HomeMy WebLinkAbout96-0723
No. 15
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, July 23, 1996
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Joel A. Giambra
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Rosemarie LoTempio
COUNCILMEMBERS-AT-LARGE
Beverly Gray
Barbra Kavanaugh
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola Delaware
Barbara Miller-Williams - Ellicott
David A. Franczyk Fillmore
David J. Czajka Lovejoy
Byron Brown Masten
Robert Quintana Niagara
Dale Zuchlewski North
Bonnie K. Lockwood South
Kevin J. Helfer University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: David J. Czajka, Chairman, Alfred T. Coppola, Kevin J.
Helfer,David Franczyk, Barbara Miller-Williams, Members
CLAIMS COMMITTEE
: Bonnie K. Lockwood, Chairman, Kevin J. Helfer, Alfred T.
Coppola, David Franczyk, Barbara Miller-Williams, Members
COMMUNITY DEVELOPMENT COMMITTEE:
Dale L. Zuchlewski Chairman, Barbara
Miller-Williams, Byron Brown, Kevin J. Helfer, Robert Quintana, Rosemarie
LoTempio Members.
FINANCE COMMITTEE:
David A. Franczyk, Chairman, Byron Brown, Beverly Gray,
Kevin J. Helfer, Bonnie K. Lockwood, Dale Zuchlewski Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman, David J. Czajka, Kevin J.
Helfer, Rosemarie LoTempio, Robert Quintana Barbra Kavanaugh Members
RULES COMMITTEE:
James W. Pitts, Chairman, Kevin J. Helfer, Rosemarie LoTempio,
Members
EDUCATION COMMITTEE:
Barbra A. Kavanaugh Chairman, Dale Zuchlewski, Kevin J.
Helfer, Beverly Gray, Bonnie K. Lockwood, Barbara Miller-Williams Members
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE:
James W. Pitts, Chairman, Beverly
Gray, Robert Quintana, Alfred Coppola, Kevin J. Helfer.
BUDGET COMMITTEE:
Rosemarie LoTempio, Chairman, Alfred T. Coppola, David
Franczyk, Kevin J. Helfer, Byron Brown
ERIE BASIN MARNA LEASE COMMITTEE:
James W. Pitts, Chairman, Kevin J. Helfer,
Bonnie K. Lockwood, Carl A. Perla, Jr.
POLICE REORGANIZATION COMMITTEE:
David J. Czajka Chairman; Kevin J. Helfer,
Rosemarie LoTempio.
TASK FORCES
AUDITORIUM AND STADIUM TASK FORCE:
James W. Pitts, Chairman, Kevin
J. Helfer, Bonnie K. Lockwood, Rosemarie LoTempio, Corporation
Counsel/Designee, Commissioner of Public Works/Designee, Commissioner of
Community Development/Designee, Commissioner of Administration and
Finance/Designee, President of Development Downtown.
ERIE BASIN MARINA TASK FORCE:
James W. Pitts, Chairman, Kevin L. Helfer, Bonnie
K. Lockwood, Comptroller/Designee, Commissioner of Public Works/Designee,
President of Slip Renter's Assoc./Designee, Buffalo Sabres/Aud Club.
PARKS CONSERVANCY TASK FORCE:
David A. Franczyk, Chairman, Kevin J. Helfer,
Dale L. Zuchlewski, John Scardino, Robert Kresse, Pamela DiPalma, Mark
Mistretta, Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Thomas J.
Barnes, Wes Olmsted, Robert Meldrum, Paula Mulligan, Louise Snyder, Rev. Benny
Sheppard, Friends of Olmsted designee, Commissioner of Parks/Designee,
Commissioner of Public Works/Designee, Commissioner of Community
Development/Designee.
GREENWAY TASK FORCE:
Bonnie Kane-Lockwood, Chairman, James August, Frederick
Holman, Barry Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark Mistretta,
Thomas Pallas, Philip Snyder, Lorraine Pierro, Cynthia Schwartz, Ann Poole,
Suzanne Toomey-Spinks, Dr. Rae Rosen, Margaret Wooster, Jerry Malloy, David P.
Comerford, Tammy Barnes, Terry Wherry
CARBON MONOXIDE TASK FORCE:
David Czajka Chairman, Fred Larson, Matthew Baudo,
Paul Mielcarek, David Pierowicz, Phil Haberstro, Mike Rabb, Donna DeCarolisle,
Jay Burney, Mark Kubiniec, Yerby Dixon.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
Tuesday, July 23, 1996
at 2:00 P.M.
PRESENT - David Franczyk, President Pro Tempore and Councilmembers:
Brown, Coppola, Czajka, Gray, Helfer, Kavanaugh, Lockwood, LoTemplo, Quintana,
Zuchlewski - 11
Absent - James W Pitts, Acting Mayor, Councilmember Williams - 2
On a motion by Mrs. LoTempio, the minutes of the state meeting held July 9,
1996 were approved.
Seconded by Mrs. Lockwood.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 1
New Bethel Com., Request to Establish
Soup Kitchen at 167 Englewood Ave.
Item No. 84, C.C.P., 4 /2/96
The City Planning Board at its regular meeting held Tuesday, July
16, 1996 considered the matter captioned above and voted to receive and file it
since your Honorable Body has already voted to deny (Item No. 118, C.C.P.,
7/9/96).
RECEIVED AND FILED
No. 2
M. Doran, Request to Erect a Ground Sign
1234 Delaware Avenue
Item No. 79, C.C.P., 7/9/96
The City Planning Board at its regular meeting held Tuesday, July
16, 1996 considered the matter captioned above pursuant to section 387-19 of
the Buffalo Code, Review of Ground Signs.
The applicant seeks to place a non illuminated, accessory, ground sign which
will measure 6 feet by 4 feet in sign face area (24 square feet) and will be 8
feet in overall height.
The site is located in an R5 zone which does not permit such signs.
Consequently, the applicant has petitioned the Zoning Board of Appeals for a
variance. Under SEQR the proposed sign is considered a Type II action which
does not require further environmental review.
The Planning Board voted "no objection" to the sign noting that other signs of
this type have been approved in the past which reflect the transformation of
uses on Delaware Avenue from residential to non residential users.
RECEIVED AND FILED
No. 3
T. Gang, Request to Erect an Outdoor Patio and Ramp
2134 Seneca Street
Item No. 80, C.C.P., 7/9/96
The City Planning Board at its regular meeting held Tuesday, July
16, 1996 considered the matter captioned above pursuant to sections 511-64 and
511-128 of the Buffalo Code, Seneca Street Special Zoning District and Urban
Renewal Plan.
The applicant seeks to place a deck and handicapped entrance ramp adjacent and
contiguous to his restaurant in his parking lot.
The site is located in the Seneca Street zoning district and urban renewal area
which permits such uses but only upon the approval of your Honorable Body. The
entire deck and ramp will be built on private property. Under SEQR the
proposed deck and ramp are considered type II actions which do not require
further environmental review.
The Planning Board voted to approve the proposed restaurant expansion with the
following conditions: 1) that no music is played from the deck area, 2) that
the deck area be closed by 11:00 p.m. daily, and 3) that there are no trash
receptacles placed in the deck area.
RECEIVED AND FILED
No. 4
R. Lesser, Request to use 185 Allen Street
for a Restaurant and Outdoor Patio
Item No. 82, C.C.P., 7/9/96
The City Planning Board at its regular meeting held Tuesday, July
16, 1996 considered the matter captioned above pursuant to section 511-57 of
the Buffalo Code, Allen Street District.
The applicant seeks to convert an existing retail space and an adjoining
courtyard into a sit-in restaurant. The proposed outdoor cafe will be located
entirely on private property.
The site is located in the Allen Street Business District which permits the
establishment of eating and drinking places upon the approval of your Honorable
Body. Under SEQR the proposed cafe and expansion is considered an unlisted
action which may be studied via uncoordinated review. The site is also located
in the Allen Preservation District and must, therefore, be reviewed by the
Buffalo Preservation Board.
The Planning Board voted to approve the proposed restaurant and outdoor cafe
with the following conditions: 1) that no music is played from the deck, and 2)
that there are no trash receptacles placed in the deck area.
RECEIVED AND FILED
No. 5
R. Chainani, Request to Use 1116 Elmwood
for a Sit-In Restaurant
Item No. 83, C.C.P., 7/9/96
The City Planning Board at its regular meeting held Tuesday, July
16, 1996 considered the matter captioned above pursuant to section 511-56 of
the Buffalo Code, Elmwood Avenue Business District.
The applicant seeks to convert an existing retail space into a sit-in
restaurant and to build an addition at the rear of the existing building. The
floor area of the existing retail area is 2,000 square feet and the proposed
addition will measure 900 square feet in area.
The site is located in the Elmwood Avenue Business District which permits the
establishment of eating and drinking places upon the approval of your Honorable
Body. Under SEQR the proposed cafe and expansion is considered an unlisted
action which may be studied via uncoordinated review.
The Planning Board voted to approve the proposed restaurant.
RECEIVED AND FILED
No. 6
Qual-Econ Leasing, Request to Erect an Outdoor Patio
1516 Niagara Street
Item No. 87 , C.C.P., 6/11/96
The City Planning Board at its regular meeting held Tuesday, July
16, 1996 considered the matter captioned above and voted to receive and file it
since your Honorable Body has already voted to approve the outdoor cafe (Item
No. 116, C.C.P., 7/9/96).
RECEIVED AND FILED
No. 7
Fleming Co., Inc. (Jubilee Food)
Petition to Rezone a Portion of 416-486 Kenmore Ave.
from R2 to C2 (S.D.P. #27)
Item No. 98, C.C.P., 6/25/96
The City Planning Board at its regular meeting held Tuesday, July
16, 1996 considered the matter captioned above pursuant to section 511-126,F of
the Buffalo Code, Special Development Plans. Under SEQR the proposed rezoning
is considered an unlisted action which may be studied through uncoordinated
review.
The Planning Board voted to approve the attached Special Development Plan No.
27.
RECEIVED AND FILED
No. 8
C. Haun, Request to Place Sidewalk Cafe
951 Elmwood Avenue (A.K.A. 141 Bidwell Parkway)
Item No. 81, C.C.P., 7/9/96
The City Planning Board at its regular meeting held Tuesday, July
16, 1996 considered the matter captioned above pursuant to sections 511-56 and
511-413-59 of the Buffalo Code, Elmwood Avenue Business District and Review of
Sidewalk Cafes.
The applicant seeks to place a 10' by 30' sidewalk cafe which will encroach the
right-of-way of Elmwood Avenue. Ten feet of unobstructed sidewalk will remain
beyond the perimeter of the cafe and no public appurtenances will be affected
by it.
The site is located in the Elmwood Business District which permits the
expansion of eating and drinking places upon the approval of your Honorable
Body. Under SEQR the proposed cafe and expansion is considered a type II
action which does not require further environmental review.
The Planning Board voted to approve the proposed restaurant expansion with the
following conditions: 1) that no music is played from the deck area, and 2)
that there are no trash receptacles placed in the deck area.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE PRESERVATION BOARD
No. 9
Resolution #187, 6/25/96
Breckenridge Street Church
In reference to the above captioned item, the Buffalo Preservation
Board wholeheartedly supports the Common Council in its endeavor to encourage
Rich Products, the current owner, to repair and restore the former Breckenridge
Street Church at 44 Breckenridge Street.
The former Breckenridge Street Church built in 1827 is the oldest and rarest
standing brick structure in Buffalo and is a local historic landmark designated
by Your Honorable Body on September 29, 1992.
The Board agrees that demolition by neglect should be avoided at all costs and
every effort should be explored to save this extremely important landmark.
If you should have any questions, you may contact Thomas W. Marchese, Board
Secretary at 851-5029.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE COMPTROLLER
No. 10
Certificate of Necessity
Capital Budget Amendment
Authorization for Additional Capital Indebtedness
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 359 of the Charter, that it is necessary
to authorize an increase in indebtedness for Capital Projects Program, provided
by the Common Council prior to July 1, 1996 for the ensuing fiscal year, by
adding the following item.
Dated: Buffalo, NY, July 11, 1996
RECEIVED AND FILED
No. 11
Certificate of Necessity
Transfer of Funds
Department of Public Works
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $130,000 be transferred and reappropriated from the Reserve for
Planning Account (200-061-001-00-000) to Engineering Account
(200-401-562-00-000), as set forth below:
The amount to be transferred represents funds to be utilized for Northeast
Buffalo Parkway/American Axle Access - Phase 1.
Dated: Buffalo, NY July 10, 1996
RECEIVED AND FILED
No. 12
Certificate of Necessity
Transfer of Funds
Department of Public Works
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $125,000 be transferred and reappropriated from the Reserve for
Planning Account (200-061-001-00-000) to Engineering Account
(200-401-563-00-000), as set forth below:
The amount to be transferred represents funds to be utilized for the
Reconstruction of Amherst Street from Grant Street to Elmwood Avenue.
Dated: Buffalo, NY July 10, 1996
RECEIVED AND FILED
No. 13
Certificate of Necessity
Transfer of Funds
Department of Public Works
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $70,000 be transferred and reappropriated from the Reserve for
Planning Account (200-061-001-00-000) to Engineering Account
(200-401-563-00-000), as set forth below:
The amount to be transferred represents funds to be utilized to hire an
architect/engineering consultant to begin the design of the new downtown police
precinct (to replace Precinct 3).
Dated: Buffalo, NY July 10, 1996
RECEIVED AND FILED
No. 14
Certificate of Necessity
Increased Appropriation
Reserve for Capital Appropriations
Mayor & Executive
Zoning Board of Appeals
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in
the sum of $600 in the estimates for the fiscal year beginning July 1, 1996 is
necessary in Appropriation Allotments - Mayor & Executive - Zoning Board of
Appeals to meet a contingency which could not have been reasonably foreseen
when the budget was adopted. The amount of increased appropriation will be met
from 100-890-050 - Reserve for Capital Appropriations not otherwise
appropriated for any other purpose. The detail of the requirements are set
forth below:
Dated: Buffalo, NY July 17, 1996
RECEIVED AND FILED
No. 15
Increased Appropriation
Appropriation Allotments - Board of Education
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in
the sum of $490,000 in the estimates for the fiscal year beginning July 1, 1996
is necessary in Capital Projects Fund - Board of Education, to meet a
contingency which could not have been reasonably foreseen when the budget was
adopted. The amount of increased appropriation will be met from the Buffalo
City School District's Fund Balance - Capital Development Reserve Fund as
listed below, not otherwise appropriated for any other purpose. The detail of
the requirements are set forth below:
Dated: Buffalo, NY July 19, 1996
RECEIVED AND FILED
No. 16
Interfund Loan
Over the last six years, the City has provided interfund loans
from the City General Fund to The City, Board and Enterprise Capital Projects
Funds to implement financing of the Capital Improvements Budget. The interfund
loans are repaid when the Bond Anticipation Notes or Bonds are issued to
finance these projects.
As of today, we have three requests for money to finance projects and we will
not reenter the bond market at this time.
We are requesting that you approve interfund cash loans from the General Fund
to the City's Capital Projects Fund in the amount of $800,000 for New boilers,
South Park H.S.; $2,250,000 for Reconstruction of Various School Bldgs. and
$660,000 for Mechanical & Electrical Reconstruction. The loan will be repaid
when Bond Anticipation Notes or Bonds are issued.
From To Account Repayment Date Total
100 Gen. 299 Cap. Proj.299-975-010 BAN/Bond Sale $800,000
100 Gen. 299 Cap. Proj.299-975-000 BAN/Bond Sale $2,250,000
100 Gen. 299 Cap. Proj.299-975-019 BAN/Bond Sale $660,000
Mrs. LoTempio moved:
That the communication from the Comptroller, dated July 15, 1996, be received
and filed; and
That the Comptroller be, and he hereby is, authorized to make an interfund cash
loan from the General Fund to the City's Capital Projects Funds in the amount
of $800,000 for New boilers, South Park H.S. - $2,250,000 for Reconstruction of
Various School Buildings and $660,000 for Mechanical & Electrical
Reconstruction. The loans will be repaid when Bond Anticipation Notes or Bonds
are issued.
PASSED
AYES - 11 NOES - 0
No. 17
Interfund Loan
Over the last six years, the City has provided interfund loans
from the City General Fund to The City, Board and Enterprise Capital Projects
Funds to implement financing of the Capital Improvements Budget. The interfund
loans are repaid when the Bond Anticipation Notes or Bonds are issued to
finance these projects.
As of today, we have one request for money to finance a project and we will not
reenter the bond market at this time.
We are requesting that you approve an interfund cash loan from the General Fund
to the City's Capital Projects Fund in the amount of $1,000,000 for Police
Precinct #13. The loan will be repaid when Bond Anticipation Notes or Bonds
are issued.
From To Account Repayment Date Total
100 Gen. 200 Cap. Proj.200-402-013 BAN/Bond Sale $1,000,000
Mrs. LoTempio moved:
That the communication from the Comptroller, dated July 15, 1996, be received
and filed; and
That the Comptroller be, and he hereby is, authorized to make an interfund cash
loan from the General Fund to the City's Projects Funds in the amount of
$1,000,000 for Police Precinct #13. The loan will be repaid when Bond
Anticipation Notes or Bonds are issued.
PASSED
AYES - 11 NOES - 0
No. 18
Interfund Loans
620 - Trust and Agency
011-320-00-000
Certain federal and state aided programs require a cash advance
until the program is operating and reimbursement is received.
I have reviewed the program listed below and determined the cash needs to be
warranted. I have approved an interfund cash loan to be made in the maximum
amount listed below as needed, subject to your approval. Loan is payable at
date of reimbursement.
From To Grant Repayment Date Total
100 Gen. 620-011-320-00-000 June 1997 $25,000.00
Mrs. LoTempio moved:
That the communication from the Comptroller, dated July 18, 1996, be received
and filed; and
That the Comptroller be, and he hereby is, authorized to make an interfund cash
loan from the General Fund to Grant in the amount of $25,000.00 for the Local
Government Records Management Grant 96-97. The loan is payable at date of
reimbursement.
PASSED
AYES - 11 NOES - 0
No. 19
Result of Negotiations
188 Forest, West Corner Dart
Vacant Lot: 27/ x 80'
Assessed Valuation: $3,800
The office of the Comptroller, Division of Real Estate, has received
a request from Mr. Adam Glichowski of 536 Grant Street, Buffalo, New York 14213
to purchase the above captioned property. The vacant lot is adjacent to the
property Mr. Glichowski owns at 186 Forest. He is acquiring the property for
additional yard space.
An independent appraisal of the property was conducted by Able Appraisals
Associates, Dennis Walker, Appraiser, 43 St. Paul Street, Buffalo, New York
14209. He has estimated the fair market value of the property to be Seven
Hundred Dollars ($700.00). This represents approximately Thirty-Three Cents
(.33) a square foot for the subject property. The Division of Real Estate has
investigated the sales of similar properties in the area. Sale prices range
between Twenty-Five Cents (.25) and Forty-One Cents (.41) a square foot. The
Division of Real Estate concurs with the appraiser's estimate of value.
The results of our negotiations are that Mr. Glichowski has agreed and is
prepared to pay Seven Hundred Dollars ($700.00) for the property. He has also
agreed to pay for the cost of the appraisal, transfer tax, recording fees and
cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 188 Forest
Street to Mr. Adam Glichowski in the amount of Seven Hundred Dollars ($700.00).
I am further recommending that the Corporation Counsel prepare the necessary
documents for the transfer of title and that the Mayor be authorized to execute
the same.
REFERRED TO THE COMMITTEE ON FINANCE
No. 20
Result of Negotiations
477 Koons, 101,54' S. Genesee
Vacant Lot: 30' x 101
Assessed Valuation: $2,500
1605 Genesee, E. Corner Koons
Vacant Lot: 30' x 118' w/a/p
62' x 28
Assessed Valuation: $4,600
The Comptroller's Office, Division of Real Estate, has received
a request from Pastor Charles G. Beigner, Evangelical Lutheran Church of the
Resurrection, 3 Doat Street, Buffalo, New York 14211, to purchase the above
captioned properties. The properties are being purchased to expand parking to
accommodate church and social related services.
The Departments of Community Development, Neighborhood, Housing and Inspections
and Collections have been contacted. There are no outstanding demolition
liens, taxes or other liens owed by the purchaser. The aforementioned
departments have no objection to this sale.
An independent appraisal of the property was conducted by Able Appraisal
Associates, Mr. Dennis Walker, 43 St. Paul Street, Buffalo, New York 14209. He
has estimated the fair market value of the property located at 477 Koons
Streets to be Nine Hundred and Fifty Dollars ($950.00) and the property located
at 1605 Genesee Street to be Two Thousand Dollars ($2,000.00). The Division of
Real Estate has investigated the sales of similar properties in the area. Sale
prices range from Twenty-Five Cents (.25) a square foot to Fifty-Three Cents
(.53) a square foot. The Division of Real Estate concurs with the appraisers
estimate of value.
The results of our negotiations are that the Evangelical Lutheran Church of the
Resurrection has offered and is prepared to pay Two Thousand Dollars
($2,000.00) for both properties. This represents an offer of approximately
Twenty-Nine Cents (.29) a square foot. They have also agreed to pay for the
cost of the appraisal, recording fees, transfer tax and cost of the legal
description.
I am recommending that Your Honorable Body approve the sale of 477 Koons and
1605 Genesee Street to the Evangelical Lutheran Church of the Resurrection in
the amount of Two Thousand Dollars ($2,000.00).
The sale will help relieve parking congestion in the area and provide
off-street parking for the church and clients that attend Head Start Classes
and Outreach Programs provided by the church and the C.R.U.C.I.A.L.
Organization located at 1609 Genesee Street.
I am further recommending that the Corporation Counsel prepare the necessary
documents for the transfer of title and that the Mayor be authorized to execute
the same.
REFERRED TO THE COMMITTEE ON FINANCE
No. 21
Result of Negotiations
985 Michigan, E 200' S High
Lot Size: 50' x 100'
Assessed Valuation: $2,200
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. John Vinti of Allscript Pharmacy, Inc., 173 High Street,
Buffalo, New York 14204, to purchase the above captioned property. Allscript
Pharmacy, Inc. wishes to acquire the property to accommodate building expansion
and parking.
The Departments of Community Development, Neighborhoods, Housing and
Inspections and the Division of Collections have been contacted. They have no
objection to the sale and there are no outstanding liens or other debts owed to
City by Allscript Pharmacy, Inc.
An independent appraisal of the property was conducted by Mr. Thomas Evege,
Appraiser, 1600 Jefferson Avenue, Buffalo, New York 14208. He has estimated
the fair market value of the property to be Twenty-Three Hundred Dollars
($2,300.00). This represents approximately Forty-Six Cents (.46) a square foot
for the subject property. The Division of Real Estate has investigated the
sales of similar properties in the area. Sale prices range from Thirty-Four
Cents (.34) a square foot to Fifty Cents (.50) a square foot. The Division of
Real Estate concurs with the appraiser's estimate of value.
The results of our negotiations are that Mr. John Vinti, Secretary, Allscript
Pharmacy, has agreed and is prepared to pay Twenty-Three Hundred Dollars
($2,300.00) for the subject property. They have also agreed to pay for the
cost of the appraisal, recording fees, transfer tax and cost of the legal
description. They have provided the Division of Real Estate with proof of
their financial ability to carry out the building expansion and parking plan.
I am recommending that Your Honorable Body approve the sale of 985 Michigan
Avenue to Allscript Pharmacy, Inc. in the amount of Twenty-Three Hundred
Dollars ($2,300.00). I am further recommending that the Corporation Counsel
prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
No. 22
Result of Negotiations
987 Smith, 180' N Peckham
Vacant Lot: 30' x 108'
Assessed Valuation: $1,700
The Comptroller's Office, Division of Real Estate, has received
a request from Mr. Oscar E. Rayford of 178 Breckenridge Street, Buffalo, New
York 14213, to purchase the above captioned property. The property is adjacent
to Mr. Rayford's property he owns at 993 Smith Street and he intends to use the
property for extra yard space.
The Departments of Community Development, Neighborhoods Housing Inspections and
the Division of Collections have been contacted. They have no objections to
the sale. There are no taxes, demolition or other liens owed to the City by
the purchaser.
An independent appraisal of the property was conducted by Mr. Dennis Walker,
Appraiser, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New York
14209. He has estimated the fair market value of the property to be Nine
Hundred and Fifty Dollars ($950.00). This represents approximately Twenty-Nine
Cents (.29) a square foot for the subject property. The Division of Real
Estate has investigated the sales of similar properties in the area, sale
prices range from Twenty-Three Cents (.23) a square foot to Forty-Four Cents
(.44) a square foot.
The results of our negotiations are that Mr. Rayford has agreed and is prepared
to pay Seven Hundred and Fifty Dollars ($750.00) for the subject property.
This represents approximately Twenty-Three Cents (.23) a square foot. He has
also agreed to pay for the cost of the appraisal, recording fees, transfer tax
and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 987 Smith Street
to Mr. Oscar Rayford in the amount of Seven Hundred and Fifty Dollars
($750.00). I am further recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the Mayor be authorized
to execute the same.
Mrs. LoTempio moved:
That the communication from the Comptroller, dated July 18, 1996, be received
and filed; and
That the offer of Mr. Oscar Rayford of 178 Breckenridge Street, in the sum of
$750.00 (Seven Hundred and Fifty Dollars) to purchase the property described as
987 Smith Street, be and hereby are accepted; and
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall be
paid by the purchaser.
That the Corporation Counsel shall prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted.
PASSED
AYES - 11 NOES - 0
No. 23
Lease Negotiations
12-14 Elmwood Avenue
376 Virginia Street
The Comptroller's Office, Division of Real Estate has received
a request from Painter's District Council and Apprentice Fund to continue to
occupy the first floor of 12-14 Elmwood Avenue, on a month to month basis,
until new offices are found and leased.
Title to the above captioned property was acquired by the City of Buffalo in
June of 1996, pursuant to Item #2, C.C.P., 11/21/95. The property at 376
Virginia Street was acquired for the Fire Department for the construction of a
new fire house and 12-14 Elmwood for future use as Fire Department
Headquarters.
At the time of acquisition, two tenants were occupying and continued to occupy
the property at 12-14 Elmwood Avenue as hold over tenants. Buffalo Restoration
Society occupies the second floor of 12-14 Elmwood under a lease which expires
in March 1998. The current rental payment to the City of Buffalo is $3,333.36
monthly until the lease expires.
The Painter's District Council and Apprentice Fund has agreed to pay Three
Dollars and Fifty cents ($3.50) a square foot, $1,450 monthly, and continue to
pay the gas, electric and water bills which includes service to the second
floor occupied by Buffalo Restoration Society. The average monthly cost for
utilities is approximately Twenty-Five Hundred Dollars ($2,500) a month. This
agreement will include a clause allowing either party to give 30 day notice of
cancellation.
The Departments of Fire and Public Works have been contacted and they have no
objection to the month to month occupancy of the first floor by the Painters
Union. Occupancy of the first floor by the Fire Department is not anticipated
until next fiscal year.
I am recommending that Your Honorable Body approve the request of the Painters
District Council and Apprentice Fund to occupy the first floor of 12-14 Elmwood
Avenue on a month to month agreement, upon the above terms and conditions.
I am further recommending that the Corporation Council prepare the necessary
occupancy agreement and that the Mayor be authorized to execute the same.
That the Comptroller be and he hereby is authorized to allow the Painter's
District Council and Apprentice Fund to continue to occupy the first floor of
12-14 Elmwood Avenue on a month to month basis at a rental of $1,450 per month
and the cost of utilities with a 30 day notice of cancellation clause, and
That the Corporation Counsel prepare the necessary occupancy agreement and the
Mayor execute the same.
PASSED
AYES - 11 NOES - 0
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 24
Notification Serial #8684
Install No Parking on Lexington Avenue, north side
from Delaware Avenue to a point 245' west therefrom
NO PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by adding thereto the following: NO PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
Lexington Avenue, north side At all times
from Delaware Avenue to a point
245' west therefrom
This action is being taken to provide better traffic flow and visibility at the
signalized intersection of Delaware and Lexington Avenues; and at the request
of the Delaware Towers (to allow better access to their delivery/tenant
driveways.) Two (2) to three (3) viable on-street parking spaces will be
removed by this action.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 25
Report of Bids
Resurfacing of City Pavements 1996/97
Group #423
This is to advise your Honorable Body that I have advertised and
received bids on July 10, 1996 for Resurfacing of City Pavements.
In obtaining bids for the above project, I have asked for bids on a unit price
covering the various items of work and material which will be performed. The
final cost of the work will be based on the actual measured quantities of
materials entering into the work and may be either more or less than the total
bid.
The following bids were received:
Unit Price
Base Bid Increase
Destro & Bros. Conc. Co., Inc. $345,660.00 $414,792.00
Amherst Paving, Inc. $354,507.50 $423,639.50
I hereby certify that the lowest responsible bidder for the above project is
Destro & Brothers Concrete Co., Inc.
I respectfully recommend that your Honorable Body order the work, the cost
thereof to be charged to the O&M Fund #100-401-014-561-00-000 in an amount of
$345,660.00, plus approved unit prices not to exceed $69,132.00, for a total
encumbrance of $414,792.00. The engineer's estimate for this work is
$450,000.00.
The attached is certified to be a true and correct statement of the two (2)
lowest bids received. Under provisions of the General Municipal Law, any of
the bidders may withdraw his bid if an award of the contract is not made by
August 26, 1996. Individual bid submissions are available in our office for
inspection and copies are available upon request.
Mrs. LoTempio moved:
That the above communication from the Commissioner of Public Works dated July
12, 1996 be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to award
a contract for the resurfacing of city pavements 1996/97 Group #423, to Destro
& Brothers Concrete Co., the lowest responsible bidder in the amount of
$345,660.00 for the base bid plus approved unit prices for an additional
$69,132.00 for a total encumbrance of $414,792.00, with said cost to be charged
against the O&M Fund #100-401-014-561-00-000.
PASSED
AYES - 11 NOES - 0
No. 26
Report of Bids
Heater/Scarifying of City Pavements 1996/97
Group #424
This is to advise your Honorable Body that I have advertised and
received bids on July 10, 1996 for Heater/Scarifying of City Pavements.
In obtaining bids for the above project, I have asked for bids on a unit price
covering the various items of work and material which will be performed. The
final cost of the work will be based on the actual measured quantities of
materials entering into the work and may be either more or less than the total
bid.
The following bid was received:
Unit Price
Unit Base Bid Increase
Highway Rehabilitation Corp. $379,880.00 $417,868.00
I hereby certify that the lowest responsible bidder for the above project is
Highway Rehabilitation Corp.
I respectfully recommend that your Honorable Body order the work, the cost
thereof to be charged to the O&M Fund #100-401-014-561-00-000 in an amount of
$379,880.00, plus approved unit prices not to exceed $37,988.00, for a total
encumbrance of $417,868.00. The engineer's estimate for this work is
$410,000.00.
The attached is certified to be a true and correct statement of the lowest bid
received. Under provisions of the General Municipal Law, low bidder may
withdraw his bid if an award of the contract is not made by August 26, 1996.
Individual bid submissions are available in our office for inspection and
copies are available upon request.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated July 12,
1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to award
a contract for Heater/Scarifying of City Pavements 1996/97 to Highway
Rehabilitation Corp., the lowest responsible bidder in the amount of
$379,880.00 for the base bid plus approved unit prices for an additional
$37,988.00 for a total encumbrance of $417,868.00, with said cost to be charged
against the O&M Fund #100-401-014-561-00-000.
PASSED
AYES - 11 NOES - 0
No. 27
Report of Bids
Cold Milling of City Pavements 1996/97
Group #425
This is to advise your Honorable Body that I have advertised and
received bids on July 10, 1996 for Cold Milling of City Pavements.
In obtaining bids for the above project, I have asked for bids on a unit price
covering the various items of work and material which will be performed. The
final cost of the work will be based on the actual measured quantities of
materials entering into the work and may be either more or less than the total
bid.
The following bids were received:
Unit Price
Unit Base Bid Increase
Mun. Milling & Mix-in-Place, Inc. $137,950.00 $158,642.50
Highway Rehabilitation Corp. $159,680.00 $180,372.50
Amherst Paving, Inc. $189,750.00 $210,442.50
I hereby certify that the lowest responsible bidder for the above project is
Municipal Milling & Mix-in-Place, Inc.
I respectfully recommend that your Honorable Body order the work, the cost
thereof to be charged to the O&M Fund #100-401-014-561-00-000 in an amount of
$137,950.00, plus approved unit prices not to exceed $20,692.50, for a total
encumbrance of $158,642.50. The engineer's estimate for this work is
$140,000.00.
The attached is certified to be a true and correct statement of the two (2)
lowest bids received. Under provisions of the General Municipal Law, any of
the bidders may withdraw his bid if an award of the contract is not made by
August 26, 1996. Individual bid submissions are available in our office for
inspection and copies are available upon request.
Mrs. LoTempio moved:
That the above communication from the Commissioner of Public Works dated July
12, 1996 be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to award
a contract for the Cold Milling of City Pavements 1996/97 Group #425, to
Municipal Milling & Mix-in-Place, Inc., the lowest responsible bidder in the
amount of $137,950.00 for the base bid plus approved unit prices for an
additional $20,692.50 for a total encumbrance of $158,642.50, with said cost to
be charged against the O&M Fund #100-401-014-561-00-000.
PASSED
AYES - 11 NOES - 0
No. 28
Report of Bids
Striping of City Pavements
Crosswalks - Various Locations 1996
Item No. 31; C.C.P., 04/30/96
This is to advise Your Honorable Body that I have advertised and
received bids on July 17, 1996 for Striping of City Pavements - Crosswalks at
Various Locations - 1996. In obtaining bids for the above project, I have
asked for bids on a unit price basis covering the various items of material and
work that will be performed. The final cost of the work will be based on the
actual measured quantities of quantities of materials entering into the work
and may either be more or less than the total bid.
The following bid was received:
Accent Stripe, Inc. $57,280.00
I hereby certify that the lowest responsible bidder for this project is Accent
Stripe, Inc. I respectfully request that your Honorable Body order the work,
the cost thereof to be charged to Capital Projects Fund #200-401-021-00-000 in
the amount of $57,280.00 plus approved unit prices for an additional amount of
$12,720.00, for a total encumbrance of $70,000.00. The engineer's estimate for
this work is $70,000.00.
The attached is certified to be a true and correct statement of the bid
received. Under provisions of the General Municipal Law, the bidder may
withdraw his bid if an award of contract is not made by September 3, 1996. The
bid submission is available in our office for inspection and copies are
available upon request.
Mrs. LoTempio moved:
That the above communication from the Department of Public Works dated July 17,
1996 be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to award
a contract for the Striping of City Pavements Crosswalks - Various Locations
1996, to Accent Stripe, Inc., the lowest responsible bidder in the amount of
$57,280.00 for the base bid plus approved unit prices for an additional
$12,720.00 for a total encumbrance of $70,000.00, with said cost to be charged
to Capital Projects Fund #200-401-021-00-000.
PASSED
AYES - 11 NOES - 0
No. 29
Report of Bids
Striping of City Pavements
Lane Lines - Various Locations 1996
Item No. 31, C.C.P. 04/30/96
This is to advise Your Honorable Body that I have advertised and
received bids on July 17, 1996 for Striping of City Pavements Lane Lines at
Various Locations - 1996. In obtaining bids for the above project, I have
asked for bids on a unit price basis covering the various items of material and
work that will be performed. The final cost of the work will be based on the
actual measured quantities of materials entering into the work and may either
be more or less than the total bid.
The following bid was received:
Accent Stripe, Inc. $34,650.00
I hereby certify that the lowest responsible bidder for this project is Accent
Stripe, Inc. I respectfully request that Your Honorable Body order the work,
the cost thereof to be charged to Capital Projects Fund #200-401-021-00-000 in
an amount of $34,650.00 plus approved unit prices for an additional amount of
$15,350.00, for a total encumbrance of $50,000.00. The engineer's estimate for
this work is $50,000.00.
The attached is certified to be a true and correct statement of the bid
received. Under provisions of the General Municipal Law, the bidder may
withdraw his bid if an award of contract is not made by September 3, 1996. The
bid submission is available in our office for inspection and copies are
available upon request.
Mrs. LoTempio moved:
That the above communication from the Department of Public Works dated July 17,
1996 be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to award
a contract for the Striping of City Pavements Crosswalks - Lane Lines - Various
Locations 1996, to Accent Stripe, Inc., the lowest responsible bidder in the
amount of $34,650.00 for the base bid plus approved unit prices for an
additional $15,350.00 for a total encumbrance of $50,000.00, with said cost to
be charged to Capital Projects Fund #200-401-021-00-000.
PASSED
AYES - 11 NOES - 0
No. 30
Report of Bids
Niagara District Sidewalks
Elmwood Ave. - Allen to North
Group # 413
Item No. 28, C.C.P. 5/14/96
Item No. 246, C.C.P. 9/19/95
This is to advise your Honorable Body that I have advertised and
received bids on July 17, 1996 for Elmwood Avenue - Allen to North.
In obtaining bids for the above project, I have asked for bids on a unit price
covering the various items of work and material which will be performed. The
final cost of the work will be based on the actual measured quantities of
materials entering into the work and may be either more or less than the total
bid.
The following bids were received:
Unit Price
Unit Base Bid Increase
Master's Edge, Inc. $41,715.00 $54,000.00
Cemulini-Pecoraro Const. Co. $41,970.00 $54,255.20
Carrubba Ton. Land Corp. $42,856.40 $55,141.40
* Mazzini Const. Co., Inc. $50,176.00* $62,461.00
C&C Contractors, Inc. $54,713.00 $66,998.00
Campobello Const. Co., Inc. $54,757.00 $67,042.00
M.P.J. Contracting, Inc. $60,260.00 $72,545.00
M. Passucci Const., Inc. $62,490.00 $74,775.00
* Adjusted Amount
I hereby certify that the lowest responsible bidder for the above project is
Master's Edge, Inc.
I respectfully recommend that your Honorable Body order the work, the cost
thereof to be charged to the Capital Projects Fund #200-401-031-00-000 in an
amount of $41,715.00, plus approved unit prices not to exceed $12,285.00, for a
total encumbrance of $54,000.00. The engineer's estimate for this work is
$54,000.00.
The attached is certified to be a true and correct statement of the two (2)
lowest bids received. Under provisions of the General Municipal Law, low
bidder may withdraw his bid if an award of the contract is not made by
September 1, 1996. Individual bid submissions are available in our office for
inspection and copies are available upon request.
Mrs. LoTempio moved:
That the above communication from the Department of Public Works dated July 17,
1996 be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to award
a contract for Niagara District Sidewalks Elmwood Avenue - Allen to North,
Group #413, to Master's Edge, Inc., the lowest responsible bidder in the amount
of $41,715.00 for the base bid plus approved unit prices for an additional
$12,285.00 for a total encumbrance of $54,000.00, with said cost to be charged
to Capital Projects Fund #200-401-031-00-000.
PASSED
AYES - 11 NOES - 0
No. 31
Report of Bids
Timothy J. Burvid Ice Rink
New Compressors & Dehumidifiers
I advertised for on July 2, 1996 and received the following sealed
proposals which were publicly opened and read on July 16, 1996.
Molienberg Betz Corp. $97,959.00
John W. Danforth Co. $111,000.00
Joseph Davis Inc. $120,500.00
I hereby certify that the foregoing is a true and correct statement of all bids
received and that Mollenberg Betz Corp., in the amount of Ninety Seven Thousand
Nine Hundred Fifty Nine and 00/100 Dollars ($97,959.00) is the lowest
responsible bidders in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to order the work on the basis of the low bid. Funds for this work will be
available in B/F 200-402-016 - Division of Buildings.
Estimate for this work was $120,000.00.
Mrs. LoTempio moved:
That the above communication from the Commissioner of Public Works dated July
17, 1996 be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to award
a contract for Timothy J. Burvid Ice Rink, New Compressors & Dehumidifiers, to
Mollenberg Betz Corp., the lowest responsible bidder in the amount of
$97,959.00, with said cost to be charged against B/F 200-402-016 - Division of
Buildings.
PASSED
AYES - 11 NOES - 0
No. 32
Report of Bids
Riverside Ice Rink
New Compressors
I advertised for on July 2, 1996 and received the following sealed
proposals which were publicly opened and read on July 16, 1996.
Mollenberg Betz Corp. $61,352.00
Joseph Davis Inc $83,400.00
John W. Danforth $84,400.00
I hereby certify that the foregoing is a true and correct statement of all bids
received and that Mollenberg Betz Corp., in the amount of Sixty One Thousand
Three Hundred Fifty Two and 00/100 Dollars ($61,352.00) is the lowest
responsible bidders in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to order the work on the basis of the low bid. Funds for this work to be in
the Division of Buildings 1996/97 Capital Budget ($725,000 Bond for
Reconstruction of Ice Rinks Various: 200-402).
