HomeMy WebLinkAbout92-0331
1No. 7
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, March 31, 1991
Pension Meeting, March 26, 1992
MAYOR
Hon. James D. Griffin
COMPTROLLER
JOEL A. GIAMBRA
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
George K. Arthur
PRESIDENT PRO TEMPORE
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. Rutecki - 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. Franczyk, 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 BUDGET:
Hon. Archie L. Amos, Jr., Chairman, Hon. Norman M.
Bakos, Hon. Eugene M. Fahey, Hon. James W. Pitts, Hon. Dale Zuchlewski, Hon.
Joel A. Giambra, Mr. Richard Planavsky.
SPECIAL COMMITTEE ON CATV:
Hon. James W. Pitts, Chairman, Hon. George K.
Arthur, Hon. Brian M. Higgins, Hon. Rosemarie LoTempio, Hon. Dale Zuchlewski.
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..
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.
TASK FORCES
TASK FORCE- AUDITORIUM-STADIUM:
Hon. James W. Pitts, Chairman, Hon. Alfred T.
Coppola, Hon. Eugene M. Fahey, Hon. Dale Zuchlewski, Hon. Anthony M. Masiello,
Hon. Henry J. Nowak, Hon Dennis T. Gorski, Hon. Roger I. Blackwell, Charles F.
Rosenow, George Gould, George Wessel, William J. Greeley, Women for
Downtown/Designee, Donald Quinlan, Donald P. Quinlan, Rev. Bennett W. Smith.
EDUCATION FUNDING FORMULA REVIEW TASK FORCE:
Hon. Brian M. Higgins, Hon. Archie
L. Amos, Hon. Dale Zuchlewski, Judith Fisher, Mozella Richardson, Dr. Oscar
Smuckler.
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.
POLICE REORGANIZATION TASK FORCE:
Hon. Eugene M. Fahey, Chairman, Hon. George
K. Arthur, Hon. Clifford Bell, Hon. Rosemarie LoTempio, Michael Trimboli, Ralph
Degenhart, Edward C. Hempling, Richard Donovan, Kenneth R. Kirby, Richard
Planavsky, George J. Panepinto, Martha Dippel, James J. McMahon, Craig Speers,
William Dunford, Levirn Hill, John V. Elmore.
STREETS DEPARTMENT OVERSIGHT TASK FORCE:
Hon. Alfred T. Coppola, Hon. Brian M.
Higgins, Hon. Dale Zuchlewski, Bart Sumbrum/Designee, John Scardino.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
Tuesday, March 31, 1991
at 2:00 P.M.
PRESENT - George K. Arthur, President of the Council, and Council Members Amos,
Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla,
Pitts, and Zuchlewski - 13.
ABSENT - None.
On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated
meeting held March 17, 1991, and the Special Meeting held March 24, 1992, were
approved.
FROM THE MAYOR
No. 1
Appointment of members of Board of Directors of the Buffalo Cable Access Media
(BCAM)
Pursuant to the powers vested in me by Article 5, Section 5.2A,
of the Buffalo Cable Access Media (BCAM) bylaws, I hereby appoint the below
listed persons as members of the Board of Directors of the Buffalo Cable Access
Media (BCAM) effective March 19, 1992.
- Michael P. McKeating 164 Tuscarora Road
Buffalo, 14220
- C. Clifford Preisigke 146 Downing Street
Buffalo, 14220
I hereby certify that both Michael P. McKeating and C. Clifford Preisigke
are fully qualified to serve as members of the Board of Directors of the
Buffalo Cable Access Media (BCAM).
RECEIVED AND FILED.
No. 2
"REQUEST ASSISTANCE FROM
BUFFALO SEWER AUTHORITY"
CCP # 174 - 3/17/92
I have reviewed Mr. Coppola's resolution, cited above, and I want
to reaffirm my position that the Buffalo Sewer Authority already compensates
the City for the services that it receives. Please see the attached
correspondence from the Commissioner 'of Administration & Finance, Item # 40,
C.C.P. December 10, 1991, that was referred to the Council's Legislation
Committee. Also please note that these payments are projected to increase for
the 1992-93 fiscal year.
Furthermore, the BSA's surplus is not nearly as large as Mr. Coppola
suggests. I have been advised that the BSA anticipates that they will have to
use $2.5 million of the accumulated surplus to balance the 1991-92 budget
leaving approximately $500,000 at the end of the fiscal year. The BSA has
projected they may need to increase rates and layoff employees to balance
their' 1992-93 budget. In order to get a favorable rating on their most recent
bond issue, the board of the BSA passed a resolution to the effect that they
will no longer use the accumulated surplus to cover shortfalls in O&M.
Mr. Coppola suggests that the assets of the BSA be transferred to the
City "to assure the future financial stability of the City. " The assumption of
the $99 million of long-term debt attached to those assets would do nothing to
help the City's financial picture. In fact, in order to dissolve the BSA, the
City would have to pay off this debt, and the dissolution would require an act
of the State Legislature.
The resolution refers to Mr. Douglas Ayres, a management consultant
on municipal finances. One of Mr. Ayres' main methods of aiding cities
with their finances is to get services to be self-sustaining. The City of
Buffalo's absorption of the Buffalo Sewer Authority into the general fund would
be a move in the opposite direction.
For the reasons stated above, the City will not be seeking financial
assistance from the Buffalo Sewer Authority as it would be impractical and
possibly illegal.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No. 3
Lowell Dewey - Rezoning of Walden Heights
Subdivision from M1 to R3.
Item No. 94, C.C.P., March 17, 1992
The City Planning Board at its regular meeting held Tuesday, March
24, 1992, considered the above petition pursuant to Section 511-126 of the
Buffalo Code - Amendments to the Zoning Ordinance.
The applicant seeks to rezone a 10.6 acre site from an M1 "light
industrial" to an R3 "Multi family dwelling" district. The proposed rezoning
would compliment a proposed 37-lot subdivision which has been approved by the
City Planning Board (regular meeting of March 24, 1992). The subdivision would
allow for the development of 37 double units (one principal dwelling and one
accessory apartment) all of which would be accessible to the handicapped.
Under S.E.Q.R., the proposed rezoning is considered an unlisted action
which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed rezoning.
RECEIVED AND FILED.
No. 4
W. Hartnett - Request to install a floating dock at 865 Elk Street on the
Buffalo River.
Item No. 95, C.C.P., March 17, 1992
The City Planning Board at its regular meeting held Tuesday, March
24, 1992 considered the above request pursuant to Section 511-67 of the Buffalo
Code - the Buffalo Coastal Special Review District.
The applicant wishes to place a 30-foot by 200 foot floating dock in the
Buffalo River which forms the rear property line of a restaurant at 856 Elk
street. The dock would be used by boaters who wish to use the restaurant. No
eating or drinking will take place on the floating dock itself. A walkway is
proposed to provide access from the dock to the restaurant.
The site is located in an HI zone which permits such uses. The site is
also overlain by the Buffalo Coastal Special Review District. The coastal
review imposes a yard 25 feet from the water's edge. This yard requirement may
be waived when the "applicant demonstrates a physical need to such a
structure." In this instance, the floating dock does not encroach into the
waterfront yard but a walkway from it to the restaurant would. The walkway,
however, should not be construed as a structure, Just as walk and driveways are
not viewed as structures on non riparian yards throughout the city.
Other questions arose over the possible interference of the dock with
navigation on the Buffalo River. The applicant, however, informed the Board
that the Army Corps of Engineers (which has Jurisdiction over such matters) has
no objection to the proposed dock.
Under S.E.Q.R., the proposed floating dock is considered an unlisted
action which may be studied through uncoordinated review.
Given these salients, the Planning Board voted to approve the proposed
dock.
RECEIVED AND FILED.
No. 5
N. Krestos - Request to purchase right-of-way from the city at 469 Parker
corner of Parkside.
Item No. 151, C.C.P., March 17, 1992
The City Planning Board at its regular meeting held Tuesday, March
24, 1992, considered the above request pursuant to Section 317.1 of the City
Charter, Abandonment of Right-of-Way.
The matter centers about a request by Councilmember Amos, made on behalf
of the prior owners of the property, to homestead a 10 foot by 125 foot section
of right-of-way of Parkside Avenue to the current owners of the property at 469
Parker. The area in question is enclosed by a fence and for: the sideyard of
the subject property.
After review of the proposed abandonment, the Board voted to deny on the
grounds that such a request would establish a precedent for similar
abandonments along Parkside Avenue.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No. 6
Snowden (Sowden) Dev. Neg. Sale Nevilly Courts
Item No. 27, C.C.P. 2/4/92
The above captioned item, dealing with the proposed Sowden development
of the Nevilly Courts area for residential housing, was referred to the
Environmental Management Commission, which asks me to make the following
comments on its behalf.
In its preliminary review, the Commission notes that the area is low land
near several inactive hazardous waste sites and Junkyards. It is the view of
the Commission that development planning should pay careful attention to the
potential for contamination from historic uses, down gradient migration from
off-site, and illegal dumping.
Since private development of the site would require that the City build
streets, and perhaps provide a pumping system for combined sewage, the
Commission respectfully suggests that it would be in the City's best interest
to consider a broad process of competitive bidding for site development.
Finally, the Commission asks that it be allowed to withhold final
response to this Common Council request until environmental assessment
materials prepared by an appropriate entity as required under SEQR become
available to it.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMPTROLLER
No. 7
Certificate of Necessity
Transfer of Funds
Appropriation Allotments -
Exempt Items - Water
Enterprise Fund - Water
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 $27,000 be transferred and reappropriated from various accounts
in Appropriation Allotments - Exempt Items -Water, 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 23, 1992
RECEIVED AND FILED.
No. 8
Certificate of Necessity
Increased Appropriation
Other Revenue
Division of Substance Abuse Services
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 41 of the Charter, that an increase in
the sum of $40,000 in the estimates for the fiscal year beginning July 1, 1991
is necessary in Appropriation Allotments - Division of Substance Services to
meet a contingency which could not have been reasonably foreseen when the
budget was adopted. The amount of increased appropriation will he met from an
increase in the General Fund - Other Revenue account 100-504-406-32233 -
Substance Abuse Program - BMHA not otherwise appropriated for any other
purpose. The detail of the requirements are set forth below:
DATED: BUFFALO, NEW YORK, MARCH 23, 1992
RECEIVED AND FILED.
No. 9
Permission to Negotiate
12 Harwood, N 120' E Jefferson
Vacant Land: 40' x 119' W,
w/a/p 132.30 EL, 135.21 WL, 83.84' in Rear
Assessed Valuation: $3,400
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Larry Owens, 970 Sycamore, Buffalo, New York to purchase the
above captioned property.
Mr. Owens owns and operates his peanut and popcorn business at 20
Harwood. He is in the process of negotiating with the owner of 16 & 18 Harwood
in order to establish his residence there. He would like to, therefore,
purchase 12 Harwood to easily access and operate his business without
disturbing the neighborhood.
The Departments of Inspections and Community Revitalization and Community
Development have been contacted and they have no objections to this sale
providing Mr. Owens obtains a rezoning or variance for commercial use of 12
Harwood. The Tax and Demolition Lien Offices were contacted 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 negotiations.
Mr. Fahey moved:
That the communication from the Comptroller dated March 23, 1992, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Larry Owens residing at 970 Sycamore, Buffalo, New York, for the private sale
of 12 Harwood, Buffalo, New York, and report to this Honorable Body the results
of such negotiations.
ADOPTED.
No. 10
Permission to Negotiate
361 Landon, S 319.33' W Fillmore
Vacant Land: 28' x 100'
Assessed Valuation: $700
The Office of the Comptroller, Division of Real Estate, has received
a request from David & Karolyn Wimbley of 363 Landon Street, Buffalo, New York
to purchase the above captioned property.
Mr. & Mrs. Wimbley intend to purchase this property; which is adjacent to
their home, in order to build a two car garage for their personal use.
The Departments of Inspections and Community Revitalization Community
Development have been contacted and they have no objections to this sale. The
Tax and Demolition Lien Offices were contacted 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 negotiations.
Mr. Fahey moved:
That the communication from the Comptroller dated March 17, 1992, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
David and Karolyn Wimbley residing at 363 Landon Street, Buffalo, New York, for
the private sale of 361 Landon Street, Buffalo, New York, and report to this
Honorable Body the results of such negotiations.
ADOPTED.
No. 11
Permission to Negotiate
35 Milnor, E 322.50' N William
Vacant Land: 25' x 1471
Assessed Valuation: $800
The Office of the Comptroller, Division of Real Estate, has received
a request from Mrs. Dorothy M. Brown of 29 Milnor Street, Buffalo, New York to
purchase the above captioned property.
Mrs. Brown intends to use this property, which is adjacent to her home,
for extra yard space.
The Departments of Inspections and Community Revitalization Community
Development have been contacted and they have no objections to this sale. The
Tax and Demolition Lien Offices were contacted 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 negotiations.
