appropriations, and in order to simplify and streamline the payment procedure for these grants, I propose the following changes
to the boilerplate for the 1991-1992 contracts: (Changes are in guotes.)
Paragraph #1: The Organization agrees to carry on and provide the following "specific" services for the benefit of the City of Buffalo for the
"above-mentioned" fiscal year, see Exhibit A. "(Exhibit A should describe specific services the grantee plans to deliver with this grant money
1 not just a
supplement to their general operating expenses.) The City funds shall be used for the services described in Exhibit A in accordance with the following itemized budget, see Exhibit B.
(Exhibit B should be an itemized budget which clearly
reflects the narrative in Exhibit A.)"
Paragraph #2: In consideration for such services the City agrees to pay to the Organization, subject to the terms and conditions enumerated
herein the total sum of 00LLARS ($ in "two equal" installments "as follows:
1st Installment: upon execution of contract
2nd Installment: upon receipt and approval by Controllers office of expenditure report of 1st Installment money."
Paragraph #4: The Organization agrees to allow the Comptroller to audit its books and records when he deems it necessary or upon request of
the Common Council. The expenditures of these City funds must be separately accounted for and proven to be expended to promote its local purpose
consistent with "the narrative" in Exhibit A attached "and the budget in Exhibit B attached." The Organization agrees to submit to the Comptroller a
detailed accounting of expenditures made with the "first installment of" grant money received under this contract, "before which the second
installment will be paid. The Organization further agrees to submit a detailed accounting of expenditures made with the second installment payment
within thirty days of the end of this contract." The Organization agrees to submit to the Comptroller any audit of the accounts of the Organization,
notwithstanding the source of said audit, within 30 days of its receipt by the Organization.
Paragraph #5: The drganization. agrees to refund to the City "any monies paid. hereunder not spent in accordance with Exhibits A and B and/or
not spent during the contract period. The Organization shall refund such monies to the City within 90 days after the end of the Contract year." Upon
showing that such a refund would cause extreme hardship to the Organization due. to unforeseen or unanticipated circumstances, the Common Council
may authorize the Organization to retain "for six months beyond the original ending date of the Contract" any funds which it would otherwise be
required to refund to the City under this Paragraph if the Council determines that such retention is in the public interest and consistent with the
purpose and intent of the original funds granted. "In such a case, the Organization must amend its contract with the City to reflect this change and must
submit a separate expenditure report to the Comptroller for these retained monies within one month of the amended contract period. No further
extensions will be allowed. Any monies not spent in accordance with the amended contract shall be refunded to the City within 60 days after the end of
the amended Contract year."
REFERRED TO THE COMMITTEE ON FINANCE
No.20
REMOVAL OF PROJECTS FROM
MARCH BOND SALE
ITEM No. 16D, CC.P. 03/05/91
In a previous communication to the Common Council, I requested
that Councilmembers meet with department heads to provide further information regarding a list of projects that were recommended for removal by
the administration from the March 19 bond sale. The Common Council, at its meeting of March 5, 1991 received and filed this communication.
Further discussions have led us to remove the following three projects from the March 19 bond sale at this time for the reasons cited below:
l.) Reconstruction of Burrell St. $ 35,000
The reconstruction of Burrell Street has been delayed due to the delay in the Central Terminal Project.
2.) Kensington Recreation Center $800,000
The Kensington Recreation Center project'has been delayed since plans and specs for the center are not yet completed. I have met with Council Member
Archie Amos to discuss this project in further detail. Pursuant to that, we had also talked with the budget office. According to Mr. Thomas Keenan,
director of the budget, the Capital Project Planning account can be used to pay for the preparations of plans and specification. If plans and specifications
are ready prior to the anticipated fall bond sale, my office will either issue a bond anticipation note (BAN) or process an interfund loan for the project if
funds are available. Otherwise, this project can be included in the fall bond sale.
3.) Plans to Convert School #41 to Resid. Area $ 75,000
The planning money to be used to convert School #41 to a residential area can come from sources other than city bonds. The bond monies were to be
used to study whether this building could be used for housing and prepare plans and specifications to attract a developer. Since the Urban Renewal
Agency has already designated a developer, our bond money cannot be spent for the reason for which it was intended.
REFERRED TO THE COMMITTEE ON FINANCE
No.21
Audit Report
Erie Basin Marina Lease Agreement
In response to the Council's "Special Committee to Negotiate the
Erie Basin Marina Lease" request, dated January 30, 1991, directing the City Comptroller to examine The Aud Club, Inc. books and records for the entire
term of the aforementioned lease, I hereby submit copies of this audit report for the period July 1, 1986 to January 31, 1991.
REFERRED TO TIlE SPECIAL COMMITTEE ON M.ARINA LEASE
No.22
Establish Neighborhood Commercial Land Bank
As a result of discussions between the Mayor's Office and the
City Comptroller's Office, I am submitting a joint proposal for legislation to establish a Neighborhood Commercial Land Bank on major City arterials. This
new program will be operated by The Buffalo Enterprise Development Corporation (BEDC) and is model led on successful economic development land banks
established in Philadelphia, Milwaukee, and St. Louis.
The BEDC would purchase over 30 acres of commercially zoned City vacant lots from the City Comptroller's Real Estate Division for $500,000. These
350-400 vacant lots on Bailey, Broadway, Clinton, Fillmore, Genesee, Jefferson, South Park, and Sycamore Streets would be established as a revolving
Neighborhood Commercial Land Bank.
An active marketing program would be established by the development corporation which would include a new City financing program which would offer
90% low cost financing to purchase land at market rates, and low cost construction financing up to a maximum of $100,000 for neighborhood business
expansion.
Many of the eight City arterials have major street and sidewalk replacement projects underway. What is needed is a concentrated program to attract
business development and put these parcels on the tax rolls.
The BEDC presently operates the Neighborhood Commercial Lending program for the City. It is a logical entity to combine vacant commercial real estate
with the ability to finance the development of new business facilities.
The City's Real Estate Division would be relieved of the liability for maintaining this vacant property while it is in the Land Bank. The property would
remain tax exempt while BEDC markets the property. The $500,000 to be received by the City for these idle assets also represents an unexpected and
badly needed revenue for the 1991-92 City Budget.
I am recommending that Your Honorable Body authorize the establishment of the Neighborhood Commercial Land Bank subject to your review of a list of
specific parcels which are being identified by the Real Estate Division. Additional details on the management and operation of the Land Bank will be
forthcoming from the BEDC for your review.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
No.23
Permission to Negotiate
431 Genesee, CE E Cor. Eucka PI.
Lot Size: 26' x 125'
Assessed Valuation $1,000
The Office of the Comptroller, Division of Real Estate, has received
a request from Ms. Mary Vance Boyd of 121 Morningside Drive, Grand Island, New York to purchase the subject property.
Ms. Boyd owns the adjacent property at 439 Genesee Street and has cleaned and maintained the subject property for over five (5) years. She would like
to, therefore, purchase this property in order to keep the property around her house clean and for additional yard space.
The Department of Community Development and the Department of Inspections and Community Revitalization have been contacted and they have no
objection to the sale of this property.
This office, therefore, is requesting that we be permitted to negotiate a private sale on the above mentioned property and report back to Your
Honorable Body the results of the negotiations.
MR. FAHEY moved:
That the communication from the Office of the Comptroller, dated, March 7, 1991, be received and filed; and
That the Comptroller be, and he hereby is, authorized to enter into negotiations with Mary Vance Boyd, 121 Morningside Drive, Grand Island, New York, for
the purchase of City property commonly known as 437 Genesee, SE E. Cor. Eureka PI., Lot Size 26' x 125'; and
That the results of said negotiations be reported to this Honorable Body.
ADOPTED
No.24
Permission to Negotiate 122 Purdy, W 92.95' S Woodlawn Lot Size: 30' x 100' Assessed Valuation: $1 ,100
The Office of the Comptroller, Division of Real Estate, has received
a request from Ms. Diane Shannon of 124 Purdy Street, Buffalo, New York to purchase the above referenced property.
Ms. Shannon wishes to purchase the subject property, which is adjacent to her home, for an expansion of her yard.
The Department of Inspections and Community Revitalization and the Department of Community Development have both been contacted and they have no
objection to the sale of this property.
The Tax Office has been notified and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo.
This office, therefore, is requesting that we be permitted to negotiate a private sale on the above mentioned property and report back to Your
Honorable Body the results of the negotiations.
'MR. FAHEY moved:
That the communication from the Office of the Comptroller, dated, March 12, 1991, be received and filed; and
That the Comptroller be, and he hereby is, authorized to enter into negotiations with Diane Shannon, 124 Purdy Street, W. 92.95' S. Woodlawn, Lot Size
30' x 100' for the purchase of City property commonly known as 122 Purdy Street;
and
That the results of said negotiations be reported to this Honorable Body.
ADOPTED
NO.25
Results of Negotiations
57 Sweeney, W 189.87' S Best
Lot Size: 30' x 130'
Assessed Valuation: $90C
Item #23, C.C.P. 1/8191
In the above item Your Honorable Body authorized the Office of
the Comptroller, Division of Real Estate, to negotiate a private sale with Mr. David Sokol of 61 Sweeney Street, to purchase the above subject property.
Mr. Sokol intends to purchase this property and expand his yard area.
An independent appraisal of the property was conducted by Dennis R. Walker, Appraiser, Able Appraisal Associates, 2560 Bailey Avenue, Buffalo, New
York 14215. He has estimated the fair market value of the subject to be Twelve Hundred Dollars ($1,200). The Division of Real Estate has investigated the
sale of similar properties in the area and concurs with the appraiser's estimate of value. However, Mr. Sokol has pointed out that the property lacks
proper grading and will require several loads of fill and topsoil.
The results of our negotiations are that Mr. Sokol has agreed and is prepared to pay Nine Hundred Dollars ($900) for the subject property. He has also
agreed to pay for the cost of the appraisal, transfer tax, cost of legal description and will assume the cost of grading the lot.
I am, therefore, recommending that Your Honorable Body approved the sale of 57 Sweeney Street to Mr. David P. Sokol of 61 Sweeney Street, Buffalo,
New York 14211 in the amount of Nine Hundred Dollars ($900).
REFERRED TO THE COMMlTTEE ON FINANCE
No.26
Request to Abandon and Sell
Portion of Castor Alley
(See Attached Description)
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. William Lawson, Attorney on behalf of the Crosby Company to purchase a portion of Castor Alley.
The Crosby Company is a domestic corporation engaged in the manufacture and stamping of metal devices with a plant address of 183 Pratt Street. They
own a major part of the premises bounded by William, Pratt, Spring and Broadway Streets in the City of Buffalo. Through the center of that block runs
Castor Alley. The Crosby Company owns all of this alley running north from William Street for a distance of 636.02'.
They are, therefore, requesting to purchase the attached described portion of Castor Alley. Note that they presently own all adjoining property on both
sides of the property in question up to the north line of 376 Spring Street.
The Departments of Inspections and Community Revitalization, Community Development and Public Works have been contacted. They have no objection to
the abandonment and sale of the additional 219 feet, providing the watermain is completely abandon and sold to the Crosby Company along with attached
described property. It should be noted that no service taps exist on the watermain north of or within the portion of Castor Alley proposed for
acquisition. The watermain to be abandon and sold to the Crosby Company will function as a 10 inch service to the Crosby Company complex.
Furthermore, the Department of Public Works has requested that this property be sold on condition that the Crosby Company is to comply with City of
Buffalo, Division of Water's current rules and regulations which will require them to meter this service line at their property line at William Street and
Castor Alley.
The closing and abandonment of the attached described portion of Castor Alley will not become finally effective until a deed conveying any interest of the
City of Buffalo in and to such premises has been recorded in the Erie County Clerk's Office.
This office has no objection to the abandonment and sale of the attached described property providing the above captioned conditions are met and the
Department of Transportation, the Buffalo Sewer Authority and the City Planning Board have no objections. Therefore, this office is requesting that we
be permitted to abandon and sell the subject property to the Crosby Company and report back to Your Honorable Body the results of negotiations.
REFERRED TO THE COMM[TTEE ON LEGISLATION
FROM THE COMMISSIONER OF PUBLIC WORKS
No.27
Bond Cancellation
467 Elmwood Avenue
It is hereby certified that the bond described below be cancelled:
Principal:Stavros Malliaris d/b/a/ Ambrosia Restaurant
Surety:Insurance Company of North America
Amount: $5,000.00
Dated:April 24, 1985
Structure: Sidewalk Cafe
Location: 467 Elmwood Avenue
This bond is no longer required due to the fact that a replacement bond in the scae dollar amount has been submitted to the Department of Public Works.
The above captioned bond should be deemed released and cancelled as to future liability in accordance with the provisions of the City of Buffalo Charter.
RECEIVED AND FILED
No.28
Extension of Time on Contract
Emergency Underground Fuel Piping
Police Garage Seneca & Chicago. Sts, Buffalo, NY
In accordance with the terms of the contract between the City
of Buffalo and Mechanical Group East C-9l53700, the work of this contract should have been completed by July 29, 1990.
Due to a change in contract for the drilling of monitoring wells this contractor could not complete the work of this project on time. This is the first
extension of time on this project.
I have granted an extension of time to October 28, 1990 to Mechanical Group East to complete the work of their contract.
RECEIVED AND fliED
No..29
Extension of Time
Reconstruction of Various Fire Stations
In accordance with the terms of the contract between the City
of Buffalo and Ajax-Smith, Inc. C-9l5487O0, the work of this contract should have been completed by July 2l, 1990.
Due to delays in obtaining special curved head windows from the manufacturer and the winter weather, this contractor could not complete the work of
this project on time. This is the first extension of time on this project.
I have granted an extension of time to May 1, 1991 to Ajax-Smith, Inc. to complete the work of their contract.
RECEIVED AND fliED
No.30
Monthly Report Licenses Issued
February, 1991
iI am respectfully submitting the enclosed report of licenses
issued in the month of February 1991 by the Division of Licenses.
RECEIVED AND fliED
No.31
Abandonment of Columbia Street
From Scott to Perry
Item #83, C.C.P. 2/19/91
The Department of Public Works has been requested to review the
above mentioned item and advise your Honorable Body concerning the proposal to close and abandon a portion of Columbia Street from Scott to Perry.
The portion which is proposed to be abandoned could be briefly describedas follows:
A 50.00 foot wide street between Perry and Scott Streets, the center!ine of which lies 265.84 feet west of the westerly line of Michigan Avenue and
parallel thereto.
The Department of Public Works has no plans for this portion of Columbia Street which is proposed for abandonment. We would be prepared to
recommend to the Common Council the abandonment and sale of that portion of Columbia Street subject to the following conditions.
l. That all abutting property owners agree to the abandonment.
2. That subject abandoned street be sold on condition that the successive bidder shall be an abutting property owner purchasing subject land for and on
behalf of the abutting owners.
3. That the street be sold subject to the rights of the Buffalo Sewer Authority, the Division of Water, and the utility companies to enter upon the land for
the purpose of maintenance of any utility lines that may be running over, under or across the land.
4. That the foregoing abandonment, discontinuance, and closing of said street shall not become finally effective until the deed conveying any interest of
the City of Buffalo in and to such premises has been recorded in the Erie County Clerk's Office.
RECEIVED AND FlLED
No.32
Plans/Specs.-Resurfacing Streets
Item #38 C.C.P. 3/5/91
Per your request, the following are the locations to be addressed
by our Resurfacing of City Pavements 1991 Contract:
RESURFACING OF CITY PAVEMENTS 1991
LOCATIONS OF CONTRACTWORK
STREET FROM TO
1.FRANKST. Ryan Kamper
2.B00NE ST. Pembina South Park
3.RORR ST. Genesee Northampton
4.HURL ST. Military Clayton
5.0NANDAGA ST. Potters Shenandcah
6.MANITOBA ST. Scoville Baits
7.1466 REETEL Municipal Parking Lot
8.EAGLE ST. Washington Ellicott
9.GENESEE ST. Jefferson Adams
10.BAILEY AVE. Kensington Collingwood
11.BAILEY AVE. Elk McKinley
12.'HANDICAPP RAMPS/Various Locations
13.MAIN ST:.Handicapp Ramps Custer to Kenmore
14NIAGARA ST Niagara Virginia
15.NIAGARA ST. Vulcan Ontario
16.RATH BLDG. Handicapp Ramps/County Project
The above were Project that were already committed-to, but were pulled out when the $500,000 was taken from our O&M budget because of the States
fiscal difficulties.
RECEIVED AND fIiEDE
No.33
Bennett Beach Proposals
Please be advised that on January 17, 18 and 20 a special committee
comprised of Council President Arthur, Councilmembers Fahey and LoTempio, the Commissioners of Parks and Public Works and Wendy Willoughby of the
Corporation Counsel's Office reviewed proposals for the operation of Bennett Beach. Proposals were reviewed on February 15, and several meetings of
the committee and interviews with the potential operators followed.
At this time, it is a recommendation of the committee to enter into lease negotiations with the successful bidder, Snyder Corporation.
This communication is for informational purposes only. After the committee negotiates a lease it will be submitted to your Honorable Body for
authorization.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, ERIE COUNTY EXECUTIVE AND THE SUPERVISOR FOR THE TOWN OF
EVANS.iiviLcxil'7,
AYES- BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS-10
NOES- ARTHUR, RUTECKI- 2
*ARTHUR IN NEGATIVE ON REFERRAL TO TOWN OF EVANS ONLY.
No.34
Arterial Maintenance Agreement Broadway Arterial S.H. 86-8
Attached is a copy of the Arterial Maintenance Agreement for Broadway
from Oak Street to Fillmore Avenue.
This Agreement allows the State of New York to pay the City of Buffalo $.85/sq.yd. per year to maintain the street.
May we have Your Honorable Body's permission to allow the Mayor to sign this Agreement.
REFERRED TO THE COMMITTEE ON FINANCE, AND THE CORPORATION COUNSEL.
No.35
Cornelius Creek Park -
'N.Y. S. Thruway Authority Occupancy Agreement
Attached are copies of a Permit allowing the City of Buffalo to
cross Thruway property at the foot of Ontario Street. This Permit would allow us to install water and sewer lines to the new Concession Stand. Also,
attached is a document known as "Undertaking" which protects the N.Y.S. Thruway Authority by indemnifying them from all claims, suits, etc.
I respectfully request Your Honorable Body grant permission to the Comissioner of Public Works to sign both these documents.
REFERRED TO THE COMMITTEE ON FINANCE, AND THE CORPORATION COUNSEL.
No.36
DOWNTOWN SPECIAL DISTRICT VENDING LIST
Please be informed that I am submitting the list of sites for the Downtown Special District Vendors. Two new sites have been added,
bringing the total sites to thirty-two (32):
SITE # LOCATION
l1 Market- Arcade Cinema (Restricted Food/Non-Food)
2 McDonald's Theater Square (Non-Food)
3 N.E. Cor. Chippewa & Delaware (Food Only)
4 N.W. Cor. Main & Huron (Food or Non-Food)
5 Roosevelt Plaza (Non-Food)
6 Roosevelt Plaza (Non-Food)
*
7 Main St. W. Side Between Gamler's & Hyatt (Non-Food/Rest,Food)
8 L.L. Bergers (Restricted Food)
9 L.L. Bergers (Restricted Non-Food)
10 N.W. Corner Delaware & Huron (Food)
Il1 E. Side Main at Mohawk (Non-Food)
12 N.W. Cor. Main & Court (Between Planters) (Rest. Food)
13 S.E. Cor. Main & Court (In tree line) (Rest. Food)
14 -Lafayette Square ** (Non-Food)
15 N.W. Corner Pearl & Court (Restricted food)
16 E.Side Main at Eagle (Non-Food/Rest.Food)
17 M & T Plaza (Non-Food/Rest.Food)
18 Cathedral Park (Non-Food/Rest.Food)
19 S.W. Corner Main & Church (Food Only)
20 S.W. Corner Main & Court (Food Only)
21 E. Side Main between Clinton & Eagle (Food only)
22 N.E. Cor. Main & Lafayette Sq. (Food Only)
23 S.E. Cor. Niagara Sq. & Delaware (Food Only)
24 N.E. Cor. Niagara Sq. & Delaware (Food Only)
25 E. Side Main between Eagle & Church (Food Only)
26 E. Side Main between Eagle & Church (Food Only)
27 E. Side Main between Eagle & Church (Food Only)
28 W. Side Main at Mohawk (Food Only)
29 S.W. Corner Main & Church (Food Only)
30 W.W. Corner Franklin & Eagle (Food Only)
31 East side of Main at Huron (Goldome) (Restricted Food)
32 N.W. Corner Main & Chippewa (Restricted Food)
*Restricted use denotes locations where choice of merchandise must be reviewed to avoid conflict with adjacent businesses or where a variety of food is desired. (E.G., pizza, fruit salad,
ice cream, hot dogs, etc.)
**Lafayette Square site may be frequently subject to displacement due to special events as outlined in Sec. 316-48 Special events of Chapter 316, Article
VIII, pertaining to street vendors in the special downtown district.
REFERRED TO THE COMMITTEE ON LEGISLATION
No.37
Emergency Repair to Collapsed Sewer Line
Buffalo Police Precinct No. 11 1345 Bailey Avenue
After experiencing a sewer line collapse and a severe sewer hack-up
at Buffalo Police Precinct No. Il, 1345 Bailey Avenue, an e~rgency situation was declared. Joseph Carino Plumoing and Heating was called upon to provide
equipment, time and material to perform this sewer line repair. Total cost for a newly installed section of sewer line was $3,145.75. This cost has den
determined to ~ fair and equitable. Funds are available in the appropriate account in the Division of Buildings.
RECEIVED AND FILED
No.38
Emergency Repair of Elevator
Shea's Buffalo Theater
Please be advised that one of the elevators at the Shea's Buffalo
Theater began operating erratically due to a worn switch that caused the elevator brakes to go on and off intermittently. This particular elevator is
not under the annual maintenance contract so an emergency situation was declared by the Department of Public Works, Division of Buildings.
The Ctis Elevator Company ~rformed this repair at a cost of $586.90. The cost of this repair is fair and equitable and funds are available in the
appropriate account in the Division of Buildings.
RECElVED AND FILED
No.39
Emergency Repairs to Oil Burner
Fire Department Engine #38
The Oil Burner controlling building heat at Engine No. 38 needed
to be repaired immediately to provide heating for the firemen working out of this fire house. An emergency situation was declared and Colgate Heating,
142 Colgate Avenue, was called upon to perform emergency repairs on a time and material basis. The cost of said repairs was $1,015.72. This cost has
been determined to be fair and equitable. Funds are available for these repairs in the Division of Buildings.
RECEIVED AND FILED
No.40
CLEANING AND CEMENT MORTAR LINING OF WATERRAINS IN APPENHEIMER STREET, AMSTERDAM STREET, BIRCH STREET AND E. DELAVAN AvE. AND
CONSTRUCTION OF NEW WATERRAIN IN CHELSEA PLACE
In accordance with Resolution No. 32 of July 31, 1990, plans and
specifications were prepared and sealed proposals accepted for the Cleaning and Cement Lining of Approximately 6,000 Linear Feet of 6 Inch Diameter
Waterline in Appenheimer Street, Amsterdam Street, Birch Street and East Delavan Avenue from Crider Street to Fillmore Avenue and the Construction
of Approximately 800 Linear Feet of New 10 Inch Diameter Ductile Iron Watermain and Appurtenances in Chelsea Place.
I hereby submit a report of all bids received which were opened in my office at 11:00 am. on Tuesday, March 12, 1991.
Creamer Brothers, Inc.
101 E. Broadway
Hackensack, New Jersey 07601 $ 482,900.00
Kandey Company, Inc.
19 Ransier Drive
West Seneca, New York 14224 $ 527,500.00
Nichter Utility Construction
344 Vulcan Street
Buffalo, New York 14207 $ 609,925.00
Spiniello Construction Company
35 Airport Road
Morristown, New Jersey $ 615,275.00
I hereby certify that the foregoing is a true and correct statement of all bids received and that
Creamer Brothers, Inc.
101 E.Broadway, Hackensack,New Jersey,
is the lowest responsible bidder for the Cleaning and Cement Mortar Lining of 6 Inch Watermain at the above locations and the Installation of New 10
inch Watermain in Chelsea Place with their total bid of $482,900.00.
I hereby request that Your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Creamer Brothers, Inc. for the
above work in the amount of $482,900.00 and that same be charged to the D!vision of Water's 415 Capital Projects Fund, 068 Account.
The Engineer's estimate for this work is $700,000.00.