Estimate for this work was $80,000.00.
Mrs. LoTempio moved:
That the above communication from the Commissioner of Public Works dated July
17, 1996 be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to award
a contract for Riverside Ice Rink New Compressors, to Mollenberg Betz Corp.,
the lowest responsible bidder in the amount of $61,352.00. Funds for this
project to be available in the Division of Buildings 1996/97 Capital Budget
($725,000 Bond for Reconstruction of Ice Rinks Various: 200-402).
PASSED
AYES - 11 NOES - 0
No. 33
Report of Bids
Roof & Window Repair and Replacement
Col. Ward Station
Massachusetts and Grover Cleveland Tower
As authorized by your Honorable Body in Common Council Proceeding
No. 130 of March 13, 1990 plans and specifications were prepared and sealed
proposals accepted for Roof and Window Repair and Replacement at the Col. Ward
Pumping Station, Massachusetts Pumping Station, Grover Cleveland Water Tower.
I submit the following report of all bids received which were opened in my
office at 11:00 a.m. on July 15, 1996.
Base Bid Alt. #1 Total Bid
L.P.G. General Corp.
PO Box 768
Williamsville, NY 14231$572,995.00 $12,800.00 $585,795.00
Progressive Roofing, Inc.
PO Box 895
Buffalo, New York 14207$666,000.00 $4,800.00 $670,800.00
Nichter Construction Co.
344 Vulcan Street
Buffalo, New York 14207$677,000.00 $12,000.00 $689,000.00
Chesley Corp.
28 Garden Avenue
West Seneca, New York$713,000.00 $6,200.00 $719,200.00
I certify that the foregoing is a true and correct statement of all bids
received and that L.P.G. General Corp., PO Box 768, Williamsville, New York is
the lowest responsible bidder complying with the plans and specifications with
their base bid of $572,995.00 plus $12,800.00 for Alternate #1 for a total bid
of $585,795.00.
I respectfully request that your Honorable Body authorize the Commissioner of
Public Works to enter into a contract with L.P.G. General Corp. for this work
the cost thereof to be charged to the Division of Water's Capital Project
Account, 416-983-502 in the amount of $585,795.00 plus approved unit prices for
an additional $58,579.50 for a total encumbrance of $644,374.50.
The Engineer's estimate for this project was $620,000.00.
Mrs. LoTempio moved:
That the above communication from the Commissioner of Public Works dated July
17, 1996 be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to award
a contract for Roof & Window Repair and Replacement - Col. Ward Station, to
L.P.G. General Corp., the lowest responsible bidder complying with the plans
and specifications with their base bid of $585,795.00 plus approved unit prices
for an additional $58,579.50 for a total encumbrance of $644,374.50. Funds for
this project to be charged to the Division of Water's Capital Project Account,
416-983-502.
PASSED
AYES - 11 NOES - 0
No. 34
Permission to Prepare Plans & Specifications
and Advertise for Proposals for
The Repair to City Manholes - 1996/1997
Group #436
I hereby request permission from Your Honorable Body to prepare
plans and specifications and advertise for sealed proposals for the street
resurfacing contract, various streets, as specified below:
1. Repair to City Manholes - 1996/1997
Funds for this project will be available in Division of Engineering, Capital
Projects Fund No. 200-401-507-00-000.
Mrs. LoTempio moved:
That the communication from the Department of Public Works dated, July 17, 1996
be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
prepare plans, specifications and advertise for sealed proposals for the street
resurfacing contract, various streets. Funds for this project are available in
the Division of Engineering Capital Projects Fund No. 200-401-507-00-000.
PASSED
AYES - 11 NOES - 0
No. 35
Construction of Northeast Parkway - Phase II
Warwick to Hutchinson - Consultant Hiring
I hereby request your Honorable Body's permission to engage the
services of a Consultant Engineer to prepare plans, specifications, and receive
bids for the following project:
Northeast Parkway - Phase II - Warwick Avenue to Hutchinson Avenue.
Funds for this project will be available through Community Development 1996-97
Bond Funds - $1 Million; HUD 108 - $1 Million; and Federal Enterprise Community
- $1 Million. Design funds will be available through the 1996-97 Project
Planning Account #200-061-001-00-000.
Mrs. LoTempio moved:
That the communication from the Department of Public Works dated, July 17, 1996
be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to engage
the services of a Consultant Engineer to prepare plans, specifications and
receive bids for the Northeast Parkway - Phase II - Warwick Avenue to
Hutchinson Avenue. Funds for this project will be available through Community
Development 1996-97 Bond Funds $1,000,000; HUD 108 - $1,000,000; and Federal
Enterprise Community - $1,000,000. Design funds will be available through the
1996-97 Project Planning Account #200-061-001-00-000.
PASSED
AYES - 11 NOES - 0
No. 36
Permission to Engage Consultant
Shea's Buffalo Theatre
Stage Expansion and Pearl St. Wall Restoration
I respectfully request Your Honorable Body's permission to engage
the following consultants to assist in the preparation of plans and
specifications, advertise and receive sealed proposals for the Reconstruction
of the Shea's Performing Arts Center:
- Architectural/Engineering Consultant
- Theater Consultant
- Sound Consultant
- Construction Manager
Funds for this work will be in Capital Project Fund 200-402-535 (HUD).
Mrs. LoTempio moved:
That the communication from the Department of Public Works dated, July 11, 1996
be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to engage
the services of a consultant to assist in the preparation of plans and
specifications and receive sealed proposals for the Reconstruction of the
Shea's Performing Arts Center. Funds for this project will be available in
Capital Project Fund 200-402-535 (HUD).
PASSED
AYES - 11 NOES - 0
No. 37
Request for Informal Proposal
Repair of a 16-inch Welded Steel Watermain
North Abutment Wall
Elmwood Avenue Bridge over Scajaquada Expressway
The Buffalo Division of Water is accepting bids for the repair
of a 16-inch steel watermain located at the north abutment wall of the Elmwood
Ave. Bridge over the Scajaquada Expressway.
An emergency situation exists because the pipe could not be completely shut
down without putting the Historical Society out of water and because the
Division of Water does not have the equipment needed to repair steel pipe.
Because the pipe is partially shut, some water is leaking from the break,
running down the abutment, and across the Scajaquada Bike Path to the creek.
We were unable to utilize regular bidding procedures because of the timing of
this project. Therefore, I request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract for the repair of a
16-inch steel watermain located at the north abutment wall of the Elmwood Ave.
Bridge over the Scajaquada Expressway. Funds for this project are available in
the Division of Water Capital Project Account. This work is estimated at
$30,000.
Because of the emergency condition, I respectfully request your immediate
approval of this item.
Mrs. LoTempio moved:
That the above communication from the Department of Public Works dated July 12,
1996 be received and filed; and
That due to emergency conditions, the Commissioner of Public Works be, and he
hereby is, authorized to enter into a contract for repair of a 16-inch steel
watermain located at the north abutment wall of the Elmwood Avenue Bridge over
the Scajaquada Expressway; funds for this project are available in the Division
of Water Capital Project Account.
PASSED
AYES - 11 NOES - 0
No. 38
Change in Contract
1120 Seneca Street
Vehicle Storage Building
Plumbing Contract - Ackerman & Huebsch, Inc.
I hereby submit to Your Honorable Body the following negotiated
changes to the plumbing contract for the Vehicle Storage Building at 1120
Seneca Street. The plumbing contractor is Ackerman & Huebsch, Inc., Contractor
No. 91837500.
Empty and clean 2,000 gallon gasoline storage tank $450.00
Excavate gasoline storage tank and contaminated soil $2,180.00
Test soil required by NYS DEC $1,467.00
$4,097.00
The above was unexpected work necessary for the removal of the former gasoline
service facility.
Excavation for sanitary sewer line through buried, abandoned railroad tracks
and concrete foundation walls $1,440.00
Total of additional work $5,537.00
+ 15% Mark-up $831.00
$6,368.00
Summary
Original Amount of Contract $93,672.00
Amount of Change Order (1) $6,368.00
$100,030.00
The above changes could not be foreseen at the time the contract was let.
Costs have been reviewed and approved by the Consultant Engineer, Paul J.
Walsh, P.E., and the Department of Public Works and are found to be fair and
equitable. The plumbing contract has been completed and the $100,030.00 amount
is the final cost. Funds for this work are in Account No. 200-401-507-000-000,
Division of Engineering.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated July 8, 1996,
be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to issue
change order No. 1 to Ackerman & Huebsch, Inc., changes resulting in a net
increase in the amount of $6,368.00, as more fully described in the above
communication, for work relating to the Vehicle Storage Building at 1120 Seneca
Street, Contract 91837500. Funds for this project are to be charged to Account
No. 200-401-507-000-000, Division of Engineering.
PASSED
AYES - 11 NOES - 0
No. 39
Change in Contract
Ken Bailey Recreation Center
2777 Bailey Avenue
I hereby submit to Your Honorable Body the following changes for
the Ken-Bailey Recreation Center, Nichter Construction Co., Inc., General
Construction - C 91820500.
1. Remove and legally dispose of contaminated soils and drums of waste
oil/anti-freeze solutions.
Add$13,647.00
The foregoing change results in a net increase in the contract of Thirteen
Thousand Six Hundred Forty Seven and 00/100 Dollars ($13,647.00).
Summary:
Original Amount of Contract $3,151,000.00
Change Order No. 1, CCP 01/09/96; Item 11 Add 87,853.00
Change Order No. 2, CCP 01/23/96; Item 22 Add 6,544.00
Change Order No. 3, CCP 02/20/96; Item 51 Add 7,416.00
Change Order No. 4, CCP 05/14/96; Item 30 Add 737.00
Change Order No. 5, CCP 07/09/96, Item 15 Add 15,443.00
Amount of This Change (No. 6) Add 13,647.00
Revised Amount of Contract $3,282,640.00
These changes could not be foreseen at the time contract was let. Costs have
been reviewed by the Consulting Architect and the Department of Public Works
and found to be fair and equitable. Funds for this work will be in B/F
200-402-022 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated July 16,
1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to issue
change order No. 6 to Nichter Construction Co., Inc., changes resulting in a
net increase in the amount of $13,647.00, as more fully described in the above
communication, for work relating to the Ken Bailey Recreation Center, C
91820500. Funds for this project are to be charged to B/F 200-402-022,
Division of Buildings.
PASSED
AYES - 11 NOES - 0
No. 40
Change in Contract City Court
ADA Compliance
I hereby submit to Your Honorable Body the following changes for
City Court, ADA Compliance, Gerald T. Stay Co., General Construction - C
91848300.
1. Run Toilet Room wall to underside of deck, change recess toilet tissue
dispenser and paper towel dispenser disposal to surface mounted appliances, and
change doors to Toilet Rooms to C Label doors.
Add$17,714.88
The foregoing change results in a net increase in the contract of Seventeen
Thousand Seven Hundred Fourteen and 88/100 Dollars ($17,714.88).
Summary:
Original Amount of Contract $156,000.00
Amount of This Change (No. 1) Add $17,714.88
Revised Amount of Contract $173,714.88
These changes could not be foreseen at the time contract was let. Costs have
been reviewed by the Consulting Architect and the Department of Public Works
and found to be fair and equitable. Funds for this work will be in B/F
200-402-062 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated July 12,
1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to issue
change order No. 1 to Gerald T. Stay Co., changes resulting in a net increase
in the amount of $17,714.88, as more fully described in the above
communication, for work relating to the City Court Building, ADA Compliance, C
91848300. Funds for this project are to be charged to B/F 200-402-062,
Division of Buildings.
PASSED
AYES - 11 NOES - 0
No. 41
Extension Time Contract
City Contract No. 91854100
48" Waterline Replacement in Main and Perry Streets
In accordance with the terms of the contract between the City
of Buffalo and Paul J. Gallo Contracting, Inc., City Contract No. 91854100, 48"
Waterline Replacement in Main and Perry Streets, the work called for in this
contract was scheduled to be completed on August 9, 1996.
The contractor has requested an extension of time in this contract due to the
fact that he was unable to commence work on June 13, 1996 as scheduled. This
delay was the result of the pipe and fittings for this project not being able
to be obtained until July 29, 1996.
Accordingly, I have granted an extension of time in the contract with Paul J.
Gallo Contracting, Inc. The new completion date for this contract is August
26, 1996.
RECEIVED AND FILED
No. 42
Reimburse Buffalo Zoological Gardens
Capital Expenses
Attached please find a copy of the May 15, 1996 correspondence
from Thomas E. Garlock, Executive Director of the Buffalo Zoological Gardens to
Alfred Coppola, Delaware District Councilmember, which outlines expenses
incurred by the Zoo in connection with the new HVAC System being installed in
the Main Animal Building. These expenses were for engineering ($3,176.25) and
for installation of triple-track storms and screens as well as refurbishing of
the existing windows ($13,720.00).
The Zoological Gardens is requesting that Your Honorable Body authorize the
reimbursement of these expenses from the City of Buffalo's Capital Project Fund
200-402-028. Please be advised that if these items were handled directly by
this Department, they would have been charged to this fund.
I submit this request to Your Honorable Body for whatever action you deem
appropriate. Funds for this work will be available in CPF 200-402-028.
REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL
No. 43
Encroachment
1516 Niagara Street
Mr. Peter Gerace, owner of Rascals Restaurant, located at 1516
Niagara Street, has requested permission to encroach City right-of-way at said
address.
The above mentioned encroachments are existing and include:
1. The southwest exterior wall encroaches approximately 1.05 feet.
2. An awning attached to the same wall encroaches approximately 2.85 feet.
3. The stockade fence encroaches approximately 2.8 feet.
The Department of Public Works has reviewed Mr. Gerace's application pursuant
to Chapter 413-56 (Awnings, Canopies and Marquees) and 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
encroachments provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary.
2. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000.00) construction in street bond and certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
addition to restaurant.
3. In the event that the Commissioner of Public Works determines the
encroachment must cease as a result of factors affecting the health, safety and
welfare of the public, or the needs of the City, the Commissioner of Public
Works may order the immediate removal of said encroachment as described in
Chapter 413-67 (E) of the City Ordinances.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 44
Replace Waterlines on Park Street
Item No. 84, C.C.P., 7/9/96
The referenced item was referred to this department for response.
The Division of Water is currently preparing contract documents to replace the
watermain on Park Street from Virginia to Allen. As part of that job, all
non-copper services will be replaced from the new main to the curb stop which
is located within the right of way between the curb and property line.
Existing copper services will be disconnected from the existing main and
reconnected to the new main. Given the age of Park Street properties, we feel
that most of the services will not be copper.
REFERRED TO THE COMMITTEE ON FINANCE
No. 45
Reduce Retention
City Contract No. 91795400
Massachusetts Avenue Pumping Station
Contract No. 1G
The contract for Massachusetts Avenue Pumping Station Upgrades,
Contract No. 1G, General Construction between the City of Buffalo and John W.
Danforth Company, Inc. is 95% complete. The only remaining work is on the last
pump (No. 4). This delay was no fault of John W. Danforth Company.
It is respectfully requested that your Honorable Body authorize the reduction
of retention in this contract from ten percent (10%) to five percent (5%).
The five percent retention would be withheld from the contractor until the
remaining work is completed satisfactorily.
Mrs. LoTempio moved:
That the communication from the Department of Public Works dated July 16, 1996,
be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
reduce the retention from ten percent (10 %) to five percent (5%) in the
contract with John W. Danforth Company, City Contract No. 91795400 for the
Massachusetts Avenue Pumping Station, Contract No. 1G.
PASSED
AYES - 11 NOES - 0
No. 46
Rededication of Perry Street
As part of the traffic and street improvement project in connection
with the construction of the new Marine Midland Arena, it has become necessary
that the former right-of-way of Perry Street, between Main Street and
Washington Street be rededicated and opened to traffic as a public street.
Presently, the entire right-of-way of former Perry Street, between Main Street
and Washington Street is owned by the Buffalo Urban Renewal Agency. The
Buffalo Urban Renewal Agency, at its meeting of April 25, 1996 approved the
transfer of title of the northerly one-half of former Perry Street to the City
of Buffalo for dedication as a public street. The northerly one-half of the
right-of-way is described as follows:
All that tract or parcel of land is situate in the City of Buffalo, County of
Erie, State of New York, being the northerly one-half of Perry Street (formerly
Beaver Street) as originally laid out between Main Street and Washington Street
(discontinued and closed by Resolution No. 237 of the Common Council
Proceedings of September 19, 1978) and being more particularly described as
follows:
Beginning at the point of intersection of the easterly line of Main Street (99
feet wide) with the northerly line of former Perry Street, said point of
intersection being also the southwest corner of Outer Lot 83 of the former
Village of New Amsterdam and running thence easterly along the northerly line
of former Perry Street which is also the southerly line of Outer Lot 83, one
hundred ninety-eight (198.0) feet to a point of intersection with the westerly
line of Washington Street (66 feet wide);
Running thence southerly and along, the westerly line of Washington Street
thirty-three (33.00) feet to a point of intersection with the center line of
former Perry Street;
Running thence westerly and along the center line of former Perry Street one
hundred ninety-eight (198.0) feet to a point in the easterly line of Main
Street;
Running thence northerly and along the easterly line of Main Street
thirty-three (33.00) feet to the point of beginning, containing 6,534 square
feet of land, more or less.
I am herein recommending that Your Honorable Body authorize the City of Buffalo
to accept the above described deed of conveyance from the Buffalo Urban Renewal
Agency and to dedicate the parcel as a public street.
The transfer of title to the southerly one-half of the required street
right-of-way is, however, presently encumbered by a lease from the Buffalo
Urban Renewal Agency to the Arena development group. Once this encumbrance is
removed, I expect to receive approval from the Buffalo Urban Renewal Agency for
the transfer of title to the City of Buffalo of the remaining southerly
one-half of the required street right-of-way.
When I receive that approval from the Buffalo Urban Renewal Agency, I will ask
Your Honorable Body to also dedicate that parcel as a public street. The
rededicated street shall be known as PERRY STREET. The Department of Public
Works can not pave or make any other improvements within the right-of-way of
the proposed street until we have received title to the entire parcel and the
street has been rededicated.
REFERRED TO THE COMMITTEE ON FINANCE
No. 47
NYSDOT Concerns Waterline Reconstruction
Delaware Avenue
Item No. 74, C.C.P., 7/9/96
We have reviewed the June 14, 1996 response from Robert Russell,
Regional Director of New York State Department of Transportation, to
Councilmember Al Coppola regarding the reconstruction of Delaware Avenue. In
that response, Mr. Russell indicates that if any waterlines are in conflict
with or disturbed by the construction, they will be replaced under the
construction contract. This is what is normally done under similar contracts
administered by the State. We are also asking the State to consider replacing
water services to each property owner along the construction area. We expect
that this will be approved and incorporated as part of the project.
REFERRED TO THE COMMITTEE ON FINANCE
No. 48
Northeast Buffalo Parkway
Minority & Women Participation
Item No. 162, C.C.P., 6/11/96
The referenced resolution requested this department notify the
Council of our intentions in the awarding of contracts for the Northeast
Buffalo Parkway. We have worked closely with Councilmember Brown to ensure
that the Design Engineer selected for the project will take necessary steps to
reflect the diversity of the community in which this project is taking place.
To that end, we have selected the firm of Hayden-Wegman Engineers to provide
this service. The Hayden-Wegman company will subcontract part of the work to a
minority firm and will attempt to employ members of the local community as part
of their inspection service, with respect to the award of construction
projects, it is fully my intention to award a construction contract to a
contractor who has proven to us that his workforce will also reflect the
diversity of the community where the project is being held.
I have instructed my staff to draw specifications to clearly indicate that it
is our intention to make this a part of our determination of whether a bidder
is responsible.
As we get further along in developing the specifications, I will keep Your
Honorable Body informed of our progress.
RECEIVED AND FILED
No. 49
Baltimore Street Granite Block
The granite paving block which was removed from Baltimore Street
is currently stockpiled at the yard of subcontractor Pinto Construction on 1
Babcock Street. Pinto Construction as to remove the block, stockpile the
stone, fence, secure and monitor the site.
The block was removed from Baltimore Street in sequential order and stored in
numbered quadrants. This will allow the palletization of the block in
essentially the same order in which they were removed.
Anastasi Trucking will palletize the granite block under a contract item for
the Marine Midland Arena Area Roadways Project. This palletization will
commence shortly. The new wooden pallets will be loaded by hand with
approximately one (1) cubic yard of block. The completed pallets will be
wrapped in wiring to secure the block to the pallet. Each pallet will be
numbered in sequence and marked "Property of the City of Buffalo". The pallets
will be stored at the same secured site. The status of the pallets will be
checked at regular intervals by project personnel.
REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE AND COBBLESTONE TASK FORCE
No. 50
Cobblestone Investigation Report
Marine Midland Arena Roadways
Attached is a report prepared by Erdman, Anthony and Associates,
Inc., our consultants for the referenced project. This report indicates the
consultants' recommendations for the use of cobblestone paving materials on
Illinois, Columbia, Mississippi and Baltimore Streets. We will also be meeting
with the Stadium and Aud Task Force and members of the Historical Preservation
Coalition in the near future to develop our strategy for these streets.
This report is being sent for your information.
REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE AND COBBLESTONE TASK FORCE
No. 51
Approval to Receive Supplemental Sum
Equal To The Difference Between
Wages and Compensation Benefits
Mr. William McKnight, a Caulker in the Division of Water, has
been on disability since March 27, 1996. Pursuant to the City Ordinance,
Chapter 35, Article VI, Sec. 22, each employee is entitled to a difference in
pay allowance under the provisions of the Worker's Compensation Law.
Therefore, Mr. McKnight is entitled to a difference in pay for the period of
5/30/96 through 7/1/96. The normal salary for 22 days $1,933.58. Less
deductions for NY State Tax - $68.44; Federal Tax - $167.49; FICA-MED $147.93
and NY State Retirement $58.01 for a total of $441.87 for deductions. Less
payment by Compensation Carrier in the amount of $1,140.48. The amount due to
the employee is $351.23. Payments to continue bi-weekly until employee returns
to work or for a maximum of 6 months.
I respectfully request that your Honorable Body approve this request.
Mrs. LoTempio moved:
That the above communication from the Department of Public Works dated July 16,
1996 be received and filed; and
That the Comptroller be, and he hereby is, authorized to pay Mr. William
McKnight, a Caulker in the Division of Water, a difference in pay for the
period of 5/30/96 through 7/1/96 for a total of $351.23. Payments will
continue bi-weekly until Mr. McKnight returns to work or for a maximum of six
(6) months.
PASSED
AYES - 11 NOES - 0
No. 52
Info Appt. Jr. Engineer
(Maximum - Public Works)
Item 24, C.C.P., July 9, 1996
In response to your communication of July 17, 1996, please be
advised Richard Rychnowski was appointed to the position of Junior Engineer
(Provisional) at the maximum salary of $32,395 as he was receiving $31,236 in
his former position of Senior Drafting Technician (Permanent).
The starting salary of $27,731 for Junior Engineer does not represent a $250
salary increase as per Union Agreement.
RECEIVED AND FILED
FROM THE COMMISSIONER OF POLICE
No. 53
1994, 1995, 1996 STOP DWI Program
Item No. 105, C.C.P., 11/19/94
We are respectfully requesting authorization for the Mayor to
enter into the 1994, 1995, 1996 renewal agreements between the City of Buffalo
and the County of Erie under the STOP DWI Grant Program. The periods in
question run from January 1, 1994 through December 31, 1996.
Due to bureaucratic and budget delays, these contracts are just being processed
now.
The City of Buffalo and the County of Erie have had these annual contractual
agreements whereby the City is reimbursed for efforts in enforcement of alcohol
and/or related traffic violations. Under these agreements, the City will be
reimbursed by the County for up to 65% of all of the revenue generated from the
fines levied resulting from the disposition of alcohol-related traffic
offenses. These funds are then utilized to continue enhancing the Department's
DWI enforcement activities.
It in imperative that this resolution be passed before your Honorable Body
recesses for the summer. We have been asked by the Budget office to try and
secure this revenue before August 31, 1996. These revenues have been included
in the gap projections for the 1995-1996 budget year and we will process the
necessary paperwork to secure the revenue once we have your permission.
If you require additional information, please contact Captain Edward C.
Hempling or Report Technician Maureen Oakley of our Grants Section at ext.
4475.
Thank you for your immediate consideration of this request.
Mrs. LoTempio moved:
That the communication from the Police Department, dated July 17, 1996, be
received and filed; and
That the Mayor be, and he hereby is, authorized to enter into renewal
agreements with the County of Erie under the STOP DWI Grant Program for the
period January 1, 1994 through December 31, 1996 in which the City of Buffalo
will be reimbursed by the County for up to 65% of all revenue generated from
the disposition of alcohol-related traffic offenses.
PASSED
AYES - 11 NOES - 0
FROM THE CORPORATION COUNSEL
No. 54
Shane A. Hallnan, Settlement
On April 3, 1995, a 1980 Chevrolet owned and driven by Shane A.
Hallnan, struck and damaged a four-face sided clock located at the intersection
of Main, Goodell and Edward Streets. Estimated repairs to the clock total
approximately $20,345.
No claim has been filed against the City of Buffalo nor were any summonses
issued to the driver as a result of this accident.
This office has written to Mr. Hallnan demanding payment. The insurance
carrier for Mr. Hallnan; Government Employers Insurance Company (GEICO) has
contacted the Law Department and has offered $5,000, which is the full amount
of Hallnan's property damage policy limit as settlement of the City's claim.
This office recommends that the City of Buffalo accept this offer for the
following reasons: The defendant is a an unemployed twenty-year old who resides
with his parents and has limited assets. Additionally, if this case were to go
to trial, the City could be found to be partially liable due to contributory
negligence. The clock could be viewed as hazardous, since it has been struck
by three previous vehicles since its installation in the spring of 1994.
Based on the above, it is our recommendation that Your Honorable Body approve
GEICO's offer of $5,000 as full settlement of this matter.
Mrs. LoTempio moved:
That the communication from the Department of Law, dated July 16, 1996, be
received and filed; and
That the Corporation Counsel be, and he hereby is, authorized to accept
Government Employers Insurance Company offer of $5,000 as full settlement of
the City's claim against Shane A. Hallnan.
PASSED
AYES - 11 NOES - 0
No. 55
Agreements with Erie County Water Authority
Attached are two Agreements between the City of Buffalo and the
Erie County Water Authority relating to detection of leaks and repair of water
mains and lab services.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE, AND THE COMMISSIONER OF PUBLIC WORKS
No. 56
PILOT Agreement
1631 Hertel Avenue
Attached is PILOT Agreement between the City of Buffalo and Hertel
Park Associates Limited Partnership regarding 1631 Hertel Avenue.
REFERRED TO THE COMMITTEE ON FINANCE
No. 57
PILOT Agreement
3082 Main Street and 66 Custer Street
Attached is a copy of the proposed PILOT Agreement for 3082 Main
Street and 66 Custer Street between the City of Buffalo, County of Erie and
University Garden Apartments, L.P.
Mrs. LoTempio moved:
That the proposed PILOT Agreement for 3082 Main Street and 66 Custer Street
between the City of Buffalo, County of Erie, and University Garden Apartments,
L.P. is accepted for approval.
PASSED
AYES - 11 NOES - 0
No. 58
Ferry Street Lift Bridge
Attached is executed copy of the Agreement between the City of
Buffalo and the Buffalo Sewer Authority regarding the Ferry Street Lift Bridge.
RECEIVED AND FILED
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 59
Tree Problem - 3 Julius St.
Item No. 59, C.C.P., 11/28/95
In response to the above stated Common Council Communication,
I would like to supply your Honorable Body with the following information. The
Department of Community Development, Division of Housing and Inspections has no
jurisdiction concerning trees on private or public property. If a resident is
having a problem with a tree located on an adjacent property they are advised
to trim the offending tree up to the property line. If the situation exceeds
these perimeters, we advise homeowners to seek legal representation and handle
these situations in a civil proceeding. Our records indicate we have had no
involvement in this dispute and have no knowledge of the facts surrounding this
dilemma. It is my sincere hope that this response satisfies your inquiry.
RECEIVED AND FILED
No. 60
June 1996 Office Space Inventory
The Division of Planning has conducted its study of downtown office
occupancy rates entitled, "Inventory and Analysis of Office Space in the City
of Buffalo Central Business District from 1982 through June 1996."
If you should have any questions, please contact Gary Witulski, Division of
Planning at 851-4272.
REFERRED TO THE COMMITTEE ON FINANCE
No. 61
Report of Informal Bids
Shoshone Park
New Netting & Fence - Baseball Diamond No. 5
The Department of Community Development requested and received
the following informal proposals on July 17, 1996 for "Shoshone Park - New
Netting & Fence - Baseball Diamond No. 5":
CONTRACTOR BID
Armor Fence Co. of W.N.Y. Inc. $3,875
4789 Bussendorfer Road
Orchard Park, New York 14127
Wire Products Co., Inc. $6,473
565 Fillmore Avenue
Tonawanda, New York 14150
Oneida Fence No Bid
199 Grider Street
Buffalo, New York 14215
Amherst Superior Fence No Bid
338 Crosby Boulevard
Amherst, New York 14226
Erie Fence No Bid
305 Vulcan Street
Buffalo, New York 14207
Ideal Fence No Bid
2104 South Park Avenue
Buffalo, New York 14220
Designer's Estimate $3,000
The foregoing is a true and correct abstract of all bids received and Armor
Fence Co. of W.N.Y. Inc., 4789 Bussendorfer Road, Orchard Park, New York 14127
is the lowest responsible bidder. Funds for this work are available in C.P.A.
200-717-014.
I, therefore recommend that Your Honorable Body authorize the Commissioner of
Community Development to order the work by Armor Fence Co. of W.N.Y. Inc. in
the amount of $3,875.
Mrs. LoTempio moved:
That the above communication from the Department of Community Development dated
July 17, 1996 be received and filed; and
That the Commissioner of Community Development be, and he hereby is, authorized
to award a contract for the Shoshone Park - New Netting & Fence - Baseball
Diamond No. 5, to Armor Fence Co. of W.N.Y., Inc., the lowest responsible
bidder in the amount of $3,875, with said cost to be charged to C.P.A.
200-717-014.
PASSED
AYES - 11 NOES - 0
No. 62
Report of Bids - Riverside Park
Phase I - Site Work
I hereby request permission to take bids for the above project;
and have asked for and received the following bids for the Riverside Park -
Phase I - Site Work; which were opened and publicly read on June 19, 1996:
ALTERNATE BIDS NO.1 NO.2 NO.3 NO.4 NO.5
CONTRACTOR & BASE BID
Gleason's Nursery, Inc. $316,907
4780 Sheridan Drive -17,521 -22,000 -5,400 -1,100 -800
Williamsville, N.Y. 14211
The Chesley Corp., $327,000
28 Garden Avenue +19,000 +30,000 +14,000 0 +1,000
West Seneca, N.Y. 14224
Buffalo Creek Landscaping, Inc., $346,000
11800 Route 20A
Wales Center, N.Y. 14169 No Alternates Provided
Nichter Const. Co., Inc., $387,000
344 Vulcan Street -15,000 -18,000 -8,000 -5,000 -2,500
Buffalo, N.Y. 14207
The alternate bids were all deducts and were as follows: eliminate benches and
pads, eliminate 10' wide path, eliminate 6' wide path, reuse existing fence
post and rails, and finally to eliminate the temporary plastic fencing. We do
not propose to accept any of the deduct alternates at this time.
The consultant's estimate for this portion of the entire project was $255,000.
I hereby certify that the foregoing is true and correct of all bids received
for the site work and that Gleason's Nursery, Inc. is the lowest responsible
bidder in the base bid amount of $316,907. Funds for this project will be
available in Community Development Account 200-717-529.
I, therefore, recommend that Your Honorable Body authorize the Commissioner of
Community Development to order the work by Gleason's Nursery, Inc., 4780
Sheridan Drive, Williamsville, New York 14211, in the base bid amount of
$316,907.
Mrs. LoTempio moved:
That the above communication from the Department of Community Development dated
July 18, 1996 be received and filed; and
That the Commissioner of Community Development be, and he hereby is, authorized
to award a contract for Riverside Park Phase I - Site Work, to Gleason's
Nursery, Inc., the lowest responsible bidder in the amount of $316,907, with
said cost to be charged to Community Development Account 200-717-529.
PASSED
AYES - 11 NOES - 0
No. 63
Change in Contract
Reconstruction of Exchange and Carroll Streets
Contract #91835000 MPJ Contracting Inc.
I herewith submit to Your Honorable Body the following increase
in contract for additional paving and construction associated with the
reconstruction of Exchange and Carroll Streets, contract #91835000 with MPJ
Contracting Inc.:
1.) Mill and overlay Chicago Street from Carroll Street to Seneca Street unit
prices from original bid.
Add$11,985.00
2.) Replace sidewalk on the south side of Seneca Street from Police Garage
entrance to Louisiana Street - unit prices from original bid.
Add $8,600.00
3.) Reconstruct Hydraulic Street between Exchange and Carroll Streets unit
prices from original bid.
Add$45,975.00
4.) Replace, repair fence and gate at City of Buffalo Police Garage on the
north side of Carroll Street.
Add$13,692.00
Total Add$80,252.00
The preceding items are deemed necessary to properly complete the subject
project and secure the Police Garage impound lot. Items 1, 2, 3 are based on
unit prices from MPJ's original bid documents. Costs for item (4) were
reviewed by the project consultant (TVGA), DPW and Community Development.
Funds are available in C.P.A. #200-717-013.
A contract summary is as follows:
Original Contract Amount $1,616,349.00
Amount this Change #1 80,252.00
Revised Contract Amount $1,696,601.00
I therefore request Your Honorable Body to authorize an increase in contract to
MPJ Contracting Inc. as described above.
REFERRED TO THE COMMITTEE ON FINANCE
No. 64
Change in Contract - Electrical Const.
Polk Building Renovations - 2038 Genesee St
Contract #91803900 - Industrial Power and Lighting
I herewith submit to Your Honorable Body the following increase
in contract for additional electrical construction associated with renovations
to the former Polk Building at 2038 Genesee Street, Contract #91803900 with
Industrial Power and Lighting Corporation:
1) Extend main power feed, cable and conduit to rear of building due to power
source relocation mandated by Niagara Mohawk.
Add $4840.96
2) Revision to 400 amps disconnect and CT cabinet to accommodate required 3
phase service.
Add $1779.14
3) 100 Amp panel, meter channel service cable, conduit and Niagara Mohawk
charges to provide temporary power service.
Add $2072.11
4) Install Simplex alarm system in entire building including security panel,
door contacts, (2) keypads, motion detectors, cable, miscellaneous hardware and
(1) year monitoring.
Add 4,019.00
Total Add$12,711.21
The preceding items were deemed necessary to properly complete electrical work
associated with this project. All costs were reviewed by the project
architect, Carmina-Silvestri, P.C., and Community Development Engineering
Staff. Funds for this work will be available in Bond Fund #200-717-033 pending
your approval of a transfer of CDBG funds in an amount not to exceed $10,000
from account #93-03201. This matter is in the BURA agenda of 7/25/96.
A contract summary is as follows:
Original Contract Amount $103,000.00
Amount This Change #1 12,711.21
Revised Contract Amount $115,711.21
I therefore request that Your Honorable Body authorize the transfer of CDBG
funds and an increase in contract to Industrial Power and Lighting as described
above.
Mrs. LoTempio moved:
That the communication from the Department of Community Development, dated July
17, 1996, be received and filed; and
That the Commissioner of Community Development be, and he hereby is, authorized
to issue change order No. 1 to Industrial Power and Lighting Corporation,
changes resulting in a net increase in the amount of $12,711.21, as more fully
described in the above communication, for work relating to additional
electrical construction for the former Polk Building at 2038 Genesee Street,
Contract #91803900. Funds for this project are to be charged to Bond Fund
#200-717-033, pending the approval of a transfer of CDBG funds in an amount not
to exceed $10,000 from account #93-03201.
PASSED
AYES - 11 NOES - 0
No. 65
Change in Contract - HVAC Construction
Polk Building Renovations 2038 Genesee St
Contract #91803800 Northeast Mechanical
I herewith submit to Your Honorable Body the following increase
in contract for additional HVAC construction associated with renovations to the
former Polk Building at 2038 Genesee Street, contract #91803800 with Northeast
Mechanical Inc.
1) Nation Fuel billings for temporary heat in the structure for the 1995-96
winter.
Add $4,980.00
These costs were necessary due to delays in steel fabrication and erection
which prolonged the construction schedule into the winter. Temporary heat was
not in the original contract and was necessary to complete interior finishes.
Funds are available in C.P.A. #200-717-033 and a contract summary is as
follows:
Original Contract Amount $72,600.00
Amount this change #1 4,980.00
Revised Contract Amount $77,580.00
I therefore request Your Honorable Body authorize an increase in contract to
Northeast Mechanical as described above.
Mrs. LoTempio moved:
That the communication from the Department of Community Development, dated July
18, 1996, be received and filed; and
That the Commissioner of Community Development be, and he hereby is, authorized
to issue change order No. 1 to Northeast Mechanical Building, changes resulting
in a net increase in the amount of $4,980.00, as more fully described in the
above communication, for work relating to HVAC construction for the former Polk
Building at 2038 Genesee Street, Contract #91803800. Funds for this project
are to be charged to C.P.A. #200-717-033.
PASSED
AYES - 11 NOES - 0
No. 66
Home Rental Rehabilitation
253 LaSalle Avenue
I am respectfully requesting your approval for a total of $16,320.00
in Home Funds to rehabilitate 253 LaSalle Avenue, a two-unit residential house.
The apartments will be rented to the low-moderate income tenants at Fair
Market Rents, for a 15-year period at 4% interest and principal.
Mrs. LoTempio moved:
That the communication from the Department of Community Development dated July
23, 1996, be received and filed; and
That the Commissioner of Community Development be, and he hereby is, authorized
to release the amount of $16,320.00 of Home Funds to rehabilitate 253 LaSalle
Avenue, for a 15 year period at 4% interest and principal.
PASSED
AYES - 11 NOES - 0
No. 67
Environmental Remediation of the G. E. Plant Site
1489 Fillmore Avenue
We are petitioning your Honorable Body to approve the payment
of $29,780.00 less a 5% retention of $1,489.00 for a payment of $28,291.00 for
the environmental remediation of the underground contamination at the General
Electric site known as 1489 Fillmore Avenue.
The cost of this project is to be charged to the Capital Projects Fund
#200-241-003-00000.
Mrs. LoTempio moved:
That the communication from the Department of Community Development dated July
22, 1996, be received and filed; and
That the Common Council approve the payment of $29,780.00 less a five percent
(5%) retention of $1,489.00 for a payment of $28,291.00 for the environmental
remediation of the underground contamination at the General Electric site known
as 1489 Fillmore Avenue, with said cost to be charged to the Capital Projects
Fund #200-241-003-00000.
PASSED
AYES - 11 NOES - 0
No. 68
Report of Pre-Demolition Asbestos Removal
Please be advised that pre-demolition asbestos bid offers were
solicited by our department on March 8, 1996 and that the contract will be
awarded to the following lowest responsible bidders:
ADDRESS CONTRACTOR AND
AND OWNER AMOUNT OF BID
877 East Delavan Avenue Environmental Education Associates
School No. 23 $1,917.00
City of Buffalo
627 Jefferson Avenue Environmental Education Associates
School No. 41 $1,662.00
City of Buffalo
2044 Bailey Avenue Environmental Education Associates
School No. 9 $1,924.00
City of Buffalo
Please be further advised that our department will solicit bids for the
demolition of these buildings upon completion and acceptance of the removal of
the asbestos.
We, therefore, respectfully request that upon approval by your Honorable Body
that the cost of the project be charged to the Capital Projects Fund
#200-241-003-00000.
Mrs. LoTempio moved:
That the communication from the Department of Community Development dated July
18, 1996, be received and filed; and
That the award by the Commissioner of Community Development of Pre-Demolition
Asbestos Removal contracts to Environmental Education Associates at a cost of
$1,917.00, relating to 877 East Delavan Avenue; at a cost of $1,662.00,
relating to 627 Jefferson Avenue; at a cost of $1,924.00, relating to 2044
Bailey Avenue; are hereby confirmed, ratified and approved, with said cost to
be charged to the Capital Projects Fund #200-241-003-00000.
PASSED
AYES - 11 NOES - 0
FROM THE COMMISSIONER OF STREETS
No. 69
Grass and Weeds
If the honorable body could have grass and weed charges from 1995
removed from the following properties assessment roll.