Mr. Fahey moved:
That the communication from the Comptroller dated March 17, 1992, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Dorothy M. Brown residing at 29 Milnor Street, Buffalo, New York, for the
private sale of 35 Milnor Street, Buffalo, New York, and report to this
Honorable Body the results of such negotiations.
ADOPTED.
No. 12
Permission to Negotiate
535-539 Perry, S 50' E Hamburg
Vacant Land: 21' x 90'
Assessed Valuation: $2,800
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Jesse A. Shields of 541 Perry Street, Buffalo, New York to
purchase the above captioned property.
Mr. shields intends to use this property, which is adjacent to his home,
for extra yard space.
The Departments of Inspections and Community Revitalization Community
Development have been contacted and they have no objections to this sale. The
Tax and Demolition Lien Offices were contacted 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 negotiations.
Mr. Fahey moved:
That the communication from the Comptroller dated March 17, 1992, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Jesse A. Shields residing at 541 Perry Street, Buffalo, New York, for the
private sale of 535-539 Perry Street, Buffalo, New York, and report to this
Honorable Body the results of such negotiations.
ADOPTED.
No. 13
Permission to Negotiate
541 'William, S 27' W Adams
Vacant Land: 27' x 113' E
Assessed Valuation: $800
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Percy L. Howell, on behalf of the Grace Tabernacle Church of
God In Christ, 539 William Street, Buffalo, New York to purchase the above
captioned property.
The Church would like to purchase this property for off-street parking
purposes in order to alleviate some of the parking, problem.
The Departments of Inspections and Community Revitalization and Community
Development have been contacted and they have no objections to this sale. The
Tax and Demolition Lien Offices were contacted 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 on condition that the parking area
is developed in accordance with Chapter LXX, Section 17b(3) and other statues
and report back to Your Honorable
Body the results of negotiations.
Mr. Fahey moved:
That the communication from the Comptroller dated March 17, 1992, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Percy L. Howell, on behalf of the Grace Tabernacle Church of God In Christ, 539
William Street, Buffalo, New York, for the private sale of 541 William Street,
Buffalo, New York, and report to this Honorable Body the results of such
negotiations.
ADOPTED.
No. 14
Results of Negotiations
328 Howard, N 241' E Coit
Vacant Lot: 108.08' X 149'
Assessed Valuation: $12,500
Item # 21, C.C.P. 10/1/91
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Mr. Mark D. Deinhart, Attorney representing Sahlen Packing Co., Inc., 318
Howard Street, Buffalo, New York to purchase the above captioned property.
Sahlen Packing Company is purchasing this property for off-street parking.
An independent appraisal of the property was conducted by Mr. Peter J.
Hart, Howard P. Schultz Appraisers, 217 Linwood Avenue, Buffalo, New York
14209. He has estimated the fair market value of the property to be Eighty-One
Hundred Dollars ($8,100). This represents about Fifty Cents (.50) a square
foot. The Division of Real Estate reviewed the sales of similar property in
the area, whose values range between .32 a square foot to .82 a square foot.
The Division of Real Estate concurs with the appraisers estimate of value.
The results of our negotiations are that Sahlen Packing Company, Inc. has
agreed and is prepared to pay Eighty-One Hundred Dollars ($8,100) for the
subject property. They have also agreed to pay for the cost of appraisal,
transfer tax, recording fees and cost of the legal description.
Therefore, I am recommending that Your Honorable Body approve the offer
of Sahlen Packing Company, Inc. 318 Howard Street, Buffalo, New York in the
amount of Eighty-One Hundred Dollars ($8,100) and that the Mayor be authorized
to execute a deed for the transfer of the property. I am further recommending
that as a condition of the sale that the parking area be developed in
accordance with Chapter LXX, Section 17b(3) of the City Ordinances.
Mr. Fahey moved:
That the above communication from the Comptroller, dated March 24, 1992,
be received and filed; and
That the offer of Sahlen Packing Co., Inc. of 318 Howard Avenue, Buffalo,
New York, in the sum of Eighty-One Hundred Dollars ($8,100) to purchase: 328
Howard Street, Buffalo, New York, be and hereby is accepted; and
That the cost of appraisal, transfer tax, recording fees, and cost of
legal description 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 which the bid was submitted.
PASSED.
AYES- 13 NOES- 0.
No. 15
Result of Sale
764 Kensington Former
Sweet Klean Laundry
Land Assessment: $48,100
Total: $49,100
768 Kensington
Vacant Lot Size: 34.60' x 100'
Assessed Valuation: $900
I am requesting that Your Honorable Body accept this item as a
late file. An offer was received this 'morning for the above captioned
properties from Mr. Anthony Occhino, 1900 Transit Road, West Seneca, New York
14224. The need for immediate action by Your Honorable Body is due to the
condition of the roof at the above property. The center section of the roof
has deteriorated to a point where it needs immediate attention.
The above property was offered for sale at our February auction. The
highest amount bid was Ten Thousand Dollars ($10,000), which was not accepted
by the City of Buffalo. After further discussions with one of the bidders we
were able to negotiate a price of Twenty-Five Thousand Dollars ($25,000).
Last year an independent appraisal of the property was conducted by
Raymond F. Cunningham, CASH Realty, 22 Lafayette Blvd., Williamsville, New York
14221. He had estimated the fair market value of the property to be
Thirty-Five Thousand Dollars ($35,000), July 25, 1991. Since that time the roof
has further deteriorated and is endanger of collapsing. The purchaser is aware
of the condition of the roof.
Therefore, given the above circumstances, I am recommending that Your
Honorable Body approve the sale of 764 and 768 Kensington Avenue to Anthony
Occhino in the amount of Twenty-Five Thousand Dollars ($25,000). I am further
recommending that Your Honorable Body authorize the Mayor to execute the
necessary documents for the transfer of this property.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 16
Propose Sale Of City Owned Parking Ramps
Item # 173, 3/17/92
This communication acknowledges the above referenced Council proceeding
requesting that this office commission appraisals on the Gates Circle and
Buffalo General Hospital parking ramps.
We are in the process of soliciting quotes/proposals from appropriate
appraisal firms and, assuming that funds are available, we will report the
appraisal results to your Honorable Body upon their receipt.
RECEIVED AND FlLED.
No. 17
Bailey-Kensington Kiwanis Club
Use Agreement
889 Kensington Avenue
The Office of the Comptroller, Division of Real Estate, has received
a request from the Bailey-Kensington Kiwanis Club, 1356 Kensington Avenue,
Buffalo, New York to once again use the above mentioned property' for a Fun
Fair for the period of August 7th through and including August 11th, 1992.
Your Honorable Body approved a similar request last year and authorized
the Corporation Counsel's office to enter into an agreement for said use of the
property for $1.00.
Bailey-Kensington Kiwanis Club shall be solely responsible for the
maintenance of the property grounds including keeping the Property free from
debris and litter, to the satisfaction of the City of Buffalo, at the
conclusion of the said use. The Kiwanis Club will also hold the City of
Buffalo, its officers, agents and employees harmless, from all claims which
could arise from their use of said parcels. The Kiwanis Club shall provide at
their own expense a policy of general liability insurance with the City as
additional insured, in the amount of $1,000,000 for bodily injury and $50,000
for property damage.
Therefore, I am recommending that Your Honorable Body approve the use
agreement between the City of Buffalo Bailey-Kensington Kiwanis Club for the
above mentioned property. I am also recommending that Your Honorable Body
authorize the Corporation Counsel's office to prepare said use agreement and
that the Mayor be and hereby is authorized to execute said use agreement.
Mr. Fahey moved:
That the communication from the Office of the Comptroller, dated March
12, 1992, be received and filed; and
That the Corporation Counsel be, and he hereby is authorized to prepare a
use agreement for 889 Kensington Avenue by the Bailey-Kensington Kiwanis Club
for a Fun Fair for the period of August 7, 1992 - August 11, 1992 for $1.00
(Only One Dollar) and upon the conditions set forth in the Comptroller's
communication.
PASSED.
AYES- 13 NOES -0.
FROM THE COMMISSIONER OF ASSESSMENT
No. 18
Certiorari Proceedings
Fiscal Years 1987-88, 1988-89,
1989-90, 1990-91, 1991-92
191 North Street Associates
191 North Street
This is to advise that the owners, 191 North Street Associates,
instituted certiorari proceedings on 191 North Street, Buffalo, New York,
regarding the assessments for the fiscal years 1987-88, 1988-89, 1989-90,
1990-91 and 1991-92.
The assessments were reviewed by this Department and the owners expressed a
willingness to settle this proceeding.
The final assessments for such fiscal years were as follows:
1987-88 through 1991-92
LAND IMPROVEMENTS TOTAL
$ 66,500 $ 597,700 $664,200
The owners are agreeable to a settlement which would result in reductions on
191 North Street as follows:
YR ASSMNT SETTLEMENT REDUCTION IN ASSMNT
1987-88 $ 664,200 $610,600 $ 53,600
1988-89 664,200 613,600 50,600
1989-90 664.200 623,600 40,600
1990-91 664,200 632,100 32,100
1991-92 664,200 646,100 18,100
Based on a review of the current market value of the property, I feel this
settlement would be in the best interests of the City. I recommend, therefore,
this settlement in which the Department of Law concurs.
The proposed settlement is subject to the approval of Your Honorable Body.
If the members of the Common Council approve, an appropriate resolution
prepared by the Law Department, is attached hereto.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 19
Ord. Amend. - Ch. 175 (387) Signs
Item No. 126, CCP 03-17-92
This report is written in response to Your Honorable Body's request
for information concerning assessable billboards within the City of Buffalo.
The 1992-93 Assessment Roll completed and finalized on March 1, 1992 contains
the following information on assessable billboards.
No. of Billboards
(Various Sizes
& Locations Total Assessed
Owner' s Name throughout City) Valuation
3M National Advertising Co. 41 $650,000.00
a/k/a 3M
Powder Mill Corp./formerly
Penn Advertising 322 $1,720,600.00
REFERRED TO THE COMMITTEE ON FINANCE.
No. 20
Request all City Departments to provide information
Concerning the Use of City Owned Vehicles
Item No. 184, CCP 02-05-92
In response to the above referenced resolution I can state, as
Commissioner of Assessment, that there are no City owned vehicles assigned to
any employee of the Department of Assessment nor are there any City owned
vehicles assigned to me.
RECEIVED AND FILED.
No. 21
Appt. Sr. Tax Clerk
(Inter) (Assmt)
Item No. 23, CCP 03-03-92
This report is written in reference to the above referenced resolution.
A certificate of appointment for Eugenia Fitzgerald to fill the vacant
position of Senior Tax Clerk was filed with Your Honorable Body. The vacant
position of Senior Tax Clerk was posted according to the Agreement between the
City of Buffalo and Local 650. Several Assessment Department employees
requested an appointment to the said vacant position. Using seniority as the
criteria for appointment per City and Local 650 Agreement, Eugenia Fitzgerald
was appointed to the vacant position of Senior Tax Clerk. Ms. Eugenia
Fitzgerald's name was submitted to the Civil Service Commission for approval.
Enclosed find copy of my correspondence to the Civil Service Commission
dated January 21, 1992 nominating Eugenia Fitzgerald to said vacant position
and a copy of the Civil Service Commission's letter dated February 20, 1992
approving the appointment of Eugenia Fitzgerald to the position of Senior Tax
Clerk (provisional promotion). Also enclosed is a copy of a letter dated March
3, 1983 from the Civil Service Commission indicating that Eugenia Fitzgerald
was "covered in by Common Council action in 1976."
Therefore, since the Civil Service Commission approved Eugenia
Fitzgerald's nomination to the said position, Ms. Fitzgerald's Certificate of
Appointment was filed with Your Honorable Body.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 22
Cancellation of a Cleaning Machine
Bond with the City of Buffalo.
It is hereby certified that the following bond is hereby cancelled
as of March 20, 1992 because Progressive Weatherproofing Inc. is no longer
doing this type of business in the City of Buffalo.
Bond Principal: Progressive Weatherproofing Inc.
By: Continental Insurance Co.
Amount: $1,000
Bond # 155 57 98
Said bond described is hereby released and cancelled as to future
liability in accordance with the provisions of Section 47 of the Charter as
amended.
RECEIVED AND FILED.
No. 23
CANCELLATION OF AN AUCTIONEER'S
BOND WITH THE CITY OF BUFFALO
It is hereby certified that the following bond is hereby cancelled
as of March 24, 1992 because David S. Fox is no longer doing business in the
City of Buffalo.
Bond Principal: David S. Fox D/B/A
Michael Fox Auctioneers, Inc.
By: Reliance Insurance Co.
Amount: $5,000
Bond # Bl9 14 695
Said bond described is hereby released and cancelled as to future
liability in accordance with the provisions of Section 47 of the Charter as
amended.
RECElVED AND FILED.
No. 24
Extension of Time on Contract Concession & Public Facilities Building Ontario
Boat Launch Site
Foot of Ontario Street
In accordance with the terms of the contract between the City
of Buffalo and the following contractors the work should have been completed by
January 3, 1992.