MR. FAHEYmoved:
That the communication from the Commissioner of Public Works, dated March 12, 1991, be, received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for the Cleaning and Cement Lining of approximately 6,000
linear feet of 6 Inch Diameter Waterline in Appenheimer Street, Amsterdam Street, Birch Street and East Delavan Avenue from Grider Street to Fillmore
Avenue and the Construction of Approximately 800 Linear Feet of New 10 Inch Diameter Ductile Iron Watermain and Appurtenances in Chelsea Place, to
Creamer Brothers, Inc., 101 E. Broadway, Hackensack, New Jersey, in the amount of $482,900.00 with said cost to be charged against the Division of
Water's 415 Capital Projects Fund, 068 Account.
PASSED.
AYES-12
NOES-0
No.41
Change in Contract
University Heights Community Center
I herewith submit to Your Honorable Body the following change
in contract for the construction of the new University Heights Community Center, Main & Heath Streets, Buffalo, New York: Concept Construction Corp.
C-9l592600:
l. Provide single-phase, 200 amp temporary
electrical service to the project ADD $5,059.68
This is necessary to bring electric service to the site before the electrical contractor has a contract. A similar amount will be deducted from the
electrical contract when that contract is in place.
The foregoing results in a net increase in the contract of Five Thousand Fifty-Nine and 68/100 Dollars ($5,059.68).
Summary: Original Amount of Contract $2,525,000.00
Amount of This Change (No. l)5,059.68
Revised Amount of Contract$2#530,059.68
This change could not be seen at the time contract was let. Costs have been reviewed by the consulting architect, Milstein, Kwapisz & Associates, and
the Department of Public Works and found to be fair and equitable.
Funds for this work are in B/F 200-402-518 - 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.
MR.FAHEY moved:
That the communication from the Commissioner of Public Works dated March l2, 1991 be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to issue a change order to Concept Construction Corp. in the amount of $5,059.68
for additional work under the contract for construction of the new University Heights Community Center, with said cost to be charged against Bond
Fund 200-402-518 in the Division of Buildings.
PASSED
AYES-12
NOES-0
No.42
Reduction in Retention
Lafayette Park Ice Rink
Construction of the new Lafayette Park Ice Rink is complete and
accepted by the Public Works Department with the exception of repainting the interior ceiling over the rink and mezzanine. It is estimated that the
repainting will cost $18,645.00. The general contractor, D. A. Elia Construction Corporation, C9l5l6900, has requested that the retention be reduced from
5% to $40,000.00 and this has been recommended by the consulting architect, Biggie, Sturniolo, Tomsic, P.C.
It is respectfully requested that Your Honorable Booy authorize the reduction of retention from 5% to $40,000.00 for the above contract.
MR.FAHEY
moved:
That the communication from the Commissioner of Public Works dated March 6, 1991 be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to reduce' the retention on the contract with D. A. Elia Construction Corporation
for construction of the new Lafayette Park Ice Rink, from five per cent (S?) to $40,000.00.
PASSED
AYES-12
NOES-0
No.43
37 Bridgeman Street requests permission to install handicap ramp.
Mr. Harvey M. Moore Jr., owner of the property located at 37 Bridgeman
Street, has requested permission to install a handicap ramp which would encroach city right of way at said address. The proposed handicap ramp would
be located on the Marion Street side of the property which is a corner lot, measure three (3) feet, six (6) inches in width and sixteen (16) feet in length.
The Department of Public Works has reviewed Mr. Moore' s request pursuant to Chapter 413 Section 67 (encroachments) of the City Charter 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:
l. That the applicant obtain any and all other City of Buffalo permits necessary for said installation.
2. That the handicap ramp be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of
Buildings.
3. That the applicant supply the City of Buffalo with a $5,000.00 construction in street bond which will indemnify and hold harmless the City of
Buffalo against any and all loss or damage caused by the installation, use and removal of said handicap ramp.
MR.FAHEY
moved:
That the communication from the Commissioner of Public Works dated March 13, 1991 be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to issue a "mere license" to Harvey M. Moore, Jr., owner of the property located
at 37 Bridgeman Street, permitting erection of a handicapped ramp on the Marion Street side of the property at 37 Bridgeman, pursuant to Chapter 413,
Section 67 of the Charter, with the following conditions:
1. That the applicant obtain any and all other City of Buffalo permits necessary for the said installation.
2. That the handicap ramp be installed exactly as shown on the plans submitted to and approved by the Department of Public Works, Division of
Buildings.
3. That the applicant supply the City of Buffalo with a $5,000 construction in street bond which will indemnify and hold harmless the City of
Buffalo against any and all loss and damage caused by the installation, use and removal of said handicap ramp
.PASSED
AYES-12
NOES-0
No.44
Pernission to install sidewalk cafe at 2495 Main St.
Mr. Vito Buscemi. owner of Vito's Market & Gourmet Deli. located
at 2495 Main Street has requested permission to install a sidewalk cafe which encroaches city right of way at said address.
The proposed sidewalk cafe would project nine (9) feet from the building face and measure sixty-five (65) feet in length. The cafe would be constructed
of wood and incorporate a handicap ramp. Because the sidewalk cafe would provide the only handicapped access to the delicatessen, Mr. Buscemi has
requested permission to allow said cafe to remain within city right of way year rowld.
The Department of Public Works has reviewed Mr. Buscemi's request pursuant to Chapter 413 Section 59 (Sidewalk Cafes) of the Cit\ Charter and has
110 objection to your honorable body authorizing the Conrnnissioner 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 necessarv for said installation.
2.That the sidewalk cafe be installed
exactly as shoun on plans submitted to and approved by the Department of Public Works, Division of Buildings.
3.That the sidewalk cafe does not extend more than nine (9) feet from the building face or exceed sixty-five (65) feet iII length.
4.That no portion of the sidewalk cafe be permanent in nature or permanently aff Ixed to the main building or public sidewalk.
5.That. after installation, a minimum of eight (8) feet of Public sidewalk exists between said sidewalk cafe and the east curbline of Main Street.
6.That the applicant be assessed the annual fee of one dollar per square foot of city right of 'way occupied by said sidewalk cafe as described in Chapter
413 Article IX Section 59 (Sidewalk Cafes) of the City Charter.
7.That the applicant supply the City of Buffalo with a Five Thousand Dollar ($5,000.00) construction in street bond which will indemnify and save harmless
the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 45
Permission to install a sidewalk cafe 91 Niagara Street
Mr. Joseph Augello owiler of Grille '91. located at 91 Niagara
Street, has requested permission to install a sidewalk cafe which would encroach city right of way at said address.
The proposed cafe would be located in the area between the public sidewalk and the existing restaurant and therefore would not interfere with
pedestrian passageway. Furthermore, a major portion of the proposed cafe would be located on private property.
The cafe would measure forty-five (45) feet in length and project ten (10) feet into city right of way, and include a planter box which would separate said
cafe from the public sidewalk.
The Department of Public Works has reviewed Mr. Augello's application pursuant to Chapter 413 Section 59 (Sidewalk Cafes) of the City Charter and has
no objection to your honorable body authorizing the Commissioner of Public Works to issue a "Mere License" for 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 cafe be installed exactly as shown on plans submitted to and appioved by the Department of Public Works, Division of Buildings.
3.That no portion of the cafe encroaches upon the existing public sidewalk
4.That no portion of the cafe be permanent in nature or permanently affixed to the main building or public sidewalk.
5.That the applicant be assessed the annual fee of one dollar per square foot of city right of way occupied by said cafe as described in Chapter 413
Article IX Section 59 (Sidewalk Cafes) of the City Charter.
6.That the applicant supply the city of Buffalo with a five thousand dollar ($5,000.00) construction in street bond 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 cafe.
REFFERED TO THE COMMITTEE ON LEGlSLATlON, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 46
CORRECTION OF STARTING SALARY
SALVATORE ABBATE, JR.
DIVISION OF WATER
CCP # 76, DECEMBER 26, 1990
Please be advised on December 24, 1990 Mr. Salvatore Abbate, Jr., 74 Gunnell Road, Buffalo, New York was appointed to the position of Caulker
(Provisional) in the Division of Water on P/R #90-330 at the starting salary of $18,606.
Mr. Abbate was employed in the Division of Water as a Machine Operator-Water (Temporary) from May 22, 1989 to December 23, 1990 at a salary of
$19,107.
The Comptroller's Office has informed the Division of Water that Mr. Abbate's starting salary step should be changed to reflect the $250 improvement
that is provided by Union Contract since he was provisional for longer than six months.
Therefore, it is respectfully requested that your Honorable Body revise the starting salary for Salvatore Abbate, Jr., Caulker (Provisional) from $18,606
per year to Step 2 - $19,395 per year to reflect the $250 improvement as provided in Union Contract.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No.47
CERTIFICATE OF APPOINIMENT
IN COMPLIANCE WITH PROVISIONS OF SECTION 441, THE CHARTER AND
CHAPTER 35-1 OF TIlE
ORDINANCES OF THE CITY OF BUFFALO, I TRANSMIT
THIS CERTIFICATION
OF APPOIN.rMENT(S). I FURTIlER CERTIFY THAT
, HAVE BEEN CERTIFIED OR APPROVED BY TIlE MUNICIPAL CIVIL SERVICE COMMISSION FOR TIlE APPOINTMENT(S) MADE llEREIN, IN TIlE
THE PERSONS NAMED IN SCHEDULE "A'
DEPARTMENT OF Public Works DIVISION OF WaterTO THE POSITION OF WATER SERVICE INSPECTOR Permanent Promotional AT TIlE:Maximum STARTING SALARY
OF: $ 21,729
EFFECTIVE:March 4, 1991
Donald J. Titus, Jr.
92 Briggs Avenue
Buffalo, New York 14207
REFERRED TO TIlE COMMITTEE ON CIVIL SERVICE
No.48
CERTIFICATE OF APPOINTMENT
IN COMPLIANCE WITH PROVISIONS OF SECTION 441 OF THE CHARTER AND
CHAPTER 35-1 OF THE ORDINANCES OF THE CITY OF BUFFALO, I TRANSMIT THIS CERTIFICATION OF APPOINTMENT(S). I FURTHER CERTIFY THAT THE PERSONS NAMED
IN SCHEDULE "A" HAVE BEEN CERTIFIED OR APPROVED BY THE MUNICIPAL CIVIL SERVICE COMMISSION FOR TIlE APPOINTMENT(S) MADE HEREIN, IN TIlE
DEPARTMENT OF Public Works DIVISION OF Water
TO
THE POSITION OF
WATER LINE INSPECTOR
PERMANENT APPOINTMENT AT TIlE: MAXIMUM STARTING
SALARY OF: $ 24,510 EFFECTIVE:
March Il, 1991
Donald J. Malcsewski
230 Gibson Street
Buffalo, New York 14212
REFERRED TO TIlE COMMITTEE ON CIVIL SERVICE
No.49
CERTIFICATE OF APPOINTMENT
IN COMPLIANCE VITH PROVISIONS OF SECTION 441 OF THE CHARTER AND
CHAPTER 35-1 OF THEORDINANCES OF THE CITY OF BUFFALO, I TRANSMIT THIS CERTIFICATION OF APPOINTMENT(S). I FURTHER CERTIFY THAT THE PERSONS NAMED
IN SCHEDULE "A" HAVE BEEN CERTIFIED OR APPROVED BY THE MUNICIPAL CIVIL SERVICE COMMISSION FOR THE APPOINTMENT(S) MADE HEREIN, IN THE
DEPARTMENT OFPublic Works DIVISION OF Buildings TO THE POSITION OF Sr. Engineer - Structural Temporary Appointment AT THE:Maximum STARTING
SALARY OF: $ 36,275 EFFECTIVE:3/4/91
Burke M. Glaser
153 Aldrich Place
Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PARkS
No.50
Permission to prepare plans and Specifications and advertise for bids for Lovejoy District Park Improvements
I hereby request permission of Your Honorable Body to prepare
plans and specifications and advertise for sealed proposals for Lovejoy District Park Improverents. Improvements to the Little League Facilities at
Walden Park will be a major portion of this project.
Funds for this project were approved in the 1990-1991 Capital Budget and will be available in a Parks Department Capital Project Account.,
MR. FAHEY moved:
That the communication from the Commissioner of Parks dated March 7, 1991 be received and filed; and
That the Commissioner of Parks be, and he hereby is, authorized to prepare plans and specifications and advertise for sealed bids for Improvements to
Little League Facilities at Walden Park, with said cost to be charged to the Parks Department Capital Budget.
'ADOPTED
No.51
"Blaine Bl. Club - Request City maint. 51 Oakgrove as park"
Item #72, C.C.P. February 5, 1991
I have discussed this property with the Commissioner of Community
Development under whose jurisdiction this property falls under. Community Development has assured me that they will maintain this property.
REFERRED TO THE COMMITTEE ON FINANCE
No.52
Fencing at Martin Luther King Park
Item 104, c.c.p. March S, 1991
I have researched the area in question requesting a fence be installed
at Martin Luther King Park.
The area in question is on Best St. from Herman to East Parade.
A new fence, 4' high by 1,950' long would cost approximately $20,000.00 to have a contractor install. This includes top and bottom rail as well as uprights
and standard gauge fence.
At this time, the Parks Department does not have the finances to do the job. Perhaps the District Councilman in conjunction with the Community
Development Planning Department can find funds in an existing bond account.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF POLICE
No.53
Checks Received
Item No. 104, C.C.P. 2/2/88
Per C.C.P.. #104 of February 2, 1988, attached hereto please find
copies of the following listed checks:
#8155-00086832 - $ 3,456.00#8155-00086879 - $1,541.00
#8155-00086822 - $ 4,092.00#8155-00086854 - $3,555.00
#8155-00086864 - $ 1,220.00#8155-00086855 -$58,351.00
#8155-00086868 - $ 2,719.00#8155-00086947 - $1,147.00
#8155-00086884 - $ 3,180.00#8155-00086846 - $2,128.00
#8155-00086885 - $ 2,164.00#8155-00086877 -$51,030.00
#8155-00086887 - $ 765.00
T0TAL $135,238.00
These checks were received by this department and duly deposited in Trust & Agency Account #630-065-271-00-000.
RECEIVED AND FILED
No.54
,EXECUTED STOP DWI MOBILE DETERRENT PROGRAM CONTRACT
Please be advised that the 1990 STOP DWI Mobile Deterrent Program Contract (Cvertime) between the County of Erie and the City of Buffalo has been
fully executed.
A copy of this contract is on file in the Department of Administration and Finance, the Division of Audit and in the Division of Administration and
Communications in the Buffalo Police Department.
RECEIVED AND FILED
No.55
ABANDON / SELL PORTION COLUMBIA STREET
ITEM # 83, C.C.P. 2/19/91
The sale of said property to a private developer will in no way
impede the operation of the Buffalo Police Department. I see no problem with this sale in regards to police services.
RECEIVED AND FILED
No. 56
Permission To Enter Into Contract With TIBUR0N/PSW3 For Computer-Aided Dispatch Records Management Systems
The Buffalo Police Department has completed its consultant project
with Ernst and Young. Ernst and Young was contracted by the City to assist the Department in the selection of a Computer-Aided Dispatch System
(refer to C.C.P. #36, dated November 14, 1989). We now have chosen a vendor that we wish to enter into a contract with. The vendor is TIBURON/PSW3
and the total amount of the contract will be $656,882. Originally, there was $600,000 allocated for this project (refer to C.C.P. #187, dated Cctober 31,
1989). The cost for the balance of this project, $56,882 will be taken from drug forfeiture asset funds in an established Trust and Agency.
We are respectfully requesting the Council's permission to enter into a formal contract with TIBURON/PSW3. Once permission has been secured, we will
then ask that the $600,000 bond sale take place.
REFERRED TO THE C0MMITTEE ONFINANCE, AND THE CORPORATION COUNSEL.
FROM THE COMMISSIONER OF FIRE
No.57
#84 C.C.P. 2/19/91
ABANDON/SELL PRTN COLUMBIA ST.
THE BUFFALO FIRE DEPARTMENT HAS NO INTEREST OR CONCERN FOR THE
SECTION OF COLUMBIA ST. BETWEEN SCOTT ST. AND PERRY ST. THERE ARE NO BUFFALO FIRE DEPARTMENT WIRES OR' CABLES UNDER THIS SECTION OF COLUMBIA
ST.
RECEIVED AND FILED
FROM THE CORPORATION COUNSEL
No.58
University Heights Community Center Required Easements
[Item No. 50, C.C.p., Mar. 5, 1991]
The above-referenced communication was referred to the Committee on Legislation and to this Office for an opinion. It is a communication from the
Commissioner of Public Works seeking authorization to grant easements into and over portions of Main Street, Heath Street and Coyle Alley to facilitate
construction of the proposed University Heights Community Center.
We have examined the proposed easements and discussed them with the Division of Planning and the Division of Engineering. We find them to be
necessary and appropriate for construction of the proposed community center on the available parcel.
Your Honorable Body has the power to authorize the Mayor to execute said easements.
RECEIVED AND FILED
No.59
Pilot Naming Rights Payments
Item No. 198, C.C.P., 3/5/91
Please be advised that it will require a resolution passed by
Your Honorable Body and presented to the Mayor for review, before the Notice of Termination can be served on Pilot Air Freight Corporation.
REfFERRED TO THE COMMITTEEON FINANCE.
AYES- BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-9
NOES- ARTHUR, BELL, PITTS-3.
No.60,
Waterfront Redevelopment Project
NYR-35 Area A Disposition Parcel
No. 36 Lease Agreement
Buffalo Charters, Inc.
Item No. 80, CCP:, Mar. 5, 1991
The above-referenced item was referred to the Committee on Finance
and this Office for an opinion. It is a communication from the Division of Development requesting Your Honorable Body's approval of a proposed lease for
a 400 ft. portion of the north wall of the Buffalo River adjaoent to Disposition Parcel 36, to Buffalo Charters, Inc. for a six-year term, with one six-year
option to renew. The lease calls for the rent to escalate 15% every three years. It also provides the standard indemnification and insurance clauses. It
is actually a renewal lease; Buffalo Charters, Inc. has been leasing this bearth since 1988, and was leasing a slightly smaller one before that.
We have reviewed the lease, and Your Honorable has the power to authorize the Buffalo Urban Renewal Agency to execute it. We have approved it as to
form.
'RECEIVED AND FILED
No.61
L.L. Intro. #4 - Dep. Comm of Fire
Item No. 194, C.C.P., 3/5/91]
At a meeting of the Civil Service Committee this department was
asked to file a report regarding the possibility of a trade-off of two Battalion Chiefs for two Deputy Fire Commissioners.
I have not had sufficient time to contact all of the necessary parties within the administration. I will file a further report as soon as I have made this
contact.
RECEIVED AND FILED
No. 62
'Reestablish position -Supervisor of Recruitment
Municipal Civil Service Commission
Item No. 163, C.C.P., Mar. 5, 1991]
The above item has been referred to the Civil Service Commission,
the tornissioner of Administration and Finance, and this Office for response. It is a resolution by Mr. Arthur requesting the Civil Service Commission and
the Department of Administration and Finance to submit a.salary ordinance amendment to recreate the position of supervisor of Recruitment in the Civil
Service Commission
1 a position that has been abolished.
In my judgment, the Commission and the Department of Administration and Finance are empowered to submit such an amendment, but are not required to
do so by virtue of the resolution if it were enacted.
REFERRED TO THE COMMITIEE ON CIVIL SERVICE
No.63
Auth. Special 20 yr. Sec. 384-E Plan
Item No. 200, C.C.P., 1/22/91]
At a meeting of the Civil Service Committee this department was
asked to file a report regarding the administration's position on the item and a cost analysis of the expense of retaining an outside law firm to handle the
matter.
I have not had sufficient time to collect this information and will file a further report as soon as I have the information.
BECEIVED AND FILED
No.64
Transfer of Funds - Debt Service - Eagle Ramp Item No. 18, C.C.P., 3/5/91]
At the meeting of the Committee on Finance on March 12, 1991,
Council Member James W. Pitts requested an opinion from this office regarding whether the transfer of funds requested in the above referenced
communication from the Board of Parking is legal pursuant to the lease between the City of Buffalo and Buffalo Civic Auto Ramps, Inc.
We have reviewed the "Restated Consolidated Lease Agreement" between the City of Buffalo and Buffalo Civic Auto Ramps, Inc. dated July l, 1989.
Section 10(b) of the Lease governs the use of the Repair Reserve Fund. This section provides that the Repair Reserve Fund can be used "other than
pursuant to budget appropriations," upon separate recommendation of the Board of Parking and the Common Council, and with 30 days notice to Buffalo
Civic Auto Ramp, Inc. with an opportunity to be heard before the Common Council.
In this case, both the Board of Parking and Buffalo Civic Auto Ramps, Inc. have unanimously approved the transfer and recommended it to your Honorable
Body for approval. Therefore, the transfer is legal and within your power to approve.
REFERRED TO THE COMMITTEE ON fINANCE
No.65
NFTA - Acquisition of Property for Cold Spring Bus Garage
Item No. 101, C.C.P., Mar. 5, 1991]
The above-referenced item was referred to the Committee on Finance,
the Commissioner of Community Development, the Commissioner of Public Works, and this Office for an comment. It is a communication from the Niagara
Frontier Transportation Authority ("NFTA") informing the Common Council that NFTA is interested in acquiring two properties along Masten Avenue and
Morley Place, and has long-term interest in acquiring eight more properties to expand the Cold Spring Bus Garage at Main and Michigan.
The NFTA is a public authority created by Act of the State Legislature and has the power to acquire real property by eminent domain. It must follow the
same provisions of the Eminent Domain Procedure Law that the City must follow, including publishing legal ads and holding a public hearing.
The above communicatiop was sent as a courtesy to inform Your Honorable body of NFTA's intentions. However, there is no action for Your Honorable
Body to take on the matter.
REFERRED TO THE COMHITTEE ON FINANCE
No.66
Gordon Rees - Sidewalk Assessment -1650 Fillmore
Item No. 105, C.C.P. , Mar. 5, 1991]
The above-referenced item has been referred to the Committee on
Finance, the Commissioner of Public Works, and this Office for an opinion. It is a communication from Gordon Rees, 1650 Fillmore Avenue, requesting
cancellation of the special assessment of $820.00, plus interest for.replacement. of the sidewalk in front of his house in 1987. Mr. Rees claims that the
sidewalk was daliq*d by the City during the clean-up of the "Blizzard of 1977" and thus, the repair should be a general City charge.
Chapter 29 of the City Charter specifies a procedure for challenging a special assessment, beginning with filing a grievance with the Assessor's office.
Chapter 29 contains certain deadlines for various steps of the Process. Apparently, Mr. Rees either missed the deadline or did not follow the procedure
at all.
Section 47 of the City Charter provides that the Council may, by resolution and by a two-thirds vote, compromise or release any liability to the City.
However, the section provides that "any such compromise or release must have a clearly tangible benefit to the City of Buffalo." If it does not, it would
be &n unconstitutional gift of public property prohibited by Article VIII, Section l of the State Constitution. If the sidewalk in front of 1650 Fillmore were
Indeed damaged by the City during the Blizzard of '77 clean-up, that would be &uficient justification for compromising the liability. However, you should
request both Mr. Rees and the Department of Public Works to 'present to Your Honorable Body any evidence that exists that such was the case.
REFERRED TO THE COMMITTEE ON FINANCE
No.67
Arts Commission - Powers and Duties
IItem No. 159, C.C.P., 2-19-91]
At the meeting of the Committee on Legislation on March 12, 1991,
the Council President asked for an opinion of this office whether the above referenced proposed Ordinance Amendment would be binding, and whether it
would violate arbitrage regulations.
The proposed Ordinance would not be binding on anyone except the Buffalo Arts Commission. The Commission would be obligated by the Ordinance to
make a budget request each year for art in public places equal to one percent of the Capital Budget, but the Mayor would not be obligated to recommend
the request in his proposed budget and the Common Council would not be obligated to grant it.
With regard to arbitrage regulations , if the arts projects were to be funded with tax-exempt municipal bonds, the use of the proceeds would be subject
to the anti-arbitrage regulations in the Internal Revenue Code and Regulations. Those provisions could be complied with by simply not selling the bonds
until work was ready to begin.
REFERRED TO THE COMMITTEE ON LEGISLATION
No.68
Amend Interim Lease With Sabres'
Item No. 182, C.C.P., Mar. 5, 1991
The above-referenced item was referred to the Auditorium Task
Force and to this Office for an opinion. It is a resolution requesting the Buffalo Sabres to enter into negotiations with the City to extend the !nterim
Lease Agreement for use of Memorial Auditorium, which was entered into on July l, 1990 and expires on June 30, 1995. The proposal seeks to extend the
Interim Lease by one year, to June 30, 1996, and seeks to extend each interim deadline contained in the lease for completion of various threshold tasks
toward the construction of a new arena by one year. The reason an extension is desired is that the fiscal crisis facing the City and the State will delay
financing of a new arena.