145 Glenwood Ave. - Invoice number ARG00291 95, - Owner: African Cultural
Center, 350 Masten, Buffalo, NY 14209 for $52.50. Our Supervisor reported to us
that the property located at 145 Glenwood Ave. was incorrectly billed because
of Addresses not posted. Apparantly the Lots crew cut the Grass and Weeds
located at 147 Glenwood, invoice number ARG00292
Mrs. LoTempio moved:
That the communication from the Department of Street Sanitation, dated July 4,
1996, be received and filed; and
That the Common Council approves the cancellation of grass cutting charges in
the amount of $52.50 at 145 Glenwood Avenue, Invoice Number ARG00291 95, and
That the Common Council requests the Commissioner of Assessment to remove the
charges from the assessment rolls and the Commissioner of Street Sanitation to
correct his records to indicate the removal of these charges.
PASSED
AYES - 11 NOES - 0
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 70
City Hall Security
Item No. 164, C.C.P., 7/9/96
I would defer to the Police Commissioner on this matter.
I trust this answers your question.
RECEIVED AND FILED
No. 71
Winslow Ave. -Illegal Dumping
Item No. 139, C.C.P., 7/9/96
I would defer to the Streets Commissioner on this matter.
I trust this answers your question.
RECEIVED AND FILED
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 72
Certificate of Appointment
Appointment Effective July 1, 1996 in the Department of General
Services, Division Of Inventory & Stores, Lawrence Doctor, 70 Hansen Ave.,
Buffalo, NY 14220 to the position of Head Tire Mechanic, Provisional,
Promotion, at the Maximum Starting Salary of $ 25,665.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 73
Certificate of Appointment
Appointment Effective July 1, 1996 in the Department of General
Services, Division of Inventory & Stores, David Lawler, 1042 Abbott Rd,
Buffalo, NY 14220, to the position of Superintendent of Automotive Supplies,
Provisional, Appointment, at the Maximum Starting Salary of $32,145.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 74
Certificate of Appointment
Appointment Effective July 1, 1996 in the Department of General
Services, Division of Inventory & Stores, Paul Brown, 184 Pries Ave, Buffalo,
NY 14220, to the position of Senior Duplicating Machine Operator, Permanent,
Promotion at the Maximum Starting Salary of $28,692.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CITY CLERK
No. 75
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Control Board.
Business Name Owner's Name
Marine Midland Arena NY Sportservice Inc
RECEIVED AND FILED
No. 76
Leaves of Absence without pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, various departments as listed:
Comptroller - Michele Szymanski
Public Works - Darren Toczek
Fire - John Sniderhan
Street Sanitation - Nicholas Tomasulo
RECEIVED AND FILED
No. 77
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
City Planning Board
RECEIVED AND FILED
No. 78
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mrs. LoTempio moved the approval of the appointments to the position of Council
Intern.
ADOPTED
Appointment Effective July 8, 1996 in the Department of Common Council to the
Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25 per hr.
Tamara Ebo, 105 Oxford, Buffalo, NY 14209
Eugene Davis, 412 Louisiana, Buffalo, NY 14204
Tim Greene, 159 Morris, Buffalo, NY 14214
Lafleur Lee, 32 Brewster, Buffalo, NY 14211
Vincent Leising, 122 Rees St., Buffalo, NY 14213
Elizabeth Wojcik, 34 Clemo, Buffalo, NY 14206
Kenneth Hollinsworth, 22 Ivy St., Buffalo, NY 14211
Randy Brown, 29 Newton, Buffalo, NY 14212
Nicole Jowsey, 20 Fleming, Buffalo, NY 14206
Shawntel Davis, 356 Watson St., Buffalo, NY 14212
Farah Rashada, 79 Bissell Ave., Buffalo, NY 14211
Jeffery Hill, 68 Hayward, Buffalo, NY 14204
Troy Duncan, 484 Perry St., Buffalo, NY 14204
Garry Weiss, 94 Leddy, Buffalo, NY 14210
Nicholas Tice, 12 Harvey Pl., Buffalo, NY 14210
Jennifer Vigiano, 193 Downing St., Buffalo, NY 14220
Cynthia Reczek, 89 Goemble, Buffalo, NY 14225
Jacqueline Swan, 169 Floss, Buffalo, NY 14215
Joseph M. Reid, 141 Kimberly, Buffalo, NY 14220
Tishwan Dantzler, 33 Wakefield, Buffalo, NY 14214
Andrew Maggitt, 73 Sussex Street, Buffalo, NY 14214
Jesse Hughes, 223 Laurel Street, Buffalo, NY 14208
Anya Barnes, 511 Cambridge Street, Buffalo, NY 14215
Nicole Bosley, 663 Woodlawn , Buffalo, NY 14211
Chanthini Lockwood, 262 Darthmouth, Buffalo, NY 14214
Rashad Howard, 467 Wyoming Avenue, Buffalo, NY 14215
Gabriel Lopez, 61 Lilac St., Buffalo, NY 14220
Karla Cino, 48 Olcott, Buffalo, NY 14220
Quenisha Graham, 98 Bennett Village, Buffalo, NY 14214
Juan Gray, 152 W Humbolt Pkwy., Buffalo, NY 14215
Louis Loubert, 906 Prospect Ave., Buffalo, NY 14213
L,Toya Rowsey, 80 Riley St., Buffalo, NY 14209
Hilda Rosado, 360 Fargo Ave., Buffalo, NY 14213
Danielle Moore, 1153 Kensington Ave., Buffalo, NY 14215
Touriane Ann Martin, 249 Berkshire Ave., Buffalo, NY 14215
Ayanna Turner, 39 Earl St., Buffalo, NY 14211
Sa,Lena Woodard, 24 Audrey Lane, Buffalo, NY 14211
Robert Lee Morgan III, 56 Davidson Ave., Buffalo, NY 14215
Tanya Burnett, 28 Sweeney St., Buffalo, NY 14211
Arthur Williams, 349 Masten Ave., Buffalo, NY 14209
Lisa Long, 42 Winslow, Buffalo, NY 14208
Syretta McDue, 108 Glenwood Ave., Buffalo, NY 14209
Jennifer Bell-Rantin, 54 Godfrey, Buffalo, NY 14215
Jesse Mendyk, 495 Birkshire, Buffalo, NY 14215
Joshua Reiler, 538 Berkshire, Buffalo, NY 14215
Keyshaun Daley, 125 Westminister, Buffalo, NY 14215
Joseph Warr, 145 East Morris, Buffalo, NY 14214
Donald Montgomery, 525 Stockbridge, Buffalo, NY 14215
Darla Brown, 1030 Kensington, Buffalo, NY 14215
Tramel Bishop, 79 Leonard, Buffalo, NY 14215
Carl Smith, 207 Millicent, Buffalo, NY 14215
Carlos Smith, 207 Millicent, Buffalo, NY 14215
Lauren Smith, 587 Highgate, Buffalo, NY 14215
Eric McIwain, 49 Erskine, Buffalo, NY 14215
Elisse Battle, 347 Starin Ave., Buffalo, NY 14214
Michael Capuana, 63 Radcliffe, Buffalo, NY 14214
Christopher Moore, 859 Humboldt Pkwy., Buffalo, NY 14208
Martin Sweeney, 25 Evandene, Buffalo, NY 14214
Kenny Harris, 497 Parker Ave., Buffalo, NY 14216
Brenton Montgomery, 508 Stockbridge, Buffalo, NY 14215
Theodore Daughtry, 195 Weston, Buffalo, NY 14215
Candyce Adams, 1034 Kensington, Buffalo, NY 14215
Caitlin Connelly, 38 Woodward, Buffalo, NY 14216
Rachel Maccagnano, 229 Summit, Buffalo, NY 14214
Katharine Curtains, 189 University Ave., Buffalo, NY 14214
Lance Martin, 455 Voorhees, Buffalo, NY 14216
Ruth Fabiano, 395 Voorhees, Buffalo, NY 14216
Mary Cannan, 825 Tacoma, Buffalo, NY 14216
Star Handley, 454 Darthmouth, Buffalo, NY 14215
Armonder Badger, 188 Chester St., Buffalo, NY 14208
Ryan Sullivan, 425 Eden St, Buffalo, NY 14220
Adrian Margual, 509 Plymouth, Buffalo, NY 14213
Sarah McKeon, 454 Crescent, Buffalo, NY 14214
Appointment Effective July 11, 1996 in the Department of Common Council to the
Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25 per hr.
Roof Rhiannon, 417 Abbott, Buffalo, NY 14220
Nina Conley, 15 Thornton Ave., Buffalo, NY 14215
Appointment Effective July 15, 1996 in the Department of Common Council to the
Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25 per hr.
Frank Coronado, Jr., 54 East Oakwood, Buffalo, NY 14214
Aisha Benjamin, 78 Stevens Avenue, Buffalo, NY 14215
James A. Carter, 25 Shirley, Buffalo, NY 14215
Appointment Effective July 8, 1996 in the Department of Common Council to the
Position of Intern III, Seasonal, at the Flat Starting Salary of $5.00 per hr.
Michael Brundige, 24 18th St., Buffalo, NY 14213
Lottie Purdue, 373 Bisselle St, Buffalo, NY 14211
Appointment Effective July 15, 1996 in the Department of Common Council to the
Position of Intern III, Seasonal, at the Flat Starting Salary of $5.00 per hr.
Eugene Davis, 412 Louisiana, Buffalo, NY 14204
Tim Greene, 159 Morris, Buffalo, NY 14214
Loren Hinkle, 19 Donaldson Rd., Buffalo, NY 14208
Nicole Karamons, 90 Olcott Ave., Buffalo, NY 14220
LaKeshia McMillen, 254 Krettner St., Buffalo, NY 14212
Appointment Effective July 8, 1996 in the Department of Common Council to the
Position of Intern III, Seasonal, at the Flat Starting Salary of $5.00 per hr.
Sarah Fiorella, 530 Lafayette, Buffalo,NY 14222
Micheal Flores, 44 Victoria, Buffalo, NY 14214
Shalese Foster, 649 Libson Ave., Buffalo, NY 14215
Tomieka Green, 994 Laffayette, Buffalo, NY 14209
Tasheen James, 1789 Bailey Ave., Buffalo, NY 14211
Jason Lemon, 230 Parkridge, Buffalo, NY 14206
Omari Lias, 88 Millicent, Buffalo, NY 14215
Daniell Peoples, 237 South Division, Buffalo, NY 14204
Kenneth Pittman, 105 Rounds Ave., Buffalo, NY 14215
Jocelyn Platt, 32 Laffayette Sq., Buffalo, NY 14203
Jackie Roberson, 561 Masten Ave., Buffalo, NY 14209
Robert Dennison, 2136 Main St., Buffalo, NY 14214
Harry Vick, 171 Linwood Ave, Buffalo, NY 14209
Anna Ventresca, 84 Lorraine, Buffalo, NY 14220
Jacquelyn Mott, 170 Congress St., Buffalo, NY 14214
Melissa Cummings, 33 Virgil Avenue, Buffalo, NY 14216
Felix Santiago, 375 Plymouth, Buffalo, NY 14213
Thomas McMahon, 47 Belvedere Rd., Buffalo, NY 14220
Appointment Effective July 8, 1996 in the Department of Common Council to the
Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00 hr.
Kelly Asher, 132 Cantwell, Buffalo, NY 14220
Rafael Gomez, 461 Crescent, Buffalo, NY 14214
Michelle Moore, 17 East Depew, Buffalo, NY l4214
Delia Cannan, 825 Tacoma, Buffalo, NY 14216
Kandyce L. Jones, 78 Fernhill Avenue, Buffalo, NY 14215
Eunice Stokes, 515 Dodge Street, Buffalo, NY 14208
Nancy Mercado, 319 Maryland St., Buffalo, NY 14201
Appointment Effective July 8, 1996 in the Department of Common Council to the
Position of Intern V, Seasonal, at the Flat Starting Salary of $8.00 per hr.
Ken Gibson, 108 Greenfield St., Buffalo, NY 14214
Catherine Gustina, 111 University, Buffalo, NY 14214
No. 79
Appointments-Mayor's Youth Opportunity & Employment
I transmit herewith appointments made in the Mayor's Youth Opportunities
and Employments Programs.
RECEIVED AND FILED
Appointment Effective: July 8, 1996 in the Department of Mayor's Office,
Division of Youth Opportunity and Employment Programs, to the Position of
Intern II, Temporary, at the Flat Starting Salary of $4.25 per hr.
Adrian Mangual, 509 Plymouth Ave., Buffalo, NY 14213
Sarah McKeon, 454 Crescent Ave., Buffalo, NY 14214
Adrien McCollum, 360 Davidson, Buffalo, NY 14215
Katherine McKeon, 454 Crescent Ave., Buffalo,NY 14214
Steven Minotti, 435 Guethe St., Buffalo, NY 14212
Christopher Nasca, 12 Woodley Rd., Buffalo, NY 14215
Kevin O'Neil, 866 Abbott Rd., Buffalo, NY 14220
Andrew Shea, 203 McKinley Parkway, Buffalo NY 14220
Daniel Soffin, 35 Hecla Street, Buffalo, NY 14216
Jathan Stewart, 366 Warwick Ave., Buffalo, NY 14215
Courtney Sullivan 425 Eden St., Buffalo, NY 14220
Dennis Taylor, 214 Linden Ave., Buffalo, NY 14216
Jeanette Tyson, 817 Humbolt Parkway, Buffalo, NY 14208
Suzanne Vara, 157 Norwalk Avenue, Buffalo, NY 14216
Lindsay Violino, 25 Irving Place, Buffalo, NY 14201
Angela Weary, 1 Viola Park, Buffalo, NY 14208
Rachel Williams, 121 Burke Drive, Buffalo, NY 14215
Alice Zebracki, 1092 Abbott Road, Buffalo, NY 14220
Keith Zolnowski, 427 Ideal St., Buffalo, NY 14206
Margo Brimmer, 281 Saranac Ave., Buffalo, NY 14216
Jason Maiola, 359 McKinley Parkway, Buffalo, NY 14220
Jessica Mandell, 78 Starin Ave., Buffalo, NY 14214
Brad D. Saunders, 23 Klaus St., Buffalo, NY 14206
Otis P. Stephens, 163 Blaine Avenue, Buffalo, NY 14208
Orlando Benson, 319 Roslyn St., Buffalo, NY 14215
Tammy Colley, 133 Avery, Buffalo, NY 14206
Lorenzo Henley, 217 Oakmont, Buffalo, NY 14215
Michael Maggio, 115 Wingate Ave., Buffalo, NY 14216
Joseph Sirianni, 694 Tacoma Ave., Buffalo, NY 14216
Reginald Wright Jr., 115 Poultney Ave., Buffalo, NY 14215
Marielle Mecca, 763 Colombus Parkway, Buffalo, NY 14213
Jessica K. Teresi, 474 Starin Avenue, Buffalo, NY 14216
Shaun Baxter, 105 Deerfield Ave., Buffalo, NY 14215
Michael Boryszak, 52 Whitehall, Buffalo, NY 14220
Jabalera Carlos, 17 Goodyear, Buffalo, NY
Mandrell Duncan, 377 South Division, Buffalo, NY 14204
Leonard Elder, 40 French St, Buffalo, NY 14211
Robert Feliciano, 79 Manchester Pl, Buffalo, NY 14213
Rebecca Garrett, 161 Clarence Ave, Buffalo, NY 14215
Erica Pellicci, 41 Virgil, Buffalo, NY 14216
Omar Pinero, 13 Winter Street, Buffalo, NY 14213
Aneesha L. Richardson, 122 Hanlin Road, Buffalo, NY 14208
Jessica Rine, 499 Fargo Ave., Buffalo, NY 14213
Samuel Rizzo, 20 Tioga Street, Buffalo, NY 14216
Rashon Roberson, 353 Warwick Ave., Buffalo, NY 14215
Lorenzo Rodriguez, 63 Hillery Street, Buffalo, NY 14210
James Hitches, 1845 Clinton St., Buffalo, NY 14206
Laron Hough, 39 Stewart, Buffalo, NY 14211
Diana Jackson, 87 Waverly St., Buffalo, NY 14209
Ralph Jones, 31 Meller St., Buffalo, NY 14211
Ireneusz Muchalski, 111-D Kenville Rd., Buffalo, NY 14215
James Paul, 139 Kelburn, Buffalo, NY 14206
Joe Szcodrowski, 108 Cable St., Buffalo, NY 14206
Jerome Williams, 37 Oxford Ave., Buffalo, NY 14209
Jack J. Alagna, 23 Lovering Ave., Buffalo, NY 14216
William Bohen, 141 McKinley Parkway, Buffalo, NY 14220
Brian Carr, 160 Tuscarora Road, Buffalo, NY 14220
Jaclyn M. Cannarozzo, 26 Woodette Place, Buffalo, NY 14207
Shannon Dean, 340 Eden Street, Buffalo, NY 14220
Lisa Porter, 34 Campbell Avenue, Buffalo, NY 14216
Christina Cole, 277 East Street, Buffalo, NY 14207
Shenique Willis, 390 West Ferry, Buffalo, NY 14213
Adaffaras Adal, 74 7th Street, Buffalo, NY 14201
Joel Rivera, 35 Whitney Pl., Buffalo, NY 14201
Daniel Angel Castro, 38 Trow Bridge St., Buffalo, NY 14220
Kenon Jackson, 253 Highgate, Buffalo, NY 14205
Garmmeka Gray, 112 Gittere St, Buffalo, NY 14211
Suleiman Eatman, 194 Cambridge Ave., Buffalo, NY 14215
James Frankhauser, 47 Crossman, Buffalo, NY 14211
Kelly LeCastre, 597 Lafayette Ave, Buffalo, NY 14222
Lori Partin, 446 Winslow Ave., Buffalo, NY 14211
Phillip Pieczynski, 29 Krakow St., Buffalo, NY 14206
Amy Ratchuk, 50 Hollywood Ave., Buffalo, NY 14220
Donnell Sharp, 81 Interpark Ave., Buffalo, NY 14211
Kevin Della Penta Jr., 208 Lisbon, Buffalo, NY 14215
Nick Tice, 12 Harvey, Buffalo, NY 14210
James White, 167 Cantwell Dr., Buffalo, NY 14220
David Williams, 287 Woltz Ave., Buffalo, NY 14211
Stephan Young, 181 New, Buffalo, NY 14215
Sean Appler, 164 Whitfield Ave., Buffalo, NY 14220
Jasmine Brown, 41 Wood Ave., Buffalo, NY 14211
Melanie Dijames, 52 Lovering Ave., Buffalo, NY 14216
Shatikqua Lewis, 342 Starin Ave., Buffalo, NY 14216
Larry Burks, 40 Janet St., Buffalo, NY 14215
Ronald Calvin, 52 Hagen St., Buffalo, NY 14211
Laura Cavaretta, 88 Mariemont Ave., Buffalo, NY 14220
Tim Clouden, 100 Parkview, Buffalo, NY 14210
Chandra Davis, 112 Oxfork Ave., Buffalo, NY 14204
Karen Cancilla, 179 Norwalk Ave., Buffalo, NY 14216
Nicolas Craig, 206 Brinkman Ave., Buffalo, NY 14211
Anthony Barone, 20 Crestwood Ave., Buffalo, NY 14216
Jamar Cunningham, 158 Timon St., Buffalo, NY 14208
Michele Dobo, 1681 Amherst Street, Buffalo, NY 14214
Kevin Durmaj, 32 Edson St., Buffalo, NY 14210
Maria Falzone, 174 Greenfield, Buffalo, NY 14214
Jared Gaik, 306 Hartwell, Buffalo, NY 14216
Joshua Gomez, 461 Crescent Ave., Buffalo, NY 14214
Tasha Gonzolez, 466 South Park, Buffalo, NY 14204
Kelly A. Herlan, 251 Columbus Ave., Buffalo, NY 14220
Elizabeth Higgins, 145 McKinley Parkway, Buffalo, NY, 14220
Erin Higgins, 83 South Ogden, Buffalo, NY 14210
Carl Hunley, 911 Northampton, Buffalo, NY 14211
Morgan Adleman, 255 North Dr., Buffalo, NY 14216
Philip Agostino, 335 Commonwealth, Buffalo, NY 14216
Thomas Amodeo, 42 Tioga St., Buffalo NY 14216
Damaris Arroyo, 99 Brayton, Buffalo, NY 14213
Leon Arnold, 40 Proctor Ave., Buffalo, NY 14215
Anthony Austin, 225 Timon St., Buffalo, NY 14208
Demario Badger, 188 Chester, Buffalo, NY 14208
Gloria Hunt, 326 W. Delavan, Buffalo, NY 14208
Terry Keane, 97 Turner Ave., Buffalo, NY 14220
Aisha Khatib, 862 Fillmore Ave., Buffalo, NY 14212
Robert Krieqer III, 388 Longnecker, Buffalo, NY 14206
Lori Lehman, 100 Orlando St., Buffalo, NY 14210
Aida Lozada, 509 Plymouth Ave., Buffalo, NY 14213
Jennifer Mangiapane, 69 Custer St., Buffalo, NY 14214
Frank DiLeo, 58 Crestwood Ave., Buffalo, NY 14216
Daniel DiPirro, 52 Taunton Pl., Buffalo, NY 14216
Donald Draine, 31 Woeppel St., Buffalo, NY 14211
Darryl Faines, 67 Colfax, Buffalo, NY 14215
Naomi Feola, 2030 Clinton St., Buffalo, NY 14206
Dina Ferraraccio, 257 Ludington St., Buffalo, NY 14206
Andrea Figueroa, 24 Covington Rd., Buffalo, NY 14216
Gary Bastian, 797 Bailey Ave., Buffalo, NY 14211
Deonna Baudo, 477 Colvin Ave., Buffalo, NY 14216
Timothy Barrett, 30 Ridgewood, Buffalo NY 14220
Danielle Barton, 293 Highgate Ave., Buffalo, NY 14215
Meredith Beck, 536 Auburn Ave., Buffalo, NY 14222
Jason Bellamy, 43 Academy Rd., Buffalo, NY 14211
John Bellamy, 705 Hombolt Parkway, Buffalo, NY 14208
Andrea Teresi, 474 Starin Avenue, Buffalo, NY 14216
Michelle Palamara, 186 Saranac Avenue, Buffalo, NY 14216
Corey McCarthy, 130 Crescent Avenue, Buffalo, NY 14214
Waynika Jones, 588 Riley St., Buffalo, NY 14208
Ricardo Santana, 314 Vermont St., Buffalo, NY 14213
Nadia Seabrook, 253 Northland Ave., Buffalo, NY 14208
Jordan Washingston, 276 Bissell Avenue, Buffalo, NY 14211
Charles Jones, 170 Jewett Avenue, Buffalo, NY 14214
Wiley Caver, 647 Woodlawn Avenue, Buffalo, NY 14211
Dennis O'Conner, 93 Dempster., Buffalo, NY 14206
Nicholas Gunther, 325 Huntington Avenue, Buffalo, NY 14210
Jose G. Rivera, 191 14th Street, Buffalo, NY 14213
Michelle Malesky, 212 Chadduck, Buffalo, NY 14207
Monique Maccagnano, 887 Amherst St, Buffalo, NY 14216
David Paul, 44 Pavonia St., Buffalo, NY 14207
Deanna Dellapenta, 7 Hartman Pl., Buffalo, NY 14207
Jill Ziolkowski, 82 Howell St., Buffalo, NY 14207
Ramilda Dilimone, 887 Amherst St., Buffalo, NY 14216
Amanda Andersen, 2047 Niagara St., Buffalo, NY 14207
Jill Turchatelli, 70 Carmel, Buffalo, NY 14214
Kelly Maccagnano, 229 Summit, Buffalo, NY 14214
Monica Wideman, 263 Davidson, Buffalo, NY 14215
Appointment Effective July 8, 1996 in the Department of Mayor's Office,
Division of Youth Opportunity and Employment Programs, to the Position of
Intern III, Temporary, at the Flat Starting Salary of $5.00 per hr.
Lou Ann Loubert, 906 Prospect Ave., Buffalo, NY 14213
Ramon Smith, 326 French St., Buffalo, NY 14211
Jennifer Barrett, 21 Glendhu, Buffalo, NY 14210
Llasmin Orsini Fuentes, 64 Tioga St., Buffalo, NY 14216
Keysha Searles, 127 Steven Ave., Buffalo, NY 14215
Tamekia Slaughter, 240 Wilson St., Buffalo, NY 14212
Leonardo Tempestoso, 2282 Seneca St, Buffalo, NY 14210
Appointment Effective June 25, 1996 in the Department of Mayor's Office,
Division of Youth Opportunity and Employment Programs, to the Position of
Intern II, Temporary, at the Flat Starting Salary of $4.25 per hr.
LaSherice Chambers, 218 Miller Ave., Buffalo, NY 14212
Joel Matthews, 211 May St., Buffalo, NY 14211
Candida Davis, 979 Northland Ave., Buffalo, NY 14215
Appointment Effective July 8, 1996 in the Department of Mayor's Office,
Division of Youth Opportunity and Employment Program, to the Position of Intern
VI, Seasonal, at the Flat Starting Salary of $10.00 per hr.
Daniel Lombardo, 116 Bidwell Pkwy., Buffalo, NY 14222
No. 80
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
RECEIVED AND FILED
DEPARTMENT OF STADIUM & AUDITORIUM
Appointment Effective July 5, 1996 in the Department of Stadium and Auditorium
Division of North AmeriCare Park, to the Position of Laborer I, Seasonal, at
the Flat Starting Salary of $6.22 per hr.
Thomas Long, 14 Yale Place, Buffalo, NY 14210
DEPARTMENT OF AUDIT & CONTROL
Appointment Effective July 8, 1996 in the Department of Audit and Control,
Division of Real Esthe to the Position of Laborer I, Seasonal, at the Flat
Starting Salary of $6.22 per hr.
Michael Kuzma, 37 Norwalk, Buffalo, NY 14216
DEPARTMENT OF PUBLIC WORKS
Appointment effective July 8, 1996 in the Department of Public works, Division
of Engineering, to the Position of Clerk, Seasonal, at the Flat Starting Salary
of $5.20 per hr.
Ivy Johnson, 140 E. Morris Avenue, Buffalo, NY 14214
DEPARTMENT OF STREET SANITATION
Appointment Effective July 11, 1996 in the Department of Street Sanitation to
the Position of Seasonal Laborer II, Seasonal, at the Flat Starting Salary of
$6.92 per hr.
Barrett A. Ward, 106 Wellington Road, Buffalo, NY 14216
DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION
Appointment Effective July 3, 1996 in the Department of Human Services,
Division of Recreation, to the position of Lifeguard, Seasoal, at the Flat
Starting Salary of $5.20 per hr.
Josh McMahon, 81 Briggs, Buffalo, NY 14207
Appointment Effective July 5, 1996 in the Department of Human Services,
Division of Recreation, to the position of Fee Collector, Seasonal, at the Flat
Starting Salary of $4.94 per hr.
Cheryl Murphy, 21 Turner, Buffalo, NY 14220
Appointment Effective July 9, 1996 in the Department of Human Services,
Division of Youth, to the Position of Supervisor, Temporary, at the Flat
Starting Salary of $5.20 per hr.
Amy Carlson, 36 Lafayette, Buffalo, NY 14213
Shirley Montgomery, 347 Northumberland, Buffalo, NY 14215
Appointment Effective July 11, 1996 in the Department of Human Services,
Division of Youth, to the Position of Attendant, Temporary, at the Flat
Starting Salary of $4.42 per hr.
Michael McCool, 130 Vandalia, Buffalo, NY 14204
Appointment Effective July 9,1996 in the Department of Human Services, Division
of Recreation, to the Position of Lifeguard, Seasonal, at the Flat Starting
Salary of $5.20 per hr.
Nicholas Bertini, 38 Hubbell, Buffalo, NY 14220
Aaron Borczynski, 33 Gatchell, Buffalo, NY 14212
Kristi Sokol, 5 Glenn, Buffalo, NY 14206
Eric Zack, 54 Coburg Street, Buffalo, NY 14216
Christopher Smith, 239 Wallace, Buffalo, NY 14216
Appointment Effective July 10, 1996 in the Department of Human Services,
Division of Recreation, to the Position of Lifeguard, Seasonal, at the Flat
Starting Salary of $5.20 per hr.
Malik Blyden, 316 Landon Street, Buffalo, NY 14211
Jamie Gabamonte, 139 Kamper, Buffalo, NY 14210
Misty Wittek, 146 Central, Buffalo, NY 14206
Appointment Effective July 16, 1996 in the Department of Human Services,
Division of Recreation, to the Position of Lifeguard, Seasonal, at the Flat
Starting Salary of $5.20 per hr.
Alicia Ventresca, 85 Lorraine, Buffalo, NY 14220
Appointment Effective July 17, 1996 in the Department of Human Services, Parks
& Recreation, Division of Youth, to the Position of Attendant, Temporary, at
the Flat Starting Salary of $4.42 per hr.
Joseph Bevill, 280 W. Delavan, Buffalo, NY 14213
No. 81
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the Minimum (Temporary, Provisional, Permanent) and for Appointments at the
Maximum (as per contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
DEPARTMENT OF POLICE
Appointment Effective July 10, 1996 in the Department of Police to the Position
of Provisional Report Technician, at the Minimum Starting Salary of $21,126.
Pamela A. Zawistowski, 10 Kentucky Street, Buffalo, NY 14204
Deborah E. Longo, 161 West Delavan Street, Buffalo, NY 14213
Appointment Effective July 8, 1996 in the Department of Police to the Position
of Contingent Permanent Lieutenant, at the Flat Starting Salary of $49,769.
Patrick O'Mara, 43 Hiler, Kenmore, NY 14217
Appointment Effective July 8, 1996 in the Department of Police to the Position
of Contingent Permanent Inspector, at the Flat Starting Salary of $ 62,745.
William J. Misztal, 72 Woodgate Rd., Tonawanda, NY 14150
Appointment Effective July 8, 1996 in the Department of Police to the Position
of Permanent Inspector, at the Flat Starting Salary of $ 62,745.
Kevin J. Comerford, 5076 Lake Shore Rd., Hamburg, NY 14075
DEPARTMENT OF FIRE
Appointment Effective July 5, 1996, in the Department of Fire to the Position
of Battalion Chief, Permanent, at the Flat Starting Salary of $55,349.
John W. Sniderhan, 158 Cushing, Buffalo, NY 14220
Appointment Effective July 5, 1996 in the Department of Fire to the Position of
Battalion Chief, Contingent Permanent, at the Flat Starting Salary of $55,349.
James Kelly, 238 Fawn Trail, West Seneca, NY 14224
DEPARTMENT OF LAW
Appointment Effective July 17, 1996 in the Department of Law, to the Position
of Assistant Corporation Counsel II, Permanent, at the Minimum Starting Salary
of $45,335.
Sandra Nasca, 90 Huntington Avenue, Buffalo, NY 14214
NON-OFFICIAL COMMUNICATIONS,
PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 82
N. AMIGONE
Resignation - Citizens Advisory Council
Regrettably, I must submit my resignation to you as a member of
the Citizen's Advisory Committee.
I am not willing to prepare and submit a financial disclosure form and it
appears that submission of such a form is a requirement to serve on the CAC.
Accordingly, please accept this letter as my resignation.
I have enjoyed my service over the past two years and make myself available to
you or other members of the administration for the betterment of our fair city.
Thank you for your attention.
RECEIVED AND FILED
No. 83
B.E.D.C.
NE Buffalo Parkway - Response to Resident Concerns
Item No. 88, C.C.P., June 11, 1996
Item No. 90, C.C.P., June 11, 1996
Attached is a letter from Mayor Anthony Masiello to Mr. Alonzo
Barnes & Others responding to concerns from residents of Pembroke and Warwick
Avenues regarding the Northeast Buffalo Parkway.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
No. 84
GAL-VAN DEV., INC.
Proposal - Problems Between Homewners & Home Builders
We would like to propose the following action to be taken by the
Common Council in order to remedy and prevent misunderstandings that we believe
underlie some of the existing problems between homeowners and home builders.
We believe the homeowner deserves a well built home for his money, and we also
believe that the warranties given on such a home must be met 100%, but there is
a time limit for such warranties.
Our proposal would involve the Community Based Organization (CBO) to work with
the homeowners when they have problems they don't believe are being resolved
with their builder. We would encourage the homeowners and CBO to understand
before and after the purchase and construction of their homes what the
obligations and responsibilities of both parties are. A homeowner that
requests work that should have been done and is being ignored by the builder
will be encouraged to contact their CBO to prevent this condition from growing
worse. If a builder does not respond, the CBO will notify City Hall inspectors
who are in constant touch with the builders to help resolve problems. We
believe in some cases that homeowners do not fully understand what the warranty
on their home constitutes and may neglect to do home maintenance with the
belief that it will be taken care of by the builder.
We want homeowners and homebuilders to accept their obligations and
responsibility to the fullest, and that means cooperating with one another. If
we have the CBO as our first line of cooperation prior to construction and
through the 1-2 year warranty program, both homeowner and homebuilder will
benefit from this program.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND COMMISSIONER OF
COMMUNITY DEVELOPMENT
No. 85
K. GEMEREK
Complaints - Treatment by B.S.A.
My name is Kevin R. Gemerek, I live at 106 Amber Street, Buffalo,
New York 14220. For the past 15 years I have been an employee of the Buffalo
Sewer Authority. I have and always have had a good work record and have never
been the subject of any disciplinary actions.
I'm writing this letter to inform you of the ongoing threats, intimidation,
harassment by phone, mail, and at my personal residence, to myself personally
and my family. The situation at the Buffalo Sewer Authority has caused my
entire family in general, and myself personally, unjust amounts of stress.
There is no end to the harassment, threats and retaliation being directed at
myself and others.
I am pleading with you on behalf of my family and others, that you look into
the ongoing legal, labor and financial situations at the Buffalo Sewer
Authority. I also believe you should investigate all sexual, racial and
political abuses.
I have studied and worked extremely hard at my career, managing to pass and
obtain Grade #2A, Grade #1A, Grade #4A New York State Licenses. I have
obtained all of my positions fairly by passing all the Civil Service Exams. I
have never paid a dime for any position I obtained. I have personally received
threats, harassment, and finally retaliation for exercising my legal, union,
and civil rights at the personal direction of Mr. Anthony Hazzan, who I feel is
totally unqualified to hold the position he now holds in Sewage Treatment.
What qualifications could he possibly possess to be directing the entire day to
day business of a 360 M.G.D. Sewage Treatment Plant?
In closing, I want you to know that it has been related to me that by taking
this action, it will end up costing me what job that I have left. I cannot
live with being a coward so I am risking my job and the welfare of my children
to publicly ask for an investigation of the Buffalo Sewer Authority and a
number of Administrative Personnel, ethics, actions, and certain relationships
of a legal, financial, ethical and political nature. I will not give up my
efforts until the personnel there and the situation there are brought to a just
conclusion and I'm asking for your help in exposing these people and the
ongoing affairs of the Buffalo Sewer Authority.
I sincerely hope you will help me and the other employees that are too afraid
to take any action. Thank you for hearing my voice.
REFERRED TO THE COMMITTEE ON LEGISLATION, BUFFALO SEWER AUTHORITY, AND
CORPORATION COUNSEL
No. 86
HOUSE OF GOD CHURCH
Request Cancellation of Grass Cutting/Foreclosure Fee
We the members of the House of God Church, are requesting, that
the grass cutting charge of $95.18 and the foreclosure fee of $400. 00 be
canceled by the Common Council. This cost was applied to the 1993-1994 City
Tax and the service was performed in 1991, address being, 389 High Street
(church lot).
The church never received any billings of this cost. The, address given to the
city for mailing purposes was 304 French Street on the notices that the city
sent out shows 104 French, clearly a mistake. We found out about the
foreclosure when the city finally mailed it to the church address of 387 High
Street. We the members of the House of God Church never received any notice of
payment for grass cutting.
We have been members of this church for thirty years and have never had any
trouble with the city about cutting grass, had we known sooner about the charge
we would have made provisions to pay. We have been taking care of our
property.
We have been vandalized several times and are in the process of replacing items
taken. We do not need this added charge.
Please, please drop the charges assessed to this property. Thanking you in
advance and may God Richly Bless All of You.
REFERRED TO THE COMMITTEE ON FINANCE
No. 87
L. KRAJNA
Reverse Charges Of Delinquent Taxes
For Sidewalk Repair - 2245 Genesee St.
I am writing to ask for your assistance on a matter that I have
been working on for the past 5 years.
My husband and I own a contracting business, based out of our offices at 2245
Genesee. Five years ago the Block Club complained about our sidewalks, Mr.
Walter Flynn contacted us regarding their repair, and we informed him we were
in the process of negotiating with Niagara Mohawk and NY Telephone to remove a
power & phone pole in this area. This would have required replacement of the
sidewalk in question. We had ongoing conversations with Mr. Flynn, Mr.
Terrance Hannon and Mr. Lawrence Grasso, all of the City, regarding this
matter. Then one day, unannounced, the work was done by the City. My husband
and I were then billed for the work. When we refused to pay the bill, it was
attached to our "account" and is now being called delinquent taxes and we have
just received a foreclosure notice.
From the very beginning we protested the necessity of this work being done, and
us paying for it. The damage was not major, the sidewalks were usable,
passable and kept clear from snow & debris. The damage was clearly "tree root"
orientated, and in the right of way of the property, between the sidewalk and
curb. (See attached photo)
The sidewalk was replace from the corner of Genesee, proceeding down Eller the
length of our property, past our property and continued the full length of our
neighbors house. By the way, our neighbor was not billed or tax leined for
this work.
The stump, which is the cause of this damage, still remains, as the City
workers repaired around it. Which means, in the future, this will all happen
again. I am, and have been on an ongoing basis, protesting that the damage was
tree root related. I have enclosed a photo of the area in question, including
the stump. It is clear to me that the damage should have been repaired at the
City's expense, due to it being in the right of way, and tree root related.
Prior to the purchase of this piece of land at Eller & Genesee it was the home
of a burned down fruit market. We have cleaned up the lot, put a new building
on it, employ neighborhood workers, and keep a quiet, clean environment. It is
a great addition to the neighborhood.
I am respectively asking for your assistance in this matter to reverse the
charge of the repairs, and put them where they originally should have been, in
the City's budget as their expense. I am also under a time constraint, August
20th, of the foreclosure. Our taxes are, and always have been current. We are
a small business and feel that this is an unfair charge against us.
Thank you for your consideration.
REFERRED TO THE COMMITTEE ON FINANCE AND COMMISSIONER OF PUBLIC WORKS
No. 88
NIAGARA INSULATIONS, INC.
Complaint - Committee on Cobblestone Streets
About 2 months ago, a committee on the cobblestone streets met
with you on the future of the streets in and around the new arena. On this
committee were myself, Ed Patton, Tim Tielman, John Conlon and Jim Lewis. I
was certain that as a result of that meeting that no action would be taken on
Baltimore or Columbia Streets without the committee being notified. I
certainly am incensed about Baltimore Street's disappearance on July 9.
Tim Tielman went nuts and justifiably so. You took the day off! This only
drives a wedge between he and Larry Quinn and I don't believe even Larry has
anything to do with this.
I am sick and tired of Larry and Tim tangling unnecessarily, it does the
district no good. Don't ask for community input and then disregard the very
group you put together.
REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE AND COBBLESTONE TASK FORCE
No. 89
CARL PALADINO
Jefferson and William, Buffalo, NY
Rite Aid Project
I submit the following in response to the question raised at the
Committee on Finance on Tuesday, July 2, 1996, as to the purpose of the
transcript that was transcribed by the public stenographer brought into the
Council Chambers by me.
As noted on the record at the Finance Committee meeting, the stenographer was
there for the purpose of recording all deliberations on the subject matter for
the immediate purpose of our recollection.
Insofar as the proceedings were a "public" hearing of a Committee of the Common
Council in Council Chambers, we did not at any time have any thoughts that
prior permission would be necessary. The hearing was held at 10:00 a.m. We
were notified of the need to be at the hearing at 4:30 p.m. the prior afternoon
by a Council staff person.
Such proceedings in Council Chambers are frequently attended by the press and
others who record, apparently, without specific prior permission.
If protocol is that prior permission is required to have a public stenographer
record the proceedings on the floor of the Common Council, then we will do so
in the future and this letter shall serve as our request that we be allowed at
future proceedings to have a public stenographer present for the purpose of
taking a record of deliberations on issues affecting us.
The need to have an independent stenographer present is compelled by the
following:
1. In prior experiences where we have requested transcripts of the proceedings
from the Council, the process was inordinately long and cumbersome and deprived
us of the ability to have a transcript on or before the next meeting on the
issue.