Electrical Work - Cannon Electric, C-91634300 Plumbing Work - Kandey Co.
C-9l634600 Heating Work - Buffalo Sheet Metal, C-91634400
Due to poor weather conditions and the fact that the General Contractor will
not be finished till May 15, 1992 these contractors could not complete the work
of their projects on time. This is the first extension of time on these
contracts.
I have granted an extension of time to May 15, 1992 to the above contractors to
complete the work of their contract.
RECEIVED AND FILED.
No. 25
Extension of Time on Contract
Roof Reconstruction
Engineering Garage
Seneca Street
In accordance with the terms of the contract between the City
of Buffalo and Grove Roofing Co., C-91640200, the work should have been
completed by November 22, 1991.
Due to winter weather conditions this contractor could not complete the work of
this project on time. This is the first extension of time on this contract.
I have granted an extension of time to April 30, 1992 to Grove Roofing Co. to
complete the work of their contract.
RECEIVED AND FILED.
No. 26
Extension of time on contract
New Roof
Niagara Branch Library
Porter & Niagara Streets
Buffalo, NY
In accordance with the terms of the contract between the City
of Buffalo and McGonigle & Hilger Roofing Co, Inc. C-91606400, the work should
have been completed by May 22, 1991.
Due to a change in contract on this project, this contractor could not complete
their work on time. This is the first extension of time on this project.
I have granted an extension of time to April 3, 1992 to McGonigle & Hilger
Roofing Co. to complete the work of their contract.
RECEIVED AND FILED.
No. 27
BUFFALO PLACE CONTRACT WITH CITY OF BUFFALO
Please be informed that I am submitting the attached contracts
between Buffalo Place and the City of Buffalo for Renewal. Also, please note
that one is for April 1, 1990 to March 31, 1991 and the other is for April 1,
1991 to March 31, 1992.
I am submitting these for your honorable body's approval.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT.
No. 28
Maintenance of Sidewalks
Broadway from Fillmore to Bailey
P.I.N. 5753.02.101
The New York State Department of Transportation has requested
that your Honorable Body approve the attached Sidewalk Maintenance Resolution
for the above mentioned project.
This project is being funded by the 1988 Transportation Bond Act.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated March
20, 1992, be received and filed; and
That the Resolution for Maintenance of Sidewalks attached to said
communication be and hereby is approved, per the request of the New York State
Department of Transportation.
PASSED.
AYES- 13 NOES- 0.
No. 29
Report of Bids
Telephone System
Delaware Park Casino
Please be advised that the Division of Buildings solicited and
received bids for purchase and installation of a phone system at the newly
remodeled Delaware Park Casino on Friday, March 13, 1992.
The bidders are:
1) ICS/Executone $ 6,955.00
2) Ronco Communications $10,939.00
3) A T & T Communications $11,897.00
I hereby certify that the foregoing is a true and correct statement of all bids
received and that ICS/Executone is the lowest responsible bidder.
I recommend that Your Honorable Body will authorize the Commissioner of Public
Works to order this work on the basis of the aforementioned low bid of
$6,955.00 from ICS/Executone Telecom, Inc., 300 Essjay Road, Williamsville, New
York. Funds for this work are available in B/F 200-402-092 Division of
Buildings.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 30
Change in Contract
New Parkside Entrance
Buffalo Zoological Gardens
I herewith submit to Your Honorable Body the following change
in Contract for the New Parkside Entrance, Buffalo Zoological Gardens, Grand
Island Electric C-91633900:
1. Wire power ventilator with
thermostat control at top of
roof on the Interpretive Center. ADD $173.00
This work was requested by the Zoological Society.
The foregoing change results in a net increase in the contract of One Hundred
Seventy-three and 00/100 Dollars ($173.00).
Summary Original Amount of Contract $43,287.00
Change Order No. 1 CCP #25 10-30-91 ADD 870.00
Change Order No. 2 CCP #21 12-10-91 ADD 3,417.00
Amount of this change (No. 3) ADD 173.00
Revised Amount of Contract $47,747.00
This change could not be foreseen at the time contract was let. Costs have
been reviewed by Stieglitz, Stieglitz & Tries, Architects and the Department of
Public Works and found to be fair and equitable.
Funds for this work are in B/F 200-402-070 - 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 Department of Public Works, dated March
13, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order to Grand Island Electric C-91633900, in the amount of
$173.00 for additional work relating to the New Parkside Entrance, Buffalo
Zoological Gardens, with said cost to be charged against the Division of
Buildings B/F 200-402-070 account.
PASSED.
AYES- 13 NOES- 0.
No. 31
Change in Contract
New Parkside Entrance
Buffalo Zoological Gardens
I herewith submit to Your Honorable Body the following change
in Contract for the New Parkside Entrance, Buffalo Zoological Gardens, C-Allied
Mechanical C-91640300:
1. Furnish and install all exposed duct
work and diffusers in the Interpretive
Center per new layout. ADD $1,601.00
This work was requested by the Zoological Society.
The foregoing change results in a net increase in the contract of One Thousand
Six Hundred one and 00/100 Dollars ($1,601.00).
Summary Original Amount of Contract $52,090.00
Change Order No. 1 CCP 20 12-10-91 ADD 325.00
Amount of this change (No. 2) ADD 1,601.00
Revised Amount of Contract $54,016.00
This change could not be foreseen at the time contract was let. Costs have
been reviewed by Stieglitz, Stieglitz & Tries, Architects and the Department of
Public Works and found to be fair and equitable.
Funds for this work are in B/F 200-402-070 - 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 Department of Public Works, dated March
13, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order to C-Allied Mechanical C-91640300, in the amount of
$1,601.00 for additional work relating to the New Parkside Entrance, Buffalo
Zoological Gardens, with said cost to be charged against the Division of
Buildings B/F 200-402-070 account.
PASSED.
AYES- 13 NOES- 0.
No. 32
Change in Contract
New Parkside Entrance
Buffalo Zoological Gardens
I herewith submit to Your Honorable Body the following change
in Contract for the New Parkside Entrance, Buffalo Zoological Gardens, Ferraina
Construction C-91625800:
1. Provide and install carpeting at the
Interpretive Center. ADD $1,971.00
This work was requested by the Zoological Society.
The foregoing change results in a net increase in the contract of One Thousand
Nine Hundred Seventy-one and 00/100 Dollars ($1,971.00).
Summary Original Amount of Contract $481,000.00
Change Order No. 1 CCP2212-10-91 DEDUCT 3,593.00
Amount of this change (No. 2) ADD 1,971.00
Revised Amount of Contract $479,378.00
This change could not be foreseen at the time contract was let. Costs have
been reviewed by Stieglitz, Stieglitz & Tries, Architects and the Department of
Public Works and found to be fair and equitable.
Funds for this work are in B/F 200-402-070 - 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 Department of Public Works, dated March
13, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order to Ferraina Construction C-91625800, in the amount of
$1,971.00 for additional work relating to the New Parkside Entrance, Buffalo
Zoological Gardens, with said cost to be charged against the Division of
Buildings B/F 200-402-070 account.
PASSED.
AYES- 13 NOES- 0.
No. 33
Change in Contract
New Roof
Niagara Branch Library
Porter & Niagara Streets
Buffalo, NY
I herewith submit to Your Honorable Body the following change
in contract for the New Roof, Niagara Branch Library, McGonigle & Hilger
Roofing Co. ,Inc. C-91606400:
1. Furnish and install new
gravel stop extension. ADD $363.00
The original gravel stop at the front canopy was too low at front edge allowing
water to drip off the front.
The foregoing change results in a net increase in the contract of Three Hundred
Sixty-three and 00/100 Dollars ($363.00).
Summary Original Amount of Contract $45,271.00
Amount of this change (No. 1) ADD 363.00
Revised Amount of Contract $45634.00
This change could not be foreseen at the time contract was let. Costs have been
reviewed by the Department of Public Works and found to be fair and equitable.
Funds for this work are in B/F 200-402-051 - 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 Department of Public Works, dated March
25, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order to McGonigle & Hilger Roofing Co., Inc. C-91606400, in the
amount of $363.00 for additional work relating to the New Roof, Niagara Branch
Library, with said cost to be charged against the Division of Buildings B/F
200-402-051 account.
PASSED.
AYES- 13 NOES- 0.
No. 34
Change in Contract
Reconstruction of
Central Booking at
City Court Building
I herewith submit to Your Honorable Body the following change
in contract for the Reconstruction of Central Booking, City Court Building,
Buffalo, New York, Louis Migliore Construction Co. C-91584300:
1. Furnish and install six (6) foot
beds in new cells in lieu of benches. ADD $2,574.00
This change was a new requirement of State Office of Corrections to provide
bunks rather than benches.
The foregoing change results in a net increase in the contract of Two Thousand
Five Hundred Seventy-four and 00/100 ($2,574.00).
Summary Original Amount of Contract $271,900.00
Change Order No. 1 CCP 36 DEDUCT 3,720.00
Amount of this change (No.2) ADD 2,574.00
Revised Amount of Contract $278,194.00
This change could not be foreseen at the time contract was let. Costs have been
reviewed by the Department of Public Works and found to be fair and equitable.
Funds for this work are in B/F 200-402-520 - 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.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 35
Payment for Stored Material
Old First Ward Community Center
Burgio & Campofelice, Inc.
The General Contractor, Burgio & Campofelice Inc. - C-91610400
for, the new building at the Old First Ward Community Center has requested
prepayment for stored materials incorporated into the project. The value of
these materials are:
Tectum 4" E roof deck. $25,153.04
I recommend that Your Honorable Body authorize the payment of 80% of their
invoiced cost for these materials, but not to exceed $20,122.00. Copies of
invoices, proof of possession and an insurance policy protecting the City of
Buffalo against loss, damage or deterioration in the full amount of their
invoice have been provided.
The Contract (#91610400) is currently encumbered against B/F 200-402-024 -
Division of Buildings.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated March
16, 1992, be received and filed; and
That the request of the General Contractor, Burgio & Campofelice Inc.,
for prepayment for stored materials incorporated into the Old First Ward
Community Center project be, and hereby is, approved subject to the conditions
as stated in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 36
Increase Fees for
Load Zone Permits
Hauling Permits
House Moving Permits
I would request your Honorable Body's approval of the following
permit fee increases contained in Chapter 479 of the City Ordinances. These
permits are issued by this Departments Traffic Engineering Section.
Load Zone Permits: current charge is $1.00 per lineal foot and a renewal
charge is $.50 per lineal foot. It is recommended that this be increased to
$3.00 per lineal foot for both original permits and renewals.
Hauling Permits: currently issued permits for hauling of debris within
the City cost $5.00 per month. It is suggested these fees be increased to
$10.00 per month.
House Moving Permits: current charge is $10.00 per move. It is suggested
these fees be increased to $50.00 per move.
Other than the recent 5% increase of all permits and licenses, the above
permit fees have not been increased since 1942. It is estimated that the
increase in load zone permit fees could generate approximately $24,000.00 in
increased revenues.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 37
DOWNTOWN SPECIAL DISTRICT AVAILABLE
VENDING SITES FOR 1992
Please be informed that I am submitting the following list of
sites for the Downtown Special District Vendors that are available out of the
thirty-four approved sites as of April l, 1992:
Site # 2 McDonald's Theater Square (non-food)
3 N.E. Cor. Chippewa & Delaware (food only)
5 Roosevelt Plaza (non-food)
6 Roosevelt Plaza (non-food)
8 L.L. Bergers (restricted food)
9 L.L. Bergers (restricted non-food)
10 N.W. Corner Delaware & Huron (food)
11 E.Side Main at Mohawk (non-food)
12 N.W. Corner 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. Cor. Pearl & Court (restricted food)
16 E.Side Main at Eagle (non-food/rest. food)
18 Cathedral Park (non-food/rest. food)
33 N.W. Corner Main & Chippewa (restricted
food)
** 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.
Buffalo Place has reviewed and approved the above list of available
sites.
Mr. Fahey moved:
That the communication from the Commissioner of Public Works dated March
23, 1992 be received and filed; and
That the list of sites for the Downtown Special District Vendors, as
stated in the above communication, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 38
Studio Arena Theatre requests permission to install
awning on Pearl Street
Mr. Johnathan White. Operations Manager for Studio Arena Theatre,
located at 710 Main Street. has requested permission to install an awning which
would encroach city right of way, on the Pearl Street side of said address.
The proposed awning would be located above the Pearl Street entrance to
the theatre and measure five (5) feet in height, six (6) feet in width and
project three (3) feet from the building face into city right of way
The Department of Public Works has reviewed Mr. Whites application
pursuant to Chapter 413-56 (awnings canopies & marquees) of the City Ordinances
and has no objection to your Honorable Body authorizing the Commissioner of
Public Works to issue a "Mere License " for said installation provided the
following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning 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 five thousand dollar
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 awning.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No. 39
206 South Elmwood requests permission to install sidewalk cafe, awning, and
sign.