What is proposed by the resolution is a modification and extension of a contract. If both parties agree, Your Honorable Body has the power to authorize
"he proposed modification by a simple majority vote, pursuant to Section 517 of the City Charter, and the Mayor to execute the modification and
extension pursuant to Section 518 of the Charter.
REFERRED TO THE AUDITORIUM/STADIUM TASK FORCE.
No.69
Daryl Krakowiak v. City of Buffalo
The approval of Your Honorable Body is hereby requested for a
compromise settlement of the City of Buffalo's counterclaim against Mr. Daryl Krakowiak. Mr. Krakowiak was involved in an automobile accident with a
city-owned vehicle, Fire Department Engine #31 at the intersection of Bailey Avenue and Genesee Street within the City of Buffalo on February 26, 1988.
Mr. Krakowiak sued the City for both personal injuries and property damage as a result of this accident. The City has a counterclaim for property
damages of $5,227.08 against the plaintiff Mr. Krakowiak. Damage to Mr. Krakowiak's vehicle, which was totaled, was $6,200.00. The insurance carrier
(General Accident) with respect to the property damage claim has offered the City approximately 90% of the City claim in the amount of $4,673.71 and to
discontinue its action against the City with respect to the property damage claim of Mr. Krakowiak.
After a review of the underlying facts in this case and the caselaw in this area of tort liability, our office has determined that this settlement
arrangement is in the best interest of the City and recommend this settlement offer herein.
We hereby respectfully request that Your Honorable Body accept the offer of $4,673.71 with respect to the City property damage claim.
MR.FAHEY moved:
That the communication from the Corporation Counsel dated March 12, 1991 be received and filed; and
That the Corporation Counsel be, and he hereby is authorized to compromise and settle the City's claim against Daryl Krakowiak in the amount of
$5,227.08 for property damage to Fire Department Engine No. 31, for payment to the City of $4,673.71 by General Accident Co., Mr. Krakowiak's insurance
carrier, and the discontinuance of Mr. Krakowiak's action against the City for $6,200.00 for damage to his vehicle.
PASSED
AYES-12
NOES-0
No.70
Compromise of Claim City of Buffalo v. Edward Fialkiewicz and Diane S. Wollage
The approval of Your Honorable Body is hereby requested for a
compromise settlement of the City of Buffalo's action against Edward Fialkiewicz and Diane S. Wollage. Ms. Wollage was the driver of a vehicle owned by
Mr. Fialkiewicz, which was involved in a traffic accident with a police vehicle on December 23, 1985 at the intersection of Babcock and Howard Streets in
the City of Buffalo.
The cost of repairs to the police vehicle was $2,616.10. Fialkiewicz's insurance carrier, The Travelers, has contacted this off ice and has offered to settle
the City's claim for $1,962.00. Since a finding of contributory negligence on the part of the police officer who was driving the police vehicle is possible,
and given the cost to litigate this matter, we recommend this settlement.
MR.FAHEY moved:
That the communication from the Corporation Counsel dated March 14, 1991 be received and filed; and
That the Corporation Counsel be, and he hereby is, authorized to compromise and settle the City's claim of $2,616.00 against Edward Fialkiewics and Diane
S. LJollage by accepting payment from the Travelers Insurance Co. of $1,962.00.
PASSED
AYES-12
NOES-0
No.71
Settlement of Property Damage Collection Matter - Good and Fair Carting and Moving Company
On October 5, 1990, a vehicle owned by Good and Fair Carting and
Moving Company, driven by Michale H. Netter, struck a light standard.
The light standard was repaired by the Niagara Mohawk Power Corporation. Niagara Mohawk charged the City of Buffalo for the cost of labor, trucking,
repairing and resetting the lamp standard in the amount of $612.00.
The City of Buffalo furnished to Niagara Mohawk the column and arm for the light standard. Additionally, the City added $15.00 for a City inspection fee
and $188.00 for a 10% overhead charge. The total cost of repairs was estimated to be $2,067.00.
The insurance carrier for Good and Fair Carting and Moving Company has sent ihe City a check to settle this matter for the sum of $1,879.00 (91% of the
total amount). The Law Department recommends acceptance of this settlement offer for the following reasons: First, the estimate could be questioned
because of the inclusion of an overhead charge. Furthermore, additional costs would be incurred initiating a lawsuit for recovery of the full amount
owed. The cost of court filing fees, service of process and deposition transcript fee, would exceed the amount of the overhead charge.
Therefore, it is respectfully requested that Your Honorable Body authorize the Corporation Counsel to settle this matter for the sum of $1,879.00.
MR.FAHEY moved:
That the communication from the Corporation Counsel dated March 14, 1991 be received and filed; and
That the Corporation Counsel be, and he hereby is, authorized to settle and compromise the City's claim o against Good and Fair Carting and Moving
Company by accepting payment from the insurance carrier for Good and Fair Carting and Moving in the amount of $1,879.00.
PASSED
No.72
REQUEST FOR EXCLUSIVE USE A RIGHT-OF-WAY EASEMENT BY DAL RECHIN - 106 BRINTON STREET
Item No. 19, C.C.P., January 22,
The above item was passed by Your Honorable Body during your meeting
of January 22, 1991.
However, an error was made in the amount of consideration Mr. David P. Rechin was supposed to pay for the grant of the exclusive use and right-of-way
easement. The correct amount should read One Hundred Dollars ($100.00), which was the figure recommended by the Comptroller's office and not Seven
Thousand Five Hundred Dollars ($7,500.00) as approved by the Council.
This office would therefore request that Your Honorable Body effectuate the change to enable the Law Department to proceed with preparing the
Easement Agreement.
MR.FAHEY moved:
That the communication from the Corporation Counsel dated March 14, 1991 be received and filed; and
That Item No. 19, C.C.P. January 22, 1991 96'
so that the consideration to be paid by David for an exclusive use and right-of-way easemel.
106 Brinton reads $100.00; and
That the Mayor be, and he hereby is, authorized
execute an exclusive use and right-of-way easement t& David P. Rechin of 106 Brinton Street for the consider& of $100.00.
PASSED
AYES-12
NOES-0
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No.73
Bison wholesale - Application to Place a Billboard Sign
at 654 Elk Street
Item No. 109, C.C.P. 315/91
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
MR.FAHEY moved:
That the communication from the Commissioner of Community Development, dated March l3, 1991 be received and filed; and
That Item No. 109, C.C.P., March 5, 1991 "BISON WHOLESALE-APPLICATION TO PLACE A BILLBOARD SIGN AT 654 ELK STREET" is an unlisted action as defined in 6
NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an
uncoordinated review, the Common Council has evaluated an Environmental Assessment form (EAF) on this item which has been completed by the
applicant (Part l) and by the City Planning Board (Part II).
Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED
No.74
The Crosby Co. - Petition to Rezone 376, 384, 388, 392, 394 Spring Street from R3 to M2
Item No. 94, C.C.P. 2119/91
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Fahey moved:
That the communication from the Commission of Community Development dated March 13, 1191, be received and filed,; and
That Item No. 94, C.C.P., 2/19/91 - The Crosby Co.-Petition to Rezone 376,384, 388, 392 and 394 Spring Street from R-3 to M-2 is an unlisted action as
defined in 6 N.Y.C.R.R. Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part
of an uncordinated review, the Common Council has evaluated an Environmental Assessment Form (FAF) on thsi item which has boen completed by the
applicant (Part I) and by the City Planning Board (Part II).
Having made an independent assessment of the information contained in the FAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
Adopted
No.75
Matusick, Spadafora and Verrastro - Request Permission to Encroach on the R.o.w. of Virginia St. at 335 Niagara
Item No. 48, C.C.P. 3/5/91
Attached for your ,nzorma&ion IS cne o'norc mnvironmenc~ Assessment
Form for the matter captioned above.
MR.FAHEYMOVED
That the communication from the Commissioner of Community Development, dated March 13, 1991 be received and filed; and
That Item No. 48, C.C.P., March 5, 1991, "MATUSICK, SPADAFORA AND VERRASTRO-REQUEST PERMISSION TO ENCROACH ON THE R.O.W. OF VIRGINIA STREET AT
335 NIAGARA" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved
agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment form (EAF) on this item
which has been completed by the applicant (Part l) and by the City Planning Board (Part II).
Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED
No.76
Community Wide Urban Renewal
Demonstration Program Plan Supplement
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
MR.FAHEYmoved:
That the communication from the Commissioner of Community Development, dated March 13, 1991 be received and filed;
and
That "COMMUNITY WIDE URBAN RENEWAL DEMONSTRATION PROGRAM - PLAN SUPPLEMENT" is an unlisted action as defined in 6 NYCRR Part 617.2. The
Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the
Common Council has evaluated an Environmental Assessment form (EAF) on this item which has been completed by the applicant (Part l) and by the City
Planning Board (Part II).
Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED
No,77
Buffalo Development Corp.
Request to Abandon and Sell a Portion of Columbia Street
Item No. 83, C.C.P. 2/19/91
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
MR.FAHEY moved:
That the communication from the Commissioner of Community Development, dated March 13, 1991 be received and filed; and
That Item No. 83, C.C.P., February 19, 1991, "BUFFALO DEVELOPMENT CORP. REQUEST TO ABANDON AND SELL A PORTION OF COLUMBIA STREET" is an unlisted
action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As
part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment form (EAF) on this item which has been completed by
the applicant (Part l) and by the City Planning Board (Part II).
Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED
No.78
Abandonment & Sale of a Portion of Columbia Street.
Item No. 83, C.C.P. 2/19/91
The Department of Co-unity Development supports the abandonment
of Columbia Street as proposed by the Buffalo Development Companies. This actions will assist in the needed redevelop:nt of this area by providing
additional land to supplement the parcel created by demolishing the vacant high rise warehouses.
RECEIVED AND FILED
No.79
Report of Bids
Site Redevelopment of War Memorial Stadium
Item No. 67, C.c.P. 4/12/88
As authorized by Your Honorable Body per item No. 67, C.C.P. 4/12/88,
the Department of community Development advertised for and received the following sealed bids for the Site Redevelopment of War Memorial Stadium
which were opened and publicly read aloud on 2/26/91:
GENERAL CONSTRUCTION
C0NTRACT0R BASE BID ALT. #1ALT. #2
Nichter Utility Construction $4,992,000 $23,000 $19,000
344 vulcan Street Buffalo, N.Y. 14207
Ciminelli Construction$5,198,300$24,500$21,500
369 Franklin Street Buffalo, N.Y. 14202
P.A. Elia Construction$5,492,100$30,000$23,000
176 Vulcan Street Buffalo, N.Y. 14207
Depew Development$5,550,000$27,000$27,000
4429 Walden Avenue Lancaster, N.Y. 14086
Sicoli and Massaro, Inc.$5,688,000$23,500$24,400
M.P.0. Box 825 Niagara Falls, N.Y. 14302
ABC Paving Co., Inc.$5,955,700$25,000$23,000
2544 Clinton Street Buffalo, N.Y. 14224
SCC Contracting, Inc.$6,190,000$23,000$22,500
2749 Lockport Road Niagara Falls, N.Y. 14302
P.A.T. Construction$6,453,700$24,465$25,300
2457 Wehrle Drive Williamsville, N.Y. 14221
-Alt #1, General - Add Automatic watering system.
-Alt #2, General - Add Press Box.
ELECTRICAL CONSTRUCTION
CONTRACT0RBASE BID Alt 1 Alt 2 Alt 3 Alt 4
CIR Electric$598,400 '-$510 $54,000 $2,450 $26,200I
1067 Harlem Road Buffalo, N.Y. 14227
Industrial Power& Lighting $599,850 $ 985 $54 ,800 $2,325 $19,975
701 Seneca St. Buffalo, N.Y. 14210
Wittburn Enterprises $607,000 $800 $69,400 $1,800 $24,000
36 Cypress St. Buffalo NY 14204
Ferguson Elec.$649,000$2,500 $72,600$3,000$28,700
333 Ellicott St. Buffalo, N.Y. 14203
Frey Electric $675,000$750$3,200$57,000$20,900
1300 Military Rd. Buffalo N.Y. 14217
Weydman Electric $799,000$1,850 $79,000$2,500$32,160
747 Young St. Tonawanda NY 14150
-Alt. #1, electrical -work related to automatic watering system.
-Alt #2, electrical -upgrade lighting from general spectator to T.V. coverage.
-Alt #3, electrical -work related to press box
-Alt #4, electrical -include complete sound system.
PLUMBING CONSTRUCTION CONTRACTOR BASE BID
Kandey Co. Inc. '$203,333
19 Ransier Drive West Seneca, N.Y 14221
Ackerman & Huebsch, Inc. $221,720
140 Fire Tower Road Tonawanda, N.Y. 14150
C & C Plumbing & Heating $227,400
324 Harris Hill Rd. Williamsville, N.Y. 14221
J D Plumbing Corp.$239,227
120 W. Tupper St.Buffalo, N.Y. 14201
CONTRACTORBASE BID
W.C. Roberson Plumbing$240,223
602 East Delavan Avenue Buffalo, N.Y. 14211
J.W. Danforth and Company $241,347
1940 Fillmore Avenue Buffalo, N.Y. 14214
M B I Plumbing, Inc.$246,000
300 Scott Street Buffalo, N.Y.
Matthew Kandefer, Inc.$274,770
873 Mineral Spring Rd. West Seneca, N.Y. 14224
J.T. Monaco Corp.$299,400
415 Lawrence-Bell Dr.Williamsville, N.Y. 14221
HEATING, VENTILATING CONSTRUCTION
CONTRACTOR BASE BID
Vastola Heating $33,640
65 Riley St. Buffalo, N.Y.14209
Buffalo Sheet Metals, Inc. $35,700
303 Central Avenue Buffalo, N.Y. 14240
John W. Danforth and Company $42,700
1940 Fillmore Avenue Buffalo, N.Y. 14214
B H Refrigeration, Inc. $42,900
818 Elmwood Avenue Buffalo, N.Y. 14222
Allied Mechanical, Inc. $45,912
531 Virginia St. Buffalo, N.Y. 14202
Joseph Higgins Co., Inc. $46,592
977 Military Road Kenmore, N.Y. 14217
Davis Refrigeration Co. $47,480
120 West Tupper St. Buffalo, N.Y. 14201
I hereby certify that the foregoing is a true and correct statement of all bids received. The following are the lowest responsible bidders in accordance
with the plans and specif icati~
GENERAL CONSTRUCTION
Nichter Utility Construction Co., Inc. in the base bid amount of $4,992,000.00
ELECTRICAL CONSTRUCTION
Industrial Power & Lighting Corp., in the base bid amount of $599,850, plus add alternate #4 at $19,975 for a total of $619,825.
PLUMBING CONSTRUCTION
Kandey Company, Inc., in the base bid amount of $203,333.
HEATING & VENTILATING CONSTRUCTION
Vastola Heating and Air Conditioning Corp. in the base bid amount of $33,640.
The total amount of all work to be performed is $5,848,798.00. The estimate for all work included in the preceeding bid results was $5,563,700.00.
Also upon reviewing resumes submitted for construction monitoring services related to the site redevelopment of War Memorial Stadium, permission is
requested from Your Honorable Body to enter into a professional services contract with Michael Dickman for a lump sum in the amount of $50,000.00.
This contract will be for professional services only and will include no benefits. Similar services, if contracted through a consultant as a change order
would cost in excess of $85,000.00.
Funds for the construction work and construcion monitoring services will be available in Capital Project Bond Fund No. 415-717-003, pending the upcoming
bond sale. I recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work and services on the basis
of bids and resume s received.
REFERRED TO THE COMMITTEE ON FINANCE
No.80
Change Order #2 - Plumbing
Construction Contract East Clinton
Autumnwood Senior Citizen Center
I herewith submit to Your Honorable Body the following change
in contract for plumbing construction work related to the East Clinton Autumnwood Senior Citizen Center being done under contract #91543000 with C
& C Plumbing, Inc.:
l.) Install water lines, drain and vent
related to a new stainless steel
Serving counter w/sink. ADD $777.85
This work was necessary in order to comply with conditions stipulated by the Department of Health and Erie County Senior Services in regard to the
meal program at the East Clinton Senior Center.
A contract summary is as follows:
ORIGINAL CONTRACT SUM$65,825.00
CHANGE ORDER #1$ 5,614.62
AMOUNT THIS CHANGE ORDER$ 777.85
REVISED CONTRACT AMOUNT$72,217.47
The time and material costs for this work have been reviewed by the Department of Community Development and are deemed to be fair and equitable.
The necessary funds are available in Bond Fund #200-717-040.
I therefore recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a Change Order to C & C Plumbing as
set forth above.
MR. FAHEY moved:
That the communication from the CommisSiOner of Community Development, dated March 14, 1991, be received and filed; and
That the Commissioner of Community Development be, and he hereby is authorized to issue a change order to C & C Plumbing, Inc., in the amount of
$777.85 for additional work under Contract 491543000 for construction of East Autumnwood Senior Citizen Center, with said cost to be charged against
Bond Fund #200-717-040.
PASSED.
AYES-12
NOES-0
No.81
Emergency Engineering Services -
K-Mart - 999 Broadway Ave.
The Department of Community Development is requesting permission
to hire Benchmark Developments engineering firm of Almeter/Barry to provide emergency engineering services for utility connections at the proposed
R-Hart development site at the former Sattler Site.
Due to the projects vigorous time schedule we are requesting permission to obtain the services of AlmeterlBarry for a $3,000.00 retainage fee with the
final contract amount being based upon 7% of the water lines consttuction costs.
Almeter/Barry will provide the Division of water as well as the Department of Community Development with engineering services including constrvction
drawings and constrvction and bidding documents.
Money for these services are available in Bond Fund Account 200-717-008.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development dated March 14, 1991 be received and filed; and
That the Commissioner of Community Development be, and he hereby is, authorized to hire the engineering firm of Almeter/Barry to provide emergency
engineering services for utility connections at the proposed K-Mart Development at the former Sattler's Site, for a $3,000.00 retainer plus seven per
cent (7%) of the final water line construction cost, with costs to be charged to Bond Fund #200-717-008.
PASSED
AYES-12
NOES-0
No.82
Ordinance Amendment -Preservation Fees
I have reviewed the proposed ordinance to amend the fee schedule
for certain Preservation Board actions. These fees were part of an across-the-board package of such items necessary to raise city revenues in lieu of
staff reductions. The Buffalo Preservation Board was the only board within the department that did not generate revenues to help offset their
expenses.
The Preservation Board fee structure was designed to recover direct costs such as legal advertisements, copying and photography, but to exclude
owner-occupied individuals and to apply to absentee owners.
The elimination or reduction of fees proposed by Mr. Rutecki would cost the City an estimated $5,100 per year.
REFERRED TO THE COMMITTEE ON FINANCE
No.83
NFTA - Int. in Purch. Prop. Adj. Maint. Garage
Item No. 101, C.C.P. 3/5/91
The Department of Community Development has reviewed the request
by the NFTA to acquire two properties on Hasten Avenue and a portion of Morley Place to facilitate bus turning movements. We would need to see a plan
with actual bus turning radii to confirm what the NFTA is requesting. We would suggest that information be requested from the NFTA.
The Authority has expressed interest in acquiring eight parcels on Hasten and Morley Place for an undisclosed future interest. On the remainder of the
block, however, the City owns four parcels of land. Until we know what the Authority plans to do, we cannot assess the potential impact on the
remainder of the block.
In the event the Authority is able to acquire the two parcels on Hasten as originally requested, we would strongly recommend that the properties be
rezoned from R-3 to CM, along with the provision of transitional yards to protect adjacent residential uses. Additionally, as a condition to a rezoning or
sale of city property, required screening :st be provided.
REFERRED TO THE COMMITTEE ON FINANCE
No.84
Bertha's Restaurant
Request to Place a Sidewalk Cafe at 1430 Hertel Ave.
Item No. 47, C.C.P. 3/5/91
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
REFERRED TO THE COMMITTEE ON LEGISLATION
That the Commissioner of Community Development be, and he hereby
is, authorized to enter into a sole source purchase contract, without competitive bidding, with the Cold Spring Granite Company, for purchase of the
Fountain Granite specified by the Main Genesee Urban Design Group and the City Arts Commission.
PASSED
No.85
ROTARY CLUB CONTRIBUTION - FOUNTAIN PLAZA
C.C.P. #80, 225 March 13, 1990
C.C.P. #86, 87, 88, March 27, 1990
On March 27, 1990, your Honorable Body approved a contract for
the naming of the ice rink at Fountain Plaza as "Rotary Rink" in recognition of a financial contribution from the Rotary Club of Buffalo projected to total
$500,000. As the attached letter from the Buffalo Rotary Foundation and Buffalo Rotary Club Inc. states, the Rotary's fundraising efforts have been very
successful and City has been informed that cash donations and commitments for the full $500,000 are now in place.
Construction of the ice sheet along with other elements of the approved design have been authorized and are currently underway. We are
operating under a very tight construction schedule requiring the
purchase of certain items and remaining contracts to be let prior to and during this year's construction season, thus enabling Rotary Rink and Fountain
Plaza to be fully operational and serviceable for the public by November 1991.
The present request is twofold.
(l) to authorize formal acceptance the Rotary Club's
financial contribution and establish an appropriate account within the Comptroller's office to accept these funds.
(2) to authorize the direct purchase of granite for the
Plaza Fountain with funds from the Rotary Club of Buffalo.
Regarding the first, with your approval the Community Development Department and Rotary Club, would make the necessary arrangements
with the Comptroller's office for the deposit of funds and encumbrances against these funds.
Concerning the second, it is requested that a waiver of formal bidding requirements be given and permission be granted for entering into a
standard city purchase order for the following reasons. The Fountain Granite specified by our Consultants, Sasaki Associates, and approved by the Main
Genesee Urban Design Group and the City Arts Commission comes from the Carnelian and Charcoal Black Quarries in Minnesota and South Dakota. The
Cold Spring Granite Company has exclusive ownership of the source of all materials from these two quarries and it is considered a proprietary item.
This granite has been preselected by the City's design consultants and neither the particular type nor precise dimension of rough quarried pieces
selected may be secured anywhere else in the world. Hence, a contract for purchase of this proprietary item must be treated as a sole source
agreement.
The Department of Community Development has requested, reviewed, and accepted a proposal from the Cold Spring Granite Company in the
amount $245,000 pending your Honorable Body's further approval of the arrangement set-forth herein.
The Cold Spring proposal includes the granite itself, transportation, delivery, and installation at the site. (A separate contract with Ciminelli
Construction Co. has been approved by BURA for the mechanical and plumbing fixtures needed to operate the Fountain). After negotiation with Cold
Spring Granite Co., the Department of Community Development finds the $245,000 price submitted very fair and considerably lower than prior estimates
developed during the design process.
Due to the seqential ordering of construction activities scheduled before and after delivery of the Fountain granite on site, your Honorable
Body's immediate approval of this item is requested. Will Clarkson, Chairman of the Main Genesee Design Task Group, members of my staff, and myself
are available to answer any questions and provided additional information as needed. Thank you.
MR.FAHEYMoved:
That the communication from the Commissioner of Community Development be received and filed; and
That the Commissioner of Community Development and the Comptroller be, and they hereby are, authorized to accept the Rotary club'sfinancial
contribution of $500,00.00 to the construction of a new ice rink at Fountain Plaza and that the Comptroller be, and he hereby is, authorized to establish
an appropriate account for said funds; and
That the Commissioner of Community Development be, and he hereby is, authorized to enter into a sole source purchase contract, without competitive
bidding, with the Cold Spring Granite Company, for purchase of the Fountain Granite specified by the Main Genesee Urban Design Group and the City Arts
Commission.
PASSED
AYES-12
NOES-0
No.86
Berger's Financial Problems
Item //35 & l/52 C.C.P. 2/5/91
Please be advised that both the Corporation Counsel's Office and
lBEbC General Counsel are aware of the bankruptcy proceeding and of the relevant claim filing requirements and deadlines. As of this date no claims need
be submitted.
REFERRED T0 THE COMMITTEE ON ECONOMIC DEVELOPMENT
No.87
Kingsley Park - Inactive Hazardous Waste Disposal Site # 915124
Item No. 66, C.C.P. 03/05/91
As requested, our department has viewed the draft consent order
and estimated remediationcosts submitted by the New York State Department of Environmental Conservation. Please be advised that our department is
in agreement with the cost estimates for remediation and the proposed 25% share of costs for consulting fees and on site clean up. The city will also be
responsible for operation and maintenance of the remedial program which involves 5 years of continued monitoring and sampling.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
.