2. Prior experience, specifically with reference to a proceeding of the
Economic Development Committee of the Buffalo Common Council that took place on
June 30, 1993, revealed that a correct and complete record and transcription of
the proceeding was not kept.
At that time, the record of a verbal assault by Mr. Pitts upon me during the
course of the proceeding was not kept either by transcription or by tape
recording. We were given the excuse that the stenographer was instructed to go
off the record at the time of the verbal assault. No one heard that
instruction. Upon learning that an actual tape recording of the meeting is
kept, we sought to hear the tape recording and discovered an apparent erasure
of the tape "gap" during the time of the verbal assault.
This letter shall serve as my request that we be given appropriate and adequate
notice of any of our matters coming before the Common Council and/or its
Committees and that we be allowed to transcribe with a public stenographer the
minutes of those meetings.
This letter shall also serve as my request for a transcript of the Finance
Committee Meeting of July 2, 1996, deliberations on the subject issue.
Thank you for your attention to the above.
RECEIVED AND FILED
No. 90
ROY PARKER
Resignation - Citizens Advisory Council
Having moved with my family to Pittsburgh, PA, I formally resign
as a member of the Citizens' Advisory Council for the City of Buffalo.
RECEIVED AND FILED
No. 91
RICH PRODUCTS CORPORATION
Breckenridge Street Church
On behalf of Rich Products, I am submitting this response to Resolution
#187 relating to the Breckenridge Street Church.
Rich Products has taken notice of the Common Council's interest in this
property. However, Rich disputes some of the facts cited in the Resolution.
Most notably, the prior owners and tenants of this property have substantially
altered the facility from its original condition. Nonetheless, Rich Products
does acknowledge the historical significance of the 44 Breckenridge Street
property.
The costs of maintaining the church are great; far exceeding our expectations.
Despite this, it is not our intention to allow for demolition of the building
by neglect.
We are currently reviewing several different possibilities for this building.
Mr. Jonathan Dandes, Vice President/General Manager of B.R. Guest, Ltd., has
been in touch with Alan DeLisle, Commissioner of Community Development,
regarding this property. At such time as we develop a proposal for the
property, we will be in touch with the Historical Preservation Society.
At this time, we feel that it would be premature to meet with the Council's
Community Development Committee regarding this property. In the event,
however, that the committee could present funding opportunities to defray the
costs of maintaining or restoring this landmark, we certainly would welcome
this assistance.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
No. 92
ROSWELL PARK
Minority Participation - Modernization Program
Enclosed please find information regarding minority participation
statistics and a current project progress overview. If you have any questions
about this report do not hesitate to call our office. Thank you.
RECEIVED AND FILED
No. 93
AMY RUSS
Resignation - Citizens Advisory Council
It is with great regret that I tender my resignation from the
Citizens Advisory Committee today in light of the Code of Ethics Annual
Disclosure Statement requirement that has been enforced.
I object to submitting this Disclosure Statement on the basis that our
committee is composed entirely of volunteers, and volunteers should be exempt
from this code.
I learned a lot about the City through my volunteer efforts with this committee
and enjoyed working with you and other members over the past two years. My
best wishes to you and continued success with the Citizens Advisory Committee.
RECEIVED AND FILED
No. 94
SPRINT
Lease Space - Hancock Water Tower
Item No. 53, C.C.P., June 25, 1996
Please find enclosed the site plan and drawings for a tower proposed
to be erected on the Hancock Water Tank in the City of Buffalo. This tower
will be part of Sprint Spectrum's statewide project to establish a digital
cellular communication network.
The tower will be located in an area zoned R2 and is permitted as a branch
telephone exchange under the Buffalo Zoning Code. The facility would consist
of a 150 foot tower, together with other site improvements, as shown on the
enclosed site plan. We understand that the City of Buffalo must issue a
building permit.
We look forward to meeting with you soon to discuss this project. In the
meantime, should you require further information, please feel free to call.
REFERRED TO THE COMMITTEE ON FINANCE
No. 95
GLOBAL MGMT.
As a businessman, property owner, and a strong proponent of the
Chippewa Street Entertainment District, there are some major concerns I have
regarding the development and renovation of the Root Building. Since
approximately 90% of this project is to be publicly funded, I feel adamant
about the fact that these concerns should be addressed before a vote is taken
on Tuesday, July 23, 1996. The Public and the Council have a right and
obligation to know!
The concerns, which are not necessarily in order of importance, are as follows:
I. FINANCING
$200,000 cash leveraging $7,200,000 in Public Funding.
$3,000,000. - Outright Grants
$3,500,000. - Low Interest Loans (I%)
$200,000. - Matching Funds
$500,000. - B.E.D.C.
II. HOUSING - 50 UNITS
Maximum Income Guidelines
$17,438. - for a Single Unit
$19,300. - for a Double Unit
(It is, therefore, possible that two working individuals each have to earn less
than minimum wage to be eligible to live in Double Units together.)
Cost per Unit $110,000.
Where will the people be attracted from to reside in these units?
What type of security will be utilized in the building? If any!
Will the Lease contain a section enlightening the resident to the noise on the
street and the odors from the restaurants?
Information has it that the Episcopal Home will run the 50 Units. Is this firm
or can changes occur after funding is secured?
What is the rental cost of the Single and Double Units?
Are the Units subsidized?
III. SUBSIDIZED FOOD COURT
Well kept secret that surfaced at the Council's Finance Meeting on July 17,
1996 Student Workforce
No Wages
No Rent
No Utilities
No Taxes
No Food Costs
School Board to pay the above!
Is the School Board committed to a contract?
What happens to the present restaurants in the area?
What competition?
Why would a prospective restaurateur want to invest in the area?
A deterrent? Probably!
What are the hours the Food Court will be open?
IV. BANQUET FACILITY
Offered to Chippewa Business persons and others
What are the terms, conditions, costs, availability surrounding this offer?
V. SOUND AND RESTAURANT ODORS
Can the Calumet continue their successful Outdoor Music and Movie series?
What about those enjoying themselves with talk and laughter on the patio at the
House O'Quinn?
What about the music from other establishments?
What about the people on the street, the traffic, and car horns?
As yet there are no blueprints or provisions proposed for sound proofing the 50
Units.
... NO GUARANTEES!
Should the City of Buffalo consider changing the Sound Decibel requirements in
the District or should the Entertainment District slowly die because of
resident complaints?
Are the area restaurant odors going to create problems for the unsuspecting
residents?
VI. PARKING
100 building residents with 35 allotted parking spots.
150 Students and approximately 20-30 staff ... where do they park?
200 person banquet facility ... where do they park?
According to all the articles I have read, the resurgence of Chippewa Street as
an Entertainment District propagates its growth through entertainment-related
businesses and additional restaurants.
Why create problems where none exist? To construct a 50 Unit resident complex
in the middle of an Entertainment District is sure to invite problems ...
resident complaints about noise, odors, and no parking are but a few ... and
history proves that without specific planning the District will surely die.
The Entertainment District was planned, created, and funded by the Private
Sector and with the blessings of the Mayor and those interested in the
resurgence of downtown Buffalo. Why destroy what the Private Sector has
initiated and created? The Root Building Project, which is seeking over 90%
Public Funding, without proper planning could destroy the catalyst in the
overall development of downtown Buffalo
As a strong proponent of the Chippewa Street Entertainment District, I would
like nothing better than to see the development and restoration of the Root
Building. And yet, so many questions and concerns ... so few answers!
I would, therefore, request that the vote on the funds for the Root Building
project be tabled until the multitude of concerns be answered to the
satisfaction of the Public and the City Council. HASTE CREATES WASTE!!
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
PETITIONS
No. 96
General Electric, Owner
Petition to Use 1854 Elmwood for a Pole Sign
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 97
Lougen Memorial AME, Owner
Petition to Use 54 Rohr for a Shelter for Men
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 98
Canisius College
Use 2003 Main - Re-roof Building
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 99
Essie Billups and Others
Request Cleanup Former ECC Site - Main & Riley Sts.
REFERRED TO THE COMMITTEE ON FINANCE AND COMMISSIONER OF COMMUNITY
DEVELOPMENT
No. 100
Edna Perry and Others
Request Paving Of Norway Park
REFERRED TO THE COMMITTEE ON FINANCE AND COMMISSIONER OF PUBLIC
WORKS
No. 101
NEAR EASTSIDE YOUTH PLANNING COUNCIL
Request Rename War Memorial Stadium
To Johnnie B. Wiley Sports Pavilion
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 102
Otis Cowart and Others
Request Repair Sidewalks, etc. - Ivy St.
REFERRED TO THE COMMITTEE ON FINANCE AND COMMISSIONER OF PUBLIC
WORKS
No. 103
Lisa Kobel and Others
Request Alternate Parking Signs be Removed
Minton and Clifford Streets
REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC
WORKS
REGULAR COMMITTEES
CIVIL SERVICE
HON. DAVID CZAJKA
CHAIRMAN
No. 104
M. Smith-Reestablish City Residency (A&F)
Item No. 58, C.C.P., June 11, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 105
Proof of Residency - M. Smith (CSC)
Item No. 79, C.C.P., June 25, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 106
Residency - M. Smith (A&F)
Item No. 54, C.C.P., July 9, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 107
Residency - M. Smith (CSC)
Item No. 59, C.C.P., July 9, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 108
Local Law Intro. No. 9 (1996)
Authority of the Director of Collections
Item No. 180, C.C.P., June 25, 1996
That the Local Law as contained in Item No. 180, C.C.P., June
25, 1996, be and the same hereby is approved.
PASSED
AYES - 11 NOES - 0
No. 109
Appointment
Administrative Assistant
That Communication 9, July 9, 1996 be received and filed and the
Permanent appointment of Pamela Grzebielucha stated above at the Intermediate
salary of $29,154.00 effective on July 1, 1996 is hereby approved.
PASSED
AYES - 11 NOES - 0
No. 110
Appointment - Junior Engineer
Item No. 24, C.C.P., July 9, 1996
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Czajka now moved:
That the provisional appointment of Richard Rychnowski, Junior Engineer,
Department of Public Works, Division of Water, at the maximum salary $32,395
effective on June 24, 1996 be, and hereby is approved.
PASSED
AYES - 11 NOES - 0
No. 111
Affirmative Action Plan
Item No. 99, C.C.P., June 11, 1996
Item No. 32, C.C.P., July 9, 1996
That the Affirmative Action Plan for the City's employment opportunity
policy, as contained in the above-referenced communication, be and hereby is
approved.
PASSED
AYES - 11 NOES - 0
No. 112
Appointment
Street Worker
That Communication 44, July 9, 1996 be received and filed and
the Permanent appointment of Mark A. Stetter, Gregory R. Wagner, Brian D.
Wells, stated above at the Intermediate salary $24,772.00 effective on July 1,
1996 is hereby approved.
PASSED
AYES - 11 NOES - 0
No. 113
Appointment
Street Worker
That Communication 45, July 9, 1996 be received and filed and
the Permanent appointment of Kevin P. Lillis Jr., Patrick A. Kelly, Patrick J.
Lynch, Michael T. Scanlon stated above at the Intermediate salary $24,772.00
effective on July 1, 1996 is hereby approved.
PASSED
AYES - 11 NOES - 0
No. 114
Appointment
Street Worker
That Communication 46, July 9, 1996 be received and filed and
the Permanent appointment of Joseph A. Chrosniak, Ronald Costanzo, Joseph P.
Coughlin, Rowan S. Gaines, Jerome Glenn, David J. Golebiewski, Marlin S. Gress,
stated above at the Maximum salary $26,327.00 effective on July 1, 1996 is
hereby approved.
PASSED
AYES - 11 NOES - 0
No. 115
Appointment
Training Officer
That Communication 47, July 9, 1996 be received and filed and
the Permanent appointment of Joseph T. Mancuso stated above at the Maximum
salary $30,669.00 effective on July 1, 1996 is hereby approved.
PASSED
AYES - 11 NOES - 0
No. 116
Appointment
Senior Clerk
That Communication 55, July 9, 1996 be received and filed and
the Permanent appointment of Carolyn Ann Lenczyk stated above at the
Promotional salary $22,651.00 effective on July 1, 1996 is hereby approved.
PASSED
AYES - 11 NOES - 0
No. 117
Appointment
Counselor III
That Communication 57, July 9, 1996 be received and filed and
the Temporary appointment of Lauris D. Robinson stated above at the
Intermediate salary $25,689.00 effective on July 1, 1996 is hereby approved.
PASSED
AYES - 11 NOES - 0
No. 118
Appointment
Senior First Class Stationary Engineer
That Communication 69, July 9, 1996 be received and filed and
the Temporary appointment of Kevin M. McAllister stated above at the Flat
salary $7.33 effective on July 1, 1996 is hereby approved.
PASSED
AYES - 11 NOES - 0
FINANCE
HON. DAVID FRANCZYK
CHAIRMAN
No. 119
Irish Welding Supply Corporation
Item No. 190, C.C.P., Mar. 5, 1996
That this Common Council support Irish Welding Supply Corporation
by urging the Commissioner of Public Works to adjust or abate their December
water bill by the powers given to him in Section 491-61 of the City Code; and
That Department of Public Works, in collusion with the Division of Water,
explore the possibilities of a new, more direct water main connected to Irish
Welding Supply Corporation, or investigate alternative options that would
circumvent such a disastrous situation such as the aforementioned; and
That the Division of Water postpone any water shut-off action at the premises
of Irish Welding Supply Corporation until this particular matter is resolved;
and
That the Commissioner of Public Works, Director of the Division of Water, and
the Law Department respond to this Council with opinions and feasible options
to: aid in the matter of the December water bill, prevent such an incident from
recurring, and to discourage Irish Welding Supply Corporation from relocating.
ADOPTED
No. 120
Distribute Recycling Boxes at Community Centers
Item No. 208, C.C.P., Feb. 20, 1996
Item No. 125, C.C.P., May 14, 1996
That the Street Sanitation Department look into providing a sufficient
number of blue boxes to the various bonafide community centers for
distribution, perhaps for the nominal cost requested, to constituents. The
community center blue box distribution program would also have to be adequately
publicized so that people would know where to conveniently obtain the boxes;
That the Street Sanitation Department report to the Council on the feasibility
of this plan, and what it would take to implement it throughout the community
centers.
ADOPTED
No. 121
Distr. Re-cycling Blue Boxes
Item No. 6, C.C.P., July 9, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 122
Audit - Real Estate In Rem (Compt)
Item No. 26, C.C.P., June 25, 1996
That the above mentioned Item be and the same is hereby referred
to Government Relations.
ADOPTED
No. 123
Results of Negotiations - 200 & 202 Adams
Item No. 46, C.C.P., June 11, 1996
That the offer of Ms. Carol A. Porter of 89 Campbell Road, Cheektowaga,
in the sum of $3,200.00 (Three Thousand and Two Hundred Dollars) to purchase
the properties described as 200 and 202 Adams Street, be and hereby are
accepted; and
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall be
paid by the purchaser.
That the Corporation Counsel shall prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted.
PASSED
AYES - 11 NOES - 0
No. 124
Results of Negotiations - 529 & 535 Cornwall
Item No. 29, C.C.P., June 25, 1996
That the Comptroller be, and he hereby is authorized to enter
into an agreement to acquire 529 & 535 Cornwall from Mr. Samuel Lewis,
President of Pegasus Cleaning Corporation in the sum of $85,000.00 (Eighty-Five
Thousand Dollars); and
That the Corporation Counsel shall prepare the necessary documents for the
acquisition of the property, in accordance with the terms of sale as
negotiated.
PASSED
AYES - 11 NOES - 0
No. 125
Ord. Amend. Ch. 216 - Garbage, etc. (180, 4/16)
Item No. 139, C.C.P., June 11, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 126
Ord. Amend. Ch. 175 (Ch. 216) - Fees (1181, 4/16)
Item No. 140, C.C.P., June 11, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 127
Payphone Applications (12), Hello Payphones
Item No. 55, C.C.P., June 25, 1996
That pursuant to Chapter 441-4 of the Code of the City of Buffalo,
the payphone applications submitted by Mr. Nash Mohamed of Hello Payphones, 272
Walden Avenue, be and the same hereby are denied.
ADOPTED
No. 128
Cap. Debt Serv. Fund - 1996-97
Item No. 3, C.C.P., July 9, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 129
Cert. of Determination - $20,000,000
Item No. 5, C.C.P., July 9, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 130
Request Approval
Certificate of Adjusted Base Proportions
Item No. 13, C.C.P., July 9, 1996
That this Common Council approve the Certificate of Adjusted Base
Proportions pursuant to Article 19 of the Real Property Tax Law; and upon
approval, the City Clerk is directed to sign, date, and forward said
Certificate to the New York State Office of Real Property Service, to the
attention of Michael Griffin, 16 Sheridan Avenue, Albany, New York 12210-2714
and to furnish the Department of Assessment with a copy of the approved
certificate.
PASSED
AYES - 11 NOES - 0
No. 131
Request Approval of Certificate of Base Percentages,
Current Percentages and Current Base Proportions
Item No. 14, C.C.P., July 9, 1996
That this Common Council approve the Certificate of Base Percentages,
Current Percentages and Current Base Proportions pursuant to Article 19 of the
Real Property Tax Law; and upon approval, the City Clerk is directed to sign,
date, and forward said Certificate to the New York State Office of Real
Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New
York 12210-2714 and to furnish the Department of Assessment with a copy of the
approved certificate.
PASSED
AYES - 11 NOES - 0
No. 132
Checks Received $13,064.75
Item No. 25, C.C.P., July 9, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 133
Checks Received $292.80 (Pol)
Item No. 26, C.C.P., July 9, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 134
341 Delaware Avenue - The Cornerstone Life Church
Item No. 30, C.C.P., July 9, 1996
That the Corporation Counsel prepare a general release to the
Methodist Extension Society and its predecessors, on the condition that they
waive the Sixty Thousand Dollar ($60,000.00) lien in its entirety and provide
additional funding of Sixty-Five Thousand Dollars ($65,000.00) for the repair
of the church at 341 Delaware Avenue.
PASSED
AYES - 11 NOES - 0
No. 135
Report of Emergency Demolition
130 Leroy & Various Addresses
Item No. 33, C.C.P., July 9, 1996
That the award by the Commissioner of Community Development of
emergency demolition contracts to Georgian Bay at a cost of $6,200.00, relating
to 130 Leroy; at a cost of $6,500.00, relating to 27 E. Balcom, to Lebis
Enterprises at a cost of $5,300.00, relating to 59 Welker; to Georgian Bay at a
cost of $7,900.00, relating to 133 Edna Place; to Eastwood Industries at a cost
of $4,700.00, relating to 381 Carlton; at a cost of $6,800.00, relating to 100
Spruce; to Georgian Bay at a cost of $8,000.00, relating to 212 Monroe; at a
cost of $6,200.00, relating to 813 East Eagle Street, are hereby confirmed,
ratified and approved, with said cost to be charged against Special Assessment
Fund #500-000-002-00000, and that said cost shall be collected against the
owner or person in possession of the premises and/or shall be assessed against
the property benefitted, in accordance with Chapter 113 of the Code of the City
of Buffalo.
PASSED
AYES - 11 NOES - 0
No. 136
Info - Waive Fee - 430 Delaware (CD)
Item No. 41, C.C.P., July 9, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 137
Grass/Lawn Refuse Pick-up
Item No. 43, C.C.P., July 9, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 138
Report of Emergency Demolition
308 Watson & Various Addresses
Item No. 50, C.C.P., July 9, 1996
That the award by the Commissioner of Community Development of
emergency demolition contracts to Georgian Bay at a cost of $7,200.00, relating
to 308 Watson; at a cost of $5,200.00, relating to 480 Spring; to Lebis
Enterprises at a cost of $7,700.00, relating to 384 Gibson; at a cost of
$7,100.00, relating to 297 Rother; at a cost of $5,300.00, relating to 20
Kiefer; at a cost of $5,600. 00, relating to 242 Person; at a cost of
$5,100.00, relating to 193 Schuele; at a cost of $8,600.00, relating to 439 E.
Ferry; to Georgian Bay at a cost of $5,500.00, relating to 318 Cornwall &
Garage; are hereby confirmed, ratified and approved, with said cost to be
charged against Special Assessment Fund #500-000-002-00000, and that said cost
shall be collected against the owner or person in possession of the premises
and/or shall be assessed against the property benefitted, in accordance with
Chapter 113 of the Code of the City of Buffalo; and
That the emergency demolition of 135 Reed Street be tabled for two weeks.
PASSED
AYES - 11 NOES - 0
No. 139
Request Two-Year Lease Agreement
National Inner Cities Youth Opportunities, Inc
Item No. 138, C.C.P., July 9, 1996
That this Common Council requests the Corporation Counsel to draft
a two-year lease agreement with an option for renewal to National Inner Cities
Youth Opportunities, Inc. for the use of the Martin Luther King, Jr., Casino
Building and its grounds; and
That the Corporation Counsel include in the draft agreement a thirty (30) day
Notice of Termination Clause with relocation assistance.
ADOPTED
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 140
Fleming Co., Inc. (Jubilee Foods) Petition to Rezone
416-486 Kenmore Avenue - Special Development Plan
Item No. 98, C.C.P., June 25, 1996
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Helfer now moved:
Whereas, a petition was filed with the Common Council to change the zoning
classification of a portion of 416 to 486 Kenmore Avenue from "R2" to a "C2"
zoning district; and
Whereas, the petition was referred to the Committee on Legislation which held a
public hearing on the matter on July 16, 1996; and
Whereas, the petition was referred to the City Planning Board which reviewed
the rezoning request on July 16, 1996; and
Whereas, the City Planning Board recommended rezoning to a "C2" zone subject to
the Special Development Plan procedure of the Buffalo Code;
Now, Therefore, the Common Council of the City of Buffalo hereby ordains as
follows:
That that part of the Zoning Ordinances of the City of Buffalo, Section 511-126
of Article XXV of Chapter 511 as it relates to the use map thereof be amended
to show a "C2" rather than a "R-2" District for the premises known as 416 to
486 Kenmore 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 the dedicated right of way of Seattle
Street in Lot Number 72, Township 11, Range 8 of the Holland Land Company's
Survey, more particularly described as follows:
Beginning at a point in the southerly line of Seattle Street at the
intersection of land conveyed to the City of Buffalo by Deed recorded in the
Erie County Clerk's Office in Liber 4345 of Deeds at page 119; running thence
northwesterly along the northeasterly line of said lands conveyed to the City
of Buffalo in Liber 4345 of Deeds at page 119 54.75 feet more or less to the
intersection of the northerly line of Seattle Street with the northeasterly
line of said lands conveyed to the City of Buffalo; running thence easterly
along the northerly line of Seattle Street 88.27 feet more or less to a point
in the northerly line of Seattle Street; running thence southerly 50.0 feet
more or less to a point in the southerly line of Seattle Street, which point is
66.23 feet east of the intersection of the southerly line of Seattle Street
with the easterly line of said lands conveyed to the City of Buffalo in Liber
4345 of Deeds at page 119; running thence westerly along the southerly line of
Seattle Street 66.23 feet more or less to the point or place of beginning; and
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 72, Township 11, Range 8 of the
Holland Land Company's Survey and according to a map filed in the Erie County
Clerk's Office under Cover 984 is known as the west 1.79 feet of Subdivision
Lot 22 and all of Subdivision Lots 23 to 39 inclusive in Block "B", being
situate on the south line of Seattle Street, formerly Emerson Street; and
Whereas, under the aforestated Special Development Plan, pursuant to the first
two paragraphs of Subdivision (F) of section 511-126, Article XXV of the
Buffalo Code, this special development plan shall be known as "Special
Development Plan, Serial No. 27," and detailed on drawings dated July 12, 1996
attached hereto and incorporated herein, the following conditions and
limitations are placed upon the above described premises:
1. All existing trees and vegetation will remain untouched by the proposed
expansion except for the area of the site which will be used for the
construction of the supermarket addition, the fence between the parking lot and
the buffer identified as the "existing natural area" on the attached site plan,
and the proposed drain tile which will run parallel to the fence. The
petitioner will undertake a tree survey of the entire site prior to
construction activity. Based upon this survey, if any mature trees having a
diameter of three inches or more are removed, a suitable replacement tree will
be planted in a location determined by the University District Councilmember.
In lieu of such replacements, the owners of the rezoned property will
contribute to the city's Tree Resource Fund the value of any trees lost as a
result of the expansion.
2. A seven foot (7') cedar fence will be constructed between the proposed
expanded parking lot and the "existing natural area". The owners of the
subject property also agree to remove any debris and litter from the "existing
natural area" on an as needed basis.
3. Following appropriate city approvals, a perforated drainage piping will be
installed within five feet (5') of the proposed fence to facilitate the
drainage of the "existing natural area".
4. Parking lot lighting will be added and will be installed on the south side
of the parking area. This lighting will be directed inward and downward in
such a manor as to minimize light spillage to the "existing natural area" and
the residences beyond.
5. Existing parking lot lighting will be replaced with fixtures which will
reduce said light spillage on the remainder of the site.
6. The height of the proposed store addition will not exceed twenty-four feet
(24').
7. The materials used on the east facade of the building will match the
existing building while the balance of the addition will be of split faced
block which will be tinted in a color harmonious with the site and its
environs.
8. No new receiving points will be installed on the west side of the building,
and no trucks will queue in the receiving area prior to 8:00 a.m. daily.
9. No driveway will be placed on the south side of the building.
10. Security lighting to be installed on the south side of the building will be
minimal and will be installed with a baffle so that the light source cannot
easily be seen from adjacent residential areas.
11. Refrigeration compressors presently in place on the exterior coolers will
not be brought any closer to the south property line than they currently are.
12. No additional refrigeration compressors, rooftop heating or air
conditioning units will be installed on the roof of the proposed addition.
13. No exhaust fans will be located on the roof of the proposed addition unless
required by law.
14. The Fleming Company will insure that any vermin will be minimized both as a
result of construction or through their regular operations by an aggressive
baiting program and by ongoing rodent prevention measures. In the event that
rodents are detected in adjacent residences, said company will bait such areas
as appropriate.
15. A vegetative screen consisting of Austrian Pines or similar evergreen tree
no less than six feet high shall be planted along the western property line of
the property for a distance of twenty-five feet (25') from the Kenmore Avenue
street line. Said planting will be located on the property adjacent and
contiguous to the petitioner's and therefore will require the consent of the
adjacent property owner.
16. The existing dumpster as well as any future dumpsters will be hidden from
view with an appropriate screening system.
17. No modification of this Special Development Plan, Serial No. 27 shall be
permitted except upon application, as for rezonings, under section 511-126 of
Article XXV of the Buffalo Code with notice and public hearing.
18. Any building or use permit issued for the property involved in Special
Development Plan, Serial No. 27 shall conform to the requirements of the plan
as approved, in which case the permit shall contain all conditions and
limitations placed thereon by the Common Council. If a building permit is not
issued within six (6) months of the Common Council's approval, said approval
shall be void and the zoning classification shall be as it was when the
petition for the plan was filed.
19. As a condition to the issuance of any and all permits by the City of
Buffalo, the petitioner shall be required to comply with all pertinent
ordinances, statutes, rules and regulations.
This rezoning shall be effective providing the following conditions are met:
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's Office and proof of such filing is submitted to the City Clerk's
Office.
That this Common Council finds this action to be an Unlisted Action under the
S.E.Q.R. Act and adopts petitioner's findings such that no further
environmental review is required under said Act.
It is hereby certified, pursuant to Section 34 of the Charter that the
immediate passage of the foregoing ordinance is necessary.
Approved As To Form
Edward Peace
Corporation Counsel
PASSED
AYES - 11 NOES - 0
No. 141
Michael Doran
Petition to use 1234 Delaware Avenue - Pole Sign
Item No. 79, C.C.P., July 9, 1996
That after a public hearing before the Committee on Legislation
on July 16, 1996, the petition of Michael Doran, owner, for permission to use
1234 Delaware Avenue for a pole sign be, and hereby is approved.
PASSED
AYES - 11 NOES - 0
No. 142
Thomas Gang
Petition to use 2134 Seneca Street - Outdoor Cafe
Item No. 80, C.C.P., July 9, 1996
That after a public hearing before the Committee on Legislation
on July 16, 1996, the petition of Thomas Gang, owner of Blackthorns, for
permission to use 2134 Seneca Street for an outdoor cafe be, and hereby is
approved with conditions as determined by the Department of Public Works.
PASSED
AYES - 11 NOES - 0
No. 143
Robert Lesser (Topic Cafe)
Petition to use 185 Allen Street - Sit-in Restaurant
Item No. 82, C.C.P., July 9, 1996
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved:
That after a public hearing before the Committee on Legislation on July 16,
1996, the petition of Robert Lesser, owner, for permission to use 185 Allen
Street for a sit-in restaurant be, and hereby is approved with conditions as
determined by the Department of Public Works.
PASSED
AYES - 11 NOES - 0
No. 144
Ramesh Chainani
Petition to use 1116 Elmwood Avenue - Sit-in Restaurant
Item No. 83, C.C.P., July 9, 1996
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved:
That after a public hearing before the Committee on Legislation on July 16,
1996, the petition of Ramesh Chainani, owner, for permission to use 1116
Elmwood Avenue for a sit-in restaurant be, and hereby is approved with the
following conditions:
1) No liquor license requested without Council permission.
2) Sidewalk must be kept clean of snow, ice and debris.
3) The operator will comply with the blue neon theme along Elmwood Avenue in
any signage for this establishment.
4) A decorative trash receptacle will be maintained outside.
5) Any Conditions set by the City Planning Board.
6) Any additional conditions as determined by the Department of Public Works.
PASSED
AYES - 11 NOES - 0
No. 145
Brisbane Realty
Petition to use 395 Main Street - Pole Sign
Item No. 156, C.C.P., Sep. 5, 1995
Item No. 148, C.C.P., Mar. 5, 1996
Item No. 154, C.C.P., June 25, 1996
That after a public hearing before the Committee on Legislation
on July 16, 1996, the petition of Brisbane Realty, owner, for permission to use
395 Main Street for a wall sign be, and hereby is approved.
PASSED
AYES - 11 NOES - 0
No. 146
Req. Opinion - City Cleaning Priv. Lots
Item No. 195, C.C.P., March 19, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 147
Cleaning Priv. Owned Lots (Compt)
Item No. 15, C.C.P., April 2, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 148
Info. Ch. 341 - Clean Priv. Owned Lots (CC)
Item No. 31, C.C.P., July 9, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 149
Stop Youth Gang Harassment of Children
Item No. 39, C.C.P., May 28, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 150
Restaurant/Dancing Class IV License - 1683 Main Street
Item No. 53, C.C.P., May 28, 1996
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Coppola now moved:
That pursuant to Chapter 150 of the Ordinances of the City of Buffalo, the
Director of Inspections, Licenses and Permits is hereby authorized to issue a
Restaurant/Dancing Class IV License to Francis R. Law, of Bflo. Roadhouse, 1683
Main Street, and the same be, and hereby is approved for six months subject to
the applicant obtaining the necessary insurance to protect the owner of the
premises and other businesses or organizations that have the approval to use
the parking lot of such property from any liability that might result during
the hours of operation. After six months, the applicant must return to the
Common Council for renewal of such license.
PASSED
AYES - 11 NOES - 0
No. 151
Appt/Reappt. Mbrs. Stad/Aud (Mayor) (R&F - 3 NAMES)
Item No. 4, C.C.P., June 25, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 152
Info - Use Firefighters - Stop Gang Harass. - Child
Item No. 60, C.C.P., June 25, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 153
Appt. Mbr. Human Relations (Mayor)
Item No. 1, C.C.P., July 9, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
COMMUNITY DEVELOPMENT
HON. DALE ZUCHLEWSKI
CHAIRMAN
No. 154
LDA - Gal-Van Dev. Co.
Item No. 38, C.C.P., July 9, 1996
That the above item be and the same is returned to the Common
Council without recommendation.
A public hearing has been set, before the Common Council, at this regularly
scheduled meeting, on the above item, and a Notice of same has been published
in the Buffalo News, a copy of which is attached hereto.
On a motion by Mrs. LoTempio, seconded by Mrs. Gray, the item is properly
before the Common Council, and the hearing be opened.
CARRIED
Appearances - Louis Malucci - Community Development
Mrs. LoTempio now moved that the hearing be closed. Seconded by Ms. Kavanaugh.
CARRIED
Mr. Zuchlewski now moved that the above item be recommitted to the Committee on
Community Development.
ADOPTED
No. 155
LDA - People, Inc.
Item No. 39, C.C.P., July 9, 1996
That the above item be and the same is returned to the Common
Council without recommendation.
A public hearing has been set, before the Common Council, at this regularly
scheduled meeting, on the above item, and a Notice of same has been published
in the Buffalo News, a copy of which is attached hereto.
On a motion by Mrs. LoTempio, seconded by Mrs. Lockwood the item is properly
before the Common Council, and the hearing be opened.
CARRIED
Appearances - Louis Malucci, Community Development
Mrs. LoTempio now moved that the hearing be closed. Seconded Mr. Czajka.
CARRIED
Mr. Zuchlewski now moved:
Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency")
has duly designated People Inc. and/or other legal entity to be formed as
Qualified and eligible Redeveloper in accordance with rules and procedures duly
adopted by the Agency; and
Whereas, the City Clerk has published a Notice of Public Hearing, as required
by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
Whereas, the proposed Land Disposition Agreement has been duly submitted to
this Common Council by the Buffalo Urban Renewal Agency; and
Now, Therefore, Be It Resolved:
(1) That People, Inc. and/or other legal entity to be formed was duly
designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal
Agency, is hereby approved as the Redeveloper for the Cazenovia Square.
(2) That the Mayor of the City of Buffalo and the Chairman or Vice Chairman of
the Buffalo Urban Renewal Agency is hereby authorized to execute any and all
deeds or other legal documents necessary to convey the land described in the
Proposed "Land Disposition Agreement" to the Redeveloper and/or other legal
entity to be formed in accordance with the terms of said Agreement and for the
consideration recited therein.
(3) That the $25,000 purchase price agreed to by People Inc be designated by
BURA for tree planting in the Seneca-Cazenovia area.
PASSED
AYES - 11 NOES - 0
No. 156
BEDC- Sec. 108 - Main/LaSalle-NE Bflo. Pkwy.
Item No. 70, C.C.P., July 9, 1996
That the above item be and the same is returned to the Common
Council without recommendation.
Mr. Zuchlewski now moved:
Whereas, Section 108 of the Housing and Community Development Act of 1974
authorizes a program of community development loan guarantee assistance
(Section 108 or Section 108 Program). Under the Section 108 Program, the
Department provides metropolitan cities and urban counties that receive
entitlement grants (entitlement public entities) with front-end financing for
large-scale community and economic development projects that cannot be financed
from annual grants; and
Whereas, The United States Department of Housing and Urban Development has
published rules and regulations governing the eligibility requirements and
administration of the Section 108 Program; and
Whereas, The City of Buffalo satisfies all the eligibility criteria established
by the United States Department of Housing and Urban Development; and
Whereas, The Main-Lasalle Place & Northeast Buffalo Parkway Project will not
reach fruition unless the City of Buffalo provides the infrastructure necessary
to encourage private development.
Now, Therefore, Be It Resolved By The Common Council Of The City Of Buffalo:
1. That the City of Buffalo and the City of Buffalo Urban Renewal Agency are
hereby authorized to enter into a Section 108 Loan as follows:
a. The Section 108 loan shall be a pass through loan from the United States
Department of Housing and Urban Development.
b. That the City of Buffalo is hereby authorized to pledge its Community
Development Block Grants as security for the Section 108 loan.
c. The loan shall be administered by The Buffalo Enterprise Development
Corporation.
d. The loan shall be granted to the City of Buffalo Urban Renewal Agency
(hereinafter referred to as "BURA").
2. That the Mayor of the City of Buffalo and the Commissioner of Community
Development acting in their capacities as Mayor and Commissioner, or Chairman
and Vice-Chairman of the City of Buffalo Urban Renewal Agency, respectively,
are hereby authorized to execute any and all documents deemed necessary by
their appropriate legal counsel to effect this resolution.
PASSED
AYES - 11 NOES - 0
No. 157
BEDC - Sec. 108 - Mkt. Arcade/Root Bldg.
Item No. 71, C.C.P., July 9, 1996
That the above item be and the same is returned to the Common
Council without recommendation.
Mr. Zuchlewski moved that the above item be recommitted to the Committee on
Community Development.
ADOPTED
No. 158
P. Garvey - Concerns Regarding Wegman Proj.
Item No. 93, C.C.P., April 30, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 159
P. Garvey - Response to Compl./Wegman Proj.
Item No. 80, C.C.P., May 14, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 160
P. Garvey - Wegman's Proj. (NHI)
Item No. 56, C.C.P., May 28, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 161
Neg. Decl. SEQRA Amherst St. Wegman's Store
Item No. 52, C.C.P., June 11, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 162
Galvin & O-Prop. Pkg. Restr. Amherst/Wegman's
Item No. 91, C.C.P., June 11, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 163
McClanahan - Compl. Treatment - Neigh. Hsg. Corp
Item No. 82, C.C.P., May 14, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 164
C. McClanahan - Compl. Treatment - Neigh. Hsg. Corp
Item No. 53, C.C.P., June 11, 1996
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Zuchlewski moved that the above item be recommitted to the Committee on
Community Development.
ADOPTED
No. 165
Create Citizens Housing Review Board
Resolve Complaints
Item No. 183, C.C.P., June 11, 1996
That a public hearing to address the concerns and problems of
the newly built and rehab homeowners be held, in the Common Council Chambers;
and
That the Department of Neighborhood Housing & Inspections and the developers in
question, (Gal-Val Developers, Apex Developers, BB2 Developers, MJ
Peterson/James Management Surety Construction, Telco Construction, Omega
Developer and other city authorized developers) address the concerns of the
homeowners and develop a course of resolution that will include holding the
developers accountable and responsible for the problems that occurred while
these houses are still under warranty and for the approval of these homes; and
That these offices have found that there is a need to establish a citizen
housing review board, made up of citizens who have made a commitment to the
city through their investment in housing, to insure the housing inspectors
address the concerns of the homeowners.
ADOPTED
No. 166
108 Loan/City Centre
Item No. 62, C.C.P., June 25, 1996
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Zuchlewski moved:
That the Common Council utilize a $750,000.00 Community Development Block
Grant, Section 108 Guaranteed Loan for the projects as listed in the above
communication, be undertaken by the City of Buffalo Urban Renewal Agency, as
program administrator.
PASSED
AYES - 11 NOES - 0
No. 167
Info - CDBG Entitlement (CD)
Item No. 67, C.C.P., June 25, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 168
BEDC - Review Appln. Fiscal History w/City
Item No. 88, C.C.P., June 25, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 169
Minority/Women Participation
Northeast Buffalo Parkway Project: Construction Phase
Item No. 176, C.C.P., June 25, 1996
That all bid documents for construction contracts for the building
of the Northeast Buffalo Parkway require respondents to submit a plan for
ensuring the participation of minority and female subcontractors and workforce
that reflects the diversity of the City of Buffalo and the surrounding
community; and
That all respondents to bid documents be required to include such a plan for
minority participation in order to be considered responsible bidders; and
That in order to determine appropriate goals, companies may consult Federal
Executive Order 11246, Revised Order 4, and confer with the following offices
for guidance:
City of Buffalo Law Department
Comm. Economic Development Initiatives (CEDI) Office
Erie County Equal Employment Opportunity Office
ADOPTED
COMMITTEE ON EDUCATION
HON. BARBRA KAVANAUGH
CHAIRMAN
No. 170
A. Guercio - Problems, etc. Sch. 45
Item No. 90, C.C.P., June 25, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
RESOLUTIONS
No. 171
By: Mr. Brown
Jefferson Alive/Renaissance Project
Waiver of Permit Fees
Whereas: The Jefferson Alive/Renaissance Project is being launched
on Sunday, July 28, 1996 from 12 Noon to 6 PM; and
Whereas: This exciting special event, which will include a community parade,
performances by singers, dancers and poets, and a variety of vendors, is
designed to signal the beginning of the revitalization of the once-vibrant
Jefferson Avenue; and
Whereas: All proceeds will go directly to 50 Women with a Vision, a civic group
created to assist with the revitalization of Jefferson Avenue; and
Whereas: The permits fees will create a unique financial hardship for this
event;
Now, Therefore Be It Resolved:
That the City of Buffalo waive all food and exhibition vending fees for the
Jefferson Alive/Renaissance Project Kick-Off.