Mr. Vito Buscemi, owner of Vito's Gourmet Market, located at 206
South Elmwood Avenue, has requested permission to install a sidewalk cafe,
awning, and sign within city right of way at said address.
The proposed cafe would be located on the Chippewa Street side of the
property, measure forty two feet in length and project a maximum of nine feet
si inches into city right of way.
The proposed awning would be located above said cafe, and the proposed
sign would be attached perpendicular to the building face above the Chippewa
Street entrance to the existing market.
The Department of Public Works has reviewed Mr. Buscemi's application
pursuant to Chapters 413-59 (sidewalk cafes), 413-56 (awnings, canopies and
marquees), and 413-67 (encroachment regulations), and has no objection to your
Honorable Body authorizing the Commissioner of Public Works to issue a "Mere
License" for said installation provided the following conditions are met
1. That the applicant obtain any and all other City of Buffalo permits
necessary for installation.
2. That the sidewalk cafe, awning, and sign be installed exactly as shown on
plans submitted to and approved by the Department of Public Works Division of
Buildings.
3. That the sidewalk cafe does not exceed forty- two feet in length or
extend more than nine feet si inches from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5 That the sidewalk cafe be completely removed from city right of way, from
November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of $1.05 per square foot of
city right of way occupied by said sidewalk cafe as described in Chapter 413
Article IX Section 59 (sidewalk cafes) of the City Ordinances.
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, awning and/or
sign.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No. 40
1059 Grant Street requests permission to install
sign within city right of way.
Mr. Hien Ngo, owner of DHNP Card City, a card shop located at
1059 Grant Street, has requested permission to install a sign which encroaches
city right of way at said address.
The sign measures three feet six inches in width, two feet six inches in
height and is attached perpendicular to the building face.
The Department of Public Works has reviewed Mr. Ngo's application
pursuant to Chapter & 13-67 (Encroachment Regulations) of the City Ordinances
and has no objection to your Honorable Body authorizing the Commissioner of
Public Works to issue a "Mere License" for said installation provided the
following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sign 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 five thousand dollar
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 sign.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No. 41
Citgo Gasoline Station located at 1241 East Lovejoy requests permission to
install a pole sign.
Mr. Michael McCathy. owner of the Citgo Gasoline Station located
at 1241 East Lovejoy Street, has requested permission to install a pole sign
within city right of way at said address.
The proposed pole sign would be located within the sidewalk area at the
southeast corner of East Lovejoy and North Ogden streets, and be installed
twelve (12) feet above the public sidewalk.
The Department of Public Works has reviewed Mr. McCarthy' s application
pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances
and has no objection to your Honorable Body authorizing the Commissioner of
Public Works to issue a "Mere License" for said installation provided the
following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sign 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 five thousand dollar
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 sign.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No. 42
Jurisdiction of the westerly park road/ parking area at Martin Luther King Jr.
Park
The Museum of Science and the Buffalo Board of Education have
requested that the City of Buffalo turn over jurisdiction of the westerly park
road/parking area at Martin Luther King, Jr. Park. The portion of the park
road/parking area in question is located between the Science Museum and the
Science Magnet School on the east and the Kensington Expressway on the west.
The parcel in question is are particularly described as follows: All that
portion of the service road and parking areas, including the pavements, curbs
and any landscaped islands within the service road/parking areas lying within
the area bounded on the east by the Buffalo Museum of Science and the Magnet
School (School No. 59) and the park lands under their jurisdiction; on the
southeast by a line drawn parallel to and sixty five (65.00) feet, measured at
right angles northwest of the centerline of the pavement of the entrance road
leading into the Martin Luther King, Jr. Park from the intersection of West
Parade Avenue, Best Street and Herman Street; on the west by West Parade Avenue
and the Kensington Expressway; and on the north by the westerly extension of
the north face of the Buffalo Museum building.
The Department of Public Works has reviewed this request and has no
objection to your Honorable Body conveying jurisdiction maintenance and
liability for the above described park road/parking area jointly to the Museum
of Science and the Buffalo Board of Education.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE, THE
COMMISSIONER OF FIRE AND THE CORPORATION COUNSEL.
No. 43
City-owned vehicles
C.C.P. # 184, February 4, 1992
In response to C.C.P. #184 of February 4, 1992 requesting that
all departments provide information concerning the use of City-owned vehicles,
the following Division of Engineering personnel have vehicles assigned to them
on a 24-hour basis:
David P. Comerford Commissioner of Public Works
114 Whitehall Buffalo, NY 14220
Vehicle: E-576
Lawrence N. Grasso, P.E. Acting City Engineer
127 Wilkes Avenue Buffalo, NY 14215
Vehicle: E-545
Daniel Sealander Traffic Signal Technician
214 Hillpine Road Cheektowaga, NY 14227
Vehicle: E-102-T
Donald Zelakiewicz Traffic Signal Technician
4 Duluth Avenue Buffalo, NY 14216
Vehicle: E-103-T
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 44
CERTIFICATE OF APPOINTMENT
Appointment to become effective March 23, 1992, in the Department
of Public Works, Division of Water, Kathleen A. Frawley 125 Pomona Place,
Buffalo, New York 14210 to the position of Senior Administrative Assistant,
Permanent at the starting salary of $34,041.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PARKS
No. 45
ESTABLISH FEE FOR EVENT PERMIT
I am in total agreement that a fee permit for any event should
be enacted.
Because of budgetary problems that the City now faces, an organization
that wishes to stage an event should pay for the use of City personnel that are
needed for other than their normal work assignment.
The Parks Department now notifies any group that needs Parks personnel on
other than a normal workshift, to pick up the cost we would expend by paying
overtime. This is all relayed to any group by the Department prior to
reserving an area or building of the Parks Department that needs to be utilized
for such an event. Also, your Honorable Body is aware of a Resolution to have
organizations pay for the use of Cazenovia Casino and the Parkside Lodge on
other than a normal work shift.
I think that the fee the Commissioner of Administration is requesting is
very reasonable.
RECEIVED AND FILED.
No. 46
INFORMATION ON RECENT FISH
DIE-OFF IN DELAWARE PARK LAKE
I defer to the explanation given by the NYSDEC as to the reason
the fish died off. As far as circulation improvement of the water, I would
also have to defer to the recommendations of the Public Works Department and
the Army Corps of Engineers since they would have more expertise in this field
than I.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF POLICE
No. 47
Establish Fee for Event Permit
Item 77 C.C.P. March 17, 1992
I am totally in favor of the Council establishing a fee for permits
to use public parks and streets.
We must detail a huge amount of manpower to many such events, some of which
last for several days and others for many hours. Such events as the Friendship
Festival and the Riverside Park Fourth of July Festival go on for 2 to 5 days.
These events put a great strain on our manpower and it is my opinion that
sponsors of these events should pay a permit fee based on the length of the
event.
RECEIVED AND FILED.
No. 48
"Public Hearing to Close Glass House Social Club at 1495 Genesee Pursuant to
the Gate House and Public Nuisance Ordinances"
Resolution # 157, C.C.P March 3, 1992.
The following is a status of investigations regarding the criminal
activity occurring on the premises of the Glass House, 1495 Genesee Street,
this City:
On December 20, 1991, after Police development of sufficient illegal activity
information, a Search Warrant, signed by City Court Judge Hugh Scott, was
obtained for the Glass House premises.
The warrant was executed at 0400 hours on December 21, 1991 by members of the
Buffalo Police Vice & Intelligence Section, the Narcotics Section, and uniform
Officers from Precinct #4 and Precinct #12. Officer's seized all illegal
devices, furniture and contraband associated with the operation.
Arrested during the raid were the club owner, two female employees and a club
patron. Charges against those arrested ranged from Promoting Gambling,
Possession of a Gambling Device, Unlawful Dealing with a Child, Criminal
Nuisance, Criminal Possession of a Controlled Substance and Criminal Use of
Drug Paraphernalia (NYS Penal Law). In addition, a charge of Unlicensed Premise
(NYS ABC Law) was also lodged. As of this date, all defendants are awaiting
trial before City Court Judge Michael Broderick, and all are represented by
counsel.
Activity at the Glass House has been periodically monitored since the December
1991 raid and has disclosed that an operation is ongoing in a smaller, limited
fashion according to Captain Patrick G. Stafford, Commander of Precinct # 12.
All officers involved in effectively closing down this illegal activity
indicate development of enough information to conduct future raid(s) on this
premise is not an easy task . Police surveillance continues as manpower and
other Police priorities dictate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 49
Illegal Repair Shop - 495 Hewitt
(No. 90, C.C.P., March 17, 1992)
In regards your February 23, 1992 letter concerning illegal car
repairs at 495 Hewitt Avenue; I directed Inspector David Caruso to investigate
and report on the content of your letter.
I have been informed that our Police Community Service and Precinct #16
personnel looked into the alleged illegal activity. Officer Patrick Gray, of
Community Services, delivered a Kensington-Bailey Block Club letter to the
occupant of 497 Hewitt (Irving Evans) to assist him in resolving this alleged
problem with the occupant of 495 Hewitt (Mr. Wacskowski)
Officer Gray did not observe any signs of car repairs being done at 495 Hewitt.
Mr. Wacskowski, in a telephone conversation with Officer Gray, denied the
allegation and stated he was not willing to resolve this problem with his
neighbor Mr. Evans.
The City of Buffalo Housing Inspection office also looked into the alleged
activity and observed no sign of car repairs. As the Inspection office does not
work after 4 PM, personnel of Precinct #16 were asked to assist in monitoring
this address in the evening hours; the alleged time of illegal activities.
Mr. Evans was advised to document his complaint by calling the 911 system
should this alleged activity continue.
This complaint has not been resolved between the neighbors involved, however
Department personnel will continue to monitor this complaint as priorities and
manpower constraints permit.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF FIRE
No. 50
Abandon/Close Beckwith Street
Item # 44, C.C.P. 3-17-92
The above referenced item has been referred to this Department
for review and comment. The proposal to close Beckwith Street poses no
difficulties to fire apparatus. Therefore, we have no objections.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CORPORATION COUNSEL
No. 51
MARYNER REDEVELOPMENT COMPANY, INC.
186 EFNER - REQUEST FOR REFUND OF EXCESS TAX PURSUANT TO CONTRACT, 1991-92 TAX
YEAR
On September 23, 1970, a contract was executed by the City of
Buffalo and Maryner Development Company, Inc., limiting its real property tax
liability as to 186 Efner, known as Maryner Towers Apartments, pursuant to the
authority of and in accordance with Section 236 of the National Housing Act of
1968 and Article V of the Private Finance Housing Law.
This contract limits real property taxes to a maximum of $74,000 per year
(City and County combined) and exempts the property from additional taxes for a
period of forty (40) years, beginning on the date on which the benefit of this
exemption first became available and effective. Amounts paid in excess of the
$74,000 ceiling must be refunded.
This refund is apportioned between the City and the County, in accordance
with the tax rates prevailing at the time:
1991-1992
1991-92 City Tax $ 88,146.88
1992 County Tax 27,665.90
Total Tax Paid 115,812.78
Less combined ceiling 74,000.00
Overpayment 41,812.78
City's share (.76 x 41,812.78) 31,777.71
Taxpayer requests a refund of $ 31,777.71
REFERRED TO THE COMMITTEE ON FINANCE.
No. 52
Transfer Capital Allocation
Computer System
This is a joint communication from the Department of Law and the
Division of Data Processing. The Law Department's word processing and file
management is now handled by a proprietary local area network of personal
computers acquired about seven years ago from NBI. Besides the Department of
Law, the NBI system also services the Division of Engineering, Community
Revitalization, Fire Headquarters and the Mayor's office. The NBI system is
antiquated and marginally useful for the growing needs of Law Department. It
is not compatible with the new local 3 COM network which has been installed for
the City Clerk and the Common Council staff. This new LAN system handles all
the Common Council documents. The Department of Law originates and edits a
large fraction of these documents. Having two incompatible word processing
systems in this context is inefficient. The Law Department also does not now
have easy access to tax data and to the Clerk's index of Common Council
matters.
The City spends about $35,000 per year to maintain the NBI system.
Maintenance is expensive because the equipment is old and the system is
proprietary, there is no competition for the maintenance work. The City can
eliminate this yearly operational expense if the NBI system is replaced. The
estimated cost of a new pc based system compatible with the new LAN is $58,000.
The Director of Budget informs us that there is approximately $35,000
available in this years capital outlay accounts which could be used for the
acquisition of a new system. Additionally, the Law Department has an unused
capital outlay allocation in this years budget which can be applied to acquire
new computer equipment.
If Your Honorable Body will approve the transfer of $35,000 for
acquisition of this new equipment, there will be sufficient funds to acquire
the new system. In the next fiscal year, this will eliminate the need for all
but $5,000 for maintenance of the NBI system. This small amount will be needed
to maintain NBI during the period of transition and will not be needed in
future years. The new system maintenance would be covered under warranty for
the first year and in years after that we would expect maintenance to be about
$2,000 to $3,000 per year.
