HomeMy WebLinkAbout96-0917
1No. 17
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, September 17, 1996
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Joel A. Giambra
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Rosemarie LoTempio
COUNCILMEMBERS-AT-LARGE
Beverly Gray
Barbra Kavanaugh
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola Delaware
Barbara Miller-Williams - Ellicott
David A. Franczyk Fillmore
David J. Czajka Lovejoy
Byron Brown Masten
Robert Quintana Niagara
Dale Zuchlewski North
Bonnie K. Lockwood South
Kevin J. Helfer University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: David J. Czajka, Chairman, Alfred T. Coppola, Kevin J.
Helfer,David Franczyk, Barbara Miller-Williams, Members
CLAIMS COMMITTEE
: Bonnie K. Lockwood, Chairman, Kevin J. Helfer, Alfred T.
Coppola, David Franczyk, Barbara Miller-Williams, Members
COMMUNITY DEVELOPMENT COMMITTEE:
Dale L. Zuchlewski Chairman, Barbara
Miller-Williams, Byron Brown, Kevin J. Helfer, Robert Quintana, Rosemarie
LoTempio Members.
FINANCE COMMITTEE:
David A. Franczyk, Chairman, Byron Brown, Beverly Gray,
Kevin J. Helfer, Bonnie K. Lockwood, Dale Zuchlewski Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman, David J. Czajka, Kevin J.
Helfer, Rosemarie LoTempio, Robert Quintana Barbra Kavanaugh Members
RULES COMMITTEE:
James W. Pitts, Chairman, Kevin J. Helfer, Rosemarie LoTempio,
Members
EDUCATION COMMITTEE:
Barbra A. Kavanaugh Chairman, Dale Zuchlewski, Kevin J.
Helfer, Beverly Gray, Bonnie K. Lockwood, Barbara Miller-Williams Members
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE:
James W. Pitts, Chairman, Beverly
Gray, Robert Quintana, Alfred Coppola, Kevin J. Helfer.
BUDGET COMMITTEE:
Rosemarie LoTempio, Chairman, Alfred T. Coppola, David
Franczyk, Kevin J. Helfer, Byron Brown
ERIE BASIN MARNA LEASE COMMITTEE:
James W. Pitts, Chairman, Kevin J. Helfer,
Bonnie K. Lockwood, Carl A. Perla, Jr.
POLICE REORGANIZATION COMMITTEE:
David J. Czajka Chairman; Kevin J. Helfer,
Rosemarie LoTempio.
TASK FORCES
AUDITORIUM AND STADIUM TASK FORCE:
James W. Pitts, Chairman, Kevin
J. Helfer, Bonnie K. Lockwood, Rosemarie LoTempio, Corporation
Counsel/Designee, Commissioner of Public Works/Designee, Commissioner of
Community Development/Designee, Commissioner of Administration and
Finance/Designee, President of Development Downtown.
ERIE BASIN MARINA TASK FORCE:
James W. Pitts, Chairman, Kevin L. Helfer, Bonnie
K. Lockwood, Comptroller/Designee, Commissioner of Public Works/Designee,
President of Slip Renter's Assoc./Designee, Buffalo Sabres/Aud Club.
PARKS CONSERVANCY TASK FORCE:
David A. Franczyk, Chairman, Kevin J. Helfer,
Dale L. Zuchlewski, John Scardino, Robert Kresse, Pamela DiPalma, Mark
Mistretta, Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Thomas J.
Barnes, Wes Olmsted, Robert Meldrum, Paula Mulligan, Louise Snyder, Rev. Benny
Sheppard, Friends of Olmsted designee, Commissioner of Parks/Designee,
Commissioner of Public Works/Designee, Commissioner of Community
Development/Designee.
GREENWAY TASK FORCE:
Bonnie Kane-Lockwood, Chairman, James August, Frederick
Holman, Barry Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark Mistretta,
Thomas Pallas, Philip Snyder, Lorraine Pierro, Cynthia Schwartz, Ann Poole,
Suzanne Toomey-Spinks, Dr. Rae Rosen, Margaret Wooster, Jerry Malloy, David P.
Comerford, Tammy Barnes, Terry Wherry
CARBON MONOXIDE TASK FORCE:
David Czajka Chairman, Fred Larson, Matthew Baudo,
Paul Mielcarek, David Pierowicz, Phil Haberstro, Mike Rabb, Donna DeCarolisle,
Jay Burney, Mark Kubiniec, Yerby Dixon.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL- BUFFALO
Tuesday,September 17, 1996
at 2:00 P.M.
PRESENT- James W. Pitts President of the Council, and Council
Members Brown, Coppola, Czajka, Franczyk, Gray, Helfer, Kavanaugh, Lockwood,
LoTempio, Pitts, Quintana, Williams and Zuchlewski- 13.
ABSENT- None.
On a motion by Mrs. LoTempio, seconded by Mr. Czajka, the minutes of the stated
meeting held on September 3, 1996 were approved.
FROM THE MAYOR
No. 1
Appointment of Member to the Buffalo Emergency Medical Services Board
Pursuant to the powers vested in me by Section 6 of the City of
Buffalo, I hereby appoint James H. Worthy, residing at 99 William Street,
Buffalo, New York 14203, to the Buffalo Emergency Medical Services Board for a
term effective immediately. James H. Worthy will fill the vacant position of
Carrie C. Dragone who has resigned. Mr. Worthy's term will expire June 30,
1998.