PASSED
AYES - 11 NOES - 0
No. 172
By: Mr. Brown, Ms. Gray & Ms. Miller-Williams
Request New York State Address Illegal Activity
Local Delicatessens and Food Stores
With State Liquor and Lottery Licenses
Whereas: Certain local businesses have been the subject of residential
concerns about problems concerning illegal drug activity, sale of drug
paraphernalia, sale of loose cigarettes, and generally unsanitary conditions;
and
Whereas: Regardless of whom may be the responsible perpetrators of the illegal
activity, the community wants it to be stopped and is willing to work with
police and government agencies to eradicate this type of behavior; and
Whereas: This type of behavior has become more and more common at delicatessens
and other establishments where people congregate; and
Whereas: At its next meeting the Erie County Legislature, through a resolution
sponsored by Legislator Crystal Peoples, will consider asking the State Liquor
Authority and the State Lottery Commission to develop a process to review
complaints about illegal activity taking place at stores, delicatessens, and
other public places, so that immediate and punitive actions can be taken
against those establishments which allow illegal activity to take place; and
Whereas: This Common Council should join with the County Legislature in asking
that the State take action to address these concerns;
Now, Therefore Be It Resolved:
That the Common Council hereby requests that the New York State Liquor
Authority and the New York State Lottery Commission to develop a process and
procedures to receive and investigate individual complaints about
establishments that have liquor or lottery licenses, and to penalize
establishments which allow illegal activities to take place on their premises;
and
Be It Further Resolved:
That the Liquor Authority and the Lottery Commission be requested to respond in
writing to this resolution; and
Be It Finally Resolved:
That the City Clerk be directed to forward certified copies of this resolution
to the governor, the Chairman of the New York State Liquor Authority, the
Chairman of the New York State Lottery Commission, the Western New York
Delegation to the State Legislature, and the Clerk of the Erie County
Legislature.
ADOPTED
No. 173
By: Mr. Coppola
Auto Insurance Rates
Whereas: Through numerous studies and surveys, it was found that
automobile insurance rates are considerably higher in the city of Buffalo as
compared to its surrounding suburbs; and
Whereas: These rates are commonly 50% higher for identical vehicle coverage if
the insured driver resides in the city, as compared to those residing outside;
and
Whereas: Rochester, New York, which is approximately 60 miles from Buffalo,
uses a countywide rate for establishing auto insurance rates; and
Whereas: Residents pay similar rates for insurance in Monroe County, whether
they live in Rochester's poorest neighborhoods or the more affluent suburban
areas;
Now, Therefore Be It Resolved:
That the State of New York Insurance Department look into territorial
definitions used by insurance carriers who do business in the state to insure
urban areas are not unfairly discriminated against and are treated equally with
their neighboring suburban communities; and
Be It Further Resolved:
That the City Clerk send certified copies of this resolution to the following
individuals:
1. Edward J. Muhl, Superintendent of Insurance, New York State Insurance
Department, 160 West Broadway, New York, NY 10013
2. Sal Castiglione, Chief of Consumer Services Bureau, New York State Insurance
Department, 160 West Broadway, New York, NY 10013
3. Guy Velella, New York State Senator and Chairperson of the Insurance
Committee, Room 915 LOB, Albany, NY 12247
4. Alexander Grannis, New York State Assembly and Chairperson of the Insurance
Committee, Room 712, Albany, NY 12248
5. Richard Anderson, New York State Assembly, Insurance Committee, 5555 Main
St, Williamsville, NY 14221, and
Be It Finally Resolved that:
The above mentioned parties file their comments and recommendations with the
Common Council, 1308 City Hall, Buffalo, NY 14202, by 2:00 p.m. Thursday,
August 29, 1996.
ADOPTED
No. 174
By: Mr. Coppola
Auto Insurance Rates
City of Rochester -vs- Suburbs
Item No. 92, C.C.P., March 19, 1996
Item No. 179, C.C.P., April 30,1996
Driver:
Male
30 yrs. old
Married
(wife drives but has separate coverage)
Clean driving record
(no convictions or accidents in the past 4 years)
Vehicle:
1995 Ford
Taurus LX
4 door Sedan
Anti-Lock Brakes
Driver's side air bag
Various insurance companies located in the city and suburban areas were
randomly called and asked to quote their automobile rates for the driver and
vehicle description listed above. Coverage included a $500 deductible,
$100,000 in liability, full collision, and complete glass coverage. The
vehicle did not have a burglar alarm. The driver did not take the defensive
drivers course, which would have reduced a portion of the premium by 10%.
City RateSuburban Rate
AgencyRochester(Fairport was used)
Mazzola Insurance$868 yr. $868 yr.
1619 East Ridge Rd.
Rochester (716) 266-7130
Contact: Roxanne
James P. Lombard Agency $559 yr. $559 yr.
63 Park Ave.
Rochester (716) 461-5874
Contact: Jim
Best Agency of Rochester $992 yr. $992 yr.
1664 Dewey Ave.
Rochester (716) 458-2365
Contact: Ann
Eastern General Insurance $708 yr. $708 yr.
522 Lake Ave.
Rochester (716) 458-5080
Contact: Carolyn
Rockefeller Agency$773 yr. $685 yr.
1276 Fairport Rd.
Fairport, NY (716) 377-6874
Contact: Michelle
Per discussion with various insurance agents, it was learned that auto
insurance rates are similar for all areas of Monroe County. Rates are
basically the same for all people whether they live in the inner city of
Rochester or the wealthier suburban areas of Irondequoit or Fairport.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 175
By: Mr. Coppola and Ms. Kavanaugh
Authorization of Sidewalk Cafe at Lexington Ave.
Whereas: The proprietors of the Savage Cat Cafe, at 226 Lexington
Avenue between Elmwood and Ashland Avenues, applied for a Building Permit in a
timely manner to open a sidewalk cafe, but were not told that a special
Sidewalk Cafe Permit was required instead of a Building Permit; and
Whereas: The past process for obtaining Common Council approval for a sidewalk
cafe involved the filing of the permit with the Council, which then sent the
item to the Legislation Committee and referred it to the City Planning Board
and the Commissioner of Community Development for comment before voting on the
approval; and
Whereas: After its meeting on July 23, 1996, the Council will be on recess
until September 3, 1996; and
Whereas: The proprietors of the Savage Cat Cafe need immediate approval of
their proposed Sidewalk Cafe so that they can take advantage of the short
period remaining in the lucrative summer outdoor eating season;
Now, Therefore, Be It Resolved:
That this Common Council approves the installation of a Sidewalk Cafe at 226
Lexington Avenue, provided that the proprietors of the Savage Cat Cafe meet all
conditions imposed by the Commissioner of Public Works, the Commissioner of
Community Development and the City Planning Board.
PASSED
AYES - 11 NOES - 0
No. 176
By: Mr. Czajka
Salary Ordinance Amendment
Department of Police
The Common Council of the City of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo,
relating to 20-1-021 Department of Police - Administration - Administration &
Communications which reads:
1 Data Control Clerk $22,257 -25,135
is hereby amended to read:
1 Data Processing Equipment Operator $23,179-26,061
WE, R. Gil Kerlikowske, Commissioner of Police, and James B. Milroy, Director
of the Budget, hereby certify that the above change is necessary for the proper
conduct, administration and performance of essential services of that
department. We recommend that the compensation for said position be fixed at
the respective amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the above-mentioned
position, containing a statement of the duties for such position, has been
filed with the Municipal Civil Service Commission, and said Commission has
approved and certified the position title set forth in the foregoing ordinance
as being the appropriate Civil Service title for the proposed position.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 177
By: Mr. Czajka
Ordinance Amendment
Chapter 127 - Carbon Monoxide Detectors
The Common Council of the City of Buffalo does hereby ordain as
follows:
That the Code of the City of Buffalo be amended to add a new Chapter 127 to
read as follows:
Chapter 127
CARBON MONOXIDE DETECTORS
127-1 Declaration of Findings and Intent.
The Common Council hereby finds and declares that carbon monoxide detectors,
when properly installed and maintained, save lives. In consideration of the
foregoing and in accordance with the Common Council's obligation to enact
legislation to protect the health, safety, and welfare of the citizens of the
City of Buffalo, this Chapter is hereby enacted.
127-2 Carbon Monoxide Detectors required.
Effective January 1, 1997, every building in the City of Buffalo, whenever
constructed, which contains one (1) or more dwelling units shall be equipped
with carbon monoxide detectors in accordance with the requirements of this
Chapter. No owner of any building subject to the requirements of this Chapter
shall permit occupancy unless a carbon monoxide detector has been installed in
accordance with the requirements of this Chapter.
127-3 General Requirements.
A. Standards for Carbon Monoxide Detectors. Every carbon monoxide detector
shall comply with all applicable federal and state regulations, and shall bear
the label of a nationally recognized standard testing laboratory, and shall
meet the standard of UL 2034 or its equivalent. At a minimum, every carbon
monoxide detector shall be capable of detecting carbon monoxide gas and
providing a suitable audible alarm after detection.
B. Location of Carbon Monoxide Detectors. Not less than one (1) carbon
monoxide detector meeting the requirements of this Chapter shall be installed
in each dwelling unit. The carbon monoxide detector shall be installed within
forty (40) feet of all rooms used for sleeping purposes.
127-4 Owner's responsibilities.
The owner of a building subject to the requirements of this Chapter shall
supply, install and maintain carbon monoxide detectors. The owner shall notify
tenants in writing, individually or through posting of a notice in a common
area of the building, of the duties of the owner under this Section.
127-5 Battery Removal Violation - Penalty.
No person shall remove batteries from a carbon monoxide detector required under
this Chapter, or in any way make inoperable a carbon monoxide detector required
under this Chapter. This Section shall not prohibit the replacement of
batteries or other maintenance procedures to ensure the operability of the
carbon monoxide detector.
127-6 Rules and Regulations.
The Commissioner of Community Development may issue rules and regulations not
inconsistent with the provisions of this Chapter for the implementation and
administration of the provisions of this Chapter.
127-7 City not liable.
The City of Buffalo shall not be liable for any damages incurred as a result of
noncompliance with the provisions of this Chapter.
127-8 Penalties.
Any person, firm, corporation or other entity who violates any Section of this
Chapter shall be subject to a fine of not less than $50.00 and not more than
$500.00. Every day that a violation is allowed to continue shall constitute a
separate and distinct offense.
127-9 Severability.
If any word, clause, sentence, paragraph, subsection, section or part of this
Chapter included in this Chapter now or through supplementation, shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof, but shall be
confined in its operation to the word, clause, sentence, paragraph, subsection,
section or part thereof directly involved in the controversy in which such
judgment shall have been rendered.
NOT APPROVED AS TO FORM
(original not signed)
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF COMMUNITY
DEVELOPMENT, COMMISSIONER OF FIRE AND ENVIRONMENTAL MANAGEMENT COMMISSION
No. 178
By: Mr. Franczyk
Capital Budget Amendment
Addition to Capital Program 1996-97
That pursuant to section 359 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the Capital
Program for the fiscal year 1996-97 be and the same is hereby amended by adding
the following item under the heading:
200 Capital Projects
401 Division of Engineering
NY State guidelines on C.H.I.P.S. reimbursement have changed. Phase II and
Phase III of a new Engineering Garage adjacent to the existing location at 1120
Seneca Street is no longer C.H.I.P.S. reimbursable. Phase II is updating and
remodeling 1120 Seneca Street to house the two Traffic functions currently
located at 1015 West Delavan Avenue. Phase III covers the replacement of the
garage floor, the cost of moving all personnel, equipment and materials from
the Delavan Armory (1015 West Delavan Avenue), to 1120 Seneca Street, and
additionally needed rehabilitation work to the existing building at 1120 Seneca
Street.
$1,250,000
PASSED
AYES - 11 NOES - 0
No. 179
By: Mr. Franczyk
Transfer of Funds
Department of Public Works
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$130,000 be and the same is hereby transferred from Reserve for Planning
Account and said sum is hereby reappropriated as set forth below:
From:
200-061-001-00-000 $130,000
To:
200-401-562-00-000 $130,000
Dated: Buffalo, NY July 10, 1996
PASSED
AYES - 11 NOES - 0
No. 180
By: Mr. Franczyk
Transfer of Funds
Department of Public Works
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$125,000 be and the same is hereby transferred from Reserve for Planning
Account and said sum is hereby reappropriated as set forth below:
From:
200-061-001-00-000 $125,000
To:
200-401-563-00-000 $125,000
Dated: Buffalo, NY July 10, 1996
PASSED
AYES - 11 NOES - 0
No. 181
By: Mr. Franczyk
Transfer of Funds
Department of Public Works
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$70,000 be and the same is hereby transferred from Reserve for Planning Account
and said sum is hereby reappropriated as set forth below:
From:
200-061-001-00-000 $70,000
To:
200-402-534-00-000 $70,000
Dated: Buffalo, NY July 10, 1996
PASSED
AYES - 11 NOES - 0
No. 182
By: Mr. Franczyk
Increased Appropriation
Reserve for Capital Appropriations
Mayor & Executive
Zoning Board of Appeals
That, Pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Mayor & Executive - Zoning Board of Appeals - Exempt Items be and
the same hereby is increased in the sum of $600.
That, the comptroller be and hereby is authorized and directed to transfer the
sum of $600 from 100-890-050 - Reserve for Capital Appropriations to meet this
increased appropriation as set forth below:
To:
100 General Fund
034 - Zoning Board of Appeals
085 - Exempt Items
982 - Operating Equipment
Photographic Equipment $600
PASSED
AYES - 11 NOES - 0
No. 183
By: Mr. Francyck
Bond Resolution
$750,000 Bonds
Reconstruction of Curbs, Sidewalks - Elmwood Ave.
Account 200-401
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $750,000 General Improvement Bonds of said City, to finance the
cost of partial reconstruction of curbs and sidewalks on Elmwood Avenue, at the
estimated maximum cost of $750,000.
The Common Council of the City of Buffalo, in the County of Erie, New York,
hereby resolves (by the favorable vote of not less than two-thirds of all the
members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New
York (herein called "City"), is hereby authorized and directed to issue General
Improvement Bonds of said City in the principal amount of Seven Hundred Fifty
Thousand Dollars ($750,000), pursuant to the provisions of the Charter of said
City and the Local Finance Law, constituting Chapter 33-a of the Consolidated
Laws of the State of New York (the "Law") to finance the cost of partial
reconstruction of curbs and sidewalks on Elmwood Avenue. The estimated maximum
cost of said specific object or purpose for which the bonds authorized by this
resolution are to be issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $750,000, as set forth in the duly
adopted Capital Improvements Budget of said City for fiscal year 1996-97, as
amended.
Section 2. The proceeds of the sale of the bonds authorized by this resolution,
or any bond anticipation notes issued in anticipation of the sale of said bonds
shall be deposited in the Capital Projects Fund to the credit of the Department
of Public Works, Division of Engineering, "Reconstruction of Curbs, Sidewalks -
Elmwood Avenue - 1996-97", Bond Authorization Account No. 200-401, and shall be
used for the specific object for purpose specified in Section 1 of this
resolution.
Section 3. The City intends to finance, on an interim basis, the costs or a
portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $750,000. This
Resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.150-2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the specific object or
purpose for which the bonds authorized by this resolution are to be issued
within the limitations of Section 11.00 a. 24. of the Law, is ten (10) years.
(b) Current funds are not required by the Law to be provided as a down payment
prior to the issuance of the bonds authorized by this resolution or any bond
anticipation notes issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged for the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond
anticipation notes issued in anticipation of the sale of said bonds may be
contested only if:
(a) Such obligations are authorized for an object or purpose for which the City
of Buffalo is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of the
publication of this resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) Such obligations are authorized in violation of the provisions of the
constitution.
Introduced: July 23, 1996
LAID ON THE TABLE
No. 184
By: Mr. Francyck
Bond Resolution
$100,000 Bonds
Construction Handicapped Access
Account 200-401
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $100,000 General Improvement Bonds of said City, to finance the
cost of partial reconstruction of various curbs and sidewalks to provide
handicap access throughout the City to provide for handicapped access, at the
estimated maximum cost of $100,000.
The Common Council of the City of Buffalo, in the County of Erie, New York,
hereby resolves (by the favorable vote of not less than two-thirds of all the
members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New
York (herein called "City"), is hereby authorized and directed to issue General
Improvement Bonds of said City in the principal amount of One Hundred Thousand
Dollars ($100,000), pursuant to the provisions of the Charter of said City and
the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of
the State of New York (the "Law") to finance of partial reconstruction of
various curbs and sidewalks to provide handicap access throughout the City.
The estimated maximum cost of said class of objects or purposes for which the
bonds authorized by this resolution are to be issued, including preliminary
costs and costs incidental thereto and the financing thereof, is $100,000, as
set forth in the duly adopted Capital Improvements Budget of said City for
fiscal year 1996-97, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this resolution,
or any bond anticipation notes issued in anticipation of the sale of said bonds
shall be deposited in the Capital Projects Fund to the credit of the Department
of Public Works, Division of Buildings, "Construction of Handicapped Access
1996-97", Bond Authorization Account No. 200-401, and shall be used for the
class of objects or purposes specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs or a
portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $100,000. This
Resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.150-2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the class of objects or
purposes for which the bonds authorized by this resolution are to be issued
within the limitations of Section 11.00 a. 24. of the Law, is ten (10) years.
(b) Current funds are not required by the Law to be provided as a down payment
prior to the issuance of the bonds authorized by this resolution or any bond
anticipation notes issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged for the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond
anticipation notes issued in anticipation of the sale of said bonds may be
contested only if:
(a) Such obligations are authorized for an object or purpose for which the City
of Buffalo is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of the
publication of this resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) Such obligations are authorized in violation of the provisions of the
constitution.
Introduced: July 23, 1996
LAID ON THE TABLE
No. 185
By: Mr. Franczyk
Update on Gun Intercept Program
Whereas: East Buffalo has once again been wracked by a terrible
flourish of gun crimes, including the wounding of a nine-year-old boy on
Bissell Avenue on July 13 and the murder of one person and the wounding two
others as a result of a vicious shooting melee at the corner of Walden and
Genesee on July 14; and,
Whereas: About a year-and-a-half ago the Common Council urged the Buffalo
Police Department to initiate a Gun Intercept Program aimed at reducing the
number of illegal guns on the street in high crime neighborhoods; and,
Whereas: The Buffalo Police Department consequently launched its own Gun
Intercept Program primarily based in the Precinct 12 area of the East Side;
and,
Whereas: In cities such as Kansas City and Indianapolis special teams of police
target high crime neighborhoods with a free hand to stop cars, search
suspicious persons and find guns. In Kansas City there was a 50% reduction in
gun related crimes. A study by the National Institute of Justice found that
directed police patrols in gun crime "hot spots" can reduce gun crime by
increasing the seizures of illegally carried guns; and,
Whereas: Many of the shootings in Buffalo are of a drive-by nature. In high
crime areas, the National Institute of Justice report found that traffic stops
were the most productive method of finding guns, with an average of 1 gun found
in every 28 traffic stops; and,
Whereas: The citizens need to know that the city is diminishing the incidents
of gun crimes;
Now, Therefore Be It Resolved:
That the Police Department report on the status of Buffalo's Gun Intercept
Program, which was planned to have been implemented in three precincts in the
city. Information should include number of guns seized, number of arrests,
funding and manpower of the Gun Intercept Unit and any statistical evidence
showing a diminution, if any, of gun related crimes in the East Side Gun
Intercept target area.
REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF POLICE
No. 186
By: Mr. Franczyk
Consider Rail Plan at Cobblestone District
Whereas: The Citizens Rapid Transit Committee recently forwarded
a draft plan on rail transit for Buffalo's inner harbor waterfront, including
the historic Cobblestone District; and,
Whereas: The Buffalo Waterfront Plan released on June 26, 1996 offers little
rail access near the waterfront incorporating the Cobblestone District; and,
Whereas: The NFTA originally proposed a Metro Rail loop via South Park Avenue,
Mississippi Street and Perry Street; and,
Whereas: One proposal might include a vintage trolley service ringing the
Cobblestone District; and,
Whereas: Vintage reproduction trolleys are built in Lowell, MA., and a rail
system currently operates in cobblestone-clad historic districts such as in
Portland, Oregon; and,
Whereas: An imaginative waterfront development plan could enhance greater
attention to the Cobblestone District, including the possibility of a rail spur
encircling the district and hockey arena;
Now Therefore Be It Resolved:
That the recommendations in the Citizens Rapid Transit Committee Draft Plan
regarding an NFTA rail spur linking the waterfront and encircling the
Cobblestone District and Marine Midland arena be considered in a final approved
Buffalo Waterfront Plan;
Be It Further Resolved:
That this resolution be referred to the Council's Committee of Community
Development, the Department of Community Development, the Stadium and Aud Task
Force, the Cobblestone District Task Force, the Preservationist community and
all other interested parties, including the NFTA Inc. Public Works Dept.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, BUFFALO PRESERVATION BOARD,
NIAGARA FRONTIER TRANSPORTATION AUTHORITY, COMMISSIONER OF PUBLIC WORKS AND
COBBLESTONE TASK FORCE
No. 187
By: Mr. Franczyk
Maximize Ecological Benefits of Unused Railroad Land
Whereas: Railroad traffic in the city of Buffalo has been cut back
over the last half century, resulting in several unused rail lines; and
Whereas: These unused lines have great potential for conversion to greenways
and there is a national Rails to Trails movement advocating that transition;
and
Whereas: These unused lines have also taken on a role in the city's ecology,
providing wildlife habitat, open space and the ecological benefits of extensive
stands of trees cleaning and recharging the urban air; and
Whereas: In addition, these unused lines have potential for future
transportation use and it is important to be sure that the feasibility of those
uses is accounted for in planning and redevelopment efforts; and
Whereas: Major projects are being undertaken involving unused railroad property
without a structured public debate as to the best city wide use of these open
areas; and
Whereas: A recent LDA filing referring to "modern highways" as superior to
"obsolete rail lines" sounded like it could have been written in the 1950's and
may reflect an outdated bias against rail transportation and open space that
could use close examination; and
Whereas: At the same time, the Department of Community Development has actively
provided for a Greenway Trail and the preservation of a transit spur in its
plans for the North East Corridor;
Now, Therefore, Be It Resolved That:
This Council requests the Commissioner of Community Development to file a
report detailing an inventory of unused rail lines in the city of Buffalo along
with a proposed process for measuring the value of these lines as potential
greenways, potential rail transit corridors and as ecological resources; and
Be It Further Resolved That:
This Council requests the Commissioner of Community Development to file a tree
preservation plan with this Council so that any projects undertaken on
currently unused or "wild" land minimize the cutting of mature and maturing
trees in the construction process, thereby preserving their ecological value to
the community.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, COMMISSIONER OF COMMUNITY
DEVELOPMENT AND U. S. FISH AND WILDLIFE SERVICE
No. 188
By: Mr. Franczyk
Increased Appropriation
Appropriation Allotments - Board of Education
That, Pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Board of Education be and the same hereby is increased in the sum
of $490,000.
That, the comptroller be and hereby is authorized and directed to transfer the
sum of $490,000 from 299-890-001 - Capital Projects Fund - Board of Education -
Fund Balance - Capital Development Reserve Fund to meet this increased
appropriation as set forth below:
From:
299 - Capital Projects Fund - Board of Education
890-001 - Fund Balance - Capital Development Reserve Fund
$490,000
To:
299 - Capital Projects Fund - Board of Education
901-000 Authorizations
299-975-702-00-000 Relocation of Ball Diamonds to Riverside Pk
$490,000
PASSED
AYES - 11 NOES - 0
No. 189
By: Mr. Franczyk
Refund Foreclosure Fee - 104 Ashley
Whereas: The owners of 104 Ashley Street, William and Cora Cieszynski,
were in arrears since City Property Tax Year 1990-91 and
Whereas: The City came to the owners of 104 Ashley to collect its rightfully
due money by threatening Foreclosure action; and
Whereas: The owners agreed that, indeed, their taxes must be paid, but because
of personal financial circumstances could not make the proper payments; and
Whereas: The City's Assessment Department made the recommendation to the
Cieszynskis to apply for a special loan program offered by the Erie County
Department of Social Services to pay their due taxes, and, subsequently, avoid
Foreclosure Action; and
Whereas: The program offered by the Department of Social Services is a one year
loan program, for those who qualify, to pay off debt in such cases as tax
arrears; and
Whereas: The owners of 104 Ashley qualified, and indeed did pay the City its
rightfully owed money through a Department of Social Services Voucher before
the date of Foreclosure Action; and
Whereas: However, the City of Buffalo's Assessment Department had made two
human errors. Number one being that:
The Department of Assessment lost track of the aforementioned voucher, through
a series of negligent paper pushing, desk to desk maneuvers, that included
vacationing City employees, which resulted in a time lag from the date the
voucher was issued to the date it was found, which consequently, was after the
set Foreclosure action date; and
Whereas: Number two being that:
The original figure given to the Cieszynskis by an employee of the Department
of Assessment was wrong, and was a lesser amount than the actual figure needed
to be clear of arrears. Therefore, the voucher originally issued by the
Department of Social Services was not enough to cover all arrears; and
Whereas: The complications both of these issues brought forth were temporarily
resolved for the Cieszynskis by the Department of Social Services by a
re-issuance of another voucher, which was no small feat, that indeed cleared
all the arrears for the owners of 104 Ashley; and
Whereas: However, included in the new Department of Social Services voucher was
a $400.00 Foreclosure fee, since, by the time of the original voucher was found
and the new voucher reissued, Foreclosure action had begun; and
Whereas: This extra $400 tagged on to the new voucher would never have been
incurred had the Department of Assessment been more aware of what was coming
through their office, this being, even if the figure initially issued had been
wrong, Foreclosure action would have never been initiated, thus, there would
never have an extra $400 added to the Cleszynskis bill, and
Whereas: This $400 must be repaid to the Department of Social Services, in
addition to the other balance the Cieszynskis are repaying; and
Whereas: While it is fair to say that citizens and residents of the City of
Buffalo should always pay their taxes on time, it is also fair to say that
unavoidable life circumstances can leave anyone, at any time, in a difficult
financial situation; and
Whereas: This $400 was unfairly charged by the Department of Assessment to 104
Ashley, because of their miscalculation, and subsequent lack of action until
the Foreclosure procedure; and
Now, Therefore Be It Resolved:
That the Department of Assessment review their paperwork and action history
regarding 104 Ashley Street; and
Be It Further Resolved:
That said Department, Common Council, and the Law Department review the
circumstances and repay the $400 Foreclosure Fee that should have never been
incurred to the tax arrears of the property at 104 Ashley.
REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL AND COMMISSIONER OF
ASSESSMENT
No. 190
By: Ms. Gray
Equal Opportunity Hiring Practices
Whereas: The City of Buffalo and its related agencies are one of
the largest employers in Buffalo and Erie County; and
Whereas: There have been complaints related to the recruitment, hiring, and
promotion of racial and ethnic minorities in all levels of city government.
Equally important, many employees of the City of Buffalo and its residents have
expressed concerns related to the large number of City of Buffalo employees
that reside outside of the City; and
Whereas: The City of Buffalo is plagued with joblessness and corporate flight
from the city. City government must improve its hiring practices to reduce
poverty by hiring more city residents, and by way of promoting more of its
current employees that are residents of the City of Buffalo.
Now, Therefore, Be It Resolved:
That the Division of Labor Relations and the Civil Service Commission file with
this Common Council a report detailing the process for recruiting, hiring and
promoting racial, ethnic and gender minorities for employment with the City of
Buffalo and its related agencies; and
Be it Further Resolved:
That the Division of Labor Relations and the Civil Service Commission file with
this Common Council the process for the appointment of provisional, temporary,
and seasonal employees for City of Buffalo employees and its related agencies,
including the maximum length of time of employment for a seasonal, provisional
and temporary employee; and
Be it Further Resolved:
That the Division of Labor Relations and the Civil Service Commission file with
this Common Council a list of employees in each department including the sum
total in all departments beyond the maximum amount of time for a temporary,
provisional and seasonal employee; and
Be it Further Resolved:
That the Division of Labor Relations and the Civil Service Commission file with
this Common Council a list of all City of Buffalo jobs by department, and jobs
at its related agencies that do not require a civil service examination as a
prerequisite for employment; and
Be it Further Resolved:
That the Division of Labor Relations and the Civil Service Commission file with
this Common Council a list of all City of Buffalo employees and employees of
its related agencies that live outside of the city, including their department,
position and salary/wage; and
Be it Finally Resolved:
That the Division of Labor Relations and the Civil Service Commission file with
this Common Council a report detailing the number of temporary, provisional,
permanent and seasonal appointments and promotions from January 1, 1996 to July
18, 1996, including the demographic data (race, income, gender, and city
resident or non-city resident).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, CIVIL SERVICE COMMISSION, AND THE
COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 191
By: Ms. Gray
Increased Penalties Regarding City Housing Property
Whereas: There are many housing properties within the corporate
limits of the City of Buffalo that are owned by the City of Buffalo or one of
its agencies; and
Whereas: Many of those properties were obtained through foreclosure proceedings
when the owners failed to pay their property taxes; and
Whereas: Because of the increased number of such properties that have been
acquired by the City, and because of the limited staff the City has to maintain
and oversee these parcels, many of them become vandalized and are occupied by
persons who use them for illegal activities, such as drug use and prostitution;
and
Whereas: The City has a legal and moral responsibility to ensure that the
properties that it owns are properly monitored and prompt action is taken to
curb any illegal activities; and
Whereas: Section 133-21 of the City Code makes it a violation for anyone to
"commit theft, conversion, larceny or misuse of city property," and such
violation may be punishable by a fine of not less than $300 or more than $1500,
or by imprisonment for up to 15 days, in addition to any other fines or
penalties; and
Whereas: Very few people are aware of this provision, which strengthens
possible penalties against those who abuse city properties; and
Whereas: If the City instituted a policy of posting vacant City-owned houses
identifying them as such, it would make the public aware that people who use
city properties for such activities as using or selling drugs would be subject
to enhanced penalties; and
Whereas: Such postings, if done in the normal course of repairs, boarding-up,
inspection, etc. of those properties, would not create a significant new burden
for City staff, but could help reduce vandalism and abuse of City properties;
Now, therefore be it resolved:
That the Law Department be requested to prepare an ordinance amendment
requiring that all vacant City housing properties be clearly identified as
being owned by the City, and that the signage include notification about the
enhanced penalties for abusing City properties; and
Be it further resolved:
That the Comptroller, Commissioner of Community Development, the Commissioner
of Police, and Mayor's Impact Team be requested to respond in writing to this
resolution; and
Be it finally resolved:
That the ordinance amendment and reports be filed with the City Clerk no later
than 2:00 PM on Thursday, August 29, 1996.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE CORPORATION COUNSEL,
THE COMMISSIONER OF COMMUNITY DEVELOPMENT, THE COMMISSIONER OF POLICE AND THE
MAYOR'S IMPACT TEAM
No. 192
By: Ms. Gray
Renaming War Memorial Stadium
Whereas: Johnnie B. Wiley, a resident, community activist, youth
advocate and family man of the City of Buffalo passed on to his eternal life on
July 7, 1996; and
Whereas: Johnnie B. Wiley was a gentleman of noble character, with high moral
standards, and one who constantly evoked the principles of goodwill and
brotherly love; and
Whereas: Mr. Wiley symbolized the characteristics that propel a community
forward and that are necessary to prepare the City of Buffalo for the 21st
Century, for he unselfishly gave of himself to help the economically poor and
the socially disadvantaged and championed issues that built coalitions between
diverse communities for the benefit of all city residents; and
Whereas: His profound ability to work with youth was demonstrated when he
served as an organizer for the Community Action Organization, as a
superintendent of the Great Valley Youth Camp and as Co-Director of the first
Youth Opportunity Homes for Girls. His participation as a founder of the Youth
Planning Council of the Near Eastside, and his role and impact in the formation
of the St. Augustine Center and My Brothers Keeper community based
organizations is indicative of his commitment to the youth of our city; and
Whereas: Johnnie B. Wiley's tireless efforts to challenge the status quo, his
decision to advocate for the helpless and the downtrodden will long be
remembered in this All-America City; and
Whereas: Many of the residents of the City of Buffalo have requested that the
Buffalo Common Council and the City of Buffalo rename the former War Memorial
Stadium site to the Johnnie B. Wiley Sports Pavilion in honor of his many years
of service to the youth of this city.
Now, Therefore, Be It Resolved:
That this Common Council supports the renaming of the former War Memorial
Stadium to the Johnnie B. Wiley Sports Pavilion, in honor of a person who
dedicated his life to the enrichment of youth in Buffalo, New York; and
Be it Finally Resolved:
That the Common Council follow the procedures as stated in Section 286-3 of the
City Charter, "Procedure for adopting new names or changing existing names of
public streets, parks and public buildings," and that the Law Department file a
legal opinion with this council on the proposed name change.
REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL
No. 193
By: Mr. Helfer
University Garden Apartments PILOT Agreement
Whereas: University Garden Apartments, L.P. (the "Partnership")
has submitted to City of Buffalo Comptroller and the City of Buffalo Planning
Division a request for approval of a plan for the redevelopment of 3082 Main
Street and 66 Custer Street in the City of Buffalo (the "Property") pursuant to
the provisions of Article V of the Private Housing Finance Law (the "Law"); and
Whereas: the Partnership as submitted to the City of Buffalo Common Council the
plan of the Project (the "Plan") with an Agreement of Payment in Lieu of Taxes
and Rental Regulation (the "Agreement") and the Unqualified Certificate of
Approval of the Plan of the Project given by the City of Buffalo Planning
Division; and
Whereas: the Buffalo Common Council has considered the Plan and the terms and
conditions of the Agreement with respect to their conformity to the provisions
and proposes of the Law, the extent and nature of the tax exemption to be
granted to the partnership under the Agreement, the property to be used for the
Project, the availability for other suitable dwelling accommodations for the
families living in the area affected by the Plan; and
Whereas: the Buffalo Common Council believes that the approval of the Plan and
the Agreement are in the best interests of the City of Buffalo; and
Now Therefore Be It Resolved:
That the Acquisition of the Property by University Garden Apartments, L.P. is
necessary and for the public purposes, as defined in the Law; and
Be It Further Resolved:
That the Plan and the Agreement are hereby in all respects approved and are in
conformity with the provisions and purposes of the law, including the tax
exemption to be granted under the Agreement pursuant to Section 125 of the Law;
and
Be It Finally Resolved:
That the Mayor is hereby authorized to execute and deliver the Agreement in
form submitted and approved by the Common Council at this meeting, and the City
Clerk is hereby authorized and directed to affix the seal of the City of
Buffalo thereto and attest the same.
PASSED
AYES - 11 NOES - 0
No. 194
By: Mr. Helfer
Preparation of Request for Proposal
Recycling Bin Advertisers
Whereas: The City of Buffalo Street Sanitation Department is responsible
for picking up recycled papers, cardboard and commingled recyclables (glass,
plastic and metal) on an alternating, weekly basis; and
Whereas: If the City of Buffalo can increase the amount of material that people
recycle it will save a considerable amount of money; and
Whereas: Garbage District 7, which encompasses parts of the University and
Delaware Districts, will be starting a pilot recycling program on August 5th
that will pick up paper, cardboard and commingled materials together every
week; and
Whereas: Though any Buffalo resident can currently purchase an extra City of
Buffalo recycling bin for $3.00, the City will attempt to give each resident in
the pilot area who wants to recycle an additional recycling bin; and
Whereas: If the pilot recycling program is successful, the Commissioner of
Street Sanitation might try this throughout the City. If everyone participates
and wants an extra recycling bin, it would cost the City approximately
$250,000; and
Whereas: Last year, I filed a Resolution asking the Corporation Counsel to give
the Common Council an opinion on the legality of having a private company pay
the City of Buffalo to put their advertising on the sides of our recycling
bins; and
Whereas: On July 16, 1996, Assistant Corporation Counsel Darryl McPherson told
the Common Council at a Finance Committee meeting that it could authorize
advertising on the recycling bins; and
Whereas: It would benefit the City greatly to get a sponsor who could pay the
City of Buffalo a significant amount to offset the cost of more recycling bins;
Now, Therefore, Be It Resolved:
That the Common Council requests the Mayor's Administration to support the
effort to obtain an advertiser for the City recycling bins, and it requests the
Corporation Counsel to prepare a Request for Proposal as soon as possible so
that the new recycling bins are ready By October 1, 1996
ADOPTED
No. 195
By: Mr. Helfer
Erect Banner Across Main St. at Capen Boulevard
Whereas: "Vinyl CD Madness" day is a record sale to benefit WBFO,
National Public Radio News & Jazz at the State University of New York at
Buffalo; and
Whereas: This community event will be held on Saturday, September 28, 1996 and
Sunday, September 29, 1996 from 11:00 a.m. to 6:00 p.m. at UB's Allen Hall; and
Whereas: Sponsors of the event request permission to erect a promotional banner
across Main Street at Capen Boulevard from September 13, 1996 to September 30,
1996; and
Whereas: The purpose of the banner is to promote the event and increase
attendance;
Now Therefore Be It Resolved That:
This Common Council grants permission to the event sponsors to erect a banner
pursuant to the conditions set forth by the Commissioner of Public Works and
the Corporation Counsel.
PASSED
AYES - 11 NOES - 0
No. 196
By: Ms. Kavanaugh
Lead Agency Designation under SEQR
Whereas: There is currently under consideration a local law authorizing
the establishment of a comprehensive solid waste management system including
the imposition of user fees by the City of Buffalo; and
Whereas: The Common Council hereby determines that the adoption of this local
law constitutes a Type I action pursuant to State Environmental Quality Review
Act ("SEQR"); and
Whereas: Pursuant to SEQR, there must be designation of a lead agency; and
Whereas: Lead agency means an involved agency principally responsible for
approving an action; and
Whereas: The Common Council is the only agency responsible for approving this
action and therefore must be designated lead agency to determine the
significance of this action.
Now Therefore Be It Resolved:
That the Common Council is hereby designated lead agency for the solid waste
collection user fees proposal; and
Be It Further Resolved:
That notification of this designation shall be mailed to the following
interested agencies: The Mayor, the Department of Street Sanitation, the
Department of Public Works, the Department of Community Development, the
Environmental Management Commission, the Solid Waste Task Force, the Department
of Administration and Finance, the Erie County Department of Health, and the
City Comptroller; New York State Department of Environmental Conservation, Erie
County Department of Environment and Planning; and
Be It Finally Resolved:
That this notification further provides for a fourteen (14) day public comment
period wherein interested parties can communicate any concerns regarding said
local law establishing a system of solid waste collection user fees, in
writing, to the City Clerk's office no later than August 6, 1996.
PASSED
AYES: Brown, Czajka, Franczyk, Gray, Helfer, Kavanaugh, Lockwood, LoTempio,
Quintana, Zuchlewski - 10
NOES: Coppola - 1
No. 197
By: Ms. Lockwood
Telecommunications Towers
Whereas: Sprint Spectrum, L.P. has proposed leasing about 300 square
feet of space adjacent to the Hancock Water Tower and constructing a 150-ft.
monopole with panel-type antennae and other ancillary equipment; and
Whereas: The Commissioner of Public Works has filed a communication asking the
Council and Water Board to approve a five-year lease with four automatic
five-year renewals for an annual rent of $7,200, with 20 percent increases at
renewal; and
Whereas: Sprint Spectrum, L.P. is a new joint venture with four partners:
Sprint, Cox Communications, Comcast Corporation, and TCI; and
Whereas: Sprint Spectrum has been licensed by the Federal Communications
Commission to provide Personal Communication Services (PCS) in the Buffalo
area, and hopes to begin operations in November; and
Whereas: In order to provide those services, Sprint Spectrum is seeking to
place such transmission towers throughout the area in order to transmit the
radio waves within a relatively limited geographic area known as a "cell;" and
Whereas: The low power of the radio signals require a rather significant number
of towers in order to provide complete coverage to a region; and
Whereas: AT&T and Omni Point also have received licenses to operate in and
around the City of Buffalo, and it is clear that PCS is a very lucrative and
rapidly growing technology which will present some unique and difficult zoning
and regulatory concerns; and
Whereas: The proliferation of these towers would create a variety of concerns
regarding safety and esthetics in the neighborhoods in which they would be
located, and would also place a greater burden upon the City departments with
the responsibility of overseeing these towers; and
Whereas: The Telecommunications Act of 1996 has maintained local governments'
ability to make zoning decisions about wireless telecommunications facilities,
as long as they do not discriminate among competing providers, do not have the
effect of prohibiting such services, act on any requests in a reasonable
period, and make any denial based upon evidence in a written record; and
Whereas: The Act also gives the FCC, not local governments, the sole authority
to determine whether or not the frequency emissions harm humans or the
environment; and
Whereas: It is very prudent at this time for the City of Buffalo to thoroughly
review this issue, especially as it relates to zoning, and identify public and
private concerns so that it can develop a clear and fair policy regarding such
towers;
Now, therefore be it resolved:
That the Corporation Counsel, Commissioner of Community Development, Director
of Licenses, Planning Board, Zoning Board, Commissioner of Public Works and
Commissioner of Assessment be requested to examine the issue of
telecommunications towers and make policy recommendations to this honorable
body in time for consideration at the next regularly scheduled Council meeting
on September 3, 1996; and
Be it finally resolved:
That the Director of Licenses be requested to refrain from granting any permits
for telecommunications towers until these responses are provided and a policy
can be established.