What we propose here will result in net reduction in operating costs of
more than $35,000 per year and the sooner the new system can be acquired the
less will be needed for NBI maintenance. The new system will not only save the
City significant yearly expense, it will also result in a substantially
improved word processing and information system for the Law Department, the
Division of Engineering and the Mayor's office. It will also result in
improved service to the Common Council and City Clerk. We ask therefor for
your favorable and expeditious approval of our request.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 53
Budget Note Resolution Authorizing the Issuance of $17,077,871 Budget Notes to
Finance Increased Appropriation for General City Purposes for Fiscal Year
1991-1992
Item No. 171, C.C.P., 3/17/92
The Budget Note Resolution was prepared by Bond Counsel and appears
to be in the proper form.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 54
Certificate of Necessity
Increased Appropriation
Allotments Regular Departments
Fringe Benefits
Item No. 19, C.C.P., 3/17/92
The certificate of necessity for an increase in appropriation
for any function is a precondition to a council resolution authorizing such
increase. As such, the resulting resolution would be subject to a mayoral
veto.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 55
Establish Fee for Event Permit
Item No. 77, C.C.P., 3/17/92
It is my opinion that an enforceable City ordinance dealing with
permit fees for events could be enacted with the approval of Your Honorable
Body subject to such reasonable conditions or exemptions which you may desire.
Upon receipt of such conditions or exemptions, my office will promptly prepare
such ordinance.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 56
New Mt. Olive C.M.E. Church
Protest Demolition Charge
414 Glenwood Avenue
Item No. 93, C.C.P. 3/17/92
This department has been advised by the Director of the Division
of Housing and Property Inspections that the Fire Department requested an
emergency demolition due to the hazardous condition of the premises resulting
from the fire.
Forgiveness or release of the demolition costs and lien are prohibited by the
New York State Constitution and Section 47 of the Charter except where such
forgiveness, compromise or release has a clearly tangible benefit to the City.
REFERRED TO THE COMMITTEE ON FlNANCE.
No. 57
Forgive Costs of Demolition -
501 Goodyear
Item No. 152, C.C.P., 3/17/92
As stated on innumerable past occasions, forgiveness of demolition
liens is in contravention of the State's Constitution prohibition against
making gifts of public funds. Moreover, Section 47 of the City Charter
provides that the Council, upon a two-thirds vote of its membership, may
compromise or release any liability only where such compromise or release has a
clearly tangible benefit to the City of Buffalo.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 58
Rezone 915 Walden - Senior Housing
Item No. 94, C.C.P. 3/17/92
The Department of Community Development supports the rezoning
of 915 Walden to permit the construction of 37 single-family homes with an
attached handicap-accessible dwelling unit.
RECEIVED AND FILED.
No. 59
E.A.F. - 915 Walden
Lowell Dewey - Rezoning of Walden Heights
Subdivision from M1 to R3.
Item No. 94, C.C.P., March 17, 1992
Attached for your information is the Short Environmental Assessment
Form for the project captioned above.
Mr. Fahey moved:
That the communication from the Commissioner of Community Development,
dated March 24, 1992, be received and filed; and
That "Lowell Dewey - Rezoning of Walden Heights Subdivision from HI to
R3" 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);
and
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. 60
E.A.F. - 865 Elk
W. Hartnett - Request to install a floating dock
at 865 Elk Street on the Buffalo River.
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 24, 1992, be received and filed; and
That "W. Hartnett - Request to install a floating dock at 865 Elk Street
on the Buffalo River" 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); and
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. 61
WALDEN PARK STORAGE BUILDING
INFORMAL ELECTRICAL CONSTRUCTION BIDS
ITEM NO. 64, C.C.P. 5/14/91
ITEM NO. 55, C.C.P. 2/18/92
As authorized by Your Honorable Body per item 164, C.C.P. 5/14/91,
the Department of Community Development solicited and received the following
informal sealed bids for electrical construction associated with the Walden
Park Storage Building, which were opened on March 24, 1992:
CONTRACTOR BID AMOUNT
Goodwin Electric $1,115.00
121 California Drive
Williamsville, N.Y. 14221
Weydman Electric $1,175.00
747 Young St.
Tonawanda, N.Y. 14150
Wittburn Enterprises $2,280.00
P.O. Box 1122
Ellicott Station
Buffalo, N.Y. 14205
Dane Electric NO BID
5-3394 Emerling Dr.
Blasdell, N.Y. 14219
I hereby certify that the preceeding is a true and correct statement of all
bids received. Funds for this work are available in Parks Department Bond Fund
1200-601-035.
Bids for general construction of this project were previously approved by Your
Honorable Body as per item 155, C.C.P. 2/18/92.
Therefore, it is recommended that Your Honorable Body authorize the
Commissioner of Community Development to contract with Goodwin Electric in the
amount of $1,115.00 in accordance with their low bid.
Mr. Fahey moved:
That the communication from the Department of Community Development,
dated March 25, 1992, be received and filed; and
That the Deputy Commissioner of Community Development, be and he hereby
is, authorized to award contract to Goodwin Electric, 121 California Drive,
Williamsville, New York the lowest responsible bidder, in the amount of
$1,115.00 for electrical construction for the Walden Park Storage Building,
with said cost to be charged against the Department of Parks Bond Fund
200-601-035 account.
PASSED.
AYES- 13 NOES- 0.
No. 62
CHANGE ORDER NO. 1
GENERAL CONSTRUCTION
POLONIA HALL IMPROVEMENTS
I herewith submit to Your Honorable Body the following change
in contract for general construction at Polonia Hall in regard to contract
191641100 with Baker Development and Construction Company, Inc..
1.) Remove deteriorated foundations
and unstable fill at front
entrance stairs. Replace with
compacted select fill and new
3000 PSI concrete foundations.
ADD
$1,213.00
2.) Remove 275' of electrical wire
and conduit mounted directly to
old roof and replace with
300' of new wire and conduit
mounted to parapet wall.
Provide new boxes and
connections at all exterior
lighting fixtures.
ADD
$3,257.95
3.) Install 3"X4", heavy duty,
black vent cove base moulding
around entire perimeter of
gymnasium floor, 475' linear
feet.
ADD
$1,667.50
TOTAL ADDITION TO
CONTACT
$6,138.45
The additional costs associated with item 11 related to the front entrance
stairs are due to unforeseen conditions which were encountered upon demolition
of the old stairs. Removal and relocation of the electrical conduit and wire
was not included as part of the original design but became a necessary item
during removal and replacement of the old roof.
The 3"X4" heavy duty vent cove moulding was deemed necessary to prolong the
life of the newly resurfaced gymnasium floor and improve the aesthetics when
the same is used as a banquet hall.
A contract summary is as follows:
ORIGINAL CONTRACT SUM $75,000.00
AMOUNT THIS CHANGE $6,138.45
REVISED CONTRACT AMOUNT $81,138.45
The costs associated with the described changes have been reviewed by the
project architect, Ronald W. Bugaj, R.A. and the Department of Community
Development and are deemed to be fair and equitable. Funds for this work are
available in Bond Fund # 200-717-076.
I therefore recommend that Your Honorable Body authorize the Commissioner of
Community Development to issue a change order to Baker Development and
Construction Co., Inc. as set forth above.
Mr. Fahey moved:
That the communication from the Deputy Commissioner of Community
Development dated March 25, 1992, be and the same hereby is received and filed;
and
That the Deputy Commissioner of Community Development be and he hereby is
authorized to issue a change order to Baker Development and Construction
Company in the amount of $6,138.45 for additional work under the contract for
Polonia Hall Improvements, Contract # 91641100, with said cost to be charged
against Bond Fund # 200-717-076.
PASSED.
AYES- 13 NOES- 0.
No. 63
Increase in Contract 91547000
Pilot Field Interim Improvements
Phase I - Plumbing
I hereby submit to Your Honorable Body the following Change Order
on Contract 91547000 with John W. Danforth Co. for the plumbing construction of
the Pilot Field Interim Improvements Phase I:
1. Additional excavations and electrical re-routing due to
unanticipated conduits and foundations found below grade in the area of the new
water meter pit.
ADD $ 3,297.00
SUMMARY:
Original Contract Amount $ 97,680.00
Change Order No. 1 ADD 2,548.00
Change Order No. 2 ADD 6,252.00
Amount of this Change (No.3) ADD 3,297.00
Revised Contract Amount $109,777.00
These changes could not be forseen at the time the contract was let.
Costs have been reviewed by the Project Architect, Hellmuth, Obata & Kassabaum.
Inc. and the Department of Community Development and found to be fair and
equitable.
Funds for this additional work are available in Capital Enterprise
Account No. 415-717-101.
I, therefore, recommend that Your Honorable Body authorize the
Commissioner of Community Development to issue a Change Order to John W.
Danforth Co., as set forth above.
Mr. Fahey moved:
That the communication from the Department of Community Development,
dated March 26, 1992, be received and filed; and
That the Deputy Commissioner of Community Development, be and he hereby
is, authorized to issue a Change Order to John W. Danforth, Co., in the
amount of $3,297.00 for plumbing construction of the Pilot Field Interim
Improvements Phase I, with said cost to be charged against the Capital
Enterprise Account No. 415-717-101.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF STREETS
No. 64
CERTIFICATE OF APPOINTMENT
Appointment to become effective March 16, 1992 in the Department
of Street Sanitation Michael P. Alessi 233 Hampshire Street Buffalo, NY 14213
to the position of Truckdriver, Permanent at the starting salary of $20,570.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 65
CERTIFICATE OF APPOINTMENT
Appointment to become effective March 24, 1992 in the Department
of Street Sanitation William T. Schultz, 209 Cumberland Buffalo, New York
14220, to the position of Truckdriver, Permanent, at the starting salary of
$21,150.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 66
CERTIFICATE OF APPOINTMENT
Appointment to become effective March 16, 1992, in the Department
of Street Sanitation to the position of Truckdriver, Permanent at the starting
salary of $21,729
Richard A. Brimm 122 Wyoming Avenue Buffalo, NY 14215
Ronald A. McGregor 244 Vermont Street Buffalo, New York 14213
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 67
CERTIFICATE OF APPOINTMENT
Appointment to become effective March 16, 1992 in the Department
of Street Sanitation, David Filipski 92 Townsend, Buffalo, New York 14206 to
the position of Truckdriver, Permanent at the starting salary of $ 21,729.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 68
CERTIFICATE OF APPOINTMENT
Appointment to become effective March 23, 1992 in the Department
of Street Sanitation Robert J. Battaglia 32 Lockwood Avenue, Buffalo, New York
14220 to the position of Truckdriver, Permanent at the starting salary of
$21,729.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 69
GLASS HOUSE SOCIAL CLUB
1495 GENESEE ST.
ITEM NO. 157, C.C.P. 3/3/91
Please be advised an inspection of the above subject property
was conducted on March 11, 1992 by Building Inspector Gene Fronczak, also
present were: Mike Mulderig, Director of Licenses, Plumbing, Electrical and
Fuel Device Inspectors. An appointment card was sent to the owner regarding
this inspection, however, he did not show. Therefore, on this date, March 11,
1992 the property was written for court. The court case includes no "Use
permit" for Social Club and also many exterior violations. An arraignment date
has been scheduled for March 26, 1992.
We trust this will satisfy your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 70
"Request Response to Comptroller's Audit"
No. 27, C.C.P., March 17, 1992
No. 188, C.C.P., March 17, 1992
In response to your request, please be advised that a total of
sixteen (16) staff positions have been filled within the Division of Substance
Abuse Services, since the appointment of Raymond K. McGurn, Director, on March
13, 1991.
All Counseling positions funded under the NYS Division of Substance Abuse
Services contract are currently filled:
Director of Counseling One position
Senior Counselor Six positions
Counselor III Eleven positions
Counselor II Three positions
Case Manager Four positions
Vocational Counselor One positions
All Counseling and Substance Abuse Specialist positions funded under the
BMHA/HUD contract are currently filled:
Counselor III Two positions
Vocational Counselor One position
Sr. Substance Abuse Specialist One position
Substance Abuse Specialist Five positions
In addition, reimbursement invoicing for program expenditures have been
currently submitted through February, 1992. Please find attached, reports of
revenues and expenditures for 1990-91, which show a surplus of revenues in
excess of $102,000.00. Apparently, the City uses our money. We don't use
theirs.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE MUNICIPAL CIVIL SERVICE COMMISSION
No. 71
Residency Status - R. Heftka
Res. # 168, C.C.P. 12/23/91
Com. # 23, C.C.P. 1/7/92
Com. # 68, C.C.P. 2/4/92
At a meeting held on March 11, 1992 the Commission considered
a communication dated March 10, 1992 from Kaaren Luparello, Council Staff,
requesting information for the Civil Service Committee of the Common Council
relative to the rule that allows the Civil Service Commission to waive the
residence requirement.