FROM THE COMMISSIONER OF INSPECTIONS ID COMMUNITY REVITALIZATION
No.88
Report of Emergency Demolition Re; 536 We' Ferry
Due to the very serious and hazardous condition of the property
listed below, inspections were conducted by this department and it was determined that immediate action was necessary due to (l) the structural
condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at the 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 February 5, 1991 and that the contract willbbe awarded to the following
responsible bidder:
ADDRESS AND OWNER CONTRACTOR AND DOLLAR AMOUNT OF BID
536 West' Ferry Integrated Waste Special Services
The Saints Home Church of $42,320.00
God in Christ C/O
Bishop Carl Roberson
348 Richmond
Buffalo, New York 14213
Please be further advised that the demolition contractor will arrange for the water and sewer termination and that the cost is included in the cost of
the project.
We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be
charged to the Special Assessment Fund #500-00O-002-00OOO, 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.89
[Report of Emergency bid Re: 17 Walden for demolitj
Due to the very serious and hazardous condition of the fire-damaged
building located at 17 Walden Avenue, Fire Commissioner Paul Shanks requested that our department bid the property for immediate emergency
demolition. Inspections were also conducted by this department and it was determined that act ion was necessary due to (l) the structural condition of
the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e.
1 in accordance with guidelines outlined in Chapter 113 of the Crdinances of
the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on February 25, 1991 and that the contract will be awarded to the following
responsible bidder:
ADDRESS AND OWNER TRACTOR AND DOLLAR ~ OF BID
17 Walden Integrated Waste Special Services
Welton Miles $36,520.00
17 Walden
Buffalo, New York
Please be further advised that the demolition contractor will arrange for the sewer and water termination and that the cost is included in the cost of
the project.
We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be
charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession
benefitted, under the provision of Chapter 113 of the Ordinances.
MR. .FAHEY moved:
That the communication from the Commissioner of Inspections & Community Revitalization, dated February 27, 1991, be received and filed; and
That the award by the Commissioner of Inspections & Community Revitalization of an emergency demolition contract to Integrated Waste Special
Services at a cost of $36,520.00, relating to demolition of building at 17 Walden Avenue, be, and the same hereby is confirmed, ratified and approved, with
said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost be assessed against the property benefitted and
collected from the party responsible under the provisions of Chapter XI, Article VII, of the Ordinances of the City of Buffalo.
PASSED.
No.90
Report of Cancellation of Demolition Order for 356 Wilson Street
'Item No. 59, C.C.P. 2/7/89
Please be advised that the demolition order, as reported in Item
No. 59, C.C.P. 2/7/89 for the above-stated property has been cancelled.
The property has been sold and the new owner has repaired the building.
RECEIVED AND FILED
No.91
Rescind Sale - 1632 Genesee St.
#48, c.c.P 2/19/91
With reference to the above subject property, please be advised
demolition of this property was completed on December 3, 1990.
REFERRED TO THE COMMITTEE ON FINANCE.
No.92
344-346 GENESEE- PRIVATE DEMOLITION
REQUEST TO ASSESS OWNER FOR COSTS INCURRED BY CITY FOR DEBRIS REMOVAL AND DISPOSAL
Demolition of the subject property was caused by the owner pursuant
to a contract with Unique Construction; i.e., the demolition contract was not awarded by the City in this case. Although the work was performed in April
1989, an inspection of the site by this department's Housing/Property Inspections staff in August 1990 (in response to complaints from area residents)
revealed that the contractor had failed to remove and dispose of the debris resulting from the demolition. Inasmuch as the contractor refused to
arrange for removal of the debris, despite notice of his responsibility to do so, we have placed a hold on the related $5,000 performance bond and have
caused removal of the material with intent to assess responsible parties for costs incurred. Accordingly, we hereby request authorization to charge
the cost, in the amount of $19,476, to Special Assessment Account 500 ~ C32~ whereby a lien will be placed against the property and it will be possible
to make payment fo' services rendered in this regard.
REFERRED TO THE COMMITTEE ON FINANCE.
No.93
EMERGENCY SHELTER GRANT PROGRAM CITY OF BUFFALO APPLICATION FOR 1991
In response to your inquiry, please be advised that the following
recommendations will be made to the Department of Housing and Urban Development:
Agency Name $ Amount of Recommendation
Haven House $10,310 - Rehab/Improvements
4,410 - Maintenance
FLARE 17,500 - Rehab/Improvements
Crisis Services 65,736 - Adm.Services
YCAA/North Street 67,400 - Elevator Repair/iintenance
YWCA/North Street 28,000 - Exterior Repairs
Salvation Army 16,084 - Adm. & Essential Services
Salvation Army 10,343 - Overhead/Operating Expenses
Housing Assistance
Center 24,717 - Essential Services
Compass House 12,500 Overhead Expenses
Compass House 4,500- Essential Services
Western N.Y. Vet
Housing Coalitionl116,600 Stratford Arms Renovation Project
TOTAL 378,100
RECEIVED AND FlLED
No.94
SALARY ORDINANCE AMENDMENT HOUSING & PROPERTY INSPECTIONS
This is in response to your request for additional information
concerning the subject proposed Salary Ordinance ~ndment which would delete one Building Inspector Plasterer and increase our appropriation of
Building Inspectors from 31 to 32. As of this writing, we are in receipt of two notices of retirement from the New York State Retirement System:
1 lBuilding Inspector Plasterer (Fiorella) - eff. 3/9/91
1 Plumbing Inspector (Giliforte)- eff. 5/1/91
It is my understanding, however, that additional staff members are contertplating retirement although we have not yet heen advised officially. In
regard to your inquiry concerning replacements for Messres. into and Luongo, who have recently retired from Chief Building Inspector and Chief
Plumoing Inspector positions respectively, please ~ advised that we are making every effort to fill the vacancies as expeditiously as possible. In
response to your additional inquiry, at this time, I am aware of no plans to reorganize this department.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No,95
Management and Operations of the Buffalo Police Department Study
I hereby file with Your Honorable Body a study of the management
and operations of the Buffalo Police Department submitted by the International Association of Chiefs of Police (IACP).
Mayor Griffin has stated "his administration is prepared to work, and will work, with the Common Council and the P.B.A. in bringing about the needed
changes recommended by the IACP."
REFERRED TO THE COMMITTEE ON _LEGISLATION
FROM THE COMMISSIONER OF HUMAN RESOURCES
No.96
VACANCIES IN THE CITY DIVISION OF SUBSTANCE ABUSE
In response to the Common Council Resolution regarding vacancies
in the Division of Substance Abuse Services, please be advised of the following:
As of March 18, 1991, appointments have or will have been made for eight positions within the Division of Substance Abuse Services:
Position Appointment Date 1 Director of Substance Abuse March 13, 1991 Services
1 Assistant Director of Substance March 4, 1991
Abuse Services (HIV ControlProgram)
l Stenographer March 11, 1991
l Typist March 18, 1991
4 Counselor III's March 18, 1991
Personnel Requisition numbers have been granted for the majority of the remaining vacancies, of which we anticipate approval by March 16, 1991
All candidates meet the qualifications for each position, as per Civil Service Rules and Regulations.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No.97
Appointment of Director of the Division of Drug Abuse Services
Pursuant to the powers vested in me under Article 14-A of the
Charter of the Cit' of Buffalo, please be advised that I have appointed Mr. Raymond K. McGurn, 48 Narragansett Road, Buffalo, New York 14220, Director
of the Division of Substance Abuse Services, effective March 13, 1991.
Mr. McGurn has been a Building Inspector with the City of Buffalo since September, 1985. Prior to this position, Mr. McGurn was an Crientation
Specialist/Follow-up Coordinator with the Buffalo and Erie County Private Industry Council from April, 1984 to September, 1985, and held various
positions with the Republic Steel Corporation from February, 1973 to November, 1983.
Mr. McGurn holds a Bachelor of Arts Degree in Sociology from Canisius College. He is married and the father of a four year old son.
Based on the above, I hereby certify that Mr. McGurn is fully qualified to serve as Director of the Division of Substance Abuse Services.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No.98
CERTIFICATE OF APPOINTMENT
IN COMPLIANCE WITH PROVISIONS OF SECTION 441 OF THE CHARTER
AND
CHAPTER 35-1 OF THEORDINANCES OF THE CITY OF BUFFALO, I TRANSMIT THIS CERTIFICATION OF APPOINTMENT(S). I FURTHER CERTIFY THAT THE PERSONS NAMED
IN SCHEDULE "A" HAVE BEEN CERTIFIED OR APPROVED BY THE MUNICIPAL CIVIL SERVICE COMMISSION FOR THE APPOINTMENT(S) MADE HEREIN, IN THE
DEPARTMENT OF Human Resources DIVISION OF SUBSTANCE ABUSE SERVICES TO THE POSITION OF Stenographer Permanent
Appointment AT THE: Inter. STARTING SALARY OF: $ 19,005.00 EFFECTIVE: March 11, 1991
Mayda E. DiMaggio 75 College St. Buffalo 14201
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No.99
CERTIFICATE OF APPOINTMENT
IN COMPLIANCE WJTIl PROVISIONS OF SECTION 441 OF IIIE CHARTEII
AND CIIAPTER 35-1 OF TIlE
ORDINANCES OF TIlE CITY OF BUFFALO,
I TRANSMIT THIS CERTIFICATION
OF APPOINTMENT(S). I
FURTHER CERTIFY THAT THE PERSONS NAMED IN SCHEDULE "A" HAVE BEEN CERTIFIED OR APPROVED BY THE MUNICIPAL CIVIL SERVICE COMMISSION FOR THE
APPOINTMENT(S) MADE HEREIN, IN THE DEPARTMENT OF Human ResourcesDIVISION OF Substance Abuse Services TO THE POSITION OF Counselor III Provisional
Appointment AT TIlE: Inter.
STARTING SALARY OF: $ 21,021 EFFECTIVE: 3/18/91
Robert Parrish
[40 Brantford Place Buffalo 14222
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF GENERAL SERVICES
No.100
SALE OF USED VOTING MACHINES FROM BOARD OF ELECTIONS
The Division of Purchase solicited fourty-nine various agencies
and authorities for bids on the sale of used voting machines, and received three (3) responses, per attached bids. Due to the lack of response we
recommend any and all machines be disposed of for a $200.00 per machine, with priority going to all three (3) attached bidders.
REFERRED TO THE COMMITTEE ON FlNANCE
AND THE CORPORATION COUNSEL.
No.101
CERTIFICATE OF APPOINTMENT
IN
COMPLIANCE WITH PROVISIONS OF SECTION 441 OF THE CHARTER
iD
CHAPTER 35-1 OF TIlE ORDINANCES OF THE CITY OF BUFFALO, I TRANSMIT THIS CERTIFICATION OF APPOINTMENT(S). I FURTHER CERTIFY THAT THE PERSONS NAMED
IN SCHEDULE "A" HAVE BEEN CERTIFIED OR APPROVED BY THE MUNICIPAL CIVIL SERVICE COMMISSION FOR THE APPOINTMENT(S) MADE HEREIN, IN THE
DEPARTMENT OF GENERAL SERVICES DIVISION OF INVENTORY & STORES TO THE POSITION OFLABORER II PERMANENT NON-COMPETITIVE AT THE: INTERMEDIATE
STARTING SALARY OF: $ 8.88
MARLENE M. MACEY
400 BENZINGER ST.BUFFALO, 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No.102
FROM THE BUFFALO SEWER AUTHORITY
ABANDON/SELL PRTN COLUNBIA
Item #83, C.C.P. 2/19/91
In response to your inquiry concerning the referenced Item, please
be advised that this portion of property contains a 10-inch diameter vitrified tile dry weather flow (sanitary) sewer.
This sewer begins approximately 267 feet south of the south line of Scott St. and flows northerly on the west side of Columbia St. to a point 130 feet
south of Scott St. The sewer then crosses diagonally to the east side of Columbia St., flowing northerly to a point approximately 20 feet south of Scott
St., there again crossing diagonally to the west side of the street and emptying into a sewer on the south side of Scott St. (B.S.A. profile #6799
enclosed).
If there are no properties remaining in the area adjacent to Columbia St. between Perry St. and Scott St., the Buffalo Sewer Authority would have no
objection to the abandonment of the sewer for the purpose of the resale of the property. If the new owners would like to retain use of the existing
sewer, the Buffalo Sewer Authority would allow the new owner(s) to continue use of the existing sewer and consider it as a lateral sewer to the point
where it enters the sewer on Scott St.
Should you have any further questions, please contact this office.
RECEIVED AND FILED -
FROM THE CITY CLERK
No.103
STAFF- RECOM. PURCH. OF OBSOLETE CABINETS/DESKS/CHAIRS
Item No. 98, C.C.P. 3/5/91 Item No. 100, C.C.P. 5/5/91 As per
the request of the Common Council, I have viewed the items referred to in the above prior council references. While not an expert in appraisal, I offer
the following opinion:
Item # 98, C.C.P., March 5, 1991 - file cabinet 10.00
Item #100, C.C.P., March 5, 1991 - 4 desks, 2 chairs65.00
MR. FAHEY moved:
That the communication from the Common Council Staff dated March S, 1991 be received and filed; and
That the Commissioner of General Services be and hereby is authorized to sell to Thomas L. Franczyk one file cabinet for $10.00 and to Karen McKeague
four desks, at $15.00 each and two wooden chairs totaling $5.00.
PASSED.
AYES-12
NOES-0
No.104
APPOINTMENTS TO CITIZENS FUNDING REVIEW COMMITTEE
Charles Michaux, City Clerk
1308 City Hall
Buffalo, New York 14202
Please be advised that the following individuals were recommended for appointment to the Citizens Funding Review Committee:
Alicia L. Augello
III Bame Avenue Buffalo, New York 14215
John Jakuminiak
230 Gold Street Buffalo, New York 14206
Mr. Fahey moved to approve the above appointments.
ADOPTED
NO.105
LIQUOR LICENSE APPLICATIONS
ATTACHED HERETO ARE COMMUNICATIONS FROM PERSONS APPLYING FOR
LIQUOR
LICENSES FROM THE ERIE COUNTY ALCOHOL BEVERAGE CONTROL BOARD.
1
ADDRESS * BUSINESS NAME * OWNER'S NAME
946 ELMWOOD 946 ELMWOOD
1430 BROADWAY LELA S. LATOUR
2609 BAILEY INFINITY MGMT. GRP. DEBEK LISTO
2065 DELAWARE SOUTHLAND CORP
3488 MAIN SOUTHLAND CORP
RECEIVED ID FILED.
No.106
LEAVES OF ABSENCES WITHOUT PAY
I TRANSMIT HEREWITH COMMUNICATIONS RECEIVED BY ME, REPORTING THE
GRANTING OF LEAVES OF ABSENCES WITHOUT PAY, IN VARIOUS DEPARTMENTS AS LISTED:
PUBLIC WORKS- JOHN AGUGLIA, BURKE GLASER
CORPORATION COUNSEL- COLLEEN STRACHAN
STREET SANITATION-DANIEL GRANVILLE, EUGENE, LOTEMPIO, JOHN BRYANT
HUMAN RESOURCES-ELIZABETH WILK
GENERAL SERVICES-LAWRENCE DOCTOR
RECEIVED AND FILED.
NO.107
REPORTS OF ATTENDANCE
VARIOUS BOARDS ETC.
I TRANSMIT HEREWITH COMMUNICATIONS RECEIVED BY ME FROM VARIOUS
BOARDS, COMMISSIONS, AGENCIES AND AUTHORITIES, REPORTING THE MEMBERSHIP ATTENDANCE AT THEIR RESPECTIVE MEETINGS:
BOARD OF PARKING
BUFFALO SEWER AUTHORITY
CITY PLANNING BOARD
CIVIL SERVICE COMMISSION-5
CONSUMER ELECTRONICS BOARD
EMERGENCY MEDICAL SERVICES BOARD
MUNICIPAL HOUSING AUTHORITY
RECEIVED AND FILED.
No.108
NOTICES OF APPOINTENTS
I TRANSMIT HEREWITH COMMUNICATIONS RECEIVED BY ME, REPORTING
APPOINTMENTS MADE IN VARIOUS DEPARTMENTS. (MINIMUM, FLAT RATE, HOURLY, ETC.)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
MAYORS OFFICE FOR SENIOR CITIZENS
APPOINTMENT IN THE
DEPARTMENT OF Executive
DIVISION OF Mayor's Office foe Senior Citizens TO THE POSITION OF Laborer I Permanent Non-Compet. AT THE:Minimum STARTING SALARY OF: $16,369.
EFFECTIVE:March 12, 1991
KEVIN CZUPRYNSKI
283 WEIMAR ST.BUFFALO
1 NY 14206
OF APPOINTMENT(S). I
PUBLIC WORKS DEPARTMENT
APPOINTMENTIN THE DEPARTMENT OF PUBLIC WORKS, TO THE POSITION OF Stenographer Permanent Appointment AT THE:Minimum STARTING SALARY OF: $
18,000
EFFECTIVE:March 12, 1991
Janine Daniel-Laude'
428 Gold Street Buffalo, NY 14206.
APPOINTMENT IN THE DEPARTMENT OFPublic Works
DIVISION OFWater TO TIlE POS!TION OF Caulker
Povisional
Appointment
AT TilE:Starting STARTING SALARY OF: $ 18,606
EFFECTIVE:March 11, 1991
John F. cavanaugh
96 St. Joseph Avenue Buffalo, New York' 14211
DEPARTMENT OF Parks
APPOINTMENT IN THE DEPARTMENT OF PARKS DIVISION OF Recreation
TO THE POSITION OF Laborer Seasonal Noncompetitive
AT THE: Minimum STARTING SALARY OF: $6.65
EFFECTIVE:March 4,1991
David Novak
91 Okell Street Buffalo 14220
DEPARTMENT OFHUMAN RESOURCES
APPOINTMENT IN THE DEPARTMENT OF HUMAN RESOURCES, DIVISION OFYOUTH
TO THE POSITION OF ATTENDANT TEMPORARY APPOINTMENT AT THE:FLAT STARTING SALARY OF: $ 4. OO/hr.
EFFECTIVE:MARCH 6, 1991
MARY JANE SAVAGE
207 W. FERRYBUFFALO 14213.
APPOINTMENT IN THE DEPARTMENT OF HUMAN RESOURCES DIVISION OF YOUTH TO THE POSITION OF ATTENDANT TEMPORARY APPOINTMENT AT THE:
FLAT STARTING SALARY O
F: $ 4. 0O/hr.EFFECTIVE: March 7, 1991
JENNIFER KAM
39 BELVEDERE RD BUFFALO 14220
APPOINTMENT IN THE DEPARTMENT OF HUMAN RESOURCES
DIVISION OFYOUTH TO THE POSITION OF ATTENDANT TEMPORARY APPOINTMENT AT THE:FLAT STARTING SALARY
OF: $ 4. OOfhr.
EFFECTIVE:MARCH 8, 1991
LEWIS D. HAWKINS
20 GRAPE BUFFALO14204
APPOINTMENT IN THE DEPARTMENT OF HUMAN RESOURCES DIVISION OF YOUTH TO THE POSITION OF ATTENDANT TEMPORARY APPOINTMENT AT THE:
FLAT STARTING SALARY OF: $ 400/hr.
EFFECTIVE:March 11, 1991
!RENAY C. SHAFFER
'02 E. DelavanJuffalo
1 NY 14215
APPOINTMENT IN THE DEPARTMENT OF HUMAN RESOURCES DIVISION OF YOUTH TO THE POSITION OF ATTENDANT TEMPORARY APPOINTMENT AT THE: FLAT
STARTING SALARY OF: $ $4.00/Hr.
EFFECTIVE:MARCH 13, 1991
William Biscotto
265 Hoyt St. Buffalo, NY 14213
Joseph MaraschelIo
246 Rhode Island St. Buffalo, NY 14213
APPOINTMENT IN THE DEPARTMENT OF-HUMAN RESOURCES DIVISION FOR YOUTH TO THE POSITION OF YOUTH WORKER TEMPORARY
APPOINTMENT
AT
THE: FLAT
STARTING SALARY OF: $ 4.20 HOUR
EFFECTIVE: MARCH 4, 1991
NICHOLAS N. MARTONE
753 PARKSIDE AVE BUFFALO 14216
APPOINTMENT IN THE DEPARTMENT OF HUMAN RESOURCES DIVISION OF DIVISION FOR YOUTH TO THE POSITION OF YOUTH WORKER TEMPORARYAPPOINTMENT AT
THE: FLAT STARTING SALARY OF: $ 4.20 HOUR EFFECTIVE: MARCH 14, 1991
ROSA G. DE SOTO
53 2, HAWLEY STREET BUFFALO14213
APPOINTMENT IN THE DEPARTMENT OF HUMAN RESOURCES DIVISION OF YOUTH TO THE POSITION OF LIFEGUARD TEMPORARY APPOINTMENT AT THE:FLAT
STARTING SALARY OF: $ 4. 33/hr.
EFFECTIVE:MARCH 8, 1991
LAWRENCE ROHR
1068 ELMWOOD AVENUE BUFFALO14222
APPOINTMENT IN THE DEPARTMENT OF HUMAN RESOURCES DIVISION OF YOUTH TO THE POSITION OF SUPERVISOR TEMPORARY APPOINTMENT
AT THE:FLAT
STARTING SALARY OF: $ 5. OOlhr.
EFFECTIVE:MARCH 6, 1991
KEVIN M. KELLEY
171 HARDING ROAD BUFFALO 14220
APPOINTMENT IN THE DEPARTMENT OF Human Resources
DIVISION OF Substance Abuse ServicesTO TIlE POSITION OF Typist
Permanent' Appointment AT THE:Minimum STARTING SALARY OF: $ 17,630
EFFECTIVE:March 18, 1991
Christine Carr
266 Sanders Rd. Apt. l Buffalo 14216
APPOINTMENT IN THE DEPARTMENT OFHuman Resources
DIVISION OF Substance Abuse Services TO THE POSITION OF Counselor III Permanent Appointment AT THE:Minimum STARTING SALARY OF: $20,329
EFFECTIVE:March 18, 1991
Reginald Harris
220 Ontario St. Buffalo 14207
APPOINTMENT IN THE DEPARTMENT OF Human Resources
DIVISION OF Substance Abuse Services TO THE POSITION OF Counselor III Provisional Appointment AT THE:Minimum STARTING SALARY OF: $ 20,329
EFFECTIVE:March 18, 1991
Willie Johnson
202 East Amherst St.Buffalo 14214
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No.109
JOHNNY E. ANDERSON
Request City return auctioned property located at 45 Edna Place due to improper notification.
I am writing this request in reference to an issue of great personal
importance to me. I am co-owner of 45 Edna Place, a piece of property located on the east side of Buffalo in area code 14209(Masten District). This piece
of property I recently discovered was confiscated by the City of Buffalo by default for non-payment of city taxes and sewage. I realize that I have been
negligent in the payment of said taxes, due to financial hardships which I have been forced to endure. My financial situation is somewhat better now and I
do not wish to lose my property especially in the manner which it has been taken from me, without due process. In other words I nor my co-owner(my
mom who resides in the State of Mississippi) have not been properly notified.
The first notification I received was when two gentlemen identifying themselves as representatives of the Corporation Council visited my residence to
attach a notice of eviction on my property. This supposedly happened after the city auction was held and the property struck down to the city.
Mr. Collins, I genuinely would like to retain my property, and would appreciate any assistance you can in helping me to do same. Please to inform the
Council that I am prepared to honor my commitment in order to keep my property.
I urgently await your reply, and the decision of the Council.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION COUNSEL.
No.110
BEDC
Establish Neighborhood Commercial Land Bank
The Mayor and City Comptroller have agreed on a ~ioint proposal
to establish a Neighborhood Commercial Land Bank on eight of the City's major commercial arterials. Approximately 30 acres of vacant lots, which are
commercially zoned and acquired by the City through tax foreclosures, would be sold by the Comptroller to The Buffalo Enterprise Development
Corporation (BEDC). BEDC would combine its lending program with marketing efforts to redevelop and attract businesses to these parcels.
Attached is a more detailed description of the proposed management and operation of this new neighborhood commercial development initiative. A
detailed list of parcels is being updated by the Real Estate Division and will be submitted by the Comptroller's Office.
REFERRED TO THE COMMITTEE ON ECONOtIlC DEVELOPMENT
No.111
DELAWARE PARK STEERING COMMITTEE
FAVORS CONTROLLED DOGS IN PARKS
In response to the recent attack of a puppy by an unrestrained
rottweiler in a City park, the Delaware Park Steering Committee passed the following motion at the meeting held February 22, 1991:
The Delaware Park Steering Committee is in support of responsible dog owners in the park who have their dogs properly restrained at all times but
requests enforcement of the existing City of Buffalo leash law.
There are problems associated with dogs in the park such as clean up and control. However, it was brought to our attention that many people, especially
women, will not enter the park without their dogs for safety reasons. Any restrictions will require enforcement. We feel there will be an enforcement
problem whether dogs are excluded from the park or allowed only when properly leashed and cleaned up after.