ADOPTED
No. 198
By: Mrs. Lockwood
Request Review for Potters Road Truck Traffic
Whereas: Potters Road is a busy residential South Buffalo Street;
and
Whereas: On July 18, 1996, a truck driving down Potters Road caught a branch
from a City tree, continued driving and eventually pulled the tree down; and
Whereas: This is the latest and most extreme example of the residents' concerns
about unchecked truck traffic; and
Whereas: This also points to the urgent need for the immediate trimming of all
City trees along Potters Road
Now Therefore Be It Resolved:
That the Public Works Commissioner file an explanation as to why Potters Road
is a designated truck route and offer alternatives to this serious safety
problem; including but not limited to de-designating Potter as a truck route or
establishing a weight limit, and
Be It Further Resolved:
That the Commissioner of Parks be notified as to the urgent need for the tree
trimming along Potters Road.
ADOPTED
No. 199
By: Mrs. LoTempio
Ordinance Amendment
Chapter 103 - Building Construction
and Demolition; Fire Prevention
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 103 of the Code of the City of Buffalo be amended to read as
follows:
Sec. 103-58 Roofing
A. Upon application for a building permit involving the repair or alteration of
an existing roof on any frame, structure or building in the City of Buffalo,
the applicant shall inspect the roof covering surface and report the number of
layers to the Division of Inspection, Licenses and Permits prior to the
issuance of any permit. In no event shall the layers of any roofing materials,
including, without limitation, wood, wood shingle, clay, asphalt or fiberglass
roofing materials three (3) layers without the prior written permission of the
Commissioner of Community Development or his designee. If a permit application
and the work described therein requests the placement of any roofing materials,
including, without limitation, wood, wood shingle, slate, clay, asphalt or
fiberglass roofing materials in excess of three (3) layers, or request the
placement of any roofing materials upon an existing slate roof, the applicant
shall provide plans, specifications, structural drawings and load calculations
describing the proposed work, and any other information as may be reasonably
requested by the Commissioner of Community Development or his designee in order
to meet the requirements of this Section. Such plans, specifications,
structural drawings and load calculations shall be certified by a New York
State certified Structural Engineer and shall be subject to the approval of the
commission of Community Development or his designee. Such approval shall take
place prior to the issuance of the permit and the results of the applicant's
inspection, the certified plans, specifications, structural drawings and load
calculations shall be maintained by the Commissioner of Community Development
or his designee and such information shall be recorded on any permit that may
be issued.
B. In the event that the applicant's inspection reveals three (3) or more
layers of roofing material, such roof covering layers shall be completely
removed to the sheathing or roof batten portion of the roof assembly. No
partial tear off of roof covering layers will be permitted. If roof sheathing,
rafter replacement and eave repairs are required, they shall be performed in
accordance with standard construction industry practices as determined by the
Commissioner of Community Development or his Designee.
C. Existing roofs containing rotted, unsecured or structurally unsound
materials shall not be repaired or altered without first removing such
materials and in no event shall such materials be covered by any other roofing
materials.
D. A violation of this Section shall require removal by the owner or contractor
of any materials placed in violation of this Section and such removal shall be
performed at their expense. Additionally, a violation of this Section shall be
subject to the general penalties as stated in Buffalo Code Section 1-15.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF COMMUNITY
DEVELOPMENT
No. 200
By: Ms. LoTempio
Councilmember Excused for Absence
Now, Therefore, Be It Resolved:
That Councilmember Barbara A. Miller-Williams is excused from attendance at the
stated Council Meeting on July 23, 1996.
ADOPTED
No. 201
By: Mrs. LoTempio and Mr. Helfer
City of Buffalo
Local Law No. (1996)
Introductory No. 11 (1996)
A LOCAL LAW amending Article 15 of the Charter of the City of
Buffalo.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Article 15 of the Charter of the City of Buffalo, adopted
pursuant to law, is hereby amended to read as follows:
By amending the first unnumbered paragraph of section 292 to read:
The commissioner of street sanitation shall have the supervision and management
of all the affairs of the department of street sanitation. He shall be charged
with and exercise the following powers and duties, to wit: The cleaning by
sweeping and/or flushing with water, including the control by either removal or
displacement of snow and ice accumulations thereon, of all public streets,
alleys, roadways and highways; the control, direction, management and
coordination, including the planning and designing, of all programs for the
removal, displacement, or prevention of snow and ice accumulations or icy
conditions on all public streets, alleys, roadways and highways, which programs
shall be filed with the common council by November first of each year, and for
any of the other activities of the department; the removal and delivery to the
department of public works for [destruction and/or] disposal, of [ashes,
garbage, rubbish or other materials] solid waste; the regulation and control of
all [garbage or rubbish] solid waste collection, including the inspection of
structures and premises where the same are stored in connection therewith, and
the enforcement of applicable state laws and ordinances relating to the same or
relating to any of the other activities of the department of street sanitation;
orderly administration of all applicable state and local laws and ordinances
regulating solid waste collection and recycling in the City; add to or delete
from list of recyclable materials and establish rules and regulations regarding
the separation, preparation, collection, transport and disposal of recyclables
in accordance with state and local law and ordinances; the elimination,
regulation and disposal of pests, including rats and pigeons; the inspection of
structures and premises in connection therewith; the removal and disposal of
dead animals and carcasses from streets and public [grounds] places; the
management and control of the operation of the [dog pound] animal shelter,
including the performance of all duties required for the proper seizure and
impounding of [dogs] animals and for the destruction or sale thereof. The
commissioners of police, public works, parks, fire, and all other city agency
heads shall cooperate fully with the commissioner of street sanitation in
carrying out the functions of this department.
Section 2 That new Sections 293 through 294.5 be added to read as follows:
Sec. 293. Solid Waste Collection User Fees.
A. Pursuant to the City of Buffalo's home rule powers, the City of Buffalo
hereby establishes user fees to fund the public collection of solid waste.
There shall be user fees for commercial users and residential users.
Commercial users, unlike residential users, vary widely in the quantity and
nature of the waste discarded that defy a single standard for collection and
rate setting, whereas residential users generally have similar types and
quantities of solid waste, thus a single standard may be established for
collection and user fee rates, Many commercial users, including industrial
property owners, institutional property owners, apartment and multiresidential
complex owners, have existing contracts with duly licensed solid waste
collectors which the City does not intend to disturb.
B. The council shall have the power to enact appropriate authorizing ordinances
or resolutions for user fees for the public collection of solid waste, and the
commissioner of street sanitation is authorized to adopt appropriate rules and
regulations pursuant to this Section and pursuant to local laws, ordinances, or
resolutions adopted pursuant to this Section. The fees charged pursuant to
this Section shall be in such amounts as shall apportion the entire net cost of
the solid waste collection and disposal services to and among the users of such
services in a fair and equitable manner. The factors for such apportionment
may include the costs of collecting solid waste, the fees charged to the City
for disposal of solid waste, administrative and labor costs, capital costs for
maintaining the system, the frequency of collection, the type of waste
collected, revenues derived from recycling, other sources of revenue, fixed and
incremental costs of service, and other appropriate factors.
Sec. 294. Public Collection of Residential Solid Waste.
A. No person, except City employees in the performance of their official duties
and City contractors, shall engage in the collection of residential solid
waste. No solid waste collector or regulated substance collector shall collect
residential solid waste unless authorized by the commissioner of street
sanitation.
B. The department of street sanitation shall collect and dispose of residential
solid waste originating in the City, as further limited by this Article. The
department of street sanitation shall not collect infectious waste, regulated
materials, regulated medical waste, or hazardous waste. The commissioner of
street sanitation may promulgate regulations covering the items of collection
of solid waste, and such other matters pertaining to the public collection and
disposal of solid waste as he or she may deem necessary, provided that such
regulations are not contrary to the provisions of this Article.
C. Residential solid waste shall not be accumulated except in accordance with
the regulations of the commissioner of street sanitation and prepared by owners
and occupants in accordance with the provisions of this Article.
Sec. 294. 1. Residential User Fees.
A. There shall be established residential user fees for collection of solid
waste as to be provided in Article 175, Fees, of the Code of the City of
Buffalo.
B. All residential users shall be billed for public solid waste collection and
disposal services. The billing of residential user fees shall be subject to
audit by the commissioner of street sanitation pursuant to the rules and
regulations of the commissioner.
C. All residential user fees are payable in advance as indicated on the bill;
and if not paid within ten (10) days of the billing date, there shall be added
to that bill one and one-half percent (1.5%) per month at the first day due to
be accrued daily and add one and one-half percent (1.5%) for each succeeding
month until paid.
D. The bill shall be rendered as an annual statement with provision for both
payment in its entirety of the annual amount stated or by payment of a
quarterly statement. If the owner chooses to pay the quarterly installment,
that quarterly payment must be made within ten (10) days of the billing date.
E. In the event a user fee bill is referred to an collection agency, the
collection agency's charges shall be added to the fees and interest due and
owing.
Sec. 294.2. Unpaid Residential User Fees.
Unpaid residential user fees, including interest, costs, administrative and
legal expenses, and collection charges incurred, shall be the personal
liability of the owner and shall also be a lien upon the real property in
connection with which solid waste collection is offered as and from the due
date for services billed and to be offered in the fiscal year commencing on
that date. Notwithstanding any ordinance or local law to the contrary, this
lien shall be superior to any and all other liens, excepting those for general
taxes and local assessments, and shall have equal priority with liens imposed
for water charges, which lien can be enforced by foreclosure proceedings
instituted at the expiration of one (1) year from the date of the creation of
the lien, in addition to and notwithstanding any and all other remedies
available to the City for the collection of unpaid user fee bills.
Sec. 294.3. Public Collection of Commercial Solid Waste.
A. The department of street sanitation shall collect and dispose of commercial
solid waste originating in the City, as further limited by this Article. The
department of street sanitation shall not collect industrial waste, infectious
waste, regulated materials, regulated medical waste, or hazardous waste. The
commissioner of street sanitation may promulgate regulations covering the items
of collection of solid waste and the fees charged therefor, and such other
matters pertaining to the public collection and disposal of solid waste as he
or she may deem necessary, provided that such regulations are not contrary to
the provisions of this Article.
B. Commercial solid waste shall not be accumulated except in accordance with
the regulations of the commissioner of street sanitation and prepared by owners
and occupants in accordance with the provisions of this Article.
C. Commercial users must provide for the lawful collection and disposal of
waste. Commercial users may elect to be serviced by solid waste collectors or
the department of street sanitation. Commercial users not serviced exclusively
by the department of street sanitation must establish to the satisfaction of
the commissioner that a duly licensed solid waste collector is providing
collection and disposal services for the user and that collection is being made
at a frequency determined by the commissioner from time to time to be
consistent with public health, safety and general welfare requirements.
Failure to provide for adequate collection and disposal services in accordance
with this Article shall constitute a violation.
D. Commercial users who produce industrial waste, infectious waste, regulated
materials, regulated medical waste or hazardous waste must have such waste
collected by regulated substance collectors and that collection must be made at
a frequency determined by the commissioner from time to time to be consistent
with public health, safety and general welfare requirements. Failure to
provide for adequate collection and disposal services in accordance with this
Article shall constitute a violation.
Sec. 294.4. Commercial User Fees.
A. The fees for public collection and disposal of commercial solid waste shall
be determined by the commissioner of street sanitation, billing of which is
subject to audit by the commissioner, pursuant to the rules and regulations of
the commissioner. The commissioner may negotiate such fees and service
agreements based on such factors as (but not limited to) volume time
requirements for public collection for contracting with commercial users within
the City, provided that such fees shall in all instances cover at a minimum the
incremental full costs of providing such service.
B. All commercial user fees are payable in advance as indicated on the bill;
and if not paid within ten (10) days of the billing date, there shall be added
to that bill one and one-half percent (1.5%) per month at the first day due to
be accrued daily and add one and one-half percent (1.5%) for each succeeding
month until paid.
C. The bill shall be rendered as an annual statement, or as provided for in the
agreement between the City and the commercial user, with provision for both
payment in its entirety of the annual amount stated or by payment of a
quarterly statement.
D. In the event a user fee bill is referred to an collection agency, the
collection agency's charges shall be added to the fees and interest due and
owing.
Sec. 294.5. Unpaid Commercial User Fees.
Unpaid commercial user fees, including interest, costs, administrative and
legal expenses, and collection charges incurred, shall be the personal
liability of the owner and shall also be a lien upon the real property in
connection with which solid waste collection is offered as and from the due
date for services billed and to be offered in the fiscal year commencing on
that date. Notwithstanding any ordinance or local law to the contrary, this
lien shall be superior to any and all other liens, excepting those for general
taxes and local assessments, and shall have equal priority with liens imposed
for water charges, which lien can be enforced by foreclosure proceedings
instituted at the expiration of one (1) year from the date of the creation of
the lien, in addition to and notwithstanding any and all other remedies
available to the City for the collection of unpaid user fee bills.
Section 3. This local law shall take effect immediately.
IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law,
that the immediate passage of this Local Law is necessary.
ANTHONY M. MASIELLO
MAYOR
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
NOTE: Matter in brackets [] to be deleted; matter underlined is new.
LAID ON THE TABLE
No. 202
By: Mrs. LoTempio and Mr. Helfer
Re: Ordinance Amendment
Chapter 137 - Code Enforcement
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 137 Code Enforcement, Section 2, Additional jurisdiction of
Parking Violations Bureau, of the Code of the City of Buffalo be amended to
read as follows:
137-2. Additional jurisdiction of Parking Violations Bureau.
The Parking Violations Bureau shall hear and administratively determine charges
of violations of certain provisions of the following chapters of this Code or
any ordinance later adopted related to streets, sidewalks and sanitation. This
additional jurisdiction is conferred by Local Law No. 3 of 1987, adopted
pursuant to Chapter 856 of the Laws of 1986:
Chapter 216, Garbage, Rubbish and Refuse, Articles I, VI, and VII [and VIII]
Chapter 263, Licenses, Articles IV and VI
That Chapter 137 Code Enforcement, Section 4(H) Powers and duties of Bureau, of
the Code of the City of Buffalo be amended to read as follows:
H. To prepare and to issue a notice of violation in blank to employees of the
Parking Violations Bureau, whose duties, as prescribed by the Director of the
Parking Violations Bureau, include enforcement of the following chapters of the
Code and to any peace officers authorized by the city to assist in the
enforcement of this Article...
Chapter 216, Garbage, Rubbish and Refuse, Article[s] VII [and VIII]
Chapter 263, Licenses, Articles IV and VI
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
Note: Matter underlined is new; matter in brackets to be deleted.
REFERRED TO THE COMMITTEE ON BUDGET
No. 203
By: Mrs. LoTempio and Mr. Helfer
Re: Ordinance Amendment
Chapter 263-Licenses
The Common Council of the City of Buffalo does hereby ordain as
follows:
Section 1 That Chapter 263 of the Code of the City of Buffalo be amended to add
new Article VI, Solid Waste Collection, to read as follows:
SOLID WASTE COLLECTION
263-25 Definitions.
As used in this Article, the following terms shall have the meanings indicated,
or as indicated in Chapter 216, Garbage, Rubbish and Refuse, of this Code:
COMBUSTIBLE MATERIAL--Material which is apt to catch fire, capable of burning,
or that will readily and safely burn in an incinerator and may be properly
disposed of there. This term includes garbage, paper and wood.
COMMERCIAL USER--Any person who owns or occupies a parcel of land in the City
of Buffalo which is designed for or occupied by the use other than a one-,
two-, or three-family residential use. This term includes, but is not limited
to, multiresidential complex, government properties, institutional properties,
industrial properties, vacant lots zoned for commercial or industrial uses, and
parking lots.
DISPOSAL SERVICE--The collection and removal of solid waste.
FILL MATERIAL--Any material, including (but not limited to) earth, rocks and
gravel, which is used for filling a hole, depression or landfill.
GARBAGE--Any putrescible animal and vegetable wastes, kitchen refuse or table
scraps resulting from the handling, preparation, cooking and consumption of
food. This term does not include regulated materials.
LANDFILL--Any disposal facility or part of a facility where solid waste is
placed in or on land, and which is not a land treatment facility, a surface
impoundment, or an injection well.
REAL PROPERTY--All realty located within the City, whether occupied by owner or
rented, whether commercial or residential.
RECEPTACLE--A container or vessel for temporary disposal of solid waste, such
as a trash can, garbage can or dumpster.
REGULATED MATERIAL--Any material which has been exposed to or is a chemical,
substance, waste, or pollutant, as defined in or governed by any environmental
law or as determined by any governmental agency or the Commissioner of Street
Sanitation, including, but not limited to: high-level and low-level radioactive
waste, by-product material, hazardous waste, infectious waste, raw sewage,
septage, sludge, regulated medical waste, industrial solid waste, petroleum or
waste oil.
SOLID WASTE--All putrescible and nonputrescible materials or substances
discarded or rejected as having served their original intended use or as being
spent, useless, worthless, or in excess to the owner at the time of such
discard or rejection. This term includes, but is not limited to, garbage,
ashes, refuse, rubbish, and recyclable materials. This term does not include
solid or dissolved matter in domestic sewage or substances, materials in
noncontainerized gaseous form, or regulated materials.
SOLID WASTE COLLECTOR--A person, other than the City, engaged in the
collection, removal, transportation, or disposal of commercial solid waste or
industrial waste with or without charge or payment.
WASTE--Any garbage, sludge, and other discarded material, whether or not such
material may eventually be used for some other purpose.
263-26 Solid waste collector permit required; application; issuance.
No person shall remove or cause to be removed any of the contents of any
receptacle placed in or outside of a building for collection, nor shall any
person collect or perform the duties of a solid waste collector, or convey,
carry or transport any solid waste through, over or along any of the streets of
the City of Buffalo while the City of Buffalo, through the Department of Street
Sanitation, is collecting such solid waste in the City, except as follows:
A. Any person who is the holder of a permit duly issued by the Erie County
Health Department, pursuant to the provisions of Article VIII of the Sanitary
Code of Erie County, may apply in writing to the Common Council for its
approval to operate a disposal service for the collection of solid waste
originating in the City of Buffalo. Such approval shall be subject to the
following conditions and requirements:
(1) The written consent of the Commissioner of Street Sanitation.
(2) That the applicant shall observe all the sanitary requirements as
prescribed by the health ordinances of the City of Buffalo, all other
applicable ordinances of the City of Buffalo and any regulations of the
Department of Health of Erie County now or hereafter in effect.
(3) That the Commissioner of Street Sanitation shall have the power to impose
such conditions or restrictions regarding said disposal service as he or she
may deem necessary and may from time to time change such conditions,
restrictions or regulations and may, in his or her discretion, revoke the
permit granted pursuant to this Article at any time.
(4) That the applicant shall provide to the Department of Street Sanitation a
list of commercial users within the City the applicant has contract to service,
with updating of the list of such contractees annually. The applicant shall
disclose within five (5) days of the commencement or termination of any of its
contracts the commercial users to be serviced or to be no longer serviced under
contract with the applicant. Disclosure by an applicant of the identity of
serviced commercial users shall be deemed to be disclosure of proprietary
information for purposes of the New York State Freedom of Information Law.
Failure to provide this information to the Department may result in the
revocation of the permit granted pursuant to this Article.
B. Issuance of permit.
(1) If the application is approved by the Common Council, the Commissioner of
Street Sanitation shall issue to the applicant a permit to operate said
collection and disposal services in such form as the Commissioner of Street
Sanitation may prescribe and subject to any conditions in reference thereto
imposed by the Common Council.
(2) The permit fee to be paid pursuant to this section shall be as provided in
Chapter 175, Fees, of this Code.
(3) No permit issued pursuant to this Article shall be transferable.
Section 2. That Chapter 263 of the Code of the City of Buffalo be amended to
add a new Article VII, Landfills, to read as follows:
LANDFILLS
263-27 Landfill operation license required.
It shall be unlawful for any person to conduct, operate, maintain or use any
real estate in the City of Buffalo as landfill area or any other type of place
for the reception or disposition of any type of inert fill or solid waste for
either temporary storage or final disposal without first having obtained a
license for each such premises from the Commissioner of Public Works. The
owner or operator of any landfill presently being operated at the effective
date of this Article under an active permit issued by the Commissioner of
Public Works shall not be affected by this Article for the remainder of the
twelve-month life of said permit.
263-28 Application procedure.
A. Each application shall be filed with the Commissioner of Public Works using
forms supplied by the Commissioner Public Works and shall be accompanied by a
filing fee as provided in Chapter 175, Fees, of this Code.
B. The Commissioner of Public Works shall cause copies of the completed
application to be forwarded to the Commissioners of Fire and Police and to the
Environmental Management Commission for their recommendations. A copy shall
also be transmitted to the Common Council for its information. Said
recommendations shall be made within thirty (30) days and returned to the
Commissioner of Public Works.
C. The Commissioner of Public Works shall forward the completed application,
the Department of Public Works' recommendations, his or her own recommendation
and any additional pertinent information concerning the application to the City
Planning Board.
263-29 Review by Planning Board.
A. Upon receipt of the application and accompanying information, the City
Planning Board shall schedule a public hearing thereon as soon as practicable.
Said hearing shall be preceded by a notice published at least once in a
newspaper of general circulation containing the name and address of the
applicant, the address of the landfill and the time and location of the public
hearing.
B. The City Planning Board may approve the application with or without
conditions or may reject it, upon stated written reasons therefor. In making
its decision, the City Planning Board shall consider the landfill's impact on
the health, safety and welfare of the City's inhabitants as well as its impact
upon the neighboring environment. The Board shall forward its decision, if
positive, to the Commissioner of Public Works.
263-30 Bond and grading plan.
A. Upon receipt of approach by the City Planning Board, the Commissioner of
Public Works shall require the applicant to supply a cash bond or a bond issue
by a surety corporation and a grading plan.
B. The cash bond or bond issued by a surety corporation shall secure
performance in accordance with the provisions of this Charter and the Code of
the City of Buffalo and shall be in the penal sum computed as follows: fifty
thousand dollars ($50,000.00) for any site up to one (1) acre, plus twenty-five
thousand dollars ($25,000.00) per acre thereafter. Said bond shall be
acceptable to the Corporation Counsel and the Comptroller.
C. The grading plan shall be prepared and stamped by a licensed land surveyor
and shall show existing grades, drainage courses and final design grades for
the site. The grading plan shall be acceptable to the Commissioner of Public
Works.
263-31 Issuance of license; duration.
Upon completion of all requirements, the Commissioner of Public Works shall
issue a license to the applicant to operate a landfill on the site described in
the application for a period of twelve (12) months.
263-32 License renewal.
Licenses issued hereunder may be renewed upon application therefor if the
Commissioner of Public Works determines that the landfill is being operated in
strict accordances with the terms of the license and this Article.
263-33 Revocation.
The Commissioner of Public Works may revoke licenses issued hereunder upon
notice and after affording the licensee an opportunity to be heard. Licenses
would be subject to revocation for failure to correct violations after having
an opportunity to do so or for failure to abide by any conditions of the
license.
263-34 Additional remedies.
In addition to the penalty of revocation, the Commissioner of Public Works may
cause violations of this Article to be corrected and the cost thereof to be
charged against the property and the bond required hereunder. Such correction
shall be subject to notice and a reasonable opportunity to correct the same.
263-35 Prohibited acts.
A. The dumping of garbage or any other material that is capable of putrefaction
or becoming filthy, noxious or unhealthy is prohibited.
B. The placing of any combustible materials in any landfill or, in any way,
mixing in or covering such materials with the fill material is prohibited.
C. The placing or mixing of any regulated material of any kind within any
landfill is prohibited.
263-36 Penalties for offenses; rewards.
A. A violation of the provisions of 216-17 and 216-18, 263-27 through 263-35 of
this Code by a person shall be deemed a nuisance, punishable by fine or other
penalty. The Commissioner of Police is hereby authorized to impound vehicles
engaged in illegal dumping.
B. Any person violating the provisions of 216-17 and 216-18, 263-27 through
263-35 of this Code may be liable, in addition to the general penalties, to the
penalties established in Chapter 137, Article 1, of this Code.
C. The Commissioner of Police is authorized to offer a reward of not less than
fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00) for
any information leading to the apprehension and conviction of any person
violating 216-17 and 216-18, 263-27 through 263-35 of this Code.
263-37 Cessation of operation.
A. Upon completion of the landfill operation, the landfill operator shall
completely cover the site with six (6) inches of topsoil and shall seed the
entire area.
B. The cash bond or surety bond will be returned to the applicant after the
Commissioner of Public Works has confirmed that the following requirements have
been satisfactorily met:
(1) The licensee has complied with all the specifications, provisions and any
specific detailed conditions contained in the permit that is part of the
license.
(2) The licensee or his agents have faithfully operated the landfill area in
accordance with the spirit and intent of the provisions of this Article.
(3) Final grading and seeding have been completed.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
NOTE: Matter in brackets to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON BUDGET
No. 204
By: Mrs. LoTempio and Mr. Helfer
Re: Ordinance Amendment
Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows.
That Chapter 175, Fees, of the Code of the City of Buffalo be amended to read
as follows:
Chapter 216, Garbage, Rubbish and Refuse Fee
216-55 Residential user fees. Annual Fee
Vacant lots $
Number of dwelling units
1 $
2 $
3 or 2 houses on one lot $
216-62, receptacles for events
Trash can $1.50 per can
Dumpster $150.00 per dumpster
Tipping feeAs provided in the City's disposal contract
Chapter 263, Licenses
263,26, collection service permit, annually $1,050.00
263.28, landfill operation license $26.50
NOT APPROVED AS TO FORM
(Original Not Signed)
NOTE: Matter in brackets to be deleted - matter underlined is new.
REFERRED TO THE COMMITTEE ON BUDGET
No. 205
By: Mrs. LoTempio and Mr. Helfer
Re: Ordinance Amendment
Chapter 216 - Garbage, Rubbish and Refuse
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Sections 216-1 through 216-6, 216-8 through 216-10, 216-12 through 216-17,
216-30 through 216-34, 216-37 through 216-51 of Chapter 216 the Code of the
City of Buffalo be amended to read as follows:
216-1. Abatement of nuisances required; action upon failure to comply.
It shall be the duty of the owner or occupant of any real property or premises
within the City limits, whenever the Health Commissioner shall declare any
unwholesome grounds, yards, cellars, buildings or other place, stagnant or
unwholesome water, filth and unwholesome matter injurious to health to be a
nuisance, to immediately cause the same to be abated; and in case the owner or
occupant shall neglect or decline so to do, the Health Commissioner shall
report the work necessary to be done to the [Commissioner of Inspections and
Licenses] Director of Inspections, Licenses and Permits, who shall proceed to
abate the same in accordance with the exigencies suggested by the Health
Commissioner. When appropriate, the Commissioner of Street Sanitation or the
Director of Inspections, Licenses and Permits shall request that the Health
Commissioner determine whether any condition is a health nuisance.
216-2. Dead animals.
A. Owners or occupants who discover a dead animal on their real property or
premises shall call the Department for instruction as to the proper collection
and disposal of the dead animal.
B. It shall be the duty of the [scavengers] Department to remove to such place
or places as the Commissioner [of Street Sanitation] shall designate all dead
animals that may be found on the streets, alleys or public grounds of the
[city, and for such purpose they shall report to such offices or departments of
the city as the Commissioner of Street Sanitation may direct to receive such
orders as there may be given for the removal of such dead animals.] City. The
Department shall report to such offices or departments of the City as the
Commissioner may direct to receive such orders for the removal of such dead
animals,
216-3. Permit required; application; issuance.
A. No person [, firm or corporation] shall remove or cause to be removed any of
the contents of any [garbage] receptacle placed in or outside of a building for
collection, nor shall any person[, firm or corporation] collect or perform the
duties of a solid waste collector [of garbage, food refuse, kitchen refuse,
ashes, rubbish, or any refuse,] or convey, carry or transport any solid waste
[garbage, food refuse, kitchen refuse, ashes, rubbish, or any refuse] through,
over or along any of the streets of the City of Buffalo [while] as long as the
City of Buffalo[, through the Department of Street Sanitation] is performing
the service , is collecting such solid waste [garbage, food refuse, kitchen
refuse, ashes, rubbish or any refuse] in the City, except if licensed pursuant
to Chapter 263, Licenses, of this Code, [as follows:
A. Any person, firm or corporation who is the holder of a permit duly issued by
the Erie County Health Department, pursuant to the provisions of Article VIII
of the Sanitary Code of Erie County, may apply in writing to the Common Council
for its approval to operate a garbage disposal service for the collection of
garbage, food refuse, kitchen refuse, ashes, rubbish or any refuse originating
in the City of Buffalo. Such approval shall be subject to the following
conditions and requirements:
(1) The written consent of the Commissioner of Street Sanitation.
(2) That the applicant shall observe all the sanitary requirements as
prescribed by the health ordinances of the City of Buffalo, all other
applicable ordinances of the City of Buffalo and any regulations of the
Department of Health of Erie County now or hereafter in effect.
(3) That the Commissioner of Street Sanitation shall have the power to impose
such conditions or restrictions regulating said garbage disposal service as he
may deem necessary and may from time to time change such conditions,
restrictions or regulations and may, in his discretion, revoke the permit
granted pursuant to this Article at any time.
B. Issuance of permit.
(1) If the application is approved by the Council, the Commissioner of Street
Sanitation shall issue to the applicant a permit to operate said collection
service in such form as the Commissioner of Street Sanitation may prescribe and
subject to any conditions in reference thereto imposed by the Council.
(2) The permit fee to be paid pursuant to this section shall be as provided in
Chapter 175, Fees.
(3) No permit issued pursuant to this Article shall be transferable.]
B. No solid waste collector licensed pursuant to Chapter 263, Licenses, of this
Code, shall:
(1) Violate any provision of this Chapter, other ordinances, local law, or
Common Council resolution.
(2) Violate a rule or regulation established by the Commissioner.
(3) Dispose of solid waste at a site not approved by the New York State
Department of Environmental Conservation.
(4) Litter.
(5) Scavenge.
(6) Collect residential solid waste for public collection in violation of
Section 294 of the Charter of the City, of Buffalo.
216-4. [Vessels] Receptacles used for collection.
A. The Commissioner authorized to adopt rules and regulations for receptacles
to provide for uniform types of receptacles.
B. Every [person who shall engage in the business of collecting and removing
refuse,] solid waste collector which collects and disposes- of garbage. bones,
putrid and decaying meats or soap fat within the City of Buffalo shall use for
that purpose a [box or vessel] receptacle so constructed as to prevent the
escape of any offensive odor or [effluvia] vapor therefrom. Such a [box or
vessel] receptacle shall at all times, when not necessarily open for the
purpose of depositing the material collected therein, be kept securely covered.
216-5. [General requirements] Garbage receptacles for patron use.
A. [The owner or proprietor of any commercial establishment] Any commercial
user wherein food items are sold for off-premises consumption shall place a
[garbage] receptacle immediately outside the premises for the use of patrons to
discard said food items or their wrappings therein.
B. Said receptacle shall be secured to eliminate improper removal from the
site. Said receptacle shall be visible and accessible to the public and shall
be maintained in a clean and sanitary state. Said receptacle shall be covered
in such a fashion so as to eliminate the possibility of divergence by wind or
soaking by rain or snow or accessibility to animals.
C. Said receptacle shall not be allowed to overflow or in any way become a
health hazard or nuisance and shall be emptied in an approved fashion as
provided in the regulations of the Commissioner on a daily basis.
216-6. Preparation requirements.
A. It shall be the duty of each [householder] person to strain and securely
wrap in paper or plastic all garbage [and kitchen and table waste designed] set
out for public collection by the City. The Commissioner [of Street Sanitation]
is hereby authorized to decline to collect any garbage [or kitchen or table
waste] not so wrapped.
B. Loose disposal of syringes, lancets and needles is hereby prohibited.
Syringes, lancets and needles are hereby deemed to be regulated medical waste,
which the City shall not collect, and such regulated medical waste must be
collected by a licensed regulated substance collector or medical facility with
appropriate collection facilities for such regulated medical waste. Syringes,
lancets and needles must be disposed of in a sealed and clearly marked
container. [before such material is brought to the curb for collection. The
Commissioner of Streets and Sanitation is hereby authorized to refuse any
garbage not so prepared.]
C. All owners or occupants must have a sufficient number of receptacles to hold
all solid waste accumulated between scheduled collections and shall not allow
solid waste to be stored or to accumulate on their property in a manner or
amount contrary to the rules and regulations of the Commissioner. Any
accumulation of waste in excess of one and one-half (1-1/2) cubic yards or ten
(10) thirty-gallon receptacles may be declared to be a public nuisance by the
Commissioner. The Commissioner shall have the authority to abate any public
nuisance under this section and to impose the fees, charges and penalties of
this Chapter as well as the costs of collection for such abatement.
216-8. Storage.
[No kitchen refuse, table scraps, waste animals or vegetable matter or similar]
Garbage shall not be kept or stored upon any real property or premises by any
person[, firm, or corporation] except in [tight metal containers with metal]
pest-proof receptacles with tight covers. Such [containers] receptacles shall
be kept tightly covered at all times except when deposits are being made
therein and during the time that garbage therefrom is being collected from the
real property or premises.
216-9. Deposit of materials prohibited.
A. [A] No person shall, place, deposit, leave, litter, throw, cast or dump, or
cause to be placed, deposited, left, littered, thrown, cast or dumped, or
permit any servant, agent, employee or other person under his control to place,
deposit, leave, litter, throw, cast or dump any [trash, ashes, broken articles,
garbage, junk, refuse or waste material] waste of any kind on any street,
sidewalk, or right-of-way (including the curbline) public park, public place or
any real property or premises within the City of Buffalo without the lawful
consent of the owner or occupant in possession thereof. Nothing in this
section shall prohibit the dumping of [trash] bulk solid waste in an authorized
municipal dumping ground.
B. The owner, operator, registrant and any occupants of a vehicle involved in
the [used to dump illegally shall be jointly and severally liable for] placing,
depositing, leaving, littering, throwing, casting or dumping any [trash, ashes,
broken articles, garbage, junk, refuse or waste material of any kind] waste on
any street, curbline. public park, public place or on any real property or
premises within the City of Buffalo without the lawful consent of the owner or
[tenant] occupant in possession thereof [and] shall be jointly and severally
liable for the penalties imposed pursuant to this Article and shall each be
guilty of a violation.
216-10. Rewards.
A reward of five hundred dollars ($500.00) is hereby offered to the person or
persons who furnish information leading to the apprehension, arrest and
conviction of anyone found guilty of illegal dumping within the City of Buffalo
as set out in this Chapter. Such reward shall not apply to any employee, agent
or servant of the City of Buffalo who acquires such information during the
discharge of his official duties. All claims for such reward must be made to
the City of Buffalo within ninety (90) days after the conviction of any such
person or persons.
216-12. [Removal] Collection of deposited material.
The owner or occupant of [any lands] real property or premises within the City
of Buffalo shall, upon the direction of the Health Commissioner, cause the
collection of any of the substances mentioned in 216-9 which shall have been
thrown, placed or deposited upon the [lands so owned or occupied to be removed]
owner's or occupant's real property or premises.
216-13 Maintenance of real property or premises; removal of manure.
A. Every owner or occupant of [lands] real property or premises within the City
of Buffalo shall keep [said lands] such real property and [buildings] premises
thereon, of whatsoever kind, free and clear of any kind of filth or dirty water
or unwholesome matter and of all the substances specified in Article I of this
Chapter and 216-9 of this Article.
B. Every owner or occupant of [lands or buildings] real property or premises in
the City of Buffalo keeping horses, cows or other quadrupeds within the limits
of said City shall remove from the real property or premises all manure
accumulating thereon as often as required by the Health Commissioner.
C. Every owner or occupant of [lands] real property or premises on or in which
horses, cows or other quadrupeds are kept and each and every owner of such
animals or owner or occupant of the real property or premises shall, at all
times throughout the year, keep all manure in tight receptacles until such
manure is removed as required, and such receptacles shall in all respects
conform in material and manner of construction to the requirements of the
Health Commissioner.
D. The Health Commissioner may order any person who shall have thrown, placed
or deposited any of the materials or substance contrary to the provisions of
this [Article] Chapter to remove the same in such manner and within such times
as may be designated.
216-14. Placement of materials for collection; penalties for offenses.
A. No person shall deposit or leave or cause or allow any agents, subordinates,
[tenants] occupants or employees to deposit or leave in any public street,
curbline or public place any [dirt, ashes, rubbish, garbage, trash or other
waste materials] solid waste, unless the same [are] is in proper receptacles,
not more than twelve (12) hours prior to the time of the regular collection as
set by the Commissioner nor shall any person deposit or leave or cause or allow
any agents, subordinates, occupants or employees to deposit or leave in any
public street, public parks or public place any solid waste in excess of
amounts established by the Commissioner.
B. The Commissioner shall have the power to regulate the amount of solid waste
left out for collection and may provide for the recovery of the cost of
removing any such excess solid waste left out for collection as provided in
Chapter 175, Fees, of this Code.
C. Any person violating the provisions of this section may be liable, in
addition to the general penalties, to the penalties established in Chapter 137,
Code Enforcement Article I, of this Code.
216-15. Rules and regulations.
A. The Commissioner [of Street Sanitation] shall designate days for the removal
of [garbage, ashes and rubbish] solid waste from the several streets of the
City, and on those days it shall be lawful for any person to place at the
curbline in front of the premises occupied by him all [garbage, ashes, rubbish
and dirt] solid waste collected from the lot owned or occupied by him in
[barrels, metal cans, plastic containers] receptacles or plastic bags properly
closed with a twist tie or string.
The Commissioner is authorized to adopt rules and regulations for receptacles
to provide for uniform types of receptacles. All owners [of property] shall
assure that [tenants] occupants comply with this requirement. Only in the case
of express direction of the Commissioner [of Street Sanitation] shall it be the
duty of employees of the Department [of Street Sanitation] to bring same from
[the premises] occupied real property or premises, and then only provided that
it shall not be found in a place inconvenient or inaccessible in the judgment
of the inspector in charge of such work. This direction from the Commissioner
may constitute a reasonable accommodation for qualified individuals with a
disability.
B. All refuse [material] offered for collection shall be divided into two (2)
classes, as follows:
(1) Class 1: combustible materials. Such materials [are defined as materials
that will readily and safely burn at the city incinerator and may be properly
disposed of there. This classification shall include garbage, paper, wood and
such other readily combustible materials which may be placed in a container
with the garbage, such container covered by a properly fitted metal cover.
This classification shall also include syringes, lancets and needles which have
been disposed of in a sealed and clearly marked container before being placed
in with other Class 1 materials brought to the curb for collection. "Garbage"
shall include all refuse of animal or vegetable matter which was intended to be
used as food for man or beast. Garbage shall be thoroughly drained or strained
and wrapped in paper and shall be kept in such tight, metal covered
containers.] may be placed in a receptacle with the garbage, such receptacle
being a tight, metal receptacles covered by a properly fitted metal cover.
(2) Class 2: incombustible materials. [Such materials are defined as materials
which will not readily or safely burn at the city incinerator and cannot
properly be disposed of at such incinerator by routine combustion methods.
This classification shall include tin cans, bottles, floor-sweepings, broken
and discarded crockery or glass, ashes, products of combustion and all other
incombustible rubbish, refuse and waste materials, except earth, sand, lumber,
brick, stone, concrete, plaster or other substances that may, accumulate as a
result of building, construction or repair operations and except night soil or
manure.] Such materials shall not be placed in the same receptacles with
combustible materials and garbage.
C. Refuse of each of the two (2) classes above specified shall be kept in
separate [containers] receptacles and not in any case mixed with refuse of any
other class. No [container] receptacle in which refuse is offered for public
collection, if cylindrical, shall be of greater capacity than thirty (30)
gallons, nor shall such [containers] receptacles, including the contents
thereof, be of greater weight than fifty (50) pounds.
D. [Rubbish] Solid waste consisting of empty boxes, crates, cartons, discarded
furniture and other unwieldy objects shall be broken up and bundled into
compact bundles.