Be advised that Rule 22, Non-competitive Class, paragraph 4., Residence, of the
Rules for the Classified Civil Service of the City of Buffalo reads as follows:
The restrictions as to residence for positions in the non-competitive class may
be waived by the commission upon satisfactory evidence that the waiving of such
requirements is necessary to secure qualified eligibles.
Positions in the Non-competitive class shall be listed in Appendix B of these
rules and made a part hereof.
If you have any further questions in this regard, please contact this office.
REFERRED TO THE COMMITTEE ON CIVIL SERVlCE.
No. 72
Appt. Systems Support Analyst
Com. # 26, C.C.P. 2/18/92
At a meeting held on March 11, 1992 the Commission considered
a communication dated March 10, 1992 from Kaaren Luparello, Council Staff,
requesting information for the Civil Service Committee of the Common Council
relative to the appointment of James Seguin to the position of Systems Support
Analyst in the Division of Data Processing.
Attached herewith please find a copy of the original Certificate of Appointment
when James Seguin was first appointed to the temporary position of Systems
Support Analyst effective January 21, 1991.
I trust this satisfies your inquiry. If you have any further questions, please
contact this office.
REFERRED TO THE COMMlTTEE ON CIVIL SERVICE.
No. 73
Appt. Supvr. Street San. I
Com. # 50, C.C.P. 3/3/92
At a meeting held on March 11, 1992 the Commission considered
a communication dated March 10, 1992 from Kaaren Luparello, Council Staff,
requesting information for the Civil Service Committee of the Common Council
relative to the residence of Lawrence Panaro.
The Civil Service Commission certified Mr. Panaro's name for appointment to the
position of Supervisor of Street Sanitation I on February 24, 1992. Said
certification indicated Mr. Panaro's address as 868 Niagara Street Buffalo
(14213).
The Civil Service Commission first noted the changed of Mr. Panaro's address
upon receipt of his Certificate of Appointment. Said Certificate of Appointment
indicates Mr. Panaro resides at 3895 Bailey Avenue in Buffalo (14226).
This Commission is not in receipt of information relative to the date Mr.
Panaro established residence at 3895 Bailey Avenue (Amherst).
If you have any further questions in this regard, please contact this office.
REFERRED TO THE COMMITTEE ON CIVIL SERVlCE.
No. 74
Request All City Departments to Provide Information Concerning Use of City
Owned Vehicles
Item # 184, C.C.P. 2/5/92
This is in response to a communication dated March 11, 1992 from
the Honorable Alfred T. Coppola,. Chairman, Committee on Legislation, relative
to the above-referenced subject.
This Commission has no record of receiving such a request. Please be advised
that no city vehicles have been assigned to any employees in this office.
I trust this satisfies your inquiry.
RECEIVED AND FILED.
FROM THE CITY CLERK
No. 75
Notice of Hearing
Renaming Cazenovia Park Casino as "Peter J. Crotty Casino"
(Item No. 6, March 17, 1992)
I hereby inform you that a public hearing has been scheduled on
the above matter. This hearing is to be held before the Common Council at its
regular meeting of March 31, 1992, at 2:00 P.M., in the Council Chamber. The
notice of hearing was properly published, on March 20 and March 27 in the
Buffalo News, and a copy of said publications are attached hereto.
RECEIVED AND FILED.
No. 76
Take from Table
Renaming Cazenovia Park Casino as "Peter J. Crotty Casino"
(Item No. 6, C.C.P., March 17, 1992)
Mr. Fahey moved that the above Item (No. 6, C.C.P., March 17,
1992), which is the subject of a hearing scheduled for this day before the
Common Council, is hereby taken from the table, and is now before the Common
Council for its consideration.
Seconded by Mr. Higgins.
ADOPTED.
No. 77
Hearing
Renaming Cazenovia Park Casino as "Peter J. Crotty Casino"
Com. 6, C.C.P., March 17, 1992)
Mr. Fahey moved that the above item is properly before the Common
Council and the hearing be opened.
Appearances -- In favor Mayor James D. Griffin
Opposed None
Mr. Fahey moved that the hearing be closed.
CARRIED.
Mr. Higgins now moved that the name of the Cazenovia Park Casino be changed to
"Peter J. Crotty Casino", and the City Clerk is directed to send certified
copies of this item, pursuant to Section 286-5 of the Ordinances of the City of
Buffalo.
PASSED.
AYES-13 NOES-0.
No. 78
Council Staff
K. Pitman- Offer to Purchase Surplus Desk.
Item # 86 C.C.P. February 4, 1992
As per the request of the Common Council, I have viewed the item
referred to in the above prior council reference. While not an expert in
appraisal, I offer the following opinion:
Item # 86, C.C.P. Feb 3, 1992 - Desk- $15.00
Mr. Fahey moved:
That the communication from the Chief of Staff, Vincent J. LoVallo, dated March
18, 1992, be received and filed; and
That the Commissioner of General Services be and he hereby is, authorized to
sell a desk to K. Pitman for $15.00 (Fifteen Dollars).
PASSED.
AYES- 13 NOES- 0.
No. 79
Council Staff
D. Herbert- Offer to Purchase Desks
Item # 79 C.C.P. March 3, 1992
D. Herbert- Offer to Purchase Typewriters
Item # 80 C.C.P. March 3, 1992
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 # 79, C.C.P. Mar 3, 1992 - Two desks- $15.00 each.
Item # 80, C.C.P. Mar 3, 1992 -Royal typewriter # 3817- $ 5.00
Royal typewriter # 6543 - 10.00
Sperry Remington-101 #20653 - 15.00
Mr. Fahey moved:
That the communication from the Chief of Staff, Vincent J. LoVallo, dated March
18, 1992, be received and filed; and
That the Commissioner of General Services be and he hereby is, authorized to
sell to D. Herbert (two) Royal typewriters # 3817 & 6543 for a total of $15.00
(Fifteen Dollars) and a Sperry Remington - 101 # 20653 for $15.00 (Fifteen
Dollars) and two desks for $15.00 (Fifteen Dollars) each.
PASSED.
AYES_ 13 NOES- 0.
No. 80
Notification of Disposition of City Records
The following department(s) requested to dispose of city records
as indicated on the attached form(s). I have authorized the disposition of
these records in my capacity as City Records Management Officer.
Assessment
Public Works-Div. of Engineering
Div. of Water
Community Development
Sewer Authority
RECEIVED AND FILED.
No. 81
Environmental Notices
Attached are Environmental Notices received by me for the following
projects
Elephant enclosure- Zoological Gardens, Delaware
Park by the Buffalo Preservation Board as Lead Agency.
A copy of the above Notice(s) will be forwarded to the Environmental Management
Commission, pursuant to Section 318.8 of the Charter of the City of Buffalo.
RECEIVED AND FILED.
No. 82
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
601 Main St. TGI Friday's Dynamic Rest.
Operations of Bflo. Inc.
325 Fuhrmann Breaker's The Hop, Inc.
1047 Genesee 1047 Genesee, Inc.
283 Davey St. J.L.K, Inc.
RECEIVED AND FILED.
No. 83
Leaves of Absences Without Pay
I transmit herewith communications received by me, reporting the
granting of leaves of absences without pay, in the various departments as
listed:
Comptroller- A. Forti-Sciarrino
Street Sanitation- V. Torres, Jr.
Inspections and Community Revitalization- N. DeMartino
RECEIVED AND FILED.
No. 84
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 Stadium and Auditorium
Buffalo Sewer Authority
City Planning Board
Civil Service Commission
RECEIVED AND FILED.
No. 85
Notices of Appointments
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.
FROM THE DEPARTMENT OF ASSESSMENT
Appointment to become effective March 19, 1992 in the Department
of Assessment, Eric Herndon, 41 Lang Ave., Bflo, NY 14215 to the position of
Clerk, Seasonal at the starting salary of $5.00/hour.
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment to become effective March 18, 1992 in the Department
of Human Resources, Division of Youth, Patrician E. Oddo, 309 Richmond Ave.,
Bflo, NY 14222 to the position of attendant, temporary at the starting salary
of $4.25/hour.
Appointment to become effective March 25,1992 in the Department of Human
Resources, Division of Youth, Tonia M. Collins, 907 Glenwood Ave., Bflo, NY
14211 to the position of attendant, temporary at the starting salary of
$4.25/hour.
FROM THE DEPARTMENT OF CITY CLERK
Appointment to become effective March 23, 1992 in the Department
of City clerk, Susan Malesky, 41 Kail St., Bflo, NY 14207 to the position of
dog enforcement clerk, temporary at the starting salary of $5.98/hour.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 86
Ordinance Amendment
Ch. 216 - Garbage/Refuse
Item # 172 CCP February 18, 1992
The Western New York Chapter, American Diabetes Association, New
York Upstate Affiliate, Inc., is in support of the above ordinance amendment
requiring individuals to dispose of syringes and lancets in a sealed container.
The American Diabetes Association encourages the responsible disposal of
syringes and lancets to reduce the risk of needlestick injury.
RECEIVED AND FILED.
No. 87
BUFFALO CABLE ACCESS MEDIA
Comments-Policy Board Rules and
Regulations Changes
Pursuant to your request for a recommendation from Buffalo Cable
Access Media, as to the proposed changes of the Buffalo Public Access Policy
Boards, Rules and Regulations, dated October 10, 1992, after review by the
board of director's legal counsel the attached document is acceptable in its
current form in defining the role of the policy board with respect to issues
pertaining to development, management and operations of public access
television in Buffalo.
With regards to any purposed or future recommendations for the role of
this city appointed advisory board, BCAM recommends that the City's Corporation
Counsel be advised to determine their role, and put forth recommendations
pursuant to the needs of the City of Buffalo.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 88
BUFFALO CABLE ACCESS MEDIA
Refranchise Agreement Process
Pursuant to your request to the CATV Committee relative to the
proposed refranchisement agreement process between the City of Buffalo and TCI
of New York, Inc., the Public Access Policy Board and Buffalo Cable Access
Media (B-CAM) have come together in a joint effort and respectfully request
that the following recommendations and timeline be considered:
1.) The CATV Committee observe strict adherence to the "formal" refranchisement
process as outlined in the Cable Communications Act-1984, Provision 47 of the
U.S.. Code section 546.
2.) The CATV Committee provide ample time during the refranchisement process to
allow for a comprehensive needs assessment. We recommend the immediate
implementation of this needs assessment.
3.) The CATV Committee immediately employ the services of a consultant who
specializes in the refranchisement process and that this consultant work with
the committee throughout the entire process.
4.) That the Public Access Policy Board, as the authorized representative and
regulatory agent of the City of Buffalo and B-CAM, as operator of the Public
Access Cable Television Center for the city of Buffalo, be included in all
aspects of the refranchisement process.
5.) TCI of New York, Inc. be required to publicize all public hearings and
requests for recommendations and proposals to the refranchisement process.
6) TCI of New York, Inc. be required as part of any new agreement with the City
of Buffalo to conduct and keep on record consumer market surveys.
7.) TCI of New York, Inc. be required to pay the maximum franchise fee allowed
by law and to meet any increases allowed by law in the future.
8.) TCI of New York, Inc. be required to enter into active planning and
negotiations with the City of Buffalo for the creation and operation of an
educational channel and a governmental channel.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 89
BUFFALO STATE COLLEGE
Assist P.V.B. in Parking
Enforcement
This letter is in response to the resolution adopted February
4, 1992 by the Common Council of the City of Buffalo regarding its request for
Buffalo State College's assistance in parking enforcement.
The College will cooperate with the City by permitting the boot and tow
of scofflaw vehicles located on college property but we are unable to withhold
semester report cards and college transcripts for outstanding city summonses.
The Legal Affairs Office of the State University of New York has advised us
that the University is permitted to withhold transcripts for a student for a
debt owed solely to the University, not to a third party. The College
therefore, has no authority to withhold transcripts for debts owed to the City
of Buffalo.
Please let me know if you wish to discuss this matter any further.
REFERRED TO THE COMMITTEE ON FlNANCE.
No. 90
CANISIUS COLLEGE
Deny Assistance to P.V.B. in Parking Enforcement
Please consider this the official response from Canisius College
to the resolution passed on February 4,1992, by the Common Council related to
problems associated with delinquent parking fines attributed to students at
area colleges. The resolution asks that the Parking Violations Bureau be
permitted to boot and tow scofflaw vehicles located on our property and that we
consider withholding grades and transcripts until all outstanding summonses are
satisfied.
As a private institution, Canisius College is not comfortable inviting
municipal representatives onto its property to impound vehicles. We cannot, in
good conscience, accede to that request.
Similarly, the College has an obligation to provide semester grades and
transcripts to all students who are in good standing with the College. One's
status as being delinquent regarding parking fines does not compromise one's
standing with the College, so we will not accede to that request, either.