RECEIVED AND FILED
No.112
10 Ellicott Square Court Corporation
Ellicott Square Building
Atrium Flower Shop Awning
With reference to our appeal of the decision of the Buffalo Preservation
Board concerning the awning to be erected over the entry of the Atrium Flower Shop, we are in receipt of your letter of February 27, 1991.
We have not had any requests from any other tenants for the installation of an awning on the exterior of their premises at the Ellicott Square.
In the future, we will address any requests on an individual basis. We feel that the erection of awnings on the exterior in a presentable and safe manner
is an aesthetically nice addition to the building.
We do not feel that all of the awnings must be uniform in structure or color, however, we would attempt in the futur~: to bring some uniformity to the
design features.
The chief issue here appears to be the design factor. Given the wind conditions on Main Street, we have insisted in the past and we insisted in this case
that the tenant purchase a structurally sound unit that will not pre<ent any liability situation. That is what has been done.
The suggestions by some of the Preservation Board Members for a much simpler awning structure similar to that on the original building were
unacceptable for safety reasons. It is obvious that the original awnings on the building did not survive the wind conditions on Main Street and that is
why they are not around anymore.
We appreciate your consideration in this matter and would be happy to address the matter before your Committee or the Council at any convenient
time.
Thank you for your attention to the above.
REFERRED TO THE COMMlTTEE ON LEGISLATION
No.113
Oppose Private
Ownership Bennett Beach
For years our family has enjoyed the beauty, cleanliness, safety,
and affordability of Bennett Beach in Evans, New York. I am biting to urge you to vote against private cwnership of this precious public holding. Bennett
Beach should be available, accessible, and affordable to all the citizens of Erie county.
We no longer live in the City of Buffalo-we did for ten years, unti l we recently moved to East Amherst. in that time we saw Mayor Griffin allow many
public parks and neighborhood' to become crime-ridden, de-budgetted, and thereby made unsafe and unusable. This was who we moved out of the city.
last summer, Mayor Griffin closed the only nice beach in the area. Please don't allow Mayor Griffin to remove from the public the last decent beach in
Erie County.
Our family has been to all the local beaches which are open to the public and Bennett Beach truly surpasses every other beach. To sell this beach for
private use would make it too costly for any families to use and make for an uncertain future for its usage.
We would like to know that Bennett Beach will be there for us this coming season and for every other summer to come.
REFERRED TO THE COMMITTEE ON FINANCE
No.114
WILLIAM T. GACIOCH
OPPOSE LANDMARK DESIGNATION- 2421 MAIN
Thank you for your concern regarding the possible vote to declare
the property at 2421 Main Street an historical site.
Please be advised that as owner of the property, I am totally against this designation at this time. This property is owned by me as an investment
property and is rented to Braun Cadillac - Buick, Inc. The building is kept in the finest of condition and will continue to be maintained accordingly.
I clearly oppose the designation at this time, and would hope that no council or governmental board would go against the wishes of a private owner,
particularly when there is no danger or jeopardy to the building's fine preservation.
Because of the above concerns I ask you to oppose the designation of 2421 Main Street as an historical site.
REFERREDTOTHECOMMITTEEON LEGISLATION
No.115
KLEINHANS MUSIC HALL MANAGEMENT. INC.
The Kleinhans MusicHall Management, Inc. Audit, for the period
July 1, 1989 to June 30, 1990, conducted by the City of Buffalo Audit Department, revealed the following:
Total Income $422,157.68
City Grant $6 2,OOO.OO
Grant Ratio 15%
Net Income $7,5O9.41
Surplus due to City $1,126.41
Paragraph 5 of the Grant-In-Aid Contract executed between Kleinhans Music Hall Management, Inc. and the City of Buffalo for the period July 1,1989 to
June 30, 1990 states:
"5. The Organization agrees to refund to the City any unused amount of monies paid to it hereunder; that is, any amount of said monies unencumbered by
any current operating expenses,it being understood that in the event the unencumbered revenue of the Organization exceeds its expenses for the
Organization's fiscal year, the Organization shall refund to the Ctty within ninty (90) days of the Organization's audit report that part of the surplus
which bears the same ratio to the total surplus as the amount actually paid to the Organization by the City bears to the total revenue of the
Organization.
Upon a showing that such a refund would cause extreme hardship to the Organization due to unforseen or unanticipated circumstances, the Common
Council may authorize the Organization to retain any funds which it would otherwise be required to refund to the City under this paragraph 5 if the
Council determines that such retention is in the public interest and consistent with the purpose and intent of the original funds granted."
Therefore, due to the non-payment of rent by the Buffalo Philharmonic Orchestra to Kleinhans Music HaLL, the Management is requesting the Common
Council's authorization for the retention of the aforementioned surplus due to the City of Buffalo.
These funds are extremely vital for current operating expenses.
MR.FAHEYmoved:
That the communication from Kleinhans Music Hall Management, Inc. dated March 7, 1991 be received and filed; and
That Kleinhans Music Hall Management, Inc. be, and it hereby is, authorized to retain the $1,126.41 surplus for the period July 1, 1989 to June 30, 1990,
pursuant to the authorityof paragraph 5 of the Grant-in-Aid Contract between the City and Kleinhans Music Hall Management, Inc., because of the
hardship created by the non-payment of rent by the Buffalo Philharmonic Orchestra.
PASSED
AYES-12
NOES-0
No.116
PILOT AIR FREIGHT
NOTICE OF DEFAULT BY CITY
We represent Pilot Air Freight Corporation on the above-referenced
agreement.
Enclosed herewith please find Notice of Default by the City of Buffalo, pursuant to the above-referenced agreement.
REFERRED TO THECOMMITTEE ON FINANCE
AYES-BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-9
NOES-ARTHUR, BELL, PITTS-3
No.117
BUFFALO PROFESSIONAL FIREFIGHTERS ASSOCIATION, INC.
L.L. Intro # 4 - Dep. Comm. Fire
(Item #194 C.C. P. March 5, 1991)
I am in receipt of a correspondence from Sandra McGowan, Legislation
assistant, dated March 6, 1991, wherein she has advised me that the above referenced item was referred to the Civil Service Committee for a report.
Consistent with the instructions given by Ms. McGowan, I am filing this response and/or recommendation for Council consideration.
As drafted, Local 282 cannot support the proposed local law amending Section 252 of Article 13 of the Charter of the City of Buffalo. As the Council is
aware, Local 282 successfully sued the City of Buffalo to compel the City to comply with said Section 252 as it currently reads. The City, as it always
does, appealed but that appeal was unsuccessful. Currently, the City or at least Commissioner Shanks is subject to a comtempt proceeding since the City
has failed to comply with the court order directing the appointment of two additional Deputy Commissioners of Fire. Much thought and consideration
went into the decision to initially commence litigation. It was Local 282's opinion then as it is now that four Deputy Commissioners of Fire are necessary
inorder to properly administer the Fire Department.
It is Local 282's belief that there ought be clear promotional lines ultimately resulting in the appointment of a Fire Commissioner based on established
merit rather than strict political allegiance. Excepting unusual circumstances, a Fire Commissioner ought to come through the ranks and have served as
a Deputy Fire Commissioner for sufficient period of time to establish ability and qualifications. The proposed Local Law to amend Section 252 will not
result in the appointment of qualified individuals to clearly delineated Deputy Commissioner of Fire positions7 but the appointment of individuals for
political reasons. Since the appointments of Deputy CommissionerS of Fire are not subject to Council approval, the proposed amendment to require at
least two and not more than four Deputy CommissionerS gives license to the administrative branch to further politicize the department. Instead of a
set number of Deputy Commissioner of Fire positions which necessarily results in clear and defined duties, the proposed amendment which legitimizes a
varying number of Deputy CommissionerS, at different points in time, can result in appointments based on political expediency as well as removal based
solely on political considerations. If there is to be effective administration within the Fire Department and continuity in that administration then there
must be a set number of Deputy CommissionerS of Fire. While Local 282 has sought to compel compliance with the current Charter provision7 the
membership recognizes that the preservation of division chief and battalion chief positions is7 in the long run, more important than the appointment of
two additional Deputy CommissionerS of Fire. It is the division chiefs and battalion chiefs who are directly responsible for the day-today operations
within the Fire Department. The success of the department in carrying out its missions and goals is direct1' dependent upon performance of duties by the
division chiefs and battalion chiefs, at least this is what has been asserted by the City in a pending PERB proceeding. Given this recognition but recent
contrary action by the Fire Commissioner in abolishing a previously exsisting battalion, Local 282 is prepared to support a Charter amendment reducing
the number of Deputy Fire CommisSionerS to two provided the Council passes local law amending the Charter so as to freeze the number of division
chiefs at four and to require at least 23 battalion chiefs.
If any Council member has any questions concerning my recommendation, please advise me of the same.
REFERRED TO TUE COMMITTEE ON CIVIL SERVICE
No.118
KENNETH SHERMAN
REQUEST HEARING ON AWARDING PUBLIC ACCESS CONTRACT
On February 5th, I expressed to the City council serioue concerns
about the Policy Board1 s recommendation to designate BCT the operator for public access. Prior to the council action, I met with Councilman Fahey to
discuss some of them. Councilman Fahey expressed lie was open to the Council conducting a hearing on the concerns I raised, if other Councilman would
request one. I feel the issues at hand are appropriate for your committee to review, and as such I c asking for a hearing to review the following
concerns:
l. The Policy Board's recommendation' on January 10th that designated BCT as the access operator was made at a meeting that was conducted
in violation of the open meetings law.
2. 'The Policy Board approved Buffalo Community 'Television, BCT', as an operator with knowledge that the Palph Nader ownec channel 58,, has a
broadcasting license, and also shares th name, Buffalo Community's 'Television, -.
3. The Policy Board, an advisory entity appointed by thc City Council, has not kept a set of minutes of its meetinc activities since it
recommended the dismissal of sunshig Communication a year ago. No accurate record of any of its decisions exists with the approval of its governing
body even' of its January 10th meeting which recornnde' approval of the BC"" application.
4. The Policy Board approved a PFP to the City with sever (7) conditions based on "guidelines which are consistent will those in 85% of the cities
our (Buffalo's) siie or larger.' No record of such a survey exists, nor est likely occurred.
5. The Policy Board's review of the BCT' proposal did nol express any reservation that a 3,000 sg. ft. fully renovated access center with new
electric and lightinG system, handicapped accessible entry and bathrooms, anc heating (?cooling) modifications could be done at $5 a sq. ft., or $16,000.
The low end cost of such renovations is at least $35 - $70 a sq. ft. meaning the proposed renovation cost are understated by minimally $90,000.
6. The Policy Board attacked BCTV's first year budget as being too costly (because it was over the $80,000 'TCI commitment). We indicated
that some small percentage of the franchise would be needed in the first year of full operation. Yet the first two full year of BCT operations after start
up is dependent on an additional $80,000 TCI contribution under dispute which the City would have to sued 'TCI to receive. Our proposal contained a
request with regard to actions the Council can take, and not leaving operating costs dependent on actions on what the Courts might decide.
7. 'The Policy Board's chairman, and other members opposition to an access center being a part of the restoration activities at the King Orban
tife Center project, blinded them to true coalition and city wide ef fort forged by the BCTV proposal. Wise council would have bad the Policy Board ask
the competing coalitions to match their respective strengths to a common proposal which is what BCTV intent was from the beginning. The leadership of
BCT were invited personally and by mail to two BCTV incorporating meetings to help forge one community proposal, not two.
8. Finally, Hallwalls staff, Brian Springer's full participation as a member of the Policy Board member, and organizer of the BCT application is a
conflict of interest. Mr. Springer sought a Corporation Council ruling on conflict of issue charges only to save face after I raised conflict concerns. In
his statement asking for a ruling he has offered his expertise 'to all parties intent on forming "broad based independent entities." He never offered in
'writing his expertise Bs a consultant to the ~ application, nor did he, or other Hallwalls staff respond to the ~ invitation's to help in the organization of
an independent entity in late November and early Pecemher when invited. His real intent on seeking a Policy Board appointment from a Councilman in
whose district he does not live last June was to subvert the coalition building effort of Citizens Alliance.
An injustice will be done if the City Council does not give us the opportunity to present our case at a hearing and approves a BCT' contract. Resolution
would then have to sought in the courts.
REFERRED TO THE SPECIAL COMMITTEE ON CATV
No.119
Earl Smith
Prohibit Flashing Traffic Light- Suffolk/Easton
I am writing this letter, concerning the hazard and extremely
dangerous condition which exist on the corner of Suffolk and Easton Avenue.
This dangerous condition is caused by the change of the traffic signal on the corner of Suffolk and Easton, to a flashing yellow and red light at 11:30 p.m.
Suffolk, which is one of the busiest streets in the University District, should not be changed at 11:30 pm., but rather remain as a normal traffic light
because of the number of cars and pedestrians using this intersection. This corner has been the scene of numerous accidents and recently a young child
was hit by a car at this intersection.
My request is that the light should remain a regular light, or stop signs should be placed on both corners, which would require traffic at all directions to
come to a complete stop. I would like to also add that just recently, my family and I were victims of a very bad accident at this intersection. My
automobile was totalled. All of the passengers in my car sustained serious injuries. We are blessed to have survived this accident. I am writing to you
so that this extremely dangerous situation at this intersection, can be corrected, so that on one else would have to go through what my family has gone
through, or worse yet, someone killed at this corner.
Your immediate attention of this would be greatly appreciated by everyone from this community.
REFERRED TO THE COMMlTTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF POLICE.
No.120
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
VOLUNTARY COMPLIANCE AGREEMENT
On behalf of Secretary Kemp thank you for your letter of February
8, 1991 and enclosure. In your letter you express your concern about the plan for Voluntary Compliance that the Buffalo Municipal Housing Authority
(BMHA) has agreed to undertake to meet the requirements of the Department's Regulations implementing Title VI of the Civil Rights Act of 1964.
I want to assure you the Department is very sensitive to the desire of current tenants to have the choice to remain in their current developments and
neighborhoods when a transfer is required to provide them with a unit of proper size.
Tenant concerns arise, in part, from a misunderstanding of the present Voluntary Compliance Agreement between the Department and the BMHA. That
agreement guaranteed overhoused families the right to remain in their current units, except where their unit is the only unit available to properly house
a new family or a family living in overcrowded conditions.
However, based upon the concerns raised, the Department is reexamining the agreement. We want to assure that it requires onlv those steps
necessary to address our civil rights responsibilities, that we have minimized transfers that would be required, and that we have allowed the maximum
choice possible for tenants who are required to transfer.
I hope this information provided is helpful.
RECEIVED AND FILED
No.121
VENDING MACHINE OPERATORS
OPPOSE BAN ON VENDING TOBACCO PRODUCTS
On behalf of cigarette vending machine operators doing business
in the City of Buffalo, please be advised that they oppose the enactment of a city ordinance that would totally prohibit tobacco vending machines in the
City of Buffalo.
They do so for several reasons set forth below and those contained in the attached memorandum.
The Whereas Clauses of Item 142, submitted by the Honorable Council Member of the hasten District, have as their objective the curtailment of smoking
by minors. We agree with that objective but respectfully submit that a proposed ordinance of this nature would not achieve that noble result.
As you know, New York State law does not prohibit a minor from smoking. It prohibits the Sale of cigarettes to a person under the age of 18.
Like yourselves, these vending machine distributors are law-abiding hard working family people who support and uphold the laws of our community and
state. They have posted on their machines the enclosed sign to discourage the sale of tobacco to a minor. Additionally, they police themselves and do not
place machines in locations frequented by minors. They have also removed or relocated machines, where necessary, to assure adequate supervision as
required by a local law of Erie County.
These individuals I represent are small family owned businesses that provide economic security for their family and those whom they employ. They are
not part of any large super food chain or oil company. The total prohibition of cigarette vending machines in the City of Buffalo would greatly reduce
their liveable profit margin, would force either a large scale reduction of their small work force and/or force them out of business.
Moreover, a location operator like a restaurant or tavern owner would suffer a further reduction in revenues in what is already a most marginal retail
service business.
We further respectfully submit that the attached statement clearly demonstrates that cigarette vending machines:
are not the cause of teenage smoking,
are not a meaningful source fro: which minors obtain their cigarettes.
To go to the far extreme of completely and absolutely barring all cigarette vending machines is not the fair, balanced, equitable solution. Surely, people
who work for a living should have the option of having cigarette vending machines at their offices or in their plants and factories. And where an adult
relaxes, socialises, drinks or eats is another proper place for such a machine.
We ask for the opportunity to work with your honorable body to draw a city ordinance that substanially eliminates or greatly reduces the opportunity
for minors to purchase cigarettes from a vending machine while continuing the public policy that allows adults to have access to their legal right to
purchase cigarettes.
REFERREDTOTHECOMMITTEEON LEGISLATION
No.122
WESTERN REGIONAL
OFF-TRACK BETTING CORPORATION
Change in Corporations Rules and Regulations.
Pursuant to Section 503 of the Racing, PariMutuel wagering and
Breeding Law, a regional off-track betting corporation is empowered to make rules and regulations concerning its business.
Accordingly, the Western Regional Off-Track Betting corporation's Board of Directors at a regular meeting conducted on February 28, 1991 adopted by
resolution certain revised rules and regulations.
Pursuant to Section 503 11(c) these rules and regulations have the force and effect of law if filed with the county clerk of each county in which such
corporation operates.
Therefore, enclosed is a copy of these rules and regulations so adopted, together with a copy of the resolution of the board.
Please accept these rules for filing and return the enclosed copy of this letter, appropriately stamped, indicating your receipt and filing of same. We
enclose a stamped, return addressed envelope for this purpose.
REFERREDTO THE COMIMITTEE ON FINANCE
PETITIONS
No.123
OLD FIRST HARD GROUP, INC., OHNER, PETITION TO USE 408-440 SOUTH PARK AVENUE FOR A POLE SIGN.
REFERRED TO THE COlITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COlISSIONER OF CONUUNITY DEVELOPMENT.
No.124
ELMNOOD COMMERCIAL CENTER, OilER, PETITION TO USE 2050 ELMN00D AVENUE FOR A POLE SIGN FOR EXISTING MOVIE THEATER.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.125
NIAGARA MOHAWK POVER CORP., OilER, PETITION TO USE 29-49 EAST OAKN00D FOR A RESTRICTED PARKING AREA INCLUDING ACCESS FROM 76 DEWEY AVENUE.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No.126
JEFF RUDNICK AND OTHERS OPPOSE CURFEff LAW.
REFERRED TO THE COMMITTEE ON LEGISLATION
AYES- BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, RUTECKI-11
NOES- ARTHUR-1.
No.127
PUBLIC WORKS/HEAVY EQUIPMENT OPERATOR-WATER
THAT COMMUNICATION NO 51 CCP MAR 5. 1991 BE RECEIVED AND
FILED
AND THE PERMANENT APPOINTMENT OF JAMES W. COMERFORD STATED
ABOVE
AT THE MAXIMUM SALARY $23,368.00 EFFECTIVE ON FEB 25, 1991 IS HEREBY APPROVED.
PASSED
AYES-12
NOES-0
No.128
PUBLIC WORKS/SENIOR ARCHITECT
THAT COMMUNICATION NO 52 CCP MAR 5. 1991 BE RECEIVED AND
FILED
AND THE PERMANENT APPOINTMENT OF PAUL J. MCDONNEL STATED
ABOVE
AT THE INTERMEDIATE SALARY $32.259.00 EFFECTIVE ON FEB 19 1991 IS HEREBY APPROVED.
PASSED
AYES-12
NOES-0
No.129
NOTICES OF APPOINTMENTS (C.CLERK)
(Item # 89 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
F I N A N C E
H O N. D A V I D A. C O L L I N S
C H A I R M A N
No.130
PILOT FIELD NAMING RIGHTS AGREEMENT DEFAULTED
(Item No. 191, C.C.P., February 5, 1991)
That since Pilot Air Freight Corporation has defaulted in its
contractual obligations to the City of Buffalo and has been served a Notice of Default by Corporation Counsel, the City should exercise its right to
terminate the Pilot Field Naming Rights Agreement if Pilot Air Freight Corporation fails to rectify the default within the thirty-day period stipulated in
the Notice of Default, and;
That if the City does exercise its right to terminate the Pilot Field Naming Rights Agreement, the Commissioner of the Department of Public Works be
directed to immediately remove all Pilot Field signage and prepare a bid package seeking a new corporate sponsor for the naming rights to Buffalo's
baseball stadium.
MR. COLLINS NOW MOVED THAT THE ABOVE ITEM BE RECOMMITTED TO THE COMMITTEE ON FINANCE.
ADOPTED.
AYES-BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-9
NOES-ARTHUR, BELL, PITTS-3
No.131
DEFAULT//NAMING RIGHTS AGREEMENT AT PILOT FIELD
(Item # 115 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.132
DDI/NOTICE OF DEFAULT ON STADIUM NAMING RIGHTS
(Item # 116 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.133
PILOT NAMING RIGHTS PAYMENTS
(Item # 198 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
MR. COLLINS NOW MOVED TO RECOMMIT THE ABOVE ITEM TO THE COMMITTEE ON FINANCE.
ADOPTED
AYES- BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-9
NOES-ARTHUR, BELL, PITTS-3
No.134
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - REGULAR DEPARTMENTS
DEPARTMENT OF POLICE
(Item No. 155, C.C.P., February 19, 1991)
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 $140,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments -Regular Departments and said sum is hereby reappropriated as set forth below:
FROM
100 General Fund
20-0 - Department of Police
012 - Precinct & Patrol Services
Personal Services
110 - Salaries - Regular
$140,000
TO
100 General Fund
20-0 - Department of Police
024 - Central Services
Purchase of Services
571 - Medical Services
$l40,0000
PASSED
AYES-12
NOES-0
No.135
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - GENERAL FUND
DIVISION OF PARKING ENFORCEMENT
(Item No. 173, C.C.P., March 5, 1991)
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 $35,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments -Miscellaneous Charges and Regular Departments and said sum is hereby reappropriated as set forth below:
FROM
100 General Fund
81-2 - Miscellaneous Charges$20,000
06-4 - Division of Parking Enforcement
022 - Parking Violations Bureau
Personal Services
110 - Salaries - Regular 15,000 Total$35,000
TO
100 General Fund
06-4 - Division of Parking Enforcement
031 - Towing & Storage Operations
Purchase of Services
583 - Unclassified~5,000
PASSED
AYES-12
NOES-0
No.136
CERTIFICATE OF NECESSITY/PARKING ENFORCEMENT (COMPT)
(Item # 16 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.137
CAPITAL BUDGET AMENDMENT
ADDITION TO CAPITAL PROGRAM 1990-91
(Item No. 177, C.C.P., 3/5/91)
That, pursuant to Section 359 of the Charter and the Certificat
eof the Mayor and the Comptroller, submitted to the Common Council, the Capital Program for the fiscal year 1990-91 be and the same hereby is amended
by inserting the following item under the heading:
Department of Public Works
40-2 Division of Buildings
Construction of University Heights
Community Center$1,100,000
That the total estimated cost for this
Capital Improvement is$3,~0,000
PASSED
AYES-12
NOES-0
No.138
CERTIFICATE OF NECESSITY/CAPITAL BUDGET AMENDMENT(COMPT)
(Item # 20 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.139
EXTENSiON OF LEASE
JOHN F. KENNEDY COMMUNITY CENTER
(Item No. 53, C.C.P., 3/5/91)
That the Commissioner of Parks be and he hereby is authorized
to extend the lease with the Community School Improvement Center for use of space at the John F. Kennedy Community Center from March 3l, 1991 to
June 30,1991 under the same terms and conditions as the existing lease.
PASSED
No.140
PROPOSED LEASE AGREEMENT FOR PART OF PARCEL NO. 36 WATERFRONT
REDEVELOPMENT PROJECT N.Y.R. - 35 AREA A (ITEM NO. 80, C.C.P., March 5, 1991)
That the above item be, and it hereby is, returned to the Common
Council without recommendation.
_MR. COLLINS MOVED,
That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to lease the land described in the proposed "Lease
Agreement", pursuant to the terms of said lease agreement and for the consideration recited therein.
PASSED
AYES-ARTHUR, BAKOS, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, RUTECKI-10
NOES- BELL, FAHEY-2
No.141
PERMISSION TO NEGOTIATE/446 GENESEE (COMPT)
(Item # 18 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.142
RESULT OF NEGOTIATIONS 107 WATSON STREET
VACANT LOT 29' X 107'
ASSESSED VALUATION $800
(ITEM NO. 25, C.C.P., FEBRUARY 5, 1991)
That the communication from the Comptroller, dated January 29,
1991, be received and filed; and
That the offer of William B. Miller of 242 Emslie Avenue, Buffalo, New York, in the sum of Thirteen Hundred Dollars ($1,300.00) to purchase the property
commonly described as 107 Watson Street, Vacant Lot - 29' x 107', be, and hereby is accepted; and
That the appraisal report requested by the City will be paid by the purchaser; and
That the Mayor be, and he hereby is, authorized to execute a deed, and the Comptroller be authorized to deliver the same in accordance with the terms
of sale upon w ch the bid was submitted.