E. In no case[s], except as hereinafter provided for ashes from a heating plant
or cases wherein an additional charge is made and received, shall there be
received at any one (1) public collection from any person offering the same any
greater quantity of solid waste arising from the operation of a [business,
manufacturing or] commercial user [establishment] than one and one-half (1-1/2)
cubic yards except that this limitation of one and one-half (1-1/2) cubic yards
per collection shall not apply to ashes or other products from combustion from
a heating plant operated principally to furnish heat as distinguished from
power plants incidental to manufacturing or industrial operations.
F. [The Commissioner of Street Sanitation shall cause to be made, not less than
one (1) collection per week of garbage, ashes and rubbish from the several
streets of the city and not more than three (3) such collections per week from
the premises devoted to business, manufacturing, commercial or institutional
uses or multifamily dwellings housing over four (4) families and shall remove
therefrom not more than one and one-half (1-1/2) cubic yards of such refuse
material from any one (1) premises during such regularly scheduled collection,
except ashes from a heating plant, unless an additional charge is made and
received therefor. Additional and extra collections may be made or greater
amounts of material may be removed from premises only under the following
conditions.] The billing for solid waste user fees is subject to audit by the
Commissioner, pursuant to the rules and regulations of the Commissioner. In
the event a fee bill is referred to an collection agency, the collection
agency's charges shall be added to the fees and interest due and owing.
G. [There shall be a charge for the removal of such refuse materials in excess
of one and one-half (1-1/2) cubic yards or in excess of ten (10) thirty-gallon
containers for each regularly scheduled collection or for the additional extra
collection only according to the weekly rate set out in Chapter 175, Fees.]
The Commissioner shall have the power to enter into separate contracts with
persons from whom any additional or extra solid waste is to be collected and
from whom charges are to be received as provided by the above schedule of
charges.
H. [The Commissioner of Street Sanitation shall designate a schedule of
additional trash and rubbish collections during the course of the year,
commencing on April 1 and ending on November 30, on a biweekly basis and shall
prepare and promulgate rules and regulations for said additional collections,
including the following:
(1) No property shall have placed in front of the same for collection an amount
of trash and rubbish exceeding four and zero-tenths (4.0) cubic yards. Any
excess over four and zero-tenths (4.0) cubic yards will not be collected. Any
owner not removing excess trash from in front of the property shall be subject
to the penalties in 137-7 herein,
(2) All trash and rubbish must be bundled in four-foot lengths or, in the
alternative, must be placed in containers. Appliances, furniture and other
similar large items must be placed in a safe manner and shall not extend onto a
public street or sidewalk. No materials placed for collection shall contain
nails, glass or other hazardous materials.
(3) Owners wishing to dispose of amounts in excess of four and zero-tenths
(4.0) cubic yards shall apply for and receive from the Department of Street
Sanitation a load-dumping permit upon payment of a permit fee as set forth in
Chapter 175, Fees. Said permit shall entitle the holder to transport said
items to the appropriate city location and to dispose of said items at that
location without charge.
(4) Only property owners who have performed remodeling without utilizing
contractors for hire shall be allowed to place debris from remodeling for
special trash collections and only in accordance with the regulations
established herein. No contractor performing any remodeling for hire shall be
allowed to place any debris from said remodeling for special trash collections.
Violation of this section shall be cause for action against the license of the
contractor as provided in this Code.] The method of receiving of such payments
and the record and audit thereof shall be as ordered and directed by the City
Comptroller. All moneys received shall be paid into a solid waste enterprise
fund.
[I. The Commissioner of Street Sanitation shall have the power to enter into
separate contracts with persons from whom such additional and extra refuse is
to be collected and from whom charges are to be received as provided by the
above schedule of charges.
J. The method of collection of such payments and the record and audit thereof
shall be as ordered and directed by the Comptroller. All moneys collected
shall be paid into the general fund.
K. The above contract schedule shall take effect as of July 1, 1971, and shall
be the only method of assessment to be employed by the Commissioner of Street
Sanitation for any additional and extra collections, and he shall enter into no
other type of contract or arrangements for additional and extra collections.]
[L] I. [Refuse material] Solid waste of a combustible nature which shall be
delivered by a [person residing in or doing business in the City of Buffalo,
except licensed refuse collection contractors] residential or commercial user,
except solid waste collectors, shall, under the direction and control of the
Commissioner of Public Works, be received and disposed of at the City disposal
plant upon payment by the [person] user delivering same at the rate as provided
in Chapter 175, Fees; and further provided that the Commissioner of Public
Works may, before accepting such [refuse] solid waste, require evidence that
the source of such [refuse material] solid waste was generated within the City
of Buffalo.
[M] J. [Refuse collection contractors] Solid waste collectors holding a City
license under [Article III of this chapter of the Code of the City of Buffalo]
Chapter 263, Licenses of this Code will be charged at the rate as provided in
Chapter 175, Fees.
[N] K. [Refuse material] Solid waste originating in the City, if of a proper
classification for dumping at a City disposal plant, shall, under the direction
and control of the Commissioner of Public Works, be received and disposed of at
City disposal plants upon payment to the City by the person delivering the
same, if other than a City department or agency, at the rate as provided in
Chapter 175, Fees; and further provided that the Commissioner of Public Works
may, before accepting such [refuse] solid waste, require evidence that the
source of such [refuse material] solid waste was within the City of Buffalo.
[O] L. All employees of the Department [of Street Sanitation] engaged in [the
work of] collecting [refuse] solid waste shall report each and every violation
of this section
[P]M. Any person violating the provisions of this section may be liable, in
addition to the general penalties, to the penalties established in Chapter 137,
Code Enforcement, Article I, of this Code.
216-16. Sale of collected materials and rummaging prohibited.
No person shall buy or receive any metal, paper, rags, bottles, wood or other
junk or discarded material of any kind from any person unauthorized to dispose
of the same who is not a solid waste collector or regulated substance collector
[engaged in the work of collecting rubbish, ashes or garbage or other refuse
under the control of the Commissioner of Street Sanitation], and no such
collector [person engaged in the work of such collection] shall sell or dispose
of any material so collected or intended to be so collected except with the
consent and in the manner prescribed by the Commissioner of Public Works. Any
[The practice of] scavenging, rummaging into or picking discarded articles or
material out of solid waste [garbage, ashes, rubbish and other refuse placed
upon the streets for collection by the city] by persons other than owner or
occupant authorized City employees or City contractors is hereby prohibited
[forbidden], and if the person so offending shall be a holder of a junk
dealer's license,' such offense shall be sufficient cause for the revocation of
[his] that license in addition to [a] any fine or other penalty for any
violation hereof.
216-17. Dumping at other than a landfill prohibited.
No person shall dispose of inert fill or waste [materials] except at a landfill
licensed [hereunder] pursuant to this Chapter and Chapter 263, Licenses, of
this Code.
216-30. Legislative determination of intent.
A. The Common Council determines that the production by business, commercial or
manufacturing establishments of offensive or noxious odors is a detriment to
the comfort, convenience, safety, health and welfare of the citizens of the
City. The Common Council determines that no reliable scientific objective
standard or test for the existence of an offensive or noxious odor exists in
present-day science or technology. The Common Council further determines that
the detriment to the comfort, convenience, safety, health and welfare of the
citizens of the City caused by [noxious or offensive] offensive or noxious
odors emanating from a business, commercial or manufacturing establishment may,
under certain circumstances, be outweighed by and made secondary to the public
benefits, in the form of jobs, increased property taxes, promotion of the
highest and best use of [land] real property and premises and natural resources
and general economic stimulation, created by such a business, commercial or
manufacturing establishment.
B. To balance the public comfort and the economic well-being of the City of
Buffalo, the Common Council hereby establishes a system for the regulation of
such establishments, the initiation of which lies with specified percentages of
within a designated area. The final determination as to operation or continuing
operation of each establishment lies with this Common Council.
C. A petition seeking control or elimination of offensive or noxious odors,
containing the dated signatures of at least twenty percent (20%) of the owners
of real property or premises within the City within the area of land contained
in the impact area. The total number of owners or occupants within the impact
area to establish the appropriate number of petition signatories may be
determined by the Division of Planning within the Department of Community
Development. The petition must state that the signatories consider the odor or
odors emanating from a business, commercial or manufacturing establishment to
be noxious or offensive. The length of time between the earliest dated and the
last dated signature must be no more than sixty (60) calendar days. A petition
regarding a specified commercial user shall be accepted by the City Clerk only
if it is filed for the first time or more than five (5) years have elapsed
between the presentation date of the petition and the action by the Council on
a prior petition involving the same establishment.
216-32 Regulated use permit.
Whenever a petition, as specified in this Article, is submitted to the City
Clerk stating that a use undertaken in an impact area is creating or has
created [noxious or offensive] offensive or noxious odors, that use may
continue without modification until the Common Council may authorize and
direct; the approval; the approval with conditions; or the denial of the
issuance of a regulated use permit pursuant to the provisions of this Article.
A. Should the Common Council deny issuance of such a regulated use permit, the
owners of such an establishment shall cause the operation of the establishment
to terminate within the number of calendar days prescribed by the Common
Council for such termination.
B. Should the Common Council determine that the use should be continued with a
condition or conditions, a regulated use Permit shall be issued upon that
condition or conditions, subject to revocation by the Common Council should the
condition or conditions not be fulfilled.
216-33. Factors in making determination.
In making a determination under 216-32 of this Article, the Common Council
shall consider the following factors and make specified findings thereon:
A. Whether the use complained of in the petition predated the [residential uses
affected] owners' affected uses (including residential uses) of their
properties.
B. The economic impact on the [establishment] commercial user and the City and
its citizens of denying the use or permit or approving it with conditions,
including jobs lost, reduction in the taxable assessment base and the like.
C. Whether the [residents'] owners' loss of comfort can be compensated for
without the termination of or modification of activities by the [establishment]
commercial user.
216-34. Hearing procedures.
When the Common Council shall determine that there appears to have been
properly filed by the appropriate minimum number of owners within the impact
area a petition or petitions as herein prescribed, the Common Council shall, by
resolution, designate a hearing or hearings to be conducted by the Council in
accordance with this section and upon notice as hereinafter provided.
A. Service of notice.
(1) A notice of the hearing to be held shall be published in a newspaper of
general circulation at least ten (10) but not less than five (5) days before
the hearing or hearings, specifying the purpose of the hearing and its date,
time and place. Such a notice shall also be required to be sent by the
ordinary mail within the same time period to each person who signed the
petitions herein at the stated address in the petition.
(2) Notice shall also be served in the ordinary mail to the [business,
commercial or manufacturing establishment] commercial user named in the
petition at the address of such establishment's. The City Clerk shall take
such other steps as the Clerk may deem necessary to assure that the
establishment, through its representative, has notice of the hearing and of the
existence of the petitions. Upon the request of such [establishment]
commercial user, through its representative or representatives, further
information shall be provided regarding the petitions, any resolution of the
Council authorizing such hearing or hearings, and the provisions of this
section. Notwithstanding the foregoing, if the [establishment] commercial
user, through its representative or representatives, shall request the Common
Council, through its President or any member, to recess the hearing for the
purpose of preparing a presentation to the Council, then such a recess shall be
granted to another day not more than one (1) month from the first hearing date.
B. Conduct of the hearing. During the course of the hearing or hearings,
persons so notified shall be offered the opportunity to present testimony and
evidence regarding the odor or odors emanating from the establishment and to
cross-examine witnesses so testifying. Such testimony shall be recorded and a
transcript made available free of charge to anyone who testifies. At the
conclusion of the hearing or hearings, the findings, determinations and
recommendations based on the evidence received shall be reported to the Common
Council for consideration at its next regularly scheduled meeting. Such report
shall include, among other items, a determination as to whether the odor or
odors emanating from the establishment are [noxious or offensive] offensive or
noxious. If such a determination is made in the affirmative, the report shall
recommend to the Council what action, if any, the Council should take pursuant
to this section, including the issuance of a regulated use permit.
216-37. Remedies; action for permanent injunction.
Whenever the Common Council has determined by resolution, pursuant to Section
32 of the Charter of the City of Buffalo, that the operation of an
establishment shall terminate within a number of calendar days and the
operation is not terminated within that number of days, or when the Common
Council by resolution, pursuant to Section 32 of the Charter of the City of
Buffalo, has determined that a regulated use permit issued in accordance with
the provisions of this section should be revoked, the Corporation Counsel shall
bring and maintain a civil proceeding in the name of the City, in the Supreme
Court of the County of Erie, for a judgment permanently enjoining the operation
of the establishment from which [noxious or offensive] offensive or noxious
odors emanate. The existence of an adequate remedy at law shall not prevent
the granting of permanent injunctive relief pursuant to this Article.
A. With respect to any action commenced or to be commenced pursuant to this
Chapter, the Corporation Counsel shall file a notice of pendency pursuant to
the provisions of Article 65 of the Civil Practice Law and Rules.
B. The person [or other legal entity] in whose name the real [estate] property
affected by the action is recorded in the office of the Erie County Clerk shall
be presumed to be the owner thereof.
C. Whenever there is evidence that a person was the manager, operator or
supervisor or in any other way in charge of the real property or premises at
the time that [noxious or offensive] offensive or noxious odors are emanated,
such evidence shall be presumptive that he or she was an agent or employee of
the owner or lessee of the establishment.
D. A judgment awarding a permanent injunction pursuant to this Article may
direct the Sheriff of Erie County to seize and remove from the establishment
all material, equipment and instrumentalities used in the process which
produces [noxious or offensive] offensive or noxious odors and shall direct
the sale by the Sheriff of such property in the manner provided for the sale of
personal property under execution pursuant to the provisions of the Civil
Practice Law and Rules. The net proceeds of any such sale, after a deduction
of the lawful expenses involved, shall be paid into the general fund of the
City.
E. A judgment awarding a permanent injunction pursuant to this Article shall
direct the closing of the establishment by the Sheriff to the extent necessary
to abate the noxious or offensive odors and shall direct the Sheriff to post a
copy of the judgment and a printed notice of such closing. A closing by the
Sheriff pursuant to the provisions of this subsection E shall not constitute an
act of possession, ownership or control by the Sheriff of the closed real
property or premises.
216-38. Legislative determination of intent.
The reduction of the amount of solid waste and the conservation of recyclable
materials are important public concerns. The separation and collection of
[newspaper] newsprint, paper, cardboard, glass, [cans] aluminum containers,
metal cans, plastic containers, vegetative yard waste and other materials for
recycling from residential[,] and commercial[, industrial and institutional
establishments] users in the City will protect and enhance the City's physical
and visual environment [as well as promote the health, safety and well-being of
persons and property within the city by minimizing the potential adverse
effects of landfilling through reduction of the need for landfills and
conservation of existing landfill capacity, facilitating the implementation and
operation of other forms of solid waste management, conserving natural
resources and ensuring conformance with the New York State Solid Waste
Management Plan]. Such source separation and collection of recyclables will
promote the health, safety and well-being of persons and property within the
City by minimizing the potential adverse effects of overusing landfill through
reduction of the need for landfills and conservation of existing landfill
capacity, facilitating the implementation and operation of other forms of solid
waste management, conserving natural resources and ensuring conformance with
the New York State Solid Waste Management Plan. The promotion and use of
recyclable materials, goods produced from recyclable materials and goods which
facilitate recycling will further serve the same purposes.
216-40. Requirements applicable to source separation and collection of
designated recyclables for the curbline program.
All designated recyclables placed for collection at the [curbside] curbline, or
other location, by residents for collection pursuant to the this Chapter shall
be prepared for collection in accordance with regulations promulgated by the
Commissioner.
216-41. [Establishment of private collection program for multiresidential
complexes.]
Reserved.
216-42. [Requirements applicable to source separation and placement of
designated recyclables in recycling collection areas.
Designated recyclables required to be placed in recycling collection areas
pursuant to 216-41 of this Article shall be prepared for collection in
accordance with regulations promulgated by the Commissioner.]
Reserved.
216-43. Mandatory commercial[, industrial and institutional) users source
separation program.
A. All commercial[, industrial and institutional establishments] users within
the [area of the] City shall source-separate and arrange for the collection for
recycling of recyclables as may be included in or added to such [curbside)
curbline program.
B. Designated recyclables for the mandatory commercial[, industrial and
institutional] user source separation program shall consist of the following:
(1) [Newspaper] Newsprint.
(2) [High grade paper, including but not limited to white letterhead paper,
white bond paper, white typing paper, white copier paper, white note pad paper,
white writing paper, white envelopes without glassine windows, other nonglossy
white office paper without plastic, computer printout paper, computer tab cards
and white onion skin paper.] Paper.
(3) Magazines[ and catalogs].
(4) [Corrugated ] Cardboard.
(5) Glass [containers], plastic containers [and cans], aluminum containers, and
metal cans generated by food and beverage service establishments.
(6) Vegetative yard waste.
[(7) Construction/demolition debris.
(8) Large appliances.]
[(9)](7) Wood waste.
[(10) Tires.]
[(11)](8) Other recyclable materials as designated by resolution of the [city]
Common Council or by the Commissioner's regulations promulgated under this
Chapter at all times thirty (30) days after said designation and publication of
notice in an official newspaper of the City or a newspaper of general
circulation within the City.
C. In any area designated by the Commissioner, there is also established a
program for the source separation, collection and delivery of recyclable
material included in the curbline program from occupants of multiresidential
complexes.
D. The owner, manager or superintendent of every multiresidential complex
subject to Subsection A above shall provide and maintain, in a neat and
sanitary condition, recycling collection areas to receive recyclables included
in the curbline program which are generated by residents of the complex. In
cases where a condominium, cooperative, homeowner or similar association
exists, the association shall be responsible for provision and maintenance of
the recycling collection areas.
E. Once the recycling collection areas for a particular multiresidential
complex have been constructed and are capable of receiving recyclables as may
be included in or added to the curbline program, occupants of such complex
shall source separate such materials by placing them in the appropriate
receptacles or areas within the collection area, except qualified individuals
with a disability may source separate.
F. Designated recyclables required to be placed inrecycling collection areas
shall be prepared for collection in accordance wit the regulations promulgated
by the Commissioner.
[C]G. The arrangement for collection of designated recyclables shall be the
responsibility of the [person who owns, manages or operates the commercial,
industrial or institutional establishment at which the recyclables are
generated ("generator") commercial user or the agent or person contractually
obligated to the [generator] commercial user to arrange for collection and
disposal of its solid waste. The City reserves the right to collect recyclable
materials.
216-44. Special provision regarding vegetative yard waste.
Nothing in this Article shall be construed as preventing any person from
utilizing vegetative yard waste for compost, mulch or other agricultural,
horticultural, [silvicultural] forestry, gardening or landscaping purposes.
216-45. Enforcement; rules and regulations.
The [Department of Street Sanitation/Public Works] Departments of Street
Sanitation and Public Works [is] are authorized to enforce the provisions of
this Article and to administer the [recycling] curbline program established
herein. The respective Commissioners of said Departments may adopt and
promulgate, amend and repeal rules and regulations implementing this Article in
order to carry out and effectuate the intent and purposes thereof.
216-46. Unlawful activities.
A. It shall be unlawful for:
(1) Any person, other than those persons so authorized, to collect or scavenge
any designated recyclable which has been placed at the [roadside] street or
curbline for collection or within a recycling collection area pursuant to this
Article.
(2) Any person to violate or to cause or assist in the violation of any
provision of this Article or any implementing rule or regulation promulgated by
the Commissioner.
(3) Any person to place or to cause to be placed any material other than a
designated recyclable in or near a recycling collection area.
B. All unlawful conduct set forth in this section shall constitute a violation.
216-47. [Noncollection of solid waste contaminated by designated recyclables.]
Solid waste not source-separated.
The Department [of Street Sanitation] may [refuse] decline to collect solid
waste from any person who has clearly failed to source-separate recyclables
designated under an applicable section of this Article.
216-48. Noninterference with existing contracts.
A. Nothing contained in this Article shall be construed to interfere with or in
any way modify the provisions of any existing contract in force in the City on
the effective date of this Article.
B. No renewal of any existing contract upon the expiration of the original term
thereof and no new contract for the collection, transportation, processing or
purchase of solid waste shall be entered into after the effective date of this
Article, unless renewal of such contract shall conform to the requirements of
this Article.
216-49. Reporting requirements.
A. All [permit holders (collection businesses)] solid waste collectors must
submit quarterly reports on the tonnages of material collected to be recycled
and the tonnages of materials collected for disposal from within the City of
Buffalo.
B. All commercial[, industrial and, institutional] users within the City of
Buffalo shall submit quarterly reports for all material reused and/or recycled
from their businesses that are in addition to the City's list of
source-separated material.
C. All reports are to be submitted to the Commissioners of Public Works and
Street Sanitation.
216-50. Penalties.
Any person who engages in unlawful conduct as defined in this Article may, upon
conviction thereof in a proceeding before a court of competent jurisdiction, be
sentenced to imprisonment for a term of fifteen (15) days or to a term of
community service related to the purposes of this Article or to pay a fine of
not more than two hundred fifty dollars ($250.00) and not less than twenty-five
dollars ($25.00), or any combination of the above penalties.
216-51. Injunction; concurrent remedies.
A. In addition to any other remedy provided herein, the City of Buffalo may
institute a suit in equity where unlawful conduct exists for an injunction to
restrain a violation of this Article.
B. The penalties and remedies prescribed by this Article shall be deemed
concurrent. The existence or exercise of any remedy shall not prevent the City
from exercising any other remedy provided herein or otherwise provided at law
or equity.
C. The terms and provisions of this Article are to be liberally construed so as
best to achieve and effectuate the goals and purposes hereof.
That Sections 216-7, 216-19 through 216-29, 216-31, 216-39, 216-41, 216-52 and
216-53 of the Code of the City of Buffalo be repealed.
That Chapter 216 of the Code of the City of Buffalo be amended to add a new
Article XI, Legislative Intent, to read as follows:
216-54. Legislative findings and intent.
ARTICLE XI
LEGISLATIVE INTENT
216-54. Legislative findings and intent.
It is the purpose of this Chapter to provide for the protection of the public
health, safety and general welfare of the people of the City of Buffalo,
pursuant to the City's home rule powers for governing its property, affairs and
governance, for protecting and enhancing its physical and visual environment,
and for making local improvements, by establishing rules and regulations
governing the generation, separation, storage, collection, transportation,
processing, and disposal of solid waste within the City limits in accordance
with applicable federal, state, and local laws, ordinances and resolutions of
the Common Council.
That Chapter 216 of the Code of the City of Buffalo be amended to add a new
Article XII, Solid Waste Collection and User Fees, to read as follows:
216-55. Public collection of residential solid waste.
216-56. Public collection of commercial solid waste.
216-57. Solid Waste Enterprise Fund.
ARTICLE XII
SOLID WASTE COLLECTION AND USER FEES
216-55. Public collection of residential solid waste.
A. Residential solid waste shall be stored and prepared for collection by
owners and occupants in accordance with the provisions of this Chapter. The
Commissioner may promulgate regulations covering the items of collection of
solid waste and the fees charged therefor, and such other matters pertaining to
the public collection and disposal of solid waste as he or she may deem
necessary, provided that such regulations are not contrary to the provisions
herein.
B. No person, except City employees in the performance of their official duties
and City contractors, shall engage in the collection of residential solid
waste. No person shall buy or receive any metal, paper, rags, bottles, wood or
other discarded material of any kind from any person unauthorized to dispose of
the same who is engaged in the work of collecting solid waste under the control
of the Commissioner, and no such person engaged in the work of such collection
shall sell or dispose of any material so collected or intended to be so
collected except with the consent and in the manner prescribed by the
Commissioner of Public Works.
C. No solid waste collector or regulated substance collector shall collect
residential solid waste unless authorized by the Commissioner.
D. The Department may collect residential solid waste originating in the City
as defined by this Chapter. Such public collection may be made at a frequency
determined by the Commissioner to be necessary consistent with the public
health, safety and general welfare. User fees shall be charged consistent with
the frequency of collection.
E. The Commissioner may cause to be made not less than one (1) collection per
week of solid waste from the several streets of the City and not more than
three (3) such collections per week from, unless prevented by occurrence or
occurrences beyond the City's control, including, but not limited to, a
disaster, labor disturbance or strike, act of God, act of war, civil
disturbance, blizzard, or explosion. The Commissioner shall remove therefrom
not more than one and one-half (1-1/2) cubic yards of such solid waste from any
one (1) real property or premises during such regularly scheduled public
collection, except ashes from a heating plant, unless an additional charge is
made and received therefor. Additional and extra collections may be made or
greater amounts of material may be collected from real property or premises
only under the following conditions.
F. There shall be a charge for the public collection of such solid waste in
excess of one and one-half (1-1/2) cubic yards or in excess of ten (10)
thirty-gallon receptacles per unit for each regularly scheduled public
collection or for an additional and extra collection only according to the
weekly rate set out in Chapter 175, Fees, in this Code.
G. The Commissioner shall designate a schedule of additional public solid waste
collections during the course of the year, commencing on April 1 and ending on
November 30, on a biweekly basis and shall prepare and promulgate rules and
regulations for said additional public collections, including the following:
(1) No owner or occupant shall have placed in the curbline of the same for
public collection an amount of solid waste exceeding four and zero-tenths,
(4.0) cubic yards. Any excess over four and zero-tenths (4.0) cubic yards will
not be collected. Any owner or occupant not removing excess solid waste from
in front of the premises or real property shall be subject to the penalties in
137-7 of this Code.
(2) All solid waste must be bundled in four-foot lengths or, in the
alternative, must be placed in receptacles. Bulk solid waste and other similar
large items must be placed in a safe manner and shall not extend onto a public
street or sidewalk. No materials placed for public collection shall contain
nails, glass, hazardous waste, or regulated materials.
(3) Owners or occupants wishing to dispose of amounts of solid waste in excess
of four and zero-tenths (4.0) cubic yards shall apply for and receive from the
Department a load-dumping permit upon payment of a permit fee as set forth in
Chapter 175, Fees, of this Code. Said permit shall entitle the holder to
transport said items to the appropriate City location and to dispose of said
items at that location without charge.
(4) The Department shall not collect or dispose of construction/demolition
debris. No contractor performing any remodeling for hire shall be allowed to
place any debris from said remodeling for public collection. Violation this
section shall be cause for action against the license of the contractor as
provided in this Chapter and this Code.
H. The residential user solid waste fees are established as provided in Chapter
175, Fees, of this Code. The billing of such user fees shall be subject to
audit by the Commissioner pursuant to the Commissioner's regulations.
216-56. Public collection of commercial solid waste.
The City shall collect commercial solid waste, including recyclables, pursuant
to Article 15 of the Charter of the City of Buffalo.
The user fees for public collection and disposal of commercial solid waste
shall be determined by the Commissioner pursuant to the Article 15 of the
Charter of the City of Buffalo. The billing of such user fees shall be subject
to audit by the Commissioner pursuant to the Commissioner's regulations.
216-57. Solid Waste Enterprise Fund.
The Comptroller shall establish and maintain a separate accounting fund to
record and control the financial activity related to the collection and
disposal by the City of refuse, recyclable and other solid waste materials as
designated by the Commissioner. This fund shall be separate and distinct from
the City's general fund. This fund shall be maintained on the same fiscal year
as that of the City. Each year the Mayor, at the time of the submission of the
annual budget estimate to the Common Council, shall submit a statement of
estimated revenues, expenditures and changes in the fund as well as the fund
balance for the current fiscal year, together with an estimate of expenditures
for the next fiscal year. The Mayor (with consultation with the Commissioner)
shall also, at the same time, recommend basic residential and commercial rates
sufficient to meet the estimated surplus or deficit accruing from the fund
operations in the current year and other sources of revenues.
That Chapter 216 of the Code of the City of Buffalo be amended to add a new
Article XIII, General, to read as follows:
216-58. Construction.
216-59. Severability.
216-60. Owner responsibilities,
216-61. Solid Waste Advisory Committee.
216-62. Public receptacles; receptacles for events.
216-63. Penalties.
216-64. Alternate methods of enforcement.
216-65. Repealer.
ARTICLE XIII
GENERAL
216-58. Construction.
The terms and provisions of this Chapter are to be liberally construed so as
best to achieve and effectuate the goals and purposes hereof.
216-59. Severability.
The provisions of this Chapter are severable. If any provision of this Chapter
or its application to any person or circumstances is held invalid, said
invalidity shall not affect any other provision or application which can be
given effect without the invalid provision or application of the Chapter.
216-60. Owner responsibilities.
Owners of real property or premises shall be responsible for compliance with
provisions of this Chapter and shall remain responsible therefor regardless of
the fact that this Chapter may also place certain responsibilities on occupants
and regardless of any agreements between owners and occupants as to which party
shall assume responsibility.
216-61. Solid Waste Advisory Committee.
A. Purpose.
There is hereby created the solid waste advisory committee, which shall advise
the Commissioner on policies regarding the City's collection and disposal of
solid waste and recycling.
B. Composition, Term, and Removal.
The solid waste advisory committee shall consist of eleven (11) members: the
Commissioner, serving as chair of the committee; five (5) qualified electors of
the City of Buffalo appointed by the Mayor; the chairperson of the finance
committee of the Common Council; three (3) qualified electors of the City of
Buffalo appointed by the Common Council and the City Comptroller or designee.
Subject to the confirmation by the Council, the Mayor shall appoint five (5)
qualified electors of the City of Buffalo to the solid waste advisory
committee. Of the appointed members, two (2) of the mayoral appointees shall
be appointed for a term of one year, three (3) of the Common Council appointees
shall be appointed for a term of two years, and three (3) mayoral appointees
shall be appointed for a term of three years. At the expiration of each term,
the term of the office of each successor shall be three years. Officials on
the committee serve concurrently with their term of office. Vacancies in the
committee shall be likewise filled for the unexpired portion of such term by
the respective appointing authority. The appointing authority may at any time
remove any member it appoints for reasons stated in writing after an
opportunity has been afforded such member to be heard. The members of the
committee shall serve without compensation and such City officials appointed to
the committee shall serve without additional compensation.
C. Powers and Duties of the Committee.
The solid waste advisory committee shall have the following powers and duties:
(1) To assist the Department in developing policies regarding collection and
disposal of solid waste; and
(2) To make recommendations, on its own motion, to the Commissioner as to
policies, plans, programs or projects for the development, maintenance and
improvement of solid waste collection and disposal and recycling policies in
the City.
216-62. Public receptacles; receptacles for events.
A. Receptacles provided by the City and placed in streets, public parks or
other public places shall be used only for deposit of solid waste generated on
the street by pedestrians and motorists or generated by persons using the
public parks or other public places. The placing into such receptacles of
solid waste originating from residential or commercial users constitute illegal
dumping and is prohibited by 216-9 of this Chapter.
B. Receptacles provided by the City for events, special events pursuant to
Chapter 414, Special Events, of this Code, or projects shall be used only for
deposit of solid waste generated at such event, special event or project. The
placing into such receptacles of solid waste originating from residential or
commercial users constitutes illegal dumping prohibited by 216-9 of this
Chapter.
C. Usage fees, including any tipping costs, for the use of City furnished
receptacles shall be as provided in Chapter 175, Fees, of this Code.
216-63. Penalties.
Unless provided for otherwise in this Chapter, any person convicted of illegal
dumping or any other unlawful activity as defined in this Chapter within the
City of Buffalo, shall be subject to a fine as prescribed in Chapter 137, Code
Enforcement, Article I, of this Code.
216-64. Alternate methods of enforcement.
As an alternative to or in addition to the penalties under this Chapter, as
well as those from other laws, ordinances, rules and regulations regarding
solid waste collection and disposal and Chapter 341, Property Management, of
this Code, the Commissioner may, at his or her discretion, direct City
employees or City contractors to collect and to dispose of solid waste which
has been improperly prepared, stored or disposed of as required by the
provisions and standards of this Chapter. The Commissioner shall have the
right to establish by regulation appropriate fees for such services at the cost
for providing those services. The Commissioner shall promptly bill the owner
or occupant for such services, and such fees shall be a lien upon real property
from the first day the fees become payable. Fees remaining unpaid for ten (10)
days after billing will be added to the real property tax bill, as well as any
costs, disbursements, collection charges and interest incurred in collecting
these fees.
216-65. Repealer.
All provisions of any other ordinance or resolution of the Common Council which
are inconsistent with the provisions of this Chapter are hereby repealed.
That Chapter 216 of the Code of the City of Buffalo be amended to add a new
Article XIV, Definitions, to read as follows:
216-66. Definitions.
ARTICLE XIV
DEFINITIONS
216-66. Definitions
The following terms and words, when used in this Chapter and in Article 15 of
the Charter of the City of Buffalo, shall have the meaning and effect as
follows:
ABANDON--To dispose of, burn, or store an accumulation of solid waste.
AGENT--A person authorized by another to act for the other person. This term
includes, but is not limited to, business representative, servant, employee, or
a person under another's control.
ALUMINUM CONTAINERS--Aluminum products and containers fabricated primarily of
aluminum and commonly used for beverages or other food products. This term
does not include regulated materials.
ASHES--The residue of the combustion of solid fuels.
BOXBOARD--Wood pulp-based material which is usually smooth on both sides but
with no corrugated center. This term does not include materials with wax
coating or regulated materials.
BULK SOLID WASTE--Solid waste which is too large or too heavy to place in a
plastic bag or receptacle. This term includes discarded small household
furniture, bedding and mattresses, tree trimmings, hedge trimmings, hot water
tanks, televisions and other bulk household material not specifically
prohibited by this Chapter or by the rules and regulations of the Commissioner.
This term does not include regulated materials.
CARDBOARD--Wood pulp-based material which is not specifically prohibited by
this Chapter and is normally used for packing, mailing, shipping, or
containerizing goods, merchandise or other material. This term does not
include wax-coated or cardboard soiled by substances such as oil, food, waste,
or regulated materials.
COMBUSTIBLE MATERIAL--Material which is apt to catch fire, capable of burning,
or that will readily and safely burn in an incinerator and may be properly
disposed of there. This term includes garbage, paper and wood.
COMMERCIAL SOLID WASTE--All solid waste which is generated by, originating in
or around a commercial user. This term does not include regulated waste.
COMMERCIAL USER--Any person who owns or occupies a parcel of land in the City
of Buffalo which is designed for or occupied by the use other than a one-,
two-, or three-family residential use. This term includes, but is not limited
to, multiresidential complex, government properties, institutional properties,
industrial properties, vacant lots and parking lots.
COMMERCIAL USER COLLECTION PROGRAM--Any recycling program for commercial users
other than the multiresidential complex program.
COMMISSIONER--The Commissioner of Street Sanitation unless otherwise specified
herein.
CONSTRUCTION/DEMOLITION DEBRIS--Material resulting from the construction,
excavation, renovation, equipping, remodeling, repair and demolition of
structures, property and roads; and material consisting of vegetation resulting
from land clearing and grubbing, utility line maintenance and seasonal and
storm-related cleanup. This term includes, but is not limited to bricks,
concrete and other masonry materials, soil, rock, wood, wall coverings,
plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles
asphaltic pavement, glass, plastics, electrical wiring and components,
carpeting, foam padding linoleum and metals that are incidental to
construction, excavation, renovation, equipping, remodeling, repair or
demolition.
CONTAMINANT--Any physical, chemical, biological or radiological substance or
matter that makes impure, infects, corrupts or otherwise contaminates another
substance or the environment.
CORRUGATED CARDBOARD--Any cardboard which is usually smooth on both sides with
a corrugated center and commonly used for boxes. This term does not include
material with wax coating or regulated materials.
CURBLINE--The area between the sidewalk and the street curb, used for deposit
of solid waste for collection pursuant to this Chapter.
CURBLINE PROGRAM--Recycling programs pursuant to this Chapter and regulations
thereunder for source separation of recyclable and other solid waste for
collection, and the collection and disposal of the separated recyclables and
other solid waste. This term includes, but is not limited to, residential user
collection, multiresidential complex collection, and commercial user collection
programs.
DEAD ANIMALS--Animal carcasses or parts thereof, animals, or parts thereof,
that have died which are not otherwise hazardous, infectious, regulated medical
waste or regulated materials. This term does not include the following: animal
carcasses or parts thereof from slaughterhouses; animal carcasses or parts
thereof specifically prohibited by this Chapter, rule or regulation of the
Commissioner, or other law; bodies of human beings or parts thereof.
DEPARTMENT--The Department of Street Sanitation unless otherwise specified
herein.
DISCARD--To abandon or recycle.
DISCARDED MATERIAL--All material which is abandoned, recycled or inherently
waste-like.
DISPOSAL--Any abandonment, discharge, deposit, injection, dumping, spilling,
leaking or placing of any solid waste into or on any land or water so that such
waste may enter the environment or be emitted into the air or discharged into
any waters, including groundwaters. This term includes the thermal destruction
of solid waste and the burning of such waste as fuel for the purpose of
recovering useable energy.
DUMPING--To place, deposit, leave, litter, throw, cast or otherwise dump waste.
DWELLING UNIT--One or more rooms, in a building or portion thereof designed or
used exclusively as the residence or sleeping place of one or more persons,
designed for occupancy by one (1) family for cooking, living and sleeping
purposes, as defined in Chapter 511, Zoning, of this Code.
ENVIRONMENT--Any water, water vapor, land surface or subsurface air, fish,
wildlife, biota and other natural resources.
ENVIRONMENTAL LAW--Any and all statutes, laws, ordinances, rules regulations,
permits, licenses, orders and/or directives of any governmental agency, now or
hereafter in effect, relating to the protection of the environment or governing
or regulating the use, storage, treatment, generation, transportation,
processing, handling, abandoning, production or disposal of, or release of any
chemical, substance, waste, or pollutant.
ESTABLISHMENT--Any commercial, manufacturing or industrial operation conducted
on real property or premises.
EXPLOSIVE MATERIAL--Any solid or liquid substance which acts by chemical
reaction to liberate at high speed heat and gas, and create tremendous
pressure. An explosive substance, especially one used to produce an explosive
effect.
FAMILY--One or more persons living together in one dwelling unit and
maintaining a common household, including domestic servants and gratuitous
guests, together with boarders, roomers or lodgers not in excess of the number
allowed by Chapter 511, Zoning, of this Code as an accessory use.
FILL MATERIAL--Any material, including (but not limited to) earth, rocks and
gravel, which is used for filling a hole, depression or landfill.
FLOODWAYS--A channel provided for the excess flow of a stream.
GARBAGE--Any putrescible animal and vegetable wastes, kitchen refuse or table
scraps resulting from the handling, preparation, cooking and consumption of
food. This term does not include regulated materials.
GENERAL FUND--An account for all financial resources of the City of Buffalo
except those required to be accounted for in another fund, including an
enterprise fund.
GENERATION--Any act or process of bringing into being, origination, or
production of waste.
GLASS--New and used glass food and beverage containers and have been rinsed,
and are free of food contamination. This term includes clear (flint), green
and brown (amber) colored glass bottles. This term does not include ceramics,
plate glass, auto glass, Pyrex, leaded glass, mirrored glass or flat glass, or
regulated materials.
GOVERNMENTAL AGENCY--Any federal, state, local or foreign government, political
subdivision, municipality, court, department, agency or other entity, body,
organization or group exercising any executive, legislative, quasi-judicial,
regulatory or administrative function of government.
GRUBBING--The process of clearing ground of roots and stumps by digging them
up, clearing real property by digging or breaking up the soil.
HAZARDOUS MATERIALS--Any material which is designated by the Commissioner or
another governmental agency, and which, when transported in commerce in a
particular amount and form, may pose an unreasonable risk to health and safety
or property. This term includes, but is not limited to, explosive materials,
radioactive material, etiologic agent, flammable or combustible liquid or
solid, poison, oxidizing or corrosive material and compressed gas.
HAZARDOUS WASTE--Any waste, or a combination of wastes, which, because of its
quantity, concentration or physical, chemical or infectious characteristics,
may cause or significantly contribute to an increase in mortality or an
increase in serious irreversible or incapacitating reversible illness or may
pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported or disposed of or
otherwise managed. This term includes, but is not limited to, explosive
materials, high-level or low-level radioactive materials, toxic substances,
solid waste generated from the treatment, storage or disposal of hazardous
waste, and those substances which the Commissioner of Public Works or other
governmental agencies has identified as a hazardous waste pursuant to the above
criteria and has included on a list of hazardous waste promulgated by the
Department of Public Works or other governmental agency.
HEALTH COMMISSIONER--The County Health Commissioner of the County Department of
Health, as defined in 1-14 of this Code.
HIGH-GRADE PAPER--Any high-quality paper including, but is not limited to,
letterhead paper, and colored bond paper, typing paper, copier paper, note pad
paper, writing paper, envelopes without glassine windows, other nonglossy
office paper without plastic, computer printer paper, computer printout paper,
computer tab cards, onion skin paper, and other high-quality paper. This term
does not include wax paper, plastic or foil-coated paper, styrofoam, wax-coated
food and beverage containers, carbon paper, blueprint paper, cardboard, or
paper which has been contaminated by food, or soiled by any substance other
than water, or regulated material.