The College is not insensitive to the challenges the City faces regarding
parking scofflaws, however. Therefore, using information provided to us by the
Parking Violations Bureau, we are undertaking a letter-writing campaign
advising students currently enrolled that we are aware of their status as
scofflaws, that we are concerned about that status, and that we encourage them
to discharge their obligations to the City at their earliest convenience. We
hope that this will have a positive effect and will provide the Parking
Violations Bureau with another means of access to persons who have fallen in
arrears. We recognize that Canisius College has issued summonses that are in
substantial arrears, but that a far greater number of our summonses have been
paid in full. We hope the Common Council recognizes that and realizes the net
worth of Canisius College's using City of Buffalo summonses.
We hope that our response addresses the concerns of the Common Council.
Should questions arise, I will be most happy to answer them.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 91
Claim for Acting Pay
Mr. Jesse J. Carmichael
Asst. Director BMHA/HUD Program
I am requesting acting pay for myself, Jesse J. Carmichael, Assistant
Director of Substance Abuse Services, who acted in the title of Division
Director from November 18, 1990 to March 12, 1991. The total amount of acting
pay is $3,555.45. The breakdown is as follows:
Director Daily Rate $170.515
Asst. Director Daily Rate -123.423
Difference in Pay $ 47.092 x 75.5 days = $3,555.45
Pay Period # 11 11/12/90-11/25/90 03 days
Pay Period # 12 11/26/90-12/09/90 10 days
Pay Period # 13 12/10/90-12/23/90 10 days
Pay Period # 14 12/24/90-01/06/91 08 days
Pay Period # 15 01/07/91-01/20/91 10 days
Pay Period # 16 01/21/91-02/03/91 09 days
Pay Period # 17 02/04/91-02/17/91 9.5 days
Pay Period # 18 02/18/91-03/03/91 09 days
Pay Period # 19 03/04/91-03/17/91 07 days
Your consideration is greatly appreciated.
REFERRED TO THE COMMITTEE ON CLAIMS.
No. 92
A. Eve, Jr. and Others, favor cabaret license
for New Cotton Club.
REFERRED TO THE COMMITTEE ON LEGISLATION, KEN-BAILEY N.H. S. AND
KEN-BAILEY BLOCK CLUB COUNCIL.
No. 93
NYS LIQUOR AUTHORITY
Glass House Social Club
Please be advised that our records indicate that no license to
sell alcoholic beverages has ever been issued by the Authority for the premises
located at 1495 Genesee Street.
I also note that applications were made in 1980, 1981, and 1983 which
were disapproved.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 94
NIAGARA FRONTIER TRANSPORTATION AUTHORITY
Tonawanda Railbus/Amherst Corridor
Report Summaries
In the interest of keeping the Buffalo Common Council apprised
of NFTA's transit planning activities, please find attached copies of the
Executive Summaries of Final Reports for two recently completed corridor
studies, the Tonawandas Corridor Railbus Feasibility study and the Amherst
Corridor Economic Development/Value Capture Study. Copies of the Final Reports
are available from my office upon request.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 95
PLACID PARKER
Protest Grass Cutting Charges
35-41 Chester St.
During the summer of year 1991, a notice was sent to my residence,
concerning City Grass Cutting Service on these lots:
Invoice # Date of Invoice 6/28/91
1. ARGC -0984 Cut on 6/12/91
37 Chester St.
2. ARGC - 0985 " "
39 Chester St.
3. ARGC- 0983 " "
35 Chester
4 ARGC- 0986 " "
41 Chester
I sent a letter of complaint to the Division of Lot/Property Inspections;
of a service fee for grass cutting which did not occur then, and the same
matter has come up again.
I insist that the grass cutting was not DONE ON THESE LOTS, & THAT I DO
NOT OWE THE CITY ANYTHING FOR THIS SERVICE:
Furthermore:
I have owned & maintained these lots since I purchased them at City auction,
over 10 years ago.
I have a maintenance-worker to cut the grass yearly whom I pay (& I have
receipts to prove this) & I personally drive by to check the work & lots in
question.
I purchased a riding lawnmower in 1991 to easily further continue maintenance
of these lots. &
Lastly, I deduct reasoning, The lots are adjacent to one another, totaling 8
lots, Why are the above lots identified as being cut and the others next to
them omitted, the lots are all alike. As I look across the street, ( corner of
Waverly & Woodlawn) East Side large lots, City owned, in the summer of (1990 &
91) Grass Grew waist high & Trash & litter, was ignored by city workers & lots
remained unsightly.
I feel harassed & unjustly identified in this matter & ask that you will look
into this error of service & remove my name from the computer listing.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF STREETS AND THE
COMMISSIONER OF ASSESSMENT.
No. 96
PENN ADVERTISING
Ordinance Amendment Ch. 175 (387) Signs
Pursuant to the resolution offered by Councilmember David Collins
as regards annual permit fees for non-accessory signs, attached please find an
accounting of payments made by Penn Advertising as regards non-accessory signs.
These include taxes paid on the sign structures as well as property owned by
Penn Advertising in the City of Buffalo, payment on the City Lease for
non-accessory signs located on City property and County of Erie taxes on
property and sign structures located in the City of Buffalo.
The present legislation being offered would thus introduce license fees on sign
structures that are already being taxed and as the amount of the new fees would
be approximately $140,000.00 per year it would become financially burdening to
Penn Advertising's viability to operate.
As a corporate citizen of the City of Buffalo, Penn Advertising has no
opposition to paying fair taxes. But to add these additional fees upon the
monies already paid, as well as charges for State of New York licenses for
signs located in the City of Buffalo, and all other fees and taxes throughout
the metropolitan area would indeed be a heavy burden to carry.
Thus I would ask that you consider this proposed legislation on a basis of
fairness, and ask that you voice your opposition to this new proposal.
I thank you for your consideration on this matter and would ask should you have
any further questions on this matter, or if the undersigned may be of further
assistance, please contact this office.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 97
PENN ADVERTISING
Oppose Additional Fee for
Non-Accessory Signs
As the General Manager of Penn Advertising, it is imperative that
I respond to the letter from Frank Vespe, who writes on behalf of his
organization, Scenic America.
The outdoor advertising industry does require rules and regulations to keep the
few companies from ruining the many who, like Penn Advertising, follow the
regulations of the communities it serves. Buffalo has enacted fair legislation
to prevent such degradation.
Penn Advertising is dedicated to making a positive contribution to all the
communities where we do business. We currently pay taxes on over $2.5 million
assessed valuations of our structures and our building. To assess new permit
fees on top of the permit fees we already pay would be harmful to our business.
These fees would result in lost jobs, lay offs, and cutbacks at a time when we
already have cut back both jobs and hours to try and meet our monthly budgets.
If fees or taxes are going to be put on us, vote to put them on all signs and
be fair on this issue.
This industry is being targeted for no apparent stated reason other than the
so-called "clean up" of the "scenic environment". Scenic America is an
organization with one and only one goal in mind - to eliminate all outdoor
advertising, no matter whose property rights or personal rights are being
violated. Their mission is not, as the name implies, to beautify America.
They do not seek to stop companies that truly pollute the earth, water and air.
Their quest is to put a billion dollar industry, with over 100,000 employees
nationwide, out of business so that the landscape can be seen while driving.
In Mr. Vespe's letter he states that, since the average outdoor company charges
$476 monthly for poster panels and $2,522 monthly for bulletins, we can easily
incur more permit fees. Perhaps Mr. Vespe has never run a business. Does he
actually believe that 100% profit is made on every billboard? In addition, his
premise of total cash flow does not allow for any vacancy amount which is
substantial at certain periods of the year because ours is a cyclical and a
seasonal business. There are many costs involved in the painting and posting of
each billboard, including the time and labor of our union employees. We have
carefully studied our costs and determine the fair market rate for our clients.
That rate also provides profit to our company, which allows us to exist in the
Buffalo area.
A billboard has never polluted the ground or soiled the air we breath. They
give motorist vital information, provide jobs locally, provide government
revenue in permit fees and taxes, economic development for local business, and
even income to thousands of landowners who depend on our rental checks. If it
were up to Scenic America there would be no signs, no commercial shopping
areas, not even any state directional road signs! Let's not allow one narrow
special interest group determine the future of an entire industry
I have included, for your information, brochures on outdoor advertising as a
major part of the American advertising industry. As always, I am available to
discuss my industry and local business with you.
Thank you for your support on this issue.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 98
Royal Ballet Academy students, parents and staff, request action to bring 1186
Hertel Avenue into code compliance.
RECEIVED AND FILED.
No. 99
THOMAS SANTA LUCIA
Approval Process for Taylor Law Impasse Salary Ordinance
I have read letter dated March 17, 1992 from Lawrence K. Rubin,
Esq., Corporation Counsel, to Comptroller Joel A. Giambra. I do not know if Mr.
Giambra posed the question as indicated by Mr. Rubin, to wit "Does the Order by
Justice Whelan..... preempt the provisions of the City Charter on the procedure
which must be followed for the implementation of the requisite salary
ordinance?" Mr. Rubin may indeed be correct in suggesting to Mr. Giambra that,
where permissible, the provisions of the Buffalo City Charter should be
employed.
Without suggesting an alternate procedure, if any, salary ordinances have
now been prepared to effect pay raises imposed by the Council back in
September, 1991. There is nothing wrong with the Council voting on these
ordinances, presenting them to the Mayor for signature, the Comptroller acting
in whatever normal fashion he acts, etc.
Indeed, that procedure, following usual and routine standards, is
perfectly proper.
A problem would arise, of course, if the Mayor vetoed or attempted to
veto the Council's actions. That, of course, would not be permitted as clearly
pointed out in Justice Whelan's Decision. The Council's action in imposing the
pay raises last September were permitted by State law (Taylor Law). Justice
Whelan has clearly ruled that to be the case.
Again, in furtherance of its actions, the Council has now enacted
ordinances so that the amount of the raises could be clearly applied to the
persons receiving the benefit. Any actions required of the Mayor, the
Comptroller, or anyone else, to accomplish this clarity are purely ministerial
in nature and require no discretion whatsoever from anyone concerned. This,
too, is clear from Justice Whelan's Decision.
I cannot tell from his March 17 letter if Mr. Rubin was indeed arguing
with that analysis. He may very well be saying, in effect, once the Council
has embarked on a usual procedure, let's cross all the t' s and dot all the i'
s so that the Court mandated imposition is accomplished.
Not to beat a dead horse, permit me to remind you that it has always been
my position that the City should, and in fact must, utilize the provisions of
the the Buffalo Charter ,where those provisions are not in conflict with
general State law. This is the mandate of New York's Home Rule Law.
This same Home Rule Law requires that any component of the Buffalo
Charter which is in conflict with State Law (as in this instance the Taylor
Law) must give way to the general State Law.
Where, normally, the Provisions of the Charter grant the Mayor and the
Comptroller discretion in certifying the decisions of the Council to provide
raises to city workers, the same provisions must give way to the State Law
which does not permit such discretion.
Simply put, to even suggest that the Mayor, for example, could now veto
actions by the Council would suggest that the Mayor would have the right to
veto State Law. That, of course, would be impossible.
Justice Whelan's Decision in the two cases before him reflects the
opinion I have always advanced that, Where practicable, City Officials should
utilize the provisions of the Buffalo Charter to effectuate the raises for City
workers. Further, it was clear from the Justice's Decisions that where there
was some conflict between the Charter provisions and the Taylor Law, actions
required by the Charter to effectuate Taylor Law mandates became ministerial.
On February 24,1992, Justice Whelan wrote to counsel for the various
parties involved in the lawsuits and stated, in part
"...the Order reflects the Court's decision that the various city officials are
"directed to take such action", there is no discretion. I read the Order as
simply saying the Mayor does not have to do what the Comptroller must do, etc.,
under the City Charter."
One should not seek to argue with Mr. Rubin if he is suggesting that the
Charter should be followed right down the line as long as Mr. Rubin is not
suggesting that the Charter prevails over State Law. He has not said that in
his letter to Mr. Giambra and I do not think he intends that to be the case.
Hopefully, within the next several days, it will be recognized that the
Council and the Council alone has the power, under the Taylor Law, to impose or
deny pay raises. In this instance, it has chosen to provide the raises and
Justice Whelan has ruled that its actions were proper and permitted under State
Law.
RECEIVED AND FILED.
No. 100
F. VESPE
Refute Penn Advertising claims
In his response to my letter of February 23, Mr. Dennis Minogue
of Penn Advertising makes a number of assertions which fly in the face of
facts.
Mr. Minogue's unwarranted, irrelevant attack on Scenic America' is
littered with ridiculous claims. I do not intend, however, to address them.
Scenic America's mission and methods are not in question. The issue at hand is
Buffalo's ability to rid itself of illegal billboards and to ensure that future
billboard proliferation occurs in an orderly, controlled fashion.