PASSED
AYES-12
NOES-0
No.143
RESCIND SALE OF 334 PRATT STREET
PURCHASER: GUS E. PRATCHETT
(Item No. 61, C.C.P., March 5, 1991)
That the action of the Common Council under Item No. 23, C.C.P.,
September 6, 1988 in authorizing the sale of 334 Pratt Street to Gus Pratchett be and the same hereby is rescinded, the deposit is forfeited and the
premi es returned to the Comptroller for future sale or transfer.
PASSED
AYES-12
NOES-0
No.144
ABANDONNENT AND SALE OF FORMER ENGINE NO. 4
138 SPRUCE STREET - CARTON-CRAFT CORPORATION (Item No. 20, 02/05/91)
That the former Engine Co. No. 4 at 138 Spruce Street be, and
it hereby is, abandoned for public use, and that Carton-Craft Corporation be, and it hereby is, authorized to obtain the appointment of appraisers by a
Justice of the Supreme Court, pursuant to Sec. 514 of the Charter, and that the comptroller be, and he hereby is, authorized to negotiate a sale of the
property in anccordance with said appraisals, and report back to this Council with the result of said negotiations.
?ASSED.
AYES-12
NOES-0
No.145
ACQUISITION TO THE REAL PROPERTY AND LEASEHOLD
IMPROVEMENTS OF THE PROPERTY COMMONLY
KNOWN AS 1495 FILLMORE AVENUE
(Item No. 84, C.C.P., February 5, 1991)
That the Comptroller be, and he hereby is, authorized to obtain
appraisals and enter into negotiations with Daniel Mele for the private sale of the city-owned property at 1495 Fillmore Avenue (Old G.E. Building), and to
report back to this Council with the results of those negotiations.
ADOPTED
No.146
D. MELE/REQUEST TO PURCHASE 1495 FILLMORE
(Item # 54 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.147
D.MELE/PURCHASE OF 1495 FILLMORE (CD)
(Item # 59 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.148
D.MELE/PURCHASE OF 1495 FILLMORE (COMPT)
(Item # 30 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.149.
1420 MAIN/INTERESTED PARTIES FOR PURCHASE
(Item # 83 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.150
PERMISSION TO PREPARE PLANS & SPECIFICATIONS
AND ADVERTISE FOR BIDS FOR RESURFACING OF
VARIOUS STREETS IN THE CITY OF BUFFALO 1991-1992
(Item No. 38, C.C.P., March 5, 1991)
That the above item be, and the same hereby is, returned to the
Common Council without recommendat n.
MR. COLLINS moved:
That the communciation from the Commissioner of Public Works dated February 25, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to prepare plans and specifications and advertise for bids for the resurfacing of
various streets in the City of Buffalo.
ADOPTED
No.151
1190 E. LOVEJOY AVENUE REFUND OF INSPECTION FEE (Item No. 66, 02/19/91)
That the Corporation Counsel be, and he hereby is, authorized
the inspection fee of $45.00 paid by Theilman & Theilman for 1190 E. Lovejoy Avenue, with said refund to be charged to current year claims.
PASSED
AYES-12
NOES-0
No.152
REFUND INSPECTION FEE/1190 E. LOVEJOY
(Item # 64 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.153
REPORT OF AUDIT /DIVISION OF TREASURY(COMPT)
(Item # 25 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.154
REPLY TO AUDIT/PILOT AGREEMENTS (CC)
(Item # 67 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
LEGISLATION
H O N. A L F R E D T. CO P P O L A
C H A I R M A N
No.155
BISON WHOLESALE INC., OWI~R, PETITION TO USE 654 ELK STREET TO ERECT BILLBOARD AT REAR (Item No. 109, C.C.P. 03/05/91)
That the petition of Bison WHolesale, Inc., owner, to use 654 Elk Street to erect a billboard at the rear of the property be,and it hereby is, approved.
PASSED
AYES-12
NOES-0
No.156
CITY PLANNING BOARD, PETITION TO REZONE 376,384,392,AND 394 SPRING STREET FROM R-3 TO M-2 TO USE VACANT PROPERTY FOR PARKING AND POSSIBLE
BUSINESS EXPANSION
ITEM No. 94, C.C.P., 2/19/91
That the Common Council of the City of Buffalo does hereby ordain
as follows:
That that part of the zoning Ordinance of the City 0 Buffalo, Chapter LXX of, as it relates to the map thereof, be amended to show a "M-2" District for
the premises known as 376, 384, 388, 392 and 394 Spring Street, more particularly described on the attached Schedule "A"; and
That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the office of the Erie County Clerk and
proof of such filing has been filed with the City Clerk; and
That this Council finds this action to be an unlisted action under the SEQR Act and adopts petitioner's findings of negative impact upon said Act.
IT IS HEREBY CERTIFIED, that pursuant to Section 34 of the Charter that the immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
SAMUEL F. HOUSTON
Corporation Counsel
PASSED
AYES-12
NOES-0
No.157
REZONING OF 376 SPRING (CD)
(Item # 71 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.158
PETITION OF 2468 GROUP, INC., OWNER, TO USE
492 GRANT STREET FOR A POLE SIGN
(Item No. 95, c.c.P., 2/5/91)
That the petition of 2468 Group, Inc., owrier, to use 492
Grant Street for a pole sign be, and the same hereby is, approved.
PASSED
AYES-12
NOES-0
No.159
REQUEST TO ERECT POLE SIGN/492 GRANT
(Item # 6 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
No.160
APPEAL OF PRESERVATION BOARD DECISION/AWNING (PRES.BD.)
(Item # 10 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED AND FILED.
ADOPTED
No.161
PERMISSION TO ENCROACH CITY RIGHT OF WAY NIAGARA AND VIRGINIA STREETS
(Item No. 48, C.C.P., 3/5/91)
That the Commissioner of Public Works be and hereby is authorized
to issue a "mere license" to Matusick, Spadafora & Verrastro for two encroachments of the City right-of-way at Niagara and Virginia Streets, one being
a three-foot encroachment for an emergency exit door, the other being a temporary six-foot encroachment for a retaining wall during construction,
subject to the following conditions:
l. That the applicant obtain any and all other City of Buffalo permits necessary for said installations.
2. That the emergency exit door and retaining wall be installed exactly as shown on plans submitted to and approved by the Department of
Public Works, Division of Buildings.
3. That the applicant be responsible for locating any and all existing underground utilities, and that any utilities that must be relocated to
accommodate the retaining wall is also solely the applicant's responsibility.
4. That the retaining wall be completely removed from City right-of-way upon completion of the basement portion of said office building.
5. That the applicant supply the City of Buffalo with a $5,000.00 construction in street bond which will indemnify and save harmless the City of
Buffalo against any and all loss or damage caused by the installation, use and removal of either the emergency exit door or the retaining
PASSED.
AYES-12
NOES-0
No.162
UNIVERSITY HEIGHTS COMMUNITY CENTER
REQUIRED EASEMENTS INTO AND OVER PORTIONS
OF MAIN STREET, HEATH STREET AND COYLE ALLEY
(Item No. 50, C.C.P., 3/5/91)
That the Mayor be and he hereby is authorized to execute the following easements to the University Heights Community Center under the jurisdiction of
the Division of Buildings in the Department of Public Works:
PARCEL NO. 1 - a Permanent Easement within the rightof-ways of Main Street and Heath Street for the construction of building footings and foundation
walls within the following described limits:
Beginning at the point of intersection of the southwesterly line of Heath Street with the northwesterly line of Main Street and running thence
southwesterly and along the northwesterly line of Main Street eighty six and fifty hundredths (86.50) feet, to a point;
Running thence southeasterly and at right angles to Main Street four (4.00) feet, to a point;
Running thence northeasterly and parallel to the northwesterly line of Main Street twenty three (23.00) feet, to a point;
Running thence southeasterly and at right angles to Main Street four and sixty seven hundredths (4.67) feet, to a point;
Running thence northeasterly and parallel to the northwesterly line of Main Street forty and thirty three hundredths (40.33) feet to a point;
Running thence northwesterly and at right angles to Main Street four and sixty seven hundredths (4.67) feet to a point;
Running thence northeasterly and along a line drawn parallel to and four (4.00) feet southeast of the northwesterly line of Main Street, as measured at
right angles thereto, to its intersection with a line drawn parallel to and one (1.00) foot northeast of the southwesterly line of Heath Street, as
measured at right angles thereto;
Running thence northwesterly and along a line drawn parallel to the southwesterly line of Heath Street two hundred four and thirty one hundredths
(204.31) feet, to a point;
Running thence southwesterly and at right angles to the southwesterly line of Heath Street, one (1.00) foot to a point in the southwesterly line of Heath
Street;
Running thence southeasterly and along the southwesterly line of Heath Street two hundred and twelve hundredths (200.12) feet to the point of
beginning.
PARCEL NO. 2 - A Permanent Easement to the Air Rights above a portion of the right-of-way.of Heath Street for the construction of a projection of a
proposed University Heights Community Center Building within the following described limits:
Beginning at a point in the southwesterly line of Heath Street ninety three and twenty hundredths (93.20) feet northwest of the intersection of the
northwesterly line of Main Street with the southwesterly line of Heath Street and running thence northeasterly and at right angles to Heath Street six
and fifty hundredths (6.50) feet, to a point;
Running thence northwesterly and parallel to the southwesterly line of Heath Street seventy one and seventy five hundredths (71.75) feet, to a point;
Running thence southwesterly along a line drawn at right angles to Heath Street six and fifty hundredths (6.50) feet to a point in the southwesterly line
of Heath Street;
Running thence southeasterly and along the southwesterly line of Heath Street seventy one an' seventy five hundredths (71.75) feet to the poir
beginning, the minimum clearance between the l portion of said projection and the established 1 grade of the Heath Street sidewalk area shall be fourteen
(14.0) feet.
PARCEL NO. 3 - A Permanent Easement for Air Rights oven a portion of the right-of-way of Main Street for the construction of a projection of the
University Heights Community Center and a permanent ground Easement for the necessary supporting columns or piers within the following described
limits:
Beginning at a point in the northwesterly line of Main Street twenty-six and thirty three hundredths (26.33) feet southwest of the intersection of the
northwesterly line of Main Street with the southwesterly line of Heath Street and running thence southeasterly and at right angles to the
northwesterly line of Main Street six and thirty-three hundredths (6.33) feet to a point;
Running thence southwest and parallel to the north-westerly line of Main Street thirty four (34.00) feet, to a point;
Running thence northwest and at right angles to the northwesterly line of Main Street six and thirty-three hundredths (6.33) feet, to a point in the
northwesterly line of Main Street;
Running thence northeast along the northwesterly line of Main Street thirty-four (34.00) feet; to the point of beginning.
PARCEL NO. 4 - A Permanent Easement to the air rights above Coyle Alley for the construction of a portion of the University Heights Community Center
Building over Coyle Alley within the following described limits;
Beginning at the point of intersection of the southwesterly line of Heath Street with the southeasterly line of Coyle Alley and running thence
southwesterly and along the southeasterly line of Coyle Alley sixtyfour and ninety-two hundredth hundredths (64.92)) feet to a point;
Running thence northwesterly and at right angles to the southeasterly line of Coyle Alley sixteen (16.00) feet, to a point in the northwesterly line of
Coyle Alley.
Running thence nortneasterly and along the northwesterly line of Coyle Alley sixty-four and ninety-two hundredths (64.92) feet to a point in the
southwesterly line of Heath Street.
Running thence southeasterly and along the southwesterly line of Heath Street sixteen (16.00) feet to the point of beginning, the minimum clearance
between the pavement grade of Coyle Alley and the lowest portion of the proposed construction or its appendages shall be fourteen (l4.00)FEET.
PASSED
AYES-12
NOES-0
No.163
ORDINANCE AMENDMENT/DUTIES & POWERS
(Item # 12 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.164
ORDINANCE AMENDMENT/DUTIES & POWERS (A (Item # 13 CCP MAR 5, 1991'
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.165
ORDINANCE AMENDMENT/DUTIES (POWERS COMPT)
(Item # 31 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME 15 HEREBY RECEIVED
AND FILED.
ADOPTED
No.166
ORDINANCE AMENDMENT/DUTIES & r
(Item # 75 CCP MAR 5, 1991
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.167
RE: ORDINANCE AMENDMENT
NEW SECTIONS ADDED TO CHAPTER 216
OFFENSIVE OR NOXIOUS ODORS
(Item No. 200, C.C.P., 3/5/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
MR. COPPOLA moved:
That the above Ordinance Amendment as contained in item No. 200, C.C.P., March 5, 1991, be and the same hereby is approved.
PASSED
AYES-12
NOES-0
No.168
VARIOUS TRAFFIC ORDINANCES 8179-80 (PW)
(Item # 24 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY DENIED.
ADOPTED
No.169
INFORMATION/TRAFFIC ORDINANCES 8179-81 (PW)
(Item # 23 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.170
AMEND CITY TRAFFIC ORDINANCE/CHAPTER 479 (PW)
(Item # 49 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.171
POLICE DEPARTMENT REORGANIZATION (Item No. 198, C.C.P., 2/5/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
MR. PERLA moved:that Item #198, C.CP, 2/5/91 he received and filed; and
That the Common Council, in a display of unity and a spirit of cooperation, join together with the Mayor and endorse the creation of a Joint Commission to
re-examine Police Consolidation and to develop a plan to reorganize the Buffalo Police Department for more efficient use of personnel and equipment; and
That the membership of the Joint Commission be comprised in the following manner:
five (5) members to be appointed by the Mayor;
five (5) to be appointed by the Common Council;
one (l) representative from the Police Benevolent Association;
one (l) representative from the African American Police Association; and
That the Joint Commission designate from its membership a Chairperson and Vice Chairperson to ensure the orderly discharge of its responsibilities; and
That the Joint Commission begin deliberations or or about April 1, 1991 and submit its final report to the Common Council and Mayor sixty (60) days
therefrom; and
That the Joint Commission develop a Police Department Consolidation Plan which would stipulate the number of precincts needed in this city, would
redefine district boundaries if necessary, would establish criteria for deployment of manpower within districts without being solely determined by
"calls for service," would establish guaranteed city wide and district wide manpower levels by rank and supervisory personnel, would set time limits
for filling vacancies, and would establish guaranteed levels of manned patrol vehicles and equipment per district with consideration given to the
recommendations of the International Chiefs of Police report; and
That a Public Hearing be conducted on the recommended plan of the Joint Commission; and
That the Common Council take action on the plan by its first meeting in July, 1991 to ensure placement of any Charter Amendments on the November
Elections ballot if so needed.
Mr. Pitts now moved to separate the above item and approve the following That the Common Council, in a display of uni;y and a spirit of cooperation, join
together with the Mayor and endoTee the creation of a Joint Commission to re-examine Police Consolidation and to develop a plan to reorganize the
Buffalo Police Department for more efficient use of personnel and equipment and
That the memhership of the Joint Commission he comprised in the following manner:
Five (5) members to he appointed by the Mayor;
Five (5) members to he appointed by the Common Council; One (1) representative from the Police Benevolent Association; One (1) representative from the
African American Police Association
Seconded by Mr. Perla.
Carried
Mr. Fahey now moved to refer the following portion of the above to the Committee on Legislation.
That the Joint Commission designate from its m~ship a Chairperson and Vice Chairperson to ensure the orderly discharge of its responsibilities; and
That the Joint Commission begin deliberations on or about April 1, 1991 and submit its final report to the Common Council and Mayor sixty (60) days
therefrom; and
That the Joint Commission develop a Police Department Consolidation Plan which would stipulate the number of precincts needed in this City, would
redefine district boundaries ifnecessary, would establish criteria for deployment of manpower within districts without heing solely determined by
"calls for service", would establish guaranteed City wide and district wide levels by rank and supervisory personnel, would set time limits for filling
vacancies, and would establish guaranteed levels of manned patrol vehicles and equipment per district with consideration given to the r dations of the
International Chiefs of Police report; and
That a Public Hearing he conducted on the r ded plan of the Joint Commission; and
That the Common Council take action on the plan by its first meeting in Julym 1991 to ensure placement of any Charter Amendments on the November
elections ballot if so needed.
Seconded by Mr. Rutecki.
Adopted.
No.172
POLICE DEPARTMENT REORGANIZATION (POLICE)
(Item # 58 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.173
ENCOURAGE NIAGARA MOHAWK TO REMAIN LOCAL
WITH THEIR CENTRAL COLLECTIONS DEPARTMENT
(Item No. 196, C.C.P., 2/5/91)
That this Honorable Body, along with the International Brotherhood
of Electrical Workers Local Union 1352, encourages Niagara Mohawk to reconsider its decision and create the central collections organization in Buffalo,
New York; and
That representatives from Niagara Mohawk, the International Brotherhood of Electrical Workers Local Union 1352, City of Buffalo Department of
Community Development and this Common Council schedule a meeting to come up with a workable solution.
ADOPTED
No.174
NMP/KEEP COLLECTIONS OFFICE LOCAL
(Item # 88 CCP FEB l9, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.175
OVERSEE BMHA TITLE VI COMPLIANCE/CREATE PANEL
(Item # 195 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.176
RE: EQUALITY IN LEARNING FOR BUFFALO
PUBLIC SCHOOL CHILDREN
(Item No. 192, C.C.P., 3/5/91)
That the Board of Education be and it hereby is requested to file
with this Council a detailed breakdown of the funding to and test scores of neighborhood schools in comparison to early childhood centers, magnet
schools and academies.
ADOPTED
No.177
1991 LEGISLATIVE PACKAGE (COMPT)
(Item # 14 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No.178
HEARING - LAND DISPOSITION AGREEMENT
LOVEJOY - SOUTH - FILLMOREll NEW HOUSING PROJECT
(ITEM NO. 72, C.C.P. MARCH 5, 1991)
THAT THE ABOVE ITEM BE AND HEREBY IS RETURNED TO THE COMMON COUNCIL
WITHOUT RECOMMENDATION.
THE ABOVE ITEM HAS BEEN SET FOR A PUBLIC HEARING BEFORE THE COMMON COUNCIL AT ITS REGULARLY SCHEDULED MEETING ON MARCH 5, 1991, AT 2:00 P.M.,
AND THAT NOTICE OF SAME HAS BEEN PROPERLY PUBLISHED IN THE BUFFALO NEwS, ID A COPY OF SAME IS ATTACHED HERETO.
ON MOTION BY FAHEY, SECONDED BY MR. PITTS THE ITEM IS PROPERLY BEFORE THE COMMON COUNCIL AND THE HEARING BE OPENED.
CARRIED.
APPEARANCES - LOUIS MALUCCI DEPARTMENT OF COMMUNITY DEVELOPMENT
MR. FAHEY MOVED THAT THE HEARING BE CLOSED. CARRIED.
Mr. BELL moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated Apex Development and Construction, Co. and/or
other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Lawn; and
NOW, THEREFORE, BE IT RESOLVED:
(l) That Apex Development and Construction, Co. and/or other legal entity to be formed was duly designated as qualified and eligible
Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for the Love joy-South-Fillmore New Housing Project in the
Community Wide Urban Renewal Homestead Program Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal
5 to the Redeveloper and/or other legal entity to be formed in accordance with the
documents necessary to convey the land described in the proposed "Land Disposition Agreement
terms of said Agreement and for the consideration recited therein.
PASSED.
AYES-12
NOES-0
No.179
WATERFRONT REDEVELOPMENT PROJECT NYR-35 AREA "A"
EASEMENT FOR BOAT DOCKS ADJACENT TO PARCELS 7 & 9
GULL LANDING JOINT VENTURE
(Item No. 168, C.C.P., 2/19/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
MR. BELL moved:
That the Mayor of the City of Buffalo is hereby authorized to grant a non-exclusive assignable easement for the construction of not to exceed thirty-six
(36) boat docks to the City of Buffalo Urban Renewal Agency subject to the riparian rights of owners of the uplands bordering the premises and to rights
of the public to use the waters of Erie Basin; and
That the issuance of said easement shall also be subject to the written approval and appropriate permits from the U.S. Army Corps of Engineers the New
York State Department of Environmental Conservation
, and the City Department of Public Works, and shall provide that said slips shall only be leased to owners of condominiums at Gull Landing.
PASSED
AYES-12
NOES-0
No.180
EASEMENT/GULL LANDING BOAT SLIPS (BURA)
(Item # 73 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.181
EASEMENT/GULL LANDING BOAT DOCKS (BURA)
(Item # 81 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.182
ABANDONMENT AND SALE OF A PORTION OF COLUMBIA STREET
ITEM NO. 83, C.C.P. 2/19/91
That the above item be and the same hereby is returned to the
Common Council without recommendation.
MR. BELL moved:
That the Common Council hereby finds and declares that that portion of Columbia Street lying north of Perry Street and south of Scott Street is no
longer needed for public use, that such portion of Columbia Street lying north of Perry Street and south of Scott Street be and it hereby is abandoned for
public use, and that the Mayor be and he hereby is authorized to execu'e a deed conveying said portion of Columbia Street to the Buffalo Enterprise
Development Corporation, pursuant to the authority of Section 1411(d) of the Not-For-Profit Corporation Law, for a consideration of $10,344.
PASSED
AYES-12
NOES-0
No.183
KINGSLEY PARK/INACTIVE HAZARDOUS WASTE DISPOSAL (CC)
Item # 66 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SANE IS HEREBY RECEIVED
AND FILED.
MR. BELL MOVED THAT THE ABOVE ITEM BE RECOMMITTED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
ADOPTED
No.184
AUTHORIZATION TO FILE FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS FOR BUFFALO COMMUNITY DEVELOPMENT BLOCK GRANT 1991-92
(Item No. 154, C.C.P., 2i19/91)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Bell moved, seconded by Mr. Fahey, that item No. 154, C.C.P., 2/19/91, Authorization to sumbit Final Statement of Objectives and Projected Use of Funds
for the City of Buffalo's 1991-92 CDBG Program" be and hereby is amended tc' read as follows:
Mr. Bell now moved:
That the Mayor be, and he hereby is authorized to execute and file the "Final Statement of Objectives and Projected Used of Funds" for the 1991-92
Community Development Block Grant, as amended, and that the Mayor be, and he hereby is, further authorized to provide such additional information and
furnish such documents as may be required by the Department of Housing and Urban Development, and the Mayor be, and he hereby is, authorized to
execute such contracts or agreements as may be necessary to receive said Block Grant funds, and to otherwise act as the authorized representative
of the City of Buffalo.
PASSED
AYES-12
NOES-0
No.185
AUTHORIZE FINAL STATEMENT
1991-92 CDBG PROGRAM
ITEM No.2, C.C.P. 2/19/91
That the above item be and the same hereby is returned to the
Common Council without recommendation.
MR. BELL MOVED
That the above item be and the same hereby is received and filed.
ADOPTED
No.186
OPPOSITION TO BUSH ADMINISTRATION PROPOSAL
TO FUNNEL DIRECT BLOCK GRANT ENTITLEMENTS
FROM THE CITIES TO THE STATES
(Item No. 160, C.C.P., 2/19/91)
That the Common Council strongly supports the current guidelines
which direct Community Development Block Grant funds to the local municipalities; and
That the Common Council requests that the local congressional delegation vigorously oppose the Bush Administration proposal as it relates to the CDBG
Program; and
That the Common Council requests that the local congressional delegation support the guidelines and entitlements as they currently exist, and that a
copy of this resolution be forwarded to that delegation.
ADOPTED
No.187
PUBLIC HEARING ON FINANCIAL STATUS OF NON-PROFIT COMMUNITY BASED ORGANIZATIONS AFFECTED BY NEW STATE BUDGET CUTS.
(Item No. 188, C.C.P. 03/05/91)
That this Common Council hold a public hearing to determine how
extensive the impact that state budget cuts may have on Buffalo's non-profit community agencies will be; and
That this Common Council extend an invitation to all cityfunded non-profit agencies, as well as any other group affected by state budget cuts, to appear
at this hearing and inform the public about the impact of the potential cut backs in state funding; and
That this Common Council also extend an invitation to all local members of the state legislature, the Speaker of the Assembly, the Senate Majority Leader
and the Governor; and
That the results of the hearing by compiled into a report and sent to all local members of the state legislature, the leadership of the state legislature and
the Governor, so that they may be made aware of the impact of cut backs on local non-profits before this year's budget negotiations begin.