HIGH-LEVEL RADIOACTIVE MATERIALS--Any highly radioactive material resulting
from the reprocessing of spent nuclear material, including, but not limited to,
liquid waste produced directly in reprocessing, any solid material derived from
such liquid waste that contains fission products in sufficient concentrations,
and other highly radioactive material.
IMPACT AREA--The area within a circumference of a quarter-mile radius from the
point or points of emission of an odor from a commercial user. To qualify as
an "impact area," at least twenty percent (20%) of the area within the circle
drawn must include land designated for a residential use by Chapter 511,
Zoning, Articles IV through and including VIII of this Code.
INCOMBUSTIBLE MATERIAL--Any material which is not apt to catch fire, not
capable of burning, or can not properly be disposed of in an incinerator by
routine combustion methods. This term includes metal cans, bottles,
floor-sweepings, broken and discarded crockery or glass, ashes, products of
combustion and all other incombustible solid waste. This term does not include
earth, sand, lumber, brick, stone, concrete, plaster or other substances that
may accumulate as a result of building, construction or repair operations and
manure.
INDUSTRIAL WASTE--Regulated material which are generated by, or originates in
and around industrial processes and manufacturing operations or, occurs as a
result of any industrial activity. This term includes, but is not limited to,
solids such as solidified chemicals, paints or pigments, the end or by-products
of incineration ash, foundry sand, dredge spoil; contained gaseous materials;
hazardous waste; and any liquid, sludge, septage, solid, semisolid substance or
contained gaseous material in which any of the foregoing is intermixed or
absorbed, or onto which any of the foregoing is adhered. This term does not
include refuse originating from the commercial user's office operations,
vegetative yard waste resulting from tree or landscaping services.
INFECTIOUS AGENTS--Organisms which cause disease or have an adverse health
impact on human beings or animals.
INFECTIOUS WASTE--Any waste which has been exposed to, or is comprised of
infectious agents and must, therefore, be isolated as required environmental
law or by governmental agencies. This term includes, but is not limited to,
equipment, instruments, utensils, and fomites (any substance that may harbor or
transmit pathogenic organisms) of a disposable nature from the rooms of
patients who are suspected to have or have been diagnosed as having a
communicable disease; laboratory wastes, such as pathological specimens (e.g.,
all tissues, specimens of blood elements, excreta, and secretions obtained from
patients or laboratory animals) and disposable fomites attendant thereto;
surgical operating room pathologic specimens and disposable fomites attendant
thereto; as well as similar disposable materials generated by organizations
such as medical institutions, dental institutions, biological research
organizations, laboratories and hospitals.
INSTITUTIONAL SOLID WASTE--All solid waste which is generated by, or originated
in and around educational, healthcare, correctional, hospitals, public,
charitable, philanthropic, religious institutions, and other institutional
facilities. This term does not include regulated materials.
JUNK DEALER--Any person and any principal, employee, agent or servant thereof
engaged in, conducting, managing or carrying on the business of buying, selling
or otherwise dealing in, either at wholesale or retail, any used or second-hand
materials of any kind, including, but not limited to, rags, paper, rubbish,
bottles, glassware, bags, cloth, rubber, iron, brass or copper, as defined in
Chapter 254, Junk Dealers and Pawnbrokers, of this Code.
LAND CLEARING--The Act or process of removing obstructions from the surface and
subsurface of real property.
LANDFILL--Any disposal facility or part of a facility where solid waste is
placed in or on land, and which is not a land treatment facility, a surface
impoundment, or an injection well.
LARGE APPLIANCES--Discarded machine or device for performing a specific task,
such as stoves, refrigerators, dishwashers, dryers, washing machines, water
heaters and other large appliances and scrap metal. This term does not include
air conditioners, microwave emitting equipment, microwave ovens, and
televisions and regulated materials.
LITTER--To throw, dump, deposit, place, or cause to be thrown, dumped, placed,
or deposited, any waste,
LOW-LEVEL RADIOACTIVE WASTE--Any radioactive material classified by the Nuclear
Regulatory Commission as low-level radioactive waste.
MAGAZINES--Glossy paper products not specifically prohibited by this Chapter or
the Commissioner. This term includes glossy catalogs and other glossy paper.
This term does not include regulated materials.
MARSH OR WETLAND AREA--Any real property which may be permanently, temporarily
or intermittently covered with fresh or salt-water and commonly referred to as
flood basins or flats, meadows, shrub swamps, wooded swamps, swamps or bogs.
METAL CANS--Containers fabricated primarily of steel or tin or bi-metal cans of
steel, tin and/or aluminum. This term does not include aluminum containers or
regulated materials.
MULTIRESIDENTIAL COMPLEX--Four (4) or more dwelling units located on a single
property or continuous properties under common ownership, control or
management. The term includes, but is not limited to, an apartment,
condominium unit, townhouse cooperative unit, mobile home, living unit in a
group home and room or set of rooms in a boarding house. The term does not
include rooms within an one-family dwelling, motel or hotel.
MULTIRESIDENTIAL COMPLEX COLLECTION PROGRAM--Any recycling program for source
separation, collection and disposal of recyclabe materials from occupants of
multiresidential complexes, in an area designated by the Commissioner.
NEW YORK STATE SOLID WASTE MANAGEMENT PLAN--A plan adopted, pursuant to New
York State Environmental Conservation Law 27-0101 et seq., establishing a scale
of state priorities for solid waste management.
NEWSPRINT--Common, inexpensive machine finished paper made chiefly from wood
pulp and mostly used for newspapers. This term includes, but is not limited
to, newspapers, newspaper advertisements, supplement, comics, paperback books,
and inserts. This term does not include magazines or regulated materials.
OCCUPANT--Any person who owns, controls, resides, rents, or otherwise occupies
real property or premises.
OFFENSIVE OR NOXIOUS ODOR- The minimum concentration of odor required to give
the first sensation of fetid or noisome odor to a person of average odor
sensitivity.
ONE-FAMILY DWELLING--A building containing one (1) dwelling unit and designed
or used exclusively for occupancy by one (1) family, as defined in Chapter 511,
Zoning, of this Code.
OWNER--Any owner of real property or premises within the City or another person
who has agreed to be the owner's agent.
PAPER--All high-grade paper, fine paper, bond paper, office paper, xerographic
paper, mimeo paper, duplication paper, magazines, paperback books, school
paper, catalogs, junk mail, computer paper, telephone books and similar
cellulosic material. This term does not include newsprint, wax paper, plastic
or foil-coated paper, styrofoam, wax-coated food and beverage containers,
carbon paper, blueprint paper, cardboard, paper which is contaminated by food,
soiled by any substance or material other than water, or regulated materials.
PATRON USE--Any enjoyment of the commercial user's real property or premises by
a customer or client of that commercial user or the occupant of commercial
property.
PERSON--Any individual, firm, partnership, commission, company, corporation,
association, joint venture, cooperative enterprise, trust, estate, governmental
agency or any other legal entity or any group of such persons which is
recognized by law as the subject of rights and duties. In any provision of
this Chapter prescribing a fine, penalty or imprisonment, the term "Person"
shall include the officers, directors, partners, managers, trustees, agents or
persons in charge of a firm, partnership, commission, company, corporation,
association, joint venture, cooperative enterprise, trust, estate, or
governmental agency or other legal entity having officers, directors, partners,
managers, trustees, agents or other persons in charge.
PEST--Any plant or animal detrimental to humans or to their interests. This
term includes, but is not limited to, rats and pigeons.
PETITION- Any document seeking public redress, in the form prescribed by the
City Clerk, including any required number of dated signatures.
PETROLEUM--Oily, flammable liquid solution of hydrocarbons. Petroleum-based
oils of any kind which have been refined, re-refined, or otherwise processed
for the purpose of being burned as a fuel to produce heat or usable energy; or
which are suitable for use as a motor fuel or lubricant in the operation or
maintenance of an engine.
PLASTIC CONTAINERS--Containers composed of high-density polyethylene (HDPE),
low-density polyethylene (LDPE), polystyrene and polyethylene terephthalate
(PET) or other specific plastics as the Commissioner may designate. This term
does not include regulated materials.
PREMISES--A building or group of buildings constituting a single property and
the lot or parcel of land on which such building or buildings are located.
PREPARATION--Any process by which waste is made ready for collection and
disposal.
PUBLIC COLLECTION--Any collection or disposal of designated solid waste by the
City of Buffalo pursuant to this Chapter or the rules and regulations
promulgated by the Commissioner.
PUBLIC PLACE--Any real property or premises open to the use of the general
public. This term includes, but is not limited to, public parks, open spaces,
and other public places.
QUALIFIED INDIVIDUAL WITH A DISABILITY--A person with a disability who, with or
without reasonable modifications to rules, policies, or practices, the removal
of architectural, communication, or transportation barriers, or the provision
of auxiliary aids and services, meets the essential eligibility requirements
for the receipt of services or the participation in programs or activities
provided by a governmental agency.
REAL PROPERTY--All realty located within the City, whether occupied by owner or
rented, whether commercial or residential.
RECEPTACLE--Any container or vessel for temporary disposal of waste, such as a
trash can, garbage can or dumpster.
RECOVERY--The act of gaining, obtaining, regaining or retaking useful material
from waste.
RECYCLABLE MATERIAL--Any of the following solid waste materials: aluminum
containers; glass; metal cans; plastic containers; boxboard; cardboard;
corrugated cardboard; paper; high-grade paper; magazines; newsprint; large
appliances; vegetative yard waste; wood waste; and such other solid waste
materials which can be collected, separated and/or treated, reclaimed, used or
reused to produce new raw material or product as designated in the rules and
regulations promulgated by the Commissioner. This term does not include
regulated waste.
RECYCLING--Any method, technique or process by which materials, which otherwise
would become solid waste, are collected, separated and/or processed, treated,
modified, converted, reclaimed, used or reused so that its components may be
beneficially used or reused as raw materials or products.
RECYCLING COLLECTION AREA--Any facility designed and operated solely for the
receiving and storing of designated recyclable materials.
REFUSE--All rejected or discarded putrescible and nonputrescible solid waste.
This term includes garbage, rubbish, and ashes. This term does not include
regulated materials.
REGULATED MATERIAL--Any material which has been exposed to or is a chemical,
substance, waste, or pollutant, as defined in or governed by any environmental
law or as determined by any governmental agency or the Commissioner, including,
but not limited to, high-level and low-level radioactive waste, hazardous
material, hazardous waste, infectious waste, raw sewage, septage, sludge,
regulated medical waste, industrial waste, petroleum or waste oil.
REGULATED MEDICAL WASTE--Any waste which is generated in the diagnosis,
research, treatment or immunization of human beings or animals, or in the
production or testing of biologicals. This term includes, but is not limited
to, infectious waste, syringes, lancets, needles.
REGULATED SUBSTANCE COLLECTOR--Any person licensed or permitted by the State of
New York, any other state, the federal government, or any department or agency
thereof, for the collection, transportation, and disposal of any regulated
materials.
REGULATED USE PERMIT--A permit issued by the Common Council pursuant to 216-32
of this Chapter which allows or regulates the use of real property or premises
which creates or has created offensive or noxious odors.
RESIDENTIAL SOLID WASTE--Solid waste which is generated by, or originating in
and around residential user. This term does not include bulk solid waste or
large appliances in excess of the amounts specified in the Chapter or in the
rules or regulations of the Commissioner, or regulated materials.
RESIDENTIAL USER--A person who owns or occupies an improved parcel of land in
the City of Buffalo which is designed for or occupied by a residential use with
three (3) or fewer dwelling units, including (but not limited to) vacant lots
zoned for residential use.
RESIDENTIAL USER COLLECTION PROGRAM--Any recycling program concerning
residential users.
RESTRICTED LOCATION--Any area in which landfills are prohibited by provisions
of this Chapter and any other environmental law. This term includes, but is
not limited to, areas within or directly adjacent to a residential area, within
or directly adjacent to any marsh or wetland area or within the floodways as
indicated on the current National Flood Program Boundary and Rate Maps.
RUBBISH--Nonputrescible solid wastes consisting of both combustible and
incombustible wastes. This term includes, but is not limited to, dirt, fill,
nonrecyclable paper, wrappings, cigarettes, wood, wires, glass, bedding,
furniture and similar materials which are not designated recyclable materials.
This term does not include regulated materials.
SCAVENGE--The unlicensed, unauthorized or uncontrolled removal of waste at any
point in the waste stream.
SEPARATION--To divide and set apart different types of solid waste.
SEPTAGE--The contents of a septic tank, cesspool or other individual sewage
treatment facility which receives domestic sewage wastes.
SLUDGE--Accumulated semiliquid suspension of settled solids deposited from
wastewaters or other fluids in tanks or basins resulting from process or
treatment operations, or residues from the storage or use of liquids. This
term does not include solid or dissolved material in domestic sewage or other
significant pollutants in water resources, silt, dissolved material in
irrigation return flows or other common water pollutants.
SOLID WASTE--All putrescible and nonputrescible materials or substances
discarded or rejected as having served their original intended use or as being
spent, useless, worthless, or in excess to the person at the time of such
discard or rejection. This term includes, but is not limited to, garbage,
ashes, refuse, rubbish, and recyclable materials. This term does not include
solid or dissolved matter in domestic sewage or substances, materials in
noncontainerized gaseous form, or regulated materials.
SOLID WASTE ADVISORY COMMITTEE--The advisory committee established pursuant to
this Chapter to advise the Commissioner on policies for the City regarding
solid waste collection and disposal and recycling.
SOLID WASTE COLLECTION--Any act or process of gathering, assembling, or
otherwise collecting solid waste.
SOLID WASTE COLLECTOR--Any person, other than the City, duly licensed engaged
in the collection, removal, transportation, or disposal of commercial solid
waste or industrial waste, with or without charge or payment.
SOLID WASTE ENTERPRISE FUND--Accounting fund separate and distinct from the
City's general fund created pursuant to this Chapter to account for the
revenues, costs and expenses from the City's collection and disposal of solid
waste.
SOLID WASTE MANAGEMENT--The purposeful, systematic control of the generation,
separation, storage, collection, processing and disposal of solid waste.
SOURCE-SEPARATION--To sort recyclable materials from other solid waste at the
point of generation for sale or other disposition.
SPECIAL EVENT--An event as defined in 414-2 of this Code.
STORAGE--A space or place for the proper safekeeping of solid waste.
TIRE--The rubber covering for a wheel.
TOXIC SUBSTANCE--Matter which acts or is likely to act as a poison.
TRANSPORTATION--The conveyance of solid waste.
TREATMENT--Any method, technique, or process, including neutralization,
designed to change the physical, chemical or biological character or
composition of any hazardous waste so as to neutralize such waste or as to
render such waste nonhazardous, safer for transport, amenable for recovery,
amenable for storage, or reduced in volume.
USE--That enjoyment of property which consists in its employment, occupation,
exercise or practice.
VACANT LOT--Parcels of land which are not improved by a structure.
VEGETATIVE YARD WASTE--Compost materials, organic yard and garden waste,
leaves, grass clippings and brush. This term does not include regulated
materials.
WASTE--Any garbage, sludge and other discarded material, whether or not such
material may eventually be used for some other purpose.
WASTE OIL--Used oil. This term includes, but is not limited to, petroleum,
engine lubricating oil, fuel oil, motor oil, gear oil, cutting oil,
transmission fluid, hydraulic fluid, dielectric fluid, oil storage tank
residue, animal oil, and vegetable oil, which has been contaminated by physical
or chemical impurities, through use or accident, and has not subsequently been
refined.
WASTE STREAM--The process of waste collection and disposal, from generation of
waste through its collection and disposal.
WOOD WASTE--Logs, pallets and other wood materials. This term does not include
regulated materials.
Pursuant to Section 35 of the Charter, these amendments shall take effect on
October 1, 1996.
NOT APPROVED AS TO FORM
(Original Not Signed)
NOTE: Matter in brackets to be deleted; matter underlined is new.
LAID ON THE TABLE
No. 206
By: Mr. Pitts
Use of City Hall Lobby by "Reading's Fun Ltd."
Whereas: Reading's Fun Ltd. is North America's largest direct marketer
of books, serving thousands of U.S. and Canadian companies, schools and
government offices; and
Whereas: Reading's Fun Ltd. ran two very successful bookfairs in the main lobby
of City Hall last year; and
Whereas: The bookfairs consist of 125 to 150 different hardcover titles set up
at tables staffed by Reading's Fun Ltd., with the City receiving 10% of net
sales; and
Whereas: The organizers of the bookfairs would like to hold two this year, on
August 27-28, 1996 and December 16-17, 1996;
Now, Therefore, Be It Resolved:
That this Common Council grants permission to Readings Fun Ltd. to use the
lobby of City Hall pursuant to the conditions established by the Commissioner
of Public Works and the Corporation Counsel.
ADOPTED
No. 207
By: Mr. Pitts
Use of North Americare Park
WHEREAS: Western New York United Against Drugs is a not-for profit
organization dedicated to preventing substance abuse. The organization is
Buffalo based and has been active for many years sponsoring preventative,
charitable and educational programs; and
WHEREAS: As part of its annual activities W.N.Y. United Against Drugs sponsors
outdoor concerts promoting positive and moral messages against substance abuse;
and
WHEREAS: On August 8,1996 W.N.Y. United Against Drug Abuse will sponsor a
concert at North Americare Park featuring the internationally acclaimed CeCe
Wynans! This concert is expected to attract thousands of people for the
Western New York region; and
WHEREAS: The scheduled concert and work of the Western New York United Against
Drugs organization positively contribute and promotes the City of Buffalo.
NOW, THEREFORE BE IT RESOLVED:
That the Common Council approve the waiver of the fee for the use of North
Americare Park by the Western New York United Against Drugs for the August 8,
1996 concert; and
BE IT FURTHER RESOLVED:
That such a waiver of fee does not relieve the organization from providing
adequate liability coverage holding the City of Buffalo harmless.
PASSED
AYES - 11 NOES - 0
No. 208
By: Messrs. Pitts and Coppola
City of Buffalo Police Department
Formation of Violent Crime Unit
WHEREAS: The City of Buffalo experienced a series of shootings
recently, one of which left a 9 year old child severely injured by a stray
bullet; and
WHEREAS: While the circumstances involving this wave of violence are still
being investigated, citizens are outraged and concerned that there is a need to
confront these acts as well as develop ways of trying to prevent it; and
WHEREAS: The Mayor of the City of Buffalo has ordered the addition of police
officers to be assigned to the Gang Suppression Unit. This unit will work to
deal with violence caused by gangism which is strongly suspected in the recent
shootings; and
WHEREAS: In order to stem the type of crime involving particularly guns demands
that a concentrated form of policing takes place which provides resources and
remedies from all levels of law enforcement. During the past five years the
City was successful in indicting and prosecuting persons involved in illegal
drug trafficking and gangs, by establishing a task force which included
officers assigned for the Buffalo Police, Erie County Sheriffs, State Police,
the Federal A.T.F. and District Attorney's Office; and
WHEREAS: By developing this "Command Team Approach" the Buffalo Police
Department can formally develop a Violent Crime Unit that can bring adequate
manpower, information, community involvement, and prosecutorial strength to
righting violent crime; and
WHEREAS: The development of this Special Violent Crime Unit will send a
positive message to neighborhoods experiencing increases in shootings and
violence.
NOW, THEREFORE BE IT RESOLVED:
That the Common Council requests that the Police Commissioner file a plan to
develop a Special Violent Crime Unit consisting of Buffalo Police, Erie County
Sheriffs, State Police, the A.T.F. and the District Attorney's Office.
ADOPTED
No. 209
By: Mr. Pitts
Request Full Site Clean-Up at West Valley
Whereas: The West Valley draft EIS asks for comments on various
project-completion and site-closure alternatives under consideration by the
federal and state governments for the West Valley nuclear waste site 30 miles
South of Buffalo; and
Whereas: The alternatives range from full site clean-up to a degree that allows
unrestricted future use (Alternative 1) to other alternatives that would leave
approximately 1 million to 2 million curies of radioactive waste stored or
"stabilized" at the site for an indefinite period; and
Whereas: The West Valley Draft EIS acknowledges that erosion at the site is a
significant ongoing process which, if not kept in check during the upcoming
decades and centuries, will release radioactive wastes into local streams in
quantities that threaten public health and greatly exceed regulatory limits;
and
Whereas: The West Valley site drains into Cattaraugus Creek and Lake Erie and
is upstream of the City of the Buffalo's drinking water source and shoreline;
and
Whereas: The State of New York owns the West Valley site and the wastes
thereon; and
Whereas: A large portion of the wastes at the site came from U.S. government
defense projects during the 1960's and 1970's; and
Whereas: The federal and state governments have provided the regulatory
oversight for all waste-processing, waste-disposal, and remediation activities
at the site up to now;
Now, Therefore, Be It Resolved That:
This Common Council requests the federal and state authorities to adopt
Alternative 1 and to fund and implement a full clean-up of the West Valley
site; and
Be It Further Resolved That:
This Council directs the City Clerk to send certified copies of this resolution
to Hazel O'Leary, the Secretary of the USDOE; Tara O'Toole, Assistant
Secretary, Environment, Safety and Health, USDOE; Thomas Grumbly, Assistant
Secretary, Environmental Management, USDOE; (all at 100 Independence Avenue,
SW, Washington, DC 20585); to Daniel Sullivan (c/o West Valley Area Office,
USDOE, PO Box 191, West Valley, NY 14171); to the members of the Western New
York Congressional and State Legislative Delegations; and to Robert W.
Hargrove, Chief of the Environmental Impacts Branch, USEPA, Region 2, Jacob K.
Javits Federal Bldg., NY, NY 10278-0012.
ADOPTED
No. 210
By: Messrs. Pitts and Franczyk
Protection of Cobblestone Streets
Whereas: On Tuesday, July 9, 1996, the Pinto Construction Company
removed all the cobblestones from Baltimore Street; and
Whereas: Baltimore Street is part of the city's Cobblestone Historic District -
an area that has been slated for preservation and redevelopment; and
Whereas: The authentic cobblestone streets of this area are the raison d'etre
for the Historic District; and
Whereas: The actions of Pinto Construction Co., which is carrying out plans
made by the Crossroads Arena Corp. (CAC) and the City Department of Public
Works, raise serious questions about the commitment that has been made to
preserving the character of the Cobblestone Historic District; and
Whereas: In effect, the city, at the behest of CAC has demolished a city
landmark - Baltimore Street - without notification, a public hearing, or
documentation - a violation of the State Environmental Quality Review Act
(SEQRA); and
Whereas: The Cobblestone Historic District, in conjunction with the building of
the arena, a new harbor, the Naval Park, the Waterfront Greenway, and the
potential reuse of the DL&W Terminal and the Aud, offers enormous potential as
a new activity center at the foot of Main Street; and
Whereas: Destroying Cobblestone resources in a rush to complete the arena is
the wrong approach and ignores the potential benefits of a coordinated
redevelopment of the Lower Main Street area; and
Whereas: While the Department of Public Works (DPW) has asked for input on
street construction from Cobblestone District advocates, it is the clear
recollection of those who met with DPW that there would be further
communication before actual work began; and
Whereas: A cynic might suspect that arena advocates have decided that it is
easier to ask forgiveness than permission in their treatment of the Cobblestone
District; and
Whereas: A Preservation Plan that lays out a process for preserving and
redeveloping the Cobblestone District needs to be written and adopted before
more mistakes are made;
Now, Therefore, Be It Resolved That:
This Council requests the Department of Community Development, by September of
1996, to prepare, or to contract for the preparation of, a professional
Preservation Plan for the Cobblestone District that will give order to actions
taken within the District and lay out a process for public input as well as
compliance with applicable environmental and preservation laws; and
Be It Further Resolved That:
Until the Preservation Plan is completed, this Council requests the Department
of Public Works to undertake no further actions that may impact the Cobblestone
District without express permission from the Council.
Be It Further Resolved That:
The Department of Public Works be requested to withhold any permits for the
construction of the CAC's surface parking lots until a final version of plans
for those lots are submitted to and approved by the Preservation Board and this
Council; and
Be It Finally Resolved That:
The Department of Public Works be requested to determine the feasibility of
immediately replacing the granite cobblestones that were removed from Baltimore
Street and report that determination back to this Council.
ADOPTED
No. 211
By: Mr. Pitts & Mrs. LoTempio
Request Developer Designation for Market Arcade
Apts/Emerson Culinary Institute/Metropole Housing Project
WHEREAS: The Developers of the Market Arcade Apartments, Emerson
Culinary Institute and Metropole Housing Project have requested developer
designation from the Buffalo Urban Renewal Agency for the BURA Market Arcade
Facades and former Villa Nova owned parcels involved in the project; and
WHEREAS: Proposed applications for the UDAG and Section 108 Loan funds
necessary for the project have been submitted to the Common Council by the
Buffalo Enterprise Development Corporation; and
WHEREAS: Consideration of these applications by the full Common Council should
await B.U.R.A.'s approval of such request for developer designation.
NOW THEREFORE BE IT RESOLVED:
That the Buffalo Urban Renewal Agency is requested to give immediate attention
and approval to such requests for developer designation; and
BE IT FURTHER RESOLVED:
That all parties involved in the project are encouraged to continue developing
all agreements pending this Honorable Body's consideration of the proposed UDAG
and Section 108 Loan application.
ADOPTED
No. 212
By: Messrs. Pitts & Brown
Future of Buffalo Museum of Science
WHEREAS: The Buffalo Museum of Science has been a main stay institution
at its present location on Humboldt Parkway in Martin Luther King Park; and
WHEREAS: This premier cultural and science facility provides regional programs,
it is nationally renowned as a center for progressive exhibits; and
WHEREAS: The Board of the Buffalo Museum of Science is discussing the possible
expansion and/or relocation of the Museum to a waterfront location; and
WHEREAS: While it is understood that no final decision has been made, however,
there are reports that the new Director of the Museum has expressed strong
concerns about the suitability of the existing building and its location.
NOW, THEREFORE BE IT RESOLVED:
That the Common Council opposes any consideration of the Board of the Buffalo
Museum of Science closing or relocating its present building.
ADOPTED
No. 213
By: Mr. Quintana
Request Public Works Department
Maximize Bicycle Lanes on City Streets
Whereas: On-road bicycle lanes are an important amenity that improve
safety and the quality of life; and
Whereas: Bicycling is a pleasurable activity and it has many benefits including
providing exercise, reducing pollution and saving money; and
Whereas: This Council favors the encouragement of safe bicycling on city
streets; and
Whereas: Striped bicycle lanes of adequate width make street travel safer for
both motorists and cyclists because they both tend to stay in the middle of
their designated lanes; and
Whereas: With unstriped streets bicyclists tend to ride too close to the curb
and drivers tend to drive too close to the center lane; and
Whereas: The American Association of State Highway Officials (ASHTO) has
developed Bicycle Guidelines which recommend a five foot width for striped
bicycle lanes, particularly when the road is curbed as most city streets are;
Now, Therefore, Be It Resolved That:
This Common Council requests the Department of Public Works to provide striped
5 foot bicycle lanes on each side of the road for all road and bridge
restriping and reconstruction projects from this day forward; and
Be It Further Resolved That:
If the Department feels such striped lanes are inappropriate on a given project
it may file a report with this Council detailing the reasons, giving the
Council an opportunity to have input into the decision; and
Be It Further Resolved That:
Appropriate means to get the 10 feet necessary for ASHTO approved bike lanes
include narrowing car lanes to 10 feet, where safe, and widening bridges, but
should not include widening the pavement to the point where sidewalks become
too narrow or attractive trees need to be taken down.
REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL AND COMMISSIONER
OF PUBLIC WORKS
No. 214
By: Mr. Quintana
Waive Permit Fees for Deaf Adult Services Sign
Whereas: Deaf Adult Services Inc. of Western New York, an incorporated,
non-profit agency, is planning on applying for a permit to place a sign in
front of their building at 491 Delaware Avenue; and
Whereas: It is estimated there are 10,000 deaf individuals in Erie County; and
Whereas: Deaf Adult Services (DAS) is dedicated to providing services for the
deaf and hearing communities by assisting them to become more accessible to
each other; and
Whereas: DAS's goals are accomplished through advocacy activities, raising
community awareness, interpreter services and education; and
Whereas: Signage for DAS is more of a necessity than a promotion in that deaf
and hearing impaired clients must depend on visual cues to find DAS;
Now, Therefore, Be It Resolved That:
This Common Council requests the permit office to waive any applicable city
fees for placing a sign in front of Deaf Adult Services.
REFERRED TO THE COMMITTEE ON FINANCE
No. 215
By: Mrs. Miller-Williams
Permission to Erect Tent in LaSalle Extension Park
Impacto 96 Revival
Whereas: The Missionary Church of Christ, Inc., proposes to hold
the "Impacto 96" tent revival on July 21 through 28, 1996, at LaSalle Extension
Park on Hudson Street; and
Whereas: The Missionary Church of Christ, sponsor of the event, has applied to
the Commissioner of Human Services, Parks and Recreation for permission to
erect a tent in LaSalle Extension Park; and
Whereas: The Missionary Church of Christ has applied for permits from the
Bureau of Fire Prevention to erect, use and occupy the tent they propose for
the tent revival; and
Whereas: Only this Honorable Body has the authority under the Code of the City
of Buffalo, section 309-36, to permit the erection of tents in parks and open
spaces; and
Whereas: In order to allow this fine special event.
Now Therefore Be it Resolved That:
That the Common Council approve the erection of a tent for the Impacto 96 tent
revival to be held on July 21, 22, 23, 24, 25, 26, 27, and 28, 1996, pursuant
to the terms and conditions set forth by the Bureau of Fire Prevention and the
Department of Human Services, Parks and Recreation.
PASSED
AYES - 11 NOES - 0
No. 216
By: Mrs. Miller-Williams
Forgive Grass Cutting/Foreclosure Fee
Whereas: In 1991, the City of Buffalo cut the grass on a lot located
at 389 High Street. This lot is adjacent to and owned by The House of God
Church; and
Whereas: According to the Church, billing for this service was erroneously
mailed to 104 French, as opposed to the correct address of 304 French. City
assessment records support the claim, as the 104 French Street address appears
in city computer records. Consequently, the Church claims it was not notified
of the fee and did not pay the bill; and
Whereas: Due to penalties, interest, and a foreclosure fee, the total
outstanding bill now totals $495.18, which is a lien against the property and
has resulted in the property being placed on the In Rem list for foreclosure.
The final day for the Church to make payment before foreclosure proceedings is
August 20, 1996; and
Whereas: The Church was made aware of this situation when notice was sent to
the Church itself, located at 387 High Street; and
Whereas: While the House of God Church is willing to pay the bill for the grass
cutting, its position is that any penalties and foreclosure fees should be
forgiven because the Church was not notified of the initial charges;
Now, Therefore, Be It Resolved:
That the Common Council request that any fees or fines beyond the original
grass cutting fee for the property at 389 High Street be forgiven in order to
avoid foreclosure on said property; and
Be it Further Resolved:
That the Commissioner of Administration and Finance, the Director of the
Treasury, the Commissioner of Assessment, and the Corporation Counsel be
directed to undertake the necessary procedures to forgive the penalties; and
Be it Finally Resolved:
That all necessary procedures, including payment of the grass cutting bill, be
completed prior to August 20, 1996.
REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF ADMINISTRATION AND
FINANCE, CORPORATION COUNSEL, COMMISSIONER OF ASSESSMENT AND COMMISSIONER OF
STREETS
No. 217
By: Ms. Miller-Williams
Waive Load Zone Fee for the Coliseum
Whereas: Buffalo's Downtown Night Life is experiencing a rebirth
of participation of large crowds on the weekend; and
Whereas: The Coliseum and other businesses in the area would like to provide
valet services to their patrons in the Ausperger Parking Ramp; and
Whereas: This valet service is to provide security due to a recent case were
someone was beaten while trying to get to their vehicle. The need for
protection against these types of mishaps is evident; and
Whereas: The City of Buffalo charges $5.00 per foot for forty feet (40 ft.),
totaling $200.00 for the load zone fee; and
Whereas: To encourage a greater perception of safety, the City should waive the
$200.00 load zone fee.
Now therefore be it resolved that:
This Common Council supports the waiving of the $200.00 load zone fee at the
Coliseum Night Club, located at 257 Franklin Street; and
Be it further resolved that:
The Commissioner of the Department of Public Works and the Corporation Counsel
file responses to this resolution commenting on both the feasibility and
legality of waiving this fee.
REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF PUBLIC WORKS, AND
CORPORATION COUNSEL
No. 218
By: Mr. Zuchlewski
Require Restitution from MPJ Construction
Whereas: MPJ Construction of 68 Churchill Street had a contract
with the city to repair curbs and sidewalks on Sayre Street in 1995; and
Whereas: MPJ did a shoddy job on Sayre and left numerous problems behind when
they stopped work there; and
Whereas: In addition, MPJ Construction trucks have made a mess on Churchill
Street; and
Whereas: MPJ Construction was recently the low bidder for work on city water
mains under Military Street; and
Whereas: It is unconscionable for a firm that caused severe hardship for
taxpayers living on Sayre Street and Churchill Street to be awarded further
city contracts without making restitution for their earlier negligent work;
Now, Therefore, Be It Resolved that:
This Common Council requests the Department of Public Works to withhold the
awarding of the contract for Military Road water main work until a maintenance
plan is in place for Sayre Street and Churchill Street and repairs have been
made by MPJ Construction to the satisfaction of this Council.
ADOPTED
No. 219
By: Mr. Zuchlewski
Request Information on 136 Hertel Avenue
Whereas: 136 Hertel Avenue has been a problem property in the North
district for many years ; and
Whereas: This property is owned by a shut-in individual who is currently
hospitalized at ECMC; and
Whereas: Numerous code violations exist at 136 Hertel and inspection reports
have described this property as "a massive eyesore in an advanced state of
deterioration"; and
Whereas: There have been no gas, electric or water utilities in service at this
house since 1988; and
Whereas: The case against the owner of 136 Hertel Avenue was recently dismissed
in Housing Court; and
Whereas: It is a disservice both to the owner of this property and to the
neighbors of this property to allow continued violations at this address;
Now, Therefore, Be It Resolved That:
This Council requests Judge Manz to provide an explanation as to why the
charges against 136 Hertel Avenue were dismissed; and
Be It Further Resolved That:
This Council requests the Commissioner of Community Development to immediately
reinstate the court case against 136 Hertel Avenue; and
Be It Finally Resolved That:
This Council requests the Commissioner of Community Development to provide an
explanation as to why 136 Hertel Avenue has not been condemned or declared
uninhabitable.
ADOPTED
No. 220
By Mr. Zuchlewski
Erect Banner-Elmwood Ave.
(Forever Elmwood-Saturday-In-The Parkway Banner)
Whereas: Organizers of the Saturday-In-The Parkway events will
be sponsoring four (4) more events in Bidwell Parkway during the months of
July, August, September and October; and
Whereas: These events are family orientated and co-sponsored by the City of
Buffalo; and
Whereas: To publicize the event, the organizers have requested permission to
display a banner across Elmwood Avenue from 946 Elmwood Avenue to 951 Elmwood
Avenue; and
Whereas: This banner would be on display beginning July 22nd, and
Now, Therefore, Be it Resolved:
That the organizers of the Saturday-in-the Parkway event be granted permission
to hang this banner on Elmwood Avenue.
PASSED
AYES - 11 NOES - 0
No. 221
By: Mr. Zuchlewski
Appointments
Commissioner of Deeds
Required - Performance of Public Duties
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1996, conditional upon the person so
appointed certifying, under oath, to their qualifications and filing same with
the City Clerk:
John Anthony Benitez
Total: 1
ADOPTED
UNFINISHED BUSINESS
No. 222
Bond Res. $2,700,000 - Reconstruction - Streets
Item No. 143, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown
PASSED
AYES - 11 NOES - 0
No. 223
Bond Res. $2,100,000 - Reconstruct - Amherst St.
Item No. 144, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED
AYES - 11 NOES - 0
No. 224
Bond Res. $1,500,000 - Reconstruction - Var. Streets
Item No. 145, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED
AYES - 11 NOES - 0
No. 225
Bond Res. $1,000,000 - Construct - Sch. 42 - Comm. Center
Item No. 146, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED
AYES - 11 NOES - 0
No. 226
Bond Res. $900,000 - Reconstruct - PAL Center
Item No. 147, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED
AYES - 11 NOES - 0
No. 227
Bond Res. $700,000 - Reconstruct. - Michigan Bridge
Item No. 149, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED
AYES - 11 NOES - 0
No. 228
Bond Res. $725,000 - Reconstruct. - Various Ice Rinks
Item No. 148, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED
AYES - 11 NOES - 0
No. 229
Bond Res. $635,000 - Reconstruct. - Shea's Facade
Item No. 150, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED
AYES - 11 NOES - 0
No. 230
Bond Res. $500,000 - Restoration - Kleinhans
Item No. 151, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED
AYES - 11 NOES - 0
No. 231
Bond Res. $500,000 - Reconstruction - Machnica Center
Item No. 152, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED
AYES - 11 NOES - 0
No. 232
Bond Res. $280,000 - Reconstruction - Fire Station
No. 153, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED
AYES - 11 NOES - 0
No. 233
Bond Res. $250,000 - Improvements - W.S. Comm. Center
Item No. 154, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED
AYES - 11 NOES - 0
No. 234
Bond Res. $200,000 - Reconstruct - City Hall Exterior
Item No. 155, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED
AYES - 11 NOES - 0
No. 235
Bond Res. $150,000 - Handicapped Access Improvements
Item No. 156, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED
AYES - 11 NOES - 0
No. 236
Bond Res. $150,000 - S.B. Comm. Center Improvements
Item No. 157, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED
AYES - 11 NOES - 0
No. 237
Bond Res. $150,000 - Zoo Sidewalk Improvements
Item No. 158, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED
AYES - 11 NOES - 0
No. 238
Bond Res. $100,000 - Reconstruct - Var. Elevators
Item No. 159, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED
AYES - 11 NOES - 0
No. 239
Bond Res. $95,000 - Improvements - Kleinhans
Item No. 160, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED
AYES - 11 NOES - 0
No. 240
Bond Res., $50,000 - Reconstruct - Science Museum
Item No. 161, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED
AYES - 11 NOES - 0
No. 241
Bond Res., $50,000 - Restore Parkside Lodge
Item No. 162, C.C.P., July 9, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Brown.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED
AYES - 11 NOES - 0
No. 242
Announcement of Committee Meetings
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
Regular Committees
Civil Service Committee Tues, Sept 10, 1996, 9:30 AM
Finance Committee Tues, Sept 10, 1996-following Civil
Legislation Committee Tues, Sept 10, 1996, 2:00 PM
Community Dev. Comm. Wed, Sept 11, 1996, 10:00 AM
Committee on Education Wed, Sept 11, 1996, 2:00 PM
Ancillary Meetings
Aud./Stad. Task Force Thurs, July 25, 1996, 9:00 AM
Room 1417 City Hall
Budget Committee Thurs, July 25, 1996, 11:30 AM
Room 1417 City Hall
No. 243
Adjournment
On a motion by Mrs. LoTempio, Seconded by Mr. Coppola, the Council
adjourned at 4:02 p.m.
Charles L. Michaux III
City Clerk
Board of Police and Fire Pension Proceedings #7
Council President's Office - 1315 City Hall
July 25, 1996 - 10:45 a.m.
Present: James W. Pitts, Council President; Joel Giambra, Comptroller-2.
Absent: Anthony M. Masiello, Mayor-1.
The Journal of the last meeting was approved.
No. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund
for the month of July 1996 amounting to $27,244.92, and respectfully request
that the checks be drawn to the order of the persons named herein for the
amounts stated.
ADOPTED
AYES - 2 NOES - 0
No. 2
Mr. Pitts moved to approve the August 1996 Fire Pension Payroll
and instructed the City Clerk to certify same.
ADOPTED
AYES - 2 NOES - 0
No. 3
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of July 1996 amounting to $30,732.64, and respectfully
request that checks be drawn to the order of the persons named herein for the
amounts stated.
ADOPTED
AYES - 2 NOES - 0
No. 4
Mr. Giambra moved to approve the August 1996 Police Pension Payroll
and instructed the City Clerk to certify same.
ADOPTED
AYES - 2 NOES - 0
No. 5
On motion by Mr. Pitts, the City of Buffalo Police and Fire Pension
Board Meeting adjourned at 11:00 a.m.