Mr. Minogue's not-so thinly veiled threat is that increased permit fees
will force Penn and other billboard companies to cut back services and lay off
employees. He indicates that the thin profit margin of billboard companies
would be severely threatened by such fees. Yet, according to Arte Moreno,
chief executive of outdoor Systems, Inc. of Phoenix, "A finely tuned (outdoor)
company can operate at 40% profit margins. Name me a business that can do
better than that." (quoted in "Adweek's Marketing Week," July 8, 1991). Surely
a reasonable permit fee will do little damage to an industry operating with
such large margins.
The cutbacks envisioned by Mr. Minogue will lead inevitably to layoffs,
he claims. Such layoffs will harm this industry which, he says, employs over
100,000 Americans. Ironically, the U.S. Census Bureau found fewer than 14,000
Americans employed by the billboard industry.
The billboard industry often trumpets the vital services it supposedly
provides. While many signs -- on-premise signs, "logo" signs along
interstates, and so on -- provide vital motorist information, Advertising Age
figures indicate that fewer than one in six dollars spent on billboard
advertising are spent for traveler services. Meanwhile, the top seven users of
billboards are tobacco or alcohol manufacturers.
Livable communities control billboards because doing so improves the
quality of life. Hundreds of communities nationwide have banned billboards, as
have four states (Vermont, Maine, Alaska, and Hawaii). Billboard control has
broad support at the national level, as well; over 40 national environmental
organizations support strict billboard control.
Effective control of outdoor advertising is critical to preserving
community character and a good quality of life. St is typical of the billboard
industry to support regulations but not the means to enforce them. The
legislation proposed by Mr. Collins will enable the city of Buffalo to control
outdoor advertising but will hardly put the industry out of business.
As a nation, we have spent billions of dollars to clean our air and
water. Yet we have done relatively little to preserve our scenic resources or
our community character. Mr. Collins' proposal can be a vital component in
enabling Buffalo to accomplish these vital goals. I once again urge your
support of it.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 101
TCI OF NEW YORK, INC.
Comments on TCI Performance
In response to your letter of February 27, 1992 requesting information
on TCI of New York, Inc. for the special committee on CAB performance, I am
pleased to give you the following information relative to:
1. Information on TCI national programming contracts and how
this affects rates.
2. Record of customer complaints for every year TCI has been
operating in Buffalo.
3. TCI's plans for utilization of unused channel capacity.
Thank you for the opportunity to provide you with this information.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
PETITIONS
No. 102
J. P. Giambrone, owner, petition to use 518-524 Niagara Street for a sit-in
restaurant/stores/3 apts.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 103
Main Seneca Corporation, owner, petition to use 270 Michigan for a billboard
sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 104
Vivian Holden, owner, petition to use 956 Niagara St.
for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 105
Buffalo White GMG, Inc., owner, petition to use 271 Dingens
St. for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 106
Atlantic Refining, owner, petition to use 1390 Delaware Avenue
for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 107
Atlantic Refining, owner, petition to use 761 E. Delavan Avenue
for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 108
Atlantic Refining, owner, petition to use 1266 E. Delavan Avenue
for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 109
Atlantic Refining, owner, petition to use 1490 Fillmore Avenue
for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 110
Atlantic Refining, owner, petition to use 1981 Fillmore Avenue
for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 111
Atlantic Refining, owner, petition to use 855 Sycamore Street
for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
REGULAR COMMITTEES
CIVIL SERVICE
HON JAMES W. PITTS
CHAIRMAN
No. 112
APPROVAL OF MEMORANDUM OF
AGREEMENT BETWEEN LOCAL 815
C.S.E.A. (SECURITY) AND BMHA
(ITEM NO. 80, C.C.P., MAR. 17, 1992)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
That the Chairman and the Executive Director of the Buffalo Municipal
Housing Authority be and hereby are authorized to execute the Memorandum of
Agreement between the Buffalo Municipal Housing Authority and Local 815,
C.S.E.A. representing Housing Security Officers and Sergeants, attached to the
above item.
PASSED.
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA,
PITTS- 10.
NOES- BAKOS, LOTEMPIO, ZUCHLEWSKI- 3.
No. 113
Notices of Appointments (C. Clerk)
(Item # 86 CCP Mar 18 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 114
City Budget Deficit Accounting (A&F)
(Item # 76 CCP Mar 17, 1992)
That the above mentioned Item be and the same is hereby referred
to the Budget Committee.
ADOPTED.
No. 115
City-wide Payroll Projections (Compt)
(Item # 26 CCP Mar 17, 1992)
That the above mentioned Item be and the same is hereby referred
to the Budget committee.
ADOPTED.
No. 116
Police/Fire Medical costs Exceeding Budget (A&F)
(Item # 75 CCP Mar 17, 1992)
That the above mentioned Item be and the same is hereby referred
to the Budget Committee.
ADOPTED.
No. 117
Status Of Overtime For City Employees
(Item # 23 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby referred
to the Budget Committee.
ADOPTED.
No. 118
Overtime Report (Compt)
(Item # 22 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby referred
to the Budget Committee.
ADOPTED.
No 119
Status Of Employee Overtime (A&F)
(Item # 74 CCP Mar 17, 1992)
That the above mentioned Item be and the same is hereby referred
to the Budget Committee.
ADOPTED.
No. 120
Establish Fee For Event Permit (A&F)
(Item # 77 CCP Mar 17, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
Parking Violation Bureau/Saturday Hours (Mayor)
(Item # 4 CCP Mar 17, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
New Parking Meter Revenues (A&F)
(Item # 73 CCP Mar 17, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
K.Vaughn/Reduce Concession Rent (# 9 2/4)
(Item # 115 CCP Mar 17, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
LaSalle Park concession/Reduce Concession Rent (CC)
(Item # 116 CCP Mar 17, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
ORDINANCE AMENDMENT CHAPTER 309-28
OF CHAPTER 175
PARKS & OTHER OPEN SPACE
(ITEM NO. 172, C.C.P. MARCH 17, 1992)
That the Ordinance Amendment as contained in Item No. 172, dated
March 17, 1992, be and the same hereby is approved.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI- 11.
NOES- FAHEY, PITTS- 2.
No. 126
Edwin Martinez, Jr./Excessive Absence/Board Of Assessment
(Item # 83 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
Report Of Audit/Civil Service Commission (Compt)
(Item # 41 CCP Dec 23, 1991)
That the above mentioned Item be and the same is hereby referred
to the Civil Service Committee.
ADOPTED.
No. 128
Report Of Audit/Pilot Field Lease (Compt)
(Item # 25 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
BEDC/Pilot Field Tent Party Revenues (#48 1/7)
(Item # 151 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 130
Pilot Field Tent Receipts (CD) (161 1/21)
(Item # 152 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 131
Pilot Field Tent Party Revenue (A&F)
(Item # 69 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 132
Pilot Field Tent Party Revenue (Compt)
(Item # 18 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 133
CITY OF BUFFALO, OWNER, PETITION TO REZONE 915 WALDEN AVENUE FROM M-1 TO R-3
DISTRICT
TO CONSTRUCT 37 SINGLE FAMILY HOMES
(Item No. 94, C.C.P., 3/17/92)
That the Common Council of the City of Buffalo does hereby ordain
as follows:
That that part of the Zoning Ordinance of the City of Buffalo, Chapter
511, Article XXV, Section 511-26, as it relates to the use map thereof be
amended to show "R-3" district rather than an "M-1" district for the premises
known as 915 Walden Avenue and more particularly described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County
of Erie and State of New York, being part of Lot 42, Township 11, Range 7 of
the Holland Land Company Survey and being further described as follows:
Beginning at a point on the south line of Walden Avenue, a distance of
721.93 feet west of the east line of the City of Buffalo, said point also being
the northwest corner of sublot l of map cover 325 as filed in the Erie County
Clerk's Office; thence westerly along the south line of Walden Avenue a
distance of 66.00 feet to the northeast corner of Sublot 29 of Map Cover 325;
thence south along the east line of said Sublot 29, a distance of 150.00 feet
to the southeast corner of sublot 29 and the northeast corner of lands of the
City of Buffalo Urban Renewal Agency; thence southerly along the east line of
lands of the City of Buffalo Urban Renewal Agency at an interior angle of
180-00', a distance of 130.55 feet to a point; thence southeasterly along the
easterly line of lands of the City of Buffalo Urban Renewal Agency, at an
interior angle of 161-54'-IS", a distance of 349.20 feet to a point; thence
southerly at an interior angle of 198-24 '-30", a distance of 253.48 feet to a
point; thence easterly at an interior angle of 90-00', a distance of 525.62
feet to the east line of the City of Buffalo; thence northerly along said east
line, at an interior angle of 99-49 '-05", a distance of 730.20 feet to a point
being the southeast corner of sublot 23 of map cover 325; thence westerly at an
interior angle of 79-52 '-10", along the south line of map cover 325, a
distance of 695.13 feet to the southwest corner of sublot l of map cover 325;
thence northerly at right angles to the previously described line and at right
angles to the south line of Walden Avenue, a distance of 150.00 feet to the
point or place of beginning containing 10.66 acres, more or less.
and
That this rezoning shall not be effective unless and until a certified
copy thereof has been filed by the petitioner in the offices of the Erie County
Clerk and proof of such filing has been filed with the City Clerk.
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
R. PETER MORROW
Deputy Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
No. 134
W. HARTNETT & T. HYLAND, OWNERS, PETITION
TO USE 865 ELK STREET FOR A FLOATING DOCK
AT AN EXISTING SIT-IN RESTAURANT
(Item No. 95, C.C.P., 3/17/92)
That after a public hearing held before the Committee on Legislation
on March 24, 1992 the petition of W. Hartnett and T. Hyland to use 865 Elk
Street for a floating dock at an existing sit-in restaurant, be and the same
hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 135
Request Rezoning Of Former School 85 Edison
(Item # 161 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 136
NFTA/Request Easement (PW)
(Item # 46 CCP Oct 1, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 137
T.G.I. FRIDAYS REQUESTS
PERMISSION TO INSTALL SIDEWALK CAFE
(ITEM NO. 45, C.C.P., MAR. 17, 1992)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Thomas Caley of Caley & Louis Architects,
acting as agent for Mr. Gene Vitagliano of Dynamic Enterprises, Inc., owners of
the Journeys End Hotel, located at the northeast corner of Main and Chippewa
Streets, to install a sidewalk cafe and awnings which would encroach city
right-of-way at said address, subject to the following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed 110 feet in length or extend more
than 12 feet from the building face.
4. That the applicant remove the wrought iron rails between brick piers, and
remove the northernmost brick pier from city right of way from November 15 to
April 1 each year.
5. That the applicant be assessed the annual fee of $1.05 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 of Buffalo Ordinances.
6. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000) 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 and awning.
7. Approval by Buffalo Place.
PASSED.
AYES- 13 NOES- 0.
No. 138
Ordinance Amendment/Ch. 133/Outdoor Advertisement
(Item # 34 CCP Mar 17, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No .139
ORDINANCE AMENDMENT
CHAPTER 216 - GARBAGE, RUBBISH AND REFUSE
(ITEM NO. 184, C.C.P., MARCH 17, 1992)
That the Ordinance Amendment as contained in Item No. 184, dated
March 17, 1992, be and the same hereby is approved.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, ZUCHLEWSKI- 12.
NOES- PITTS- 1.
No. 140
ORDINANCE AMENDMENT
CHAPTER 216 - GARBAGE, RUBBISH AND REFUSE
(ITEM NO. 185, C.C.P. MARCH 17, 1992)
That the Ordinance Amendment as contained in Item No. 185, dated
March 17, 1992, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 141
Ordinance Amendment/Ch 294/Nuisance Abatement (Assmt)
(Item # 35 CCP Mar 17, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 142
Ordinance Amendment/Ch 511/Non Accessory Signs
(Item # 168 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby referred
to the Committee on Finance.
ADOPTED.
No. 143
F. Vespe/Supports Fees/Non-Accessory Signs
(Item # 87 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby referred
to the Committee on Finance.
ADOPTED.
No. 144
Ordinance Amendment/Ch 511/Non-Accessory Signs (Assmt)
(Item # 36 CCP Mar 17, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 145
Elm Leaf Beetle Control Recommendation (Pest Bd)
(Item # 13 CCP Mar 17, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 146
S. Danton/Litter In the City
(Item # 89 CCP Mar 17,1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 147
G&E Management/Enforce Laws/Pro Life Demonstration
(Item # 99 CCP Mar 17, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 148
APPOINTMENT OF COMMISSIONER
OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT
ITEM NO. 1, C.C.P., MAR. 17, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fahey moved:
That the appointment by the Mayor of Samuel F. Iraci, Jr., 166 Nicholson
Avenue, Buffalo, New York 14216 as Commissioner of the Department of Community
Development, effective March 9, 1992, be and hereby is confirmed.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 149
APPOINTMENT OF MEMBER OF
THE BUFFALO SEWER AUTHORITY
ITEM NO. 2, C.C.P., MAR. 17, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
ADOPTED.
No. 150
APPOINTMENT OF MEMBER OF
THE BUFFALO PRESERVATION BOARD
ITEM NO. 3, C.C.