ADOPTED
RESOLUTIONS
No.188
BY:MR. AMOS
ORDINANCE AMENDMENT
NEW CHAPTER 343
PUBLIC PLACES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That a new Chapter 343 entitled "Public Places", with section and section headings to read as follows:
CHAPTER 343
PUBLIC PLACES
Protection of Minors in Public Places
Sec. 343.1. Legislative Intent
Sec. 343.2. Definitions
Sec. 343.3. Prohibitions
Sec. 343.4. Parental Responsibility
Sec. 343.5. Penalties for Offenses
Sec. 343.6. Saving Clause
Sec. 343.1. Legislative Intent: The purpose of this ordinance is to protect the safety and general welfare of minors in the city while on public streets and
in public areas.
Sec. 343.2. Definitions: The following terms and words, when used in this section, shall have the meaning and effect as follows:
Public Places: A place to which the public or a substantial group of persons has access, and including but not limited to, streets, sidewalks, crosswalks,
transportation facilities, schools, places of amusement or assemblage, parks, and playgrounds, but not including churches or places of worship, the
sidewalk in front of or adjacent to a minor's own home or actual place of abode, the sidewalks, crosswalks, courtyards or common areas of a public
housing project in which a minor actually lives, or any section of the New York State Thruway or Interstate Highway System within the City of Buffalo.
Minor: Any person seventen (17) years of age or younger.
Parent: A natural parent or adoptive parent or any person who has legal custody by court order.
Sec. 343.3. Prohibited Acts. It shall be unlawful for any minor seventeen (17) years or younger to loiter, idle, wander, stroll, play or remain in or upon a
public place, between the hours of 11:00 pm. and 6:00 am. of the following day, official city time, except on weekends, when such restricted hours shall be
from 12:00 midnight on Saturday to 6:00 am. of the following Sunday. The provisions of this section shall not apply to any minor accompanied by his or her
parent, guardian or other adult having the care or custody of such minor when the minor is on an emergency errand directed by his or her parent,
guardian or other adult having the care or custody of such minor, or to any minor going directly to or from any adult-supervised activity sponsored by
any school, church, religious, civic or not-for-profit organization, or to any minor going to or from religious services, or to any minor going to or from
employment otherwise authorized under the provisions of the New York Labor Law, or to any minor going to or from, or engaged in duty with the Armed
Forces of the United States or any Reserve, National Guard or Militia component thereof, or to any minor engaged in interstate travel through the City of
Buffalo.
Sec. 343.4. Parental Responsibility. It shall be unlawful for any parent knowingly to permit, or, by negligent failure to exercise reasonable control, allow
his or her minor child to remain in any public place between the hours proscribed in Section 343.3, unless the minor falls within one of the specific
exceptions contained therein.
Sec. 343.5. Penalties for Offenses. Each violation, if any, of the provisions of this section, shall constitute a separate offense.
A. Police officers and Buffalo Municipal Housing Authority Peace Officers, are hereby authorized to take into custody any minor who shall
violate the provisions of Sec. 343.3, and shall promptly notify his or her parents, guardian or person having the care or custody of such minor that said
minor is in custody at police headquarters where the minor may be picked up. Said parent, guardian or person having the care and custody of such minor
will then be advised at police headquarters to thereafter keep the minor from the public places defined herein between the hours of curfew. If no
parent can be contacted, or if no parent calls for the minor at police headquarters within two hours of the time at which he or she is taken into custody,
he or she shall be turned over to the custody of the Erie County Department of Youth, Division of Detention.
B. Any parent who violates the provisions of Sec. 343.3 shall be subject to a fine of not more than twenty-five dollars ($25.00) for the first
offense, two hundred fifty dollars ($250.00) for the second offense, five hundred dollars ($500.00) for the third offense and fifteen hundred dollars
($1,500) for the fourth offense.
Sec. 343.6. Saving Clause. If any portion of this section is declared unconstitutional, such a declaration shall not affect the constitutionality of any
remaining portion.
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
SAMUEL F. HOUSTON
Corporatlon Counsel
REFERRED TO THE COMMlTTEE 0N LEGISLATION
AYES-BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA-8
NOES- ARTHUR, COLLINS, PITTS, RUTECKI-4-
No.189
BY MR. ARTHUR
REPAYMENT OF COMMITTEE CHAIRMEN STIPEND
WHEREAS:The following Committee Chairmen are due back pay.
NOW, THEREFORE, BE IT RESOLVED THAT:
The Comptroller of the City of Buffalo is requested to pay the following claims from the judgement and claims account; Honorable David A. Collins,
Chairman of the Finance Committee, $480.87; Honorable Alfred T. Coppola, Chairman of the Legislation Committee, $480.87 and Honorable James W. Pitts,
Chairman of the Civil Service Committee, $423.16. This claim is for the last fiscal year services.
BE IT FURTHER RESOLVED THAT:
From the current budget year, Honorable David A. Collins, Chairman of the Finance Committee, $673.23; Honorable Alfred T. Coppola, Chairman of the
Legislation Committee,, $673.23 and Honorable James W. Pitts, Chairman of the Civil Service Committee, $673.23.
PASSED
AYES-12
NOES-0
No.190
BY:MR. ARTHUR
ORDINANCE AMENDMENT
CHAPTER 12, SECTION 21 -
CODE OF ETHICS
The Common Council of the City of Buffalo does hereby ordain as
follows:
That a new subsection (K) be added to Section 2l of Chapter l2 of the Code of the City of Buffalo to read as follows:
12-21. Powers and Duties.
(K) In its discretion, to grant an exemption from the disclosure requirement of the Code of Ethics to any board, commission, council, body, or city
employee, otherwise subject to the Code of Ethics, if all of the following conditions are fulfilled:
l.) Such person or entity applies to the Board of Ethics for an exemption;
2.) The appointing authority for such applicant recommends an exemption be granted;
3.) The Board of Ethics determines that such applicant is not in a policy-making position and further determines that the applicant's duties do not require
the applicant to be subject to the disclosure requirements; and
4.) Such applicant is not an elected official, department head, deputy department head or head of a division of a department, or member of the Common
Council staff.
APPROVED AS TO FORM
SAMUEL F. HOUSTON
Corporation Counsel
REFERRED TOTHE COMMITTEE ON LEGISLATION
No.191
BY: MR. ARTHUR
COUNCILMEMBER EXCUSED FROM MEETING
BE IT RESOLVED THAT:
Councilmember Archie L. Amos, Jr., is hereby excused from the Council meeting of March 19, 1991, due to death in the family.
ADOPTED
No.192
BY:GEORGE K. ARTHUR
KLEINHANS MUSIC HALL CAPITAL RESERVE FUNDS
WHEREAS: Based on the submissions previously made by the Kleinhans
Music Hall Management, Inc. Board of Directors, (including the opinion of outside counsel retained by the Kleinhans Music Hall Management, Inc. Board of
Directors (hereinafter referred to as "The Trustees")), and in light of the F January 29, 1991 opinion received by this Council from the Corporation
Counsel for the City of Buffalo (on its review of same, the Comments and Recommendations of the City Comptroller, and of the Edward Kleinhans and
Mary Kleinhans Wills and other documents at the Surrogate's Court) that the Trustees' position that the Kleinhans capital reserve funds (presently in
the sum of approximately $170,000) are restricted to capital expenditures and cannot be used for operating purposes, is both "colorable and credible"
and that if the Trustees were to bring a construction proceeding that the Surrogate's "Court is likely to agree with the interpretation of the
Trustees".
NOW, THEREFORE, BE IT RESOLVED:
THAT THIS COUNCIL:
APPROVE the Kleinhans Trustees' request to reserve the monies currently held in its two investment accounts, presently in the sum of some $170,000,
strictly for future improvements to be made to the Kleinhans Music Hall building and that said monies not be used for operating purposes.
AND BE IT FURTHER RESOLVED:
THAT THIS COUNCIL:
DIRECT that Comment and Recommendation No. 2 in the City Comptroller's Report of Audit concerning Kleinhans Music Hall Management, Inc. be amended
accordingly.
ADOPTED
AYES-ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS-11
NOES-RUTECKI-1
No.193
BY: MR. BELL
REQUIRE HEALTH DEPARTMENT LICENSING OF BARTENDERS, FOOD SERVICE
WORKERS
WHEREAS: Throughout the City of Buffalo and Western New' York,
the proliferation of infectious diseases such as hepatitis, botulism, salmonella, bacillary dysentary and AIDS are becoming an increasing concern; and
WHEREAS: It is imPortant for public officials to take all practical and effective measures available to prevent the spread of these very serious
conditions; and
WHEREAS: Testing and licensing persons who are directly involved in the preparation and distribution of food and beverages to the public on an annual
basis would help stem the spread of communicable diseases and help ensure public confidence in the safety of local restaurants, taverns and other such
establishments;
NOW, THEREFORE BE IT RESOLVED:
That the Erie County Commissioner of ttealth be requested to report on the advisability of requiring that all bartenders and food service
workers in the City of Buffalo be licensed and subject to periodic examination prior to employment; and
BE IT FURTHER RESOLVED:
That the New York State Commisioner of Health likewise be requested to report on the feasibility of this proposal.
REFERRED TO THE COMMlTTEE ON LEGISLATION,THE CORPORATION COUNSEL, THE ERIE COUNTY HEALTH COMMISSIONER, AND THE W.N.Y. INN KEEPERS
ASSOCIATION.
No.194
BY: MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - EXEMPT ITEMS
DIVISION OF HOUSING &
PROPERTY INSPECTIONS
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
$117,700 be and the same is hereby transferred from various accounts in Appropriation Allotments - Exempt Items and said sum is hereby
reappropriated as set forth below:
FROM:
100 General Fund
81-9 - Exempt Items
842 - Reserve for Capital Improvements$117.700
TO:
100 General Fund
24-1 - Division of Housing & Property Inspections
085 - Capital Outlay
900 - Land & Betterments
Demolition of City-owned Buildings$117.700
REFERRED TO THE COMMITTEE ON FINANCE
No. 195
BY:MR. COLLINS
TRANSFER OF FUNDS
CAPITAL PROJECTS FUND -
DIVISION OF DEVELOPMENT
BOARD OF EDUCATION
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 $60,000 be and the same is hereby transferred from various accounts in
Capital Projects Fund -Division of Development and said sum is hereby reappropriated as set forth below:
FROM:
200 Capital Projects Fund
71-7 - Division of Development
001 - Improve Martin Luther King Park$60, 000
TO:
81-8 - Inter fund Transfers
010 - Transfer to Capital Projects Fund$60,000
FROM:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund$60,000
TO:
299 Capital Projects Fund - Board of Education
97-0 - Board of Education
050 - Construction of Public School Buildings $60.000
REFERRED TO THE COMMITTEE ON FINANCE
No.196
BY MR. COLLINS
REQUESTING STANDARDS FOR LEAD LEVELS IN SOILS
WHEREAS:According to the Environmental Defense Fund, low-level
lead poisoning is widespread among children in the United States causing decreased intelligence, short-term memory loss, reading and spelling
under-acheivement, impairment of visual-motor functioning, poor perceptual integration, poor classroom behavior,and impaired reaction time; and
WHEREAS:The US Environmental Protection Agency (EPA) has classified lead as a "probable human carcinogen" and exposure to high levels of lead can
cause anemia, brain damage, muscle palsy, kidney failure, headache and vomiting, convulsions and death; and
WHEREAS:This Common Council has shown a consistent interest in protecting Buffalonians from lead exposures; and
WHEREAS:Recent reports surrounding the Kingsley Park hazardous waste site (DEC f915124) raise serious questions about lead levels in soil within the
city of Buffalo; and
WHEREAS:In an August 1990 Fact Sheet concerning soil testing at the Kingsley site the NYS Department of Heath stated "lead levels, which ranged from
196 to 3900 parts per million (ppm) were similar to those expected in a city", and went on to attribute high lead levels to "many years of use of paint and
gasoline that contained lead"; and
WHEREAS:In contrast with New York State's apparent acceptance of lead levels as high as 3,900, the New Jersey Department of Health has
recommended a maximum permissible level of lead in soil of 600 ppm; and
WHEREAS:In addition, during 1989 in Kellog, Idaho the US EPA removed contaminated soils from residences using a criteria of 500 to 1,000 ppm of lead
where children under age 3 and/or pregnant women were involved; and
WHEREAS:In 1987 US EPA Region l issued a report calling for a federal priority action level for lead in soil of 1,000 ppm; and
WHEREAS:The Agency for Toxic Substances and Disease Registry has warned that blood lead levels as low as 10 to 15 micrograms per deciliter may be
associated with health problems, and a 1985 survey of studies found that blood lead levels are estimated to increase from .6 to 9 micrograms per
deciliter for every 1,000 ppm increase in the soil and dust lead level; and
WHEREAS:Even if, as the NY$ Department of Health has indicated, high soil lead levels may be endemic throughout the city of Buffalo, that fact in no way
lessens the health impacts excessive lead may be having on the people of this city;
NOW, THRREFORE BE IT RESOLVED THAT:
This Common Council finds it imperative that an accurate assessment of current background levels of soil lead in the city of Buffalo be performed, and
requests the NYS Department of Environmental Conservation to undertake that task; and
BE IT FURTHER RESOLVED THAT:
This Common Council requests the New York State Departments of Health and Environmental Conservation to cooperate in establishing a priority action
level for lead in soil which would trigger remedial measures when it is surpassed; and
BE IT FINALLY RESOLVED THAT:
The City Clerk be directed to send certified copies of this resolution to the Commissioners of the New York State Departments of Health and
Environmental Conservation.
ADOPTED
No.197
BY: MSRS. COLLINS, AMOS, FAHEY , MRS. LOTEMPIO AND MR. BELL
BOND RESOLUTION
$1,045,0OO SERIAL BONDS
FOR THE CONSTRUCTION OF THE UNIVERSITY HEIGHTS COMMUNITY CENTER
ACCOUNT 200-717-063
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $1,045,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY IN ADDITION TO $2,315,000 SERIAL BONDS HERETOFORE AUTHORIZED THEREFOR,
THE PROVISION OF $55,000 CURRENT FUNDS AS A DOWN PAYMENT IN ADDITION TO $85,000 CURRENT FUNDS HERETOFORE APPROPRIATED THEREFOR, AND THE
APPLICATION OF $450,000 FEDERAL GRANT FUNDS EXPECTED TO BE RECEIVED, TO FINANCE THE COST OF THE CONSTRUCTION OF THE UNIVERSITY HEIGHTS
COMMUNITY CENTER, AT THE ESTIMATED MAXIMUM COST OF $3,950,000. (Account 200-717-063)
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 Serial
Bonds of said City in the principal amount of One Million Forty-Five Thousand Dollars ($1,045,000), in addition to $2,315,000 serial bonds heretofore
authorized therefor, 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; to provide the sum of Fifty-Five Thousand Dollars ($55,000) from current funds as a down payment in addition to $85,000
current funds heretofore appropriated therefor, and to apply $450,000 Federal Grant Funds expected to be received; to finance the cost of the
construction of the University Heights Community Center,, including grading, site improvements, original furnishings, equipment, machinery and
apparatus required in connection with the purpose for which said building is to be used. 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
$3,950,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1990-91, as amended.
Section 2. The proceeds of the sale of the bonds authorized by the resolution, or any bond anticiption notes issued in anticipation of the sale of said
bonds, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Community
Development, Division of Development, "Construction of University Heights Community Center 1990-91," Bond Authorization Account No. 200-717-063, and
shall be used for the purposes specified in Section 1 of the resolution.
Section 3. The following additional matters are hereby determined and stated:
(a) The building will be of Class "A" construction as defined by Section 11.00 a. 11. b of the Law, and the period of probable usefulness applicable to such
construction for which the $1,045,000 bonds authorized by this resolution are to be issued, within the limitations of Subdivision 11. (a) of Paragraph (a) of
Section 11.00 of the Local Finance Law, is thirty (30) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required down payment of $55,000 shall be provided, prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, from current funds appropriated for this
purpose in the duly adopted Budget of said City for fiscal year 1990-91.
Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 5. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be
contested only if:
(a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and
an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the constitution. Introduced: March 19, 1991
LAID ON, THE TABLE
No.198
BY:MESSRS. COLLINS & PERLA
MEMORIALIZE NEW YORK STATE
DANGEROUS DOG LEGISLATION
WHEREAS:There has been an increase in the number of incidents
of unprovoked attacks on individuals and domestic animals by improperly trained and inadequately restrained dogs; and
WHEREAS:While the aggressiveness of the dog is an undeniable factor, a contributing cause is the failure of the dog owner to effectively train, restrain
and control their dog; and
WHEREAS:It has become apparent that the City of Buffalo must adequately provide for the safety of its citizens and their property by effectively
regulating the activity of dogs within its jurisdiction; and
WHEREAS:Article 7, section 121 of the New York State Agriculture and Markets Law circumscribes the ability of local governments to legislate against
dogs considered to be dangerous; and
WHEREAS:It is the belief of the Common Council of the City of Buffalo that a more thorough system of indentification and control of dangerous dogs would
be effective, inexpensive, and in the best interest of the citizenry of the City of Buffalo:
NOW, THEREFORE BE IT RESOLVED:
That the Common Council of the City of Buffalo does hereby request the Assembly and the Senate of the State of New York to enact into law legislation
which would provide for the identification, special licensing, and control of dangerous dogs, and more effective adjudication of offenses committed by
their owners in the City of Buffalo; and
BE IT FURTHER RESOLVED:
That the legislation include powers to be granted to the Parking Violations Bureau to administer the procedure for such identification and control; and
BE IT FINALLY RESOLVED:
That the City Clerk be and hereby is directed to forward certified copies of this resolution to the Secretary of the Senate, Clerk of the Assembly and
memb rs of the Western New York delegation to the New rk State Legislature.
ADOPTEDl
AYES- BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,,PITTS, RUTECKI-11
NOES- ARTHUR-1
No.199
BY: MR. COPPOLA
REQUEST INFORMATION FROM ERIE COUNTY DISTRICT ATTORNEY REGARDING
POSSIBLE VIOLATIONS OF STATE LAWS
WHEREAS:Former Parks Commissioner Robert Delano has been indicted
on six charges handed down by the Federal Grand Jury; and
WHEREAS:The indictments indicate that during the period of July, 1985, to June, 1990, there were possible violations of state laws governing larcenies and
thefts of services; and
WHEREAS:The taxpayers of the City of Buffalo were deprived of services from Parks Department employees while they performed work for private
individuals and companies, sometimes at locations outside the City of Buffalo; and
WHEREAS:In one incident in 1988, part of the home of a former
Parks Department employee, who resides in Cheektowaga, was constructed using other Parks Department employees and possibly wood purchased by
that department; and
WHEREAS:In another case, snow was plowed, a blacktop driveway
was sealed, and a fence supplied and installed at a private concern by Parks Department employees; and
WHEREAS:In yet another case, cleaning products were supplied
and garbage picked up by Parks Department employees at a restaurant; and
WHEREAS:Several individuals had work done in the Parks Department garage on private vehicles during a time when many jobs were sent out to private
vendors due to a lack of skilled mechanics and an overwhelming amount of work, according to previous testimony given before this Common Council.
NOW THEREFORE BE IT RESOLVED THAT
Since the federal indictments deal only with the alleged acts of the former Commissioner of Parks and not with the recipients of services and materials
involved in those alleged acts, this Common Council would appreciate an opinion from Erie County District Attorney Kevin M. Dillon regarding the possible
violation of state laws governing larcenies and theft of services of the recipients named in the indictments.
ADOPTED
No.200
BY:MR. COPPOLA
ORDINANCE AMENDMENT
CHAPTER 309, SECTION 16
HORSES AND OTHER ANIMALS
The Common Council of the City of Buffalo does hereby ordain as
follows:
That a new subsection C and D of Section 16 of Chapter 309 be added to the Code of the City of Buffalo to read as follows:
C. No person shall permit any animal to run at large in a city park or park approach. However, a domestic dog or cat, which is securely
restrained with a collar and leash, may be walked when such leash is held by the person in control of the dog or cat at all times. Violation of this section
shall be punishable by a fine of up to one hundred dollars ($100.00).
D. No person lawfully walking a domestic dog or cat in a park or park approach pursuant to subsection C above, shall permit any animal
excrement from said domestic dog or cat to remain on park land or park approach, but shall scoop up same and remove it in a closed container. Violation
of this subsection shall be punishable by a fine of up to one hundred dollars ($100.00).
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
SAMUEL F. HOUSTON
Corporation Counsel
PA.SSED
AYES-12
NOES-0
No.202
BY: MR. FAHEY
ORDINANCE AMENDMENT
CHAPTER 413, SECTION 7 -
STREETS AND SIDEWALKS
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 7 of Chapter 413 of the Code of the City of Buffalo be amended to read as follows:
413-12. Interference with street signs; rewards.
A. No person shall intentionally or carelessly break, deface, remove or damage any street sign or traffic sign or the post or pole upon which
such sign is erected[.], has been erected, or is intended to be erected.
IT IS HEREBY CfRTIFIED, pursuant to Section34 of the Charter, that the immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
SAMUEL F. HOUSTON
'Corporation Counsel
NOTE: Matter in brackets [ ] is to be deleted; matter underlined
is new.
PASSED
AYES-12
NOES-0
No.202
BY:MR. HIGGINS
PAYMENT OF CERTAIN SMALL CLAIMS
WHEREAS, the Common Council, by Item No. 184, C.C.P., June 26,
1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law,
which pertain to medical bills of Policemen and Firemen in any amount; and
WHEREAS, the subject claims are eligible for consideration under the said procedure; and
WHEREAS, the Department of Law has verified the validity of the claims and recommend payment thereof;
NOW THEREFORE, BE IT RESOLVED:
That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
l. RICHARD BERNAS
Claim for loss of garbage cans. $25.00
2. BULL HN INFORMATION SYSTEMS, INC.
Claim for services rendered to the Division of
Licenses in the past fisal year. $76.08
3. JOEL M. CAPTAIN
Claim for claimant's personal property missing from
Central Booking after his arrest. $20.00
4. CITY OF BUFFALO
Claim for excess xerox usage to the Department of
Human Resources in the past fisal year. $39.36
5. MICHELE FIELDS
Claim for loss of garbage can. $7.00
6. CHARLENE HUGHES
Claim for loss of garbage can. $10.00
7. EUGENE NOWAK
Claim for loss of garbage can. $7.95
8. CATHERINE PECORARO
Claim for loss of garbage can. $10.99
9. ANTHONY SCHIFANO
Claim for loss of garbage cans. $15.00
10. DORIS SIMMONS
Claim for loss of garbage can. $9.00
11. DANIEL J. STANKO
Claim for loss of garbage cans. $28.00
12. MARK VanHORN
Claim for Firefighter VanHorn's uniform pants
destroyed while fighting a fire. $35.10
Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended.
PASSED
AYES-12
NOES-0
No.203
BY:MR. HIGGINS
ORDINANCE AMENDMENT
CHAPTER 263, SECTION 8 -
OTHER COMBUSTIBLE MATERIALS
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 8 cf Chapter 263 of the Code of the City of Buffalo be amended to read as follows:
263-8. Other combustible materials.
A. Combustible Materials in General-License Reauired.
No person shall store in any building or structure or upon any premises an excess of two thousand five hundred (2,500) cubic feet gross
volume of combustible empty packing cases, boxes, barrels or similar containers or [new or used rubber tires or) baled cotton, rubber or cork, expanded
or foamed combustible materials as foamed latex or polystyrene, polyurethane and similar-type products, materials or compounds without a license
issued by the Director of Licenses and Permits, subject to the approval of the Bureau of Fire Prevention. Said license shall expire on December 31 after
issuance and be renewable annually thereafter. The fee therefor shall be as provided in Chapter 175, Fees. There shall be an exception made to the
extent of obtaining a license under this section for junkyards, tire retreading plants and other licensed operations under this Code that require Fire
Department approval and inspection].) and such facilities shall be required to comply with the provisions of this section, including subsections (H) and (C)
of this section.
B. Tire Handler's General Requirements
Any person who shall store in any buildi'l, or structure or upon anv premises or transport, deliver, carry or remove used or waste tires in
an amount between ten (10) and one thousand (1,000) shall be subject to the provision of this section. The applicable regulation for used and waste tires
in an amount in excess of one thousand (1,000) shall be as set forth within the Ne,.' York State Environmental Conservation Law under 6 NYCRR Part 360.
Persons falling within this section shall be subject to the following requirements:
l.) Obtain a tire handler's license issued bv the Director of Licenses, subject to the approval of the Bureau of Fire Prevention and the
Department of Inspections and Communitv Revitalization.
2.) File an application for said license containing a storage plan to address the handlina of tires at a storage facilitv pursuant to this section.
3.) Tires stored in any building or structure or upon any premises shall be disposed of within two weeks after receipt of said tires at a
disposal facilitv which has been approved by the New York State Department of Environmental Conservation.