Mr. Worthy has served with the Buffalo Fire Department since August,
1979. He is currently Deputy Fire Commissioner with the Buffalo Fire
Department.
Based upon his excellent qualifications, I hereby certify that James H.
Worthy is fully qualified for appointment to the Buffalo Emergency Medical
Services Board.
ADOPTED.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 2
Gelinmac Storage, Request to Re-approve
the Conversion of a Grain Elevator for Feed
Processing at 20 Buffalo River
Item No. 93, C.C.P., 2/6/96
The City Planning Board at its regular meeting held Tuesday, September
10, 1996 considered the matter referenced above pursuant to section 511-67 of
the Buffalo Code, the Buffalo Special Coastal Review District.
After considerable discussion, the Planning Board voted to re-approve the
issuance of a one-year restricted use permit for the subject property. The
conditions of this permit will reflect concerns which have been outlined in the
Negative Declaration as approved by your Honorable Body and whatever other
conditions which your Honorable Body deem appropriate.
RECEIVED AND FILED.
No. 3
General Electric, Request to Erect
Encroaching illuminated Pole Sign at
1154 Elmwood Ave.
Item No. 96, C.C.P., 7/23/96
The City Planning Board at its regular meeting held Tuesday, September
10, 1996 considered the matter referenced above pursuant to sections 387-19 and
413-67 of the Buffalo Code, Review of Pole Signs and Encroachments.
The applicant seeks to erect a pole sign with a sign face area of 42.25
square feet and an overall height of 19 feet. The sign will also overhang the
public right-of-way. The site is located in an M2 zone which permits such
signs. Under SEQR the proposed sign is considered a Type II action which does
not require further environmental review.
The Planning Board voted to approve the proposed sign and its
encroachment with the condition that the applicant locate the sign in a
landscaped base.
RECEIVED AND FILED.
No. 4
Canisius College, Request to Re-roof
2003 Main Street
Item No. 98, C.C.P., 7/23/96
The City Planning Board voted to receive and file this item, since
your Honorable Body has already approved the work.
RECEIVED AND FILED.
No. 5
Duker Inc., Request to Use 356 Hopkins
as an Electro Plating Operation
Item No. 152, C.C.P., 9/3/96
The City Planning Board at its regular meeting held Tuesday, September
10, 1996 considered the matter referenced above pursuant to section 511-67 of
the Buffalo Code, the Buffalo Coastal Special Review District.
The applicant seeks to use a former tire service center as an electro
plating establishment. The site is located in an MI zone which permits such
uses. Under SEQR the proposed reuse is considered an unlisted action which may
be studied through uncoordinated review.
The Planning Board voted to approve the proposed use.
RECEIVED AND FILED.
No. 6
Cohen, Hyman, Cohen and Leonard - Request to Erect an Accessory Building at
1342 South Park
Item No. 153, C.C.P., 9/3/96
The City Planning Board at its regular meeting held Tuesday, September
10, 1996 considered the matter referenced above pursuant to section 511-67 of
the Buffalo Code, the Buffalo Coastal Special Review District.
The applicant seeks to erect a 70' by 100' metal storage building for
equipment storage and processed material from its construction debris
collection operation. The proposed building will allow the applicant to remove
both equipment and processed material indoors.
The site is located in an MI zone which permits such uses. Under SEQR
the proposed building may be considered an unlisted action which may be studied
through uncoordinated review.
The Planning Board voted to approve the proposed building.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 7
ECIDA, Request to Erect a Compressor
Building and Pipeline at 95 Katherine St.
Item No. 154, C.C.P., 9/3/96
The City Planning Board at its regular meeting held Tuesday, September
10, 1996 considered the matter referenced above pursuant to section 511-67 of
the Buffalo Code, the Buffalo Coastal Special Review District.
The applicant seeks to erect a 20' by 20' metal compressor building.
They also propose to run a five and a half mile pipeline from their air
separation operation at 95 Katherine Street under the Buffalo River to the
former Bethlehem Steel site in Lackawanna. The pipeline will convey nitrogen,
a completely inert gas, under minimal pressure in an eight to sixteen inch
diameter underground pipeline.
The site is located in an Ml zone which permits such uses. Under SEQR
the proposed building may be considered an unlisted action which may be studied
through uncoordinated review. The applicants satisfied the Board's concerns
that adequate safeguards had been taken under the auspices of various involved
agencies to insure the safe installation of the pipeline.
The Planning Board voted to approve the proposed building and pipeline
installation.
RECEIVED AND FILED.
No. 8
Loguen Memorial A.M.E. Zion Church, Request
to Convert 54 Rohr to a Shelter for Men
Item No. 97, C.C.P., 7/23/96
The City Planning Board at its regular meeting held Tuesday, September
10, 1996 considered the matter referenced above pursuant to section 511-136 of
the Buffalo Code, Review of Human Service Providers.
The applicant seeks to establish a halfway house for five homeless men.
A full time administrator will also reside on the premises. Under the Buffalo
Code, such human service providers may be permitted in any R or C zone in the
city, provided that your Honorable