4.) Storage facilities operators which have been in existence on the effective date of this section shall have on file with the Director of
Licenses an insurance policy providing general liability coverage
of at least five hundred thousand dollars ($500,000) both far personal inluy and propertv damaae, respectively.
5.) License shall expire on December 31 after issuance and be renei;able annuallv thereafter.
6.) The fee thereof shall be as provided in Chanter 175, Fees.
C. Tire Handler's License - Inside Storace Facilities.
No person shall score in any building or structure an amount between ten (10) and one thousand (1,000) used or waste rubber tires without a
handler's license issued by the Director of Licenses, subject to the approval of the Bureau of Fire Prevention. Facilities within this subsection shall be
subject to the following reQuirements:
l.) Comply with ceneral reQuirements as set forth In subsection B herein.
2.) Tire piles shall not e;:ceed ten (10) feet in heiqht.
3. Tire piles shall have a minimum separation distance of twentY (20) feet between piles.
4. The twenty (20) feet seParation area must be maintained free of obstructions at all times so that emergencv eQuipment T..ill
have adeauate access.
5. Storaoe facilities in operation after the effective date of this section shall be required to have a sprinkler system aPProved by the Bureau
of Fire Prevention.
D. Tire Handler's License - Outside Storage
Facilities.
No person shall store in anv exterior area an amount between ten (10) and one thousand (1,000) used or waste rubber tires without a
handler's license issued bv the Director of Licenses, subject to the aPPProval of the Bureau of Fire Prevention. Facilities within this subsection shall be
subject to the following requirements:
l.) Comply with ceneral requirements as set forth in subsecticn B herein.
2.) Tire piles shall not exceed fifteen (15) feet in height.
3.) Tire piles shall have a minimum separation distance of fiftv (50) feet between piles and from the lot line.
4.) The fifty (50) feet separation area must be maintained at all times so that emergency vehicles will have adeauate access.
E. Penalties for Offenses
l.) Any owner, lessee or operator who shall violate any of the provisions of this section, shall be subject to the general penalties, as
enumerated within Chapter l, Section 15 and increased fees pursuant to Chapter 263, Section 23 of this Code.
2.Anv person who shall violate Chapter 216, Section 9 for illecal dumnina of used or waste rubber tires 'hall be subject t3 penalties
enumerated within Chapter 216, Section 11.
APPROVED AS TO FORM
SAMUEL F. HOUSTON
Corporati.on Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION, AND THE ENVIRONMENTAL MANAGEMENT COMMISSION
No.204
BY: MR. HIGGINS
ORDINANCE AMENDMENT
CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ord'in as follows:That Chapter 175 - Fees of the Code of the City of Buffalo, be amended to read as
follows:
Chapter 263, Licenses
263-8A, storage of combustibles over
2,500 cubic feet of gross volume [$25.00) $100.00
263-8B, storage of used and waste tires $100.00
APPROVED AS TO FORM
SAMUEL F. HOUSTON
'Co orationCounsel
NOTE: Matter in brackets [ ) is deleted; matter underlined is new.
REFERREDTOTHE COMMITTEE ON LEGISLATION
No.205
BY: MRS. LOTEMPIO
NAME FIELD HOUSE AT SHOSHONE PARK AFTER
SALVATORE "SAM" CHIANTA, JR.
WHEREAS:Salvatore "Sam" Chianta has been an active resident of
the Shoshone Park area of the University District; and All who know Sam know of his dedication to the community, neighborhood and Shoshone Park; and
WHEREAS:Sam has coached little league baseball for over 30 years, was assistant coach of Shoshone Junior Football for 10 years, is a present member of
the Board of Directors for Shoshone Park and past president of the North Park Little League; and
WHEREAS:He is an individual who unselfishly devoted decades of dedication and commitment to what he considers "his kids" and "second family" at
Shoshone Park;
WHEREAS:When asked how long he will continue coaching, raking the diamonds, chalking the foul lines, opening and closing the concession stand, arranging
for umpires, cleaning the playground, restrooms and looking after Shoshone Park as if it was his own back yard, he responded "AS LONG AS I CAN
BREATHE".
NOW THEREFORE BE IT RESOLVED:
That this Honorable Body, in recognition of Salvatore Chianta, Jr. and his dedication to the Shoshone Park community and thousands of kids in the North
Buffalo area, name the field house at Shoshone Park after Salvatore "Sam" Chianta, Jr.
LAID ON THE TABLE
AYES-BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, RUTECKI-11
NOES-ARTHUR-1
No.206
BY:MR. PITTS
SALARY ORDINANCE AMENDMENT
VARIOUS DEPARTMENTS
The Common Council of the City of Buffalo do ordain as follows:
That part of Section l of Chapter 35 of the Ordinances of the City of Buffalo, relating to various departments listed below, is hereby amended as follows:
(Note: Old salaries are in brackets)
Ol - COMMON COUNCIL
TEMPORARY SERVICES AS REQUIRED
Intern II Hourly[4.00] 4.25
Intern I Hourly[3.85] 4.25
50-6 - DIVISION FOR YOUTH
604 - Lighted Schoolhouse Program
Attendant - Lighted Schoolhouse
(Part-Time) Hourly[4.00] 4.25
TEMPORARY SERVICES AS REQUIRED
Youth Worker (Part-Time) Hourly[4.20] 4.25
This ordinance shall be effective as of April l, 1991.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary.
WE, CHARLES L. MICHAUX, III, City Clerk, DONALD O. ALLEN, Commissioner of Human Resources and THOMAS F. KEENAN, Director of the Budget recommend
that the compensation for said positions be raised and fixed at the respect ve amounts set forth in the foregoing ordinance.
CHARLES L. MICHAUX
CITY CLERK
DONALD ALLEN
COMMISSIONER OF HUMAN RESOURCES
THOMAS F. KEENAN
Director of the Budget
WE, JAMES D. GRIFFIN, Mayor and JOEL A. GIAMBRA, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby certify that the
interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance.
JAMES D. GRI FFIN
MAYOR
JOEL A. GIAMBRA
Comptroller
APPROVED AS TO FORM
SAMUEL F. HOUSTON
Corporation Counsel
PASSED
AYES-12
NOES-0
No.207
BY:MR. PITTS
SALARY ORDINANCE AMENDMENT
50 - DEPARTMENT OF HUMAN RESOURCES
50-4 DIVISION OF SUBSTANCE ABUSE SERVICES
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 50-4 Division of Substance Abuse Services under the subheading
"011 - YDA-DACC Narcotic Control Program Program" which reads:
5 Counselor III $20,329 - 23,097
is hereby amended to read:
Il Counselor III $20,329 - 23,097
l Account Clerk-Typist 18,425 - 20,572
and further
That part of Section l of Chapter 35 of the Ordinances of the City of Buffalo, relating to 50-4 Division of Substance Abuse Services is hereby amended by
deleting therefrom:
"231 - Waiting List Reduction Program"
6 Counselor III $20,329 - 23,097
l Account Clerk-Typist 18,425 - 20,572
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary.
WE, DONALD O. ALLEN, Commissioner of Human Resources and THOMAS F. KEENAN, Director of the Budget, hereby certify that the transfer of six (6)
Counselor III positions and one (l) Account Clerk-Typist position 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.
DONALD ALLEN
Commissioner of Human Resources
THOMAS F. KEENAN
Director of the Budget
APPROVED AS TO FORM
Samuel fF Houston
Corporat on Counsel
PASSED
AYES-12
NOES-0
No.208
BY: MR. PITTS
SALARY ORDINANCE AMENDMENT
20 - DEPARTMENT OF POLICE
The Common Council of the City of Buffalo do ordain as follows:
That part of Section l of Chapter 35 of the Ordinances of the City of Buffalo, relating to 20 - Department of Police, under the subheading "011 - Detective
Force" which reads:
160 Police Officer $22,727 - 30,726
Detail of Chief of Homicide, Assistant Chiefs of Detectives, Detective Sergeant and Detectives. Any member of the Police Force, who is qualified by rank
pursuant to law, may be detailed by the Commissioner of Police as Chief of Homicide, Assistant Chiefs of Detectives, Detective Sergeant, or Detective, and
any such details herein authorized and the rate of compensation payable to each member of the Police Force while so detailed shall be respectively as
follows:
69 Detectives at the rate of $31,849 per annum is hereby amended to read:
175 Police Officer $22,727 - 30,726
Detail of Chief of Homicide, Assistant Chiefs of Detectives, Detective Sergeant and Detectives. Any member of the Police Force, who is qualified by rank
pursuant to law, may be detailed by the Commissioner of Police as Chief of Homicide, Assistant Chiefs of Detectives, Detective Sergeant, or Detective, and
any such detail may be revoked by the Commissioner of Police at any time. The number of such details herein authorized and the rate of compensation
payable to each member of the Police Force while so detailed shall be respectively as follows:
154 Detectives at the rate of $31,849 per annum and further
That part of Section l of Chapter 35 of the Ordinances of the City of Buffalo, relating to 20-0 Department of Police under the subheading "012 - Precinct
and Patrol Services" which reads:
699 Police Officer $22,727 - 30,726
is hereby amended to read:
684 Police Officer $22,727 - 30,726
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary.
WE, RALPH V. DEGENHART, Commissioner of Police and THOMAS F. KEENAN, Director of the Budget, hereby certify that the transfer of fifteen (15) Police
Officer positions and the creation of eighty-five (85) Detective positions is necessary for the proper conduct, administration and performance of
essential services of that department. We recommend that the compensation for said positions be fixed at the respective amount set forth in the
foregoing ordinance.
That a personnel requisition incident to the creation of the above mentioned positions, containing a statement of the duties of such positions, 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 positions.
RALPH V. DEGENHART
Commiss ioner of Police
THOMAS F. KEENAN
Director of the Budget
APPROVED AS TO FORM
SAMUEL F. HOUSTON
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No.209
BY: MR. RUTECKI
TRANSFER OF TYPEWRITERS TO NORTHWEST BUFFALO COMMUNITY CENTERS
WHEREAS:The Northwest Buffalo Community Center has requested typewriters for use in the tutoring service offered through their Youth Program;and
WHEREAS:General Services Commissioner Daniel Bohen has indicated that there are cur~r~e
0nt~l~8t~~writerS in the City's surplus inventory; THER
RESOLVED:That this Common Council authorize the loan of typewriters from the City's surplus, to the Northwest Buffalo Community center; and BE IT
FURTHER
RESOLVED:That upon termination of the program, the typewriters
be returned to the City surplus inventory.
PASSED
No.210
BY: MR. RUTECKI
REQUEST RESPONSE ON ABANDONMENT OF PIPERSTREET
WHEREAS:At its December 11, 1990 meeting, this Common Council
approved item 239 which granted a use permit to Tops Markets Inc. to build a supermarket at 345 Amherst Street; and
WHEREAS:Piper Street, a short street which in recent years had been used only as an entrance to the property on which Tops is building the market, is
located off Grant Street just north of the westbound Scajaquada Expressway entrance; and
WHEREAS:This street is no longer of any use to the City
of Buffalo and its citizens; and
WHEREAS:The abandonment of Piper St. and its conveyance to Tops will allow the completion of a much needed supermarket for this neighborhood;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hereby requests the Director of the Division of Real Estate and the Commissioner of the Department of Community Development to
file reports on the proposed abandonment of Piper Street and the conveyance of Piper Street to Tops Markets Inc.
NOW, THEREFORE BE IT RESOLVED THAT:
The Commissioner of the Department of Community Development be requested to provide this Council with a legal description of Piper Street so that a
proper abandonment resolution can be prepared for this property.
FERRED TO THE COMMITTEE ON LEGISLATION, THE COMPTROLLER, THE COMMISSIONER OF COMMUNITY DEVELOOPMENT, THE COMMISSIONER OF PUBLIC WORKS,
AND THE CITY PLANNING BOARD
No.211
BY MR. RUTECKI
FELICITATIONS AND/OR IN MEMORIAMS
ATTACHED HERETO ARE COPIES OF VARIOUS FELICITATIONS OR IN MEEORIAMS
SPONSORED BY HENBERS OF THE COMMON COUNCIL:
FELICITATION FORPATRICK J. MULLANE
BY COUNCILMEMBER GEORGE K. ARTHUR
AND THE CITY CLERK IS HEREBY DIRECTED TO HAVE EACH OF THE ABOVE RESOLUTIONS FRAMED AT A COST NOT TO EXCEED SEVEN DOLLARS AND FIFTY CENTS
($7.50) EACH.
ADOPTED.
No.212
BY MR. RUTECKI
APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as Commissioners of Deeds for the term ending December 31, 1992, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with the City Clerk:
Rosemarie Konsek
TOTAL:1
ADOPTED
No.213
BY MR. RUTECKI
APPOINTMENTS COMMISSIONERS OF DEEDS
That the following persons are hereby appointed as Commissioners
of Deeds for the term ending December 31, 1992, conditional upon the persons so appointed certifying under oath to their qualifications and filing same
with the City Clerk.
Ronald G. Broph.y
James C. Hammer
Charles A. Mecca
Donna Naflflo
James M. O'Banion
Sanford R. Perlmuter
TOTAL;6
ADOPTED
UNFINISHED BUSINSSS
No.214.
INVESTIGATE MISUSE OF FUNDS BY PARKS DEPT.
(ITEM NO. 149 C.C.P. 12/12/89)
MR. FAHEY MOVED TO TAKE ITEM NO. 149, C.C.P. 12/12/89 -INVESTIGATE
MISUSE OF FUNDS BY PARKS DEPARTENT, FROM THE TABLE. SECOMDED BY
MR. FRANCZYK
ADOPTED.
MR. FAHEY MOVED THAT THE ABOVE ITEM BERECEIVED AND FILED.
SECONDED BY MR. FRANCZYK
ADOPTED.
AYES- BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-10
NOES- ARTHUR, PITTS-2
No.215
APPOINTMENT- CHAIRMAN OF COMMITTEE ON CIVIL SERVICE
MR. FAHEY MOVED TO TAkE ITEM NO. 5, C.C.P. JANUARY 9, 1990,
FROM
THE TABLE.
SECONDED BY MR.BELL.
ADOPTED.
MR. FAHEY NOW MOVED TO RECEIVE AND FILE THE ABOVE ITEM.
SECONDED BY MR. BELL.
ADOPTED.
AYES- ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-11
NOES-PITTS-1
No.216
APPOINTMENT- CHAIRMAN OF COMMITTEE ON LEGISLATION
MR.
. FAHEY MOVED TO TAKE ITEM NO. 9, C.C.P. JANUARY 9, 1990,
FROM THE TABLE.
SECONDED BY MR. BELL
ADOPTED.
MR. FAHEY NOW MOVED TO RECEIVE AND FILE THE ABOVE ITEM.
SECONDED BY MR. BELL.
ADOPTED.
AYES- ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-11
NOES- PITTS-1
No.217
BENNETT BEACH
(NO. 85, C.C.P., MAY 8, 1990)
(NO. 4, C.C.P., JULY 13, 1990)
MR. FAHEY MOVED TO TAKE ITEM NO. 4, C.C.P., JULY 13, 1990, BE
TAKEN FROM THE TABLE.
SECONDED BY MR. BELL
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE REFERRED TO THE COOMITTEE ON FINANCE.
SECONDED BYMR.BELL
ADOPTED
No.218
BENNETT BEACH
(NO. 156, C.C.P., HAY 22, 1990)
(NO. 4, C.C.P., JULY 13, 1990)
MR. FAHEY MOVED TO TAKE ITEM NO. 4, C.C.P., JULY 13, 1990, BE
TAKEN FROM THE TABLE.
SECONDED BY_MR. BELL
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE REFERRED TO THE COMMITTEE ON FINANCE. SECONDED BY MR. BELL
ADOPTED
No.219
BENNETT BEACH
(NO. 46, C.C.P., JULY 3, 1990)
(NO.4, C.C.P., JULY 13, 1990)
MR. FAHEY MOVED TO TAKE ITEM NO. 4, C.C.P., JULY 13, 1990, BE
TAKEN FROM THE TABLE.
SECONDED BY MR. BELL
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE REFERRED TO THE COMMITTEE ON FINANCE. SECONDED BY MR. BELL
ADOPTED
No.220
BOND RES. - $25,000 - 10th STREET PLAYGROUND
(COM. 166, C.C.P., MARCH 5, 1991)
MR. FAHEY MOVED TO TAKE ITEM NO. 166, C.C.P., MARCH 5 1991, BOND
RES. - $25,000 - 10th STREET PLAYGROUND OFF THE TABLE.
SECONDED BY MR. COLLINS
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE APPROVED
SECONDED BY MR. COLLINS
PASSED
AYES-12
NOES-0
No.221
BOND RES. - $45,000 - wILLERT PARK
(COM. 167, C.C.P., MARCH 5, 1991)
MR. FAHEY MOVED TO TAKE ITEM NO. 167, C.C.P., MARCH 5 1991, BOND
RES. - $45,000 - WILLERT PARK FROM THE TABLE. SECONDED BY MR. COLLINS
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BEAPPROVED.
SECONDED BY MR. COLLINS
PASSED
AYES-12
NOES-0
No.222
BOND RES. - $85,000 - POLONIA HALL
(COM. 168, C.C.P., MARCH 5, 1991)
MR. FAHEY MOVED TO TAKE ITEM NO. 168, C.C.P., MARCH 5 1991, BOND
RES. - $85,000 - POLONIA HALL FROM THE TABLE. SECONDED BY MR. COLLINS
ADOPTED
MR.FAHEY MOVED THAT THE ABOVE ITEM BEAPPROVED
SECONDED BY MR. COLLINS
PASSED
AYES-12
NOES-0
No.223
BOND RES. - $140,000 - BRODERICK PK.
(COM. 169, C.C.P., MARCH 5, 1991)
'MR.FAHEY MOVED TO TAKE ITEM NO. 169, C.C.P., MARCH 5 1991,
BOND
RES. - $140,000 - BRODERICK PK. FROM THE TABLE. SECONDED BY MR. COLLINS
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE APPROVED
SECONDED BY MR. COLLINS
PASSED
AYES-12
NOES-0
No.224
BOND RES. - $190,000 - DISTR. PK. IMPROVE.
(COM. 170, C.C.P., MARCH 5, 1991)
MR.FAHEY MOVED TO TAKE ITEM NO. 170, C.C.P., MARCH 51991,BOND
RES. - $190,000 - DISTR. PK. IMPROVEMENT FROM THE TABLE.
SECONDED BY MR. COLLINS
ADOPTED
MR. PAH EY MOVED THAT THE ABOVE ITEM BE APPROVED
SECONDED BY_MR. COLLINS
PASSED
AYES-12
NOES-0
No.225
BOND RES. - $515,000 - CHEM. TREAT. FAC.
(COM. 171, C.C.P., MARCH 5, 1991)
MR. FAHEY MOVED TO TAKE ITEM NO. 171, C.C.P., MARCH 5 1991, BOND
RES. - $515,000 - CHEM. TREAT. FAC. FROM THE TABLE.
SECONDED BY MR. COLLINS
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE APPROVED
SECONDED BY MR. COLLINS
PASSED
AYES-12
NOES-0
No.226
BOND RES. - $900,000 - EMERALD ISLAND INTK.
(COM. 172, C.C.P., MARCH 5, 1991)
MR. FAHEY MOVED TO TAKE ITEM NO. 172, C.C.P., MARCH 5 1991, BOND
RES. - $900,000 - EMERALD ISLAND INTK. FROM THE TABLE.
SECONDED BY MR. COLLINS
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE APPROVED
SECONDED BY MR. COLLINS
PASSED
AYES-12
NOES-0
No.227
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
CLAIMS COMMITTEE Tuesday, March 26, 1991 9:00 AM
CIVIL SERVICE COMMITTEE Tuesday, MARCH 26, 1991 9:30 AM
FINANCE COMMITTEE Tuesday, MARCH 26, 1991
Immediately Following Civil Service
LEGISLATION COMMITTEE Tuesday, MARCH 26, 1991 2:00 PM
ECONOMIC DEVELOPMENT COMT. Wednesday, MARCH 27, 1991, 10:00 AM
ANCILLARY COMMITTEES
FINANCE/PUBLIC HEARING-SPORT/ENTERTAINMENT
Friday, April 5, 1991, 10:00 AM
No.228
ADJOURNMENT
ON MOTION BY MR. FAHEY, SECONDED BY MRCOPPOLA
THE COUNCIL ADJOURNED AT 4:40 P.M.
CHARLES L. MICHAUX III
CITY CLERK
MEETING REPORTED BY LEONARD G. SCIOLINO, COUNCIL AND COMMITTEE REPORTER.
PENSION PROCEEDINGS MEETING
BOARD OF POLICE AND FIRE PENSION PROCEEDINGS-#3-3/22/91-10:45
A.M. MAYOR'S OFFICE-20l CITY HALL
PRESENT: JAMES D. GRIFFIN, MAYOR; R. MICHAEL MCNAMARA, DEPUTY COMPTROLLER-2
ABSENT: GEORGE K. ARTHUR, COMMON COUNCIL PRESIDENT-I
THE JOURNAL OF THE LAST MEETING WAS APPROVED.
NO. 1
I TRANSMIT HEREWITH THE PENSION PAYROLL FOR THE FIRE PENSION FUND FOR THE MONTH OF MARCH 1991 AMOUNTING TO $39,421.82, AND RESPECTFULLY
REQUEST THAT CHECKS BE DRAWN TO THE ORDER OF THE PERSONS NAMED HEREIN FOR THE AMOUNTS STATED.
ADOPTED
AYES-2. NOES-0.
NO. 2
THE FOLLOWING ANNUITANTS HAVE BEEN CANCELLED FROM THE FIRE PENSION PAYROLL:
KARL KUBIAK DIED 2/27/91
MARGARET LYNCH DIED 2/5/91
PATRICK J. MULLANE DIED 3/2/91
RECEIVED AND FILED
NO. 3
MR. MCNAMARA MOVED THAT THE APPLICATION OF MARY KUBIAK FOR A PENSION ON ACCOUNT OF HER HUSBAND KARL, WHO DIED ON 2/27/91, BE GRANTED AND
THAT SHE RECEIVE A PENSION OF $540.00 PER MONTH EFFECTIVE 2/28/91.
ADOPTED
AYES-2. NOES-0.
NO. 4.
I TRANSMIT HEREWITH THE PENSION PAYROLL FOR THE POLICE PENSION FUND FOR THE MONTH OF MARCH 1991 AMOUNTING TO $53,395.29, AND RESPECTFULLY
REQUEST THAT CHECKS BE DRAWN TO THE ORDER OF THE PERSONS NAMED HEREIN FOR THE AMOUNTS STATED.
ADOPTED
AYES-2. NOES-0.
NO. 5.
THE FOLLOWING ANNUITANTS HAVE BEEN CANCELLED FROM THE POLICE PENSION PAYROLL:
LILLIAN JAHNKE DIED 2/1/91
WILLIAM EDWARDS DIED 2/13/91
MARGUERITE EDWARDS DIED 2/20/91
RECEIVED AND FILED
NO. 6
THE BOARD MADE A MOTION THAT THE APPLICATION OF MARGUERITE EDWARDS ON ACCOUNT OF THE DEATH OF HER HUSBAND, WILLIAM EDWARDS ON 2/13/91, BE
GRANTED FOR THE PERIOD OF 2/14/91 UNTIL 2/20/91 AND THAT THE RESPECTIVE HOSPITALIZATION COVERAGE FOR MR. & MRS. EDWARDS BE EXTENDED UNTIL
2/20/91 SO THAT THE ESTATE MAY BE ABLE TO TAKE CARE OF ANY MEDICAL BILLS THAT HAVE BEEN INCURRED TO THAT TIME. MR. WILLIAM H. GARLAND,
ATTORNEY FOR THE EDWARDS' ESTATE, WILL REIMBURSE THE CITY OF BUFFALO POLICE PENSION FUND IN THE SUM OF $178.85, THE AMOUNT REMAINING AFTER
PENSIONS AND MEDICAL COSTS ARE DEDUCTED.
A MOTION WAS PUT FORTH BY MR. WILLIAM CAREY, LEGAL COUNSEL, TO LAY THE ITEM ON THE TABLE UNTIL THE NEXT MEETING OF 4/26/91 IN ORDER THAT AN
APPLICATION FOR PENSION FOR MRS. GARLAND AND A REQUEST TO CONTINUE THE HOSPITALIZATION UNTIL 2/20/91 WILL BE SIGNED AND SUBMITTED BY HER
PUBLIC ADMINISTRATOR, MR. WILLIAM GARLAND OF BRADENTON, FLORIDA.
LAY ON THE TABLE UNTIL 4/26/91
ADOPTED
NO. 7
ON MOTION BY MR. GRIFFIN, THE CITY OF BUFFALO POLICE AND FIRE PENSION BOARD MEETING ADJOURNED AT 11:00 A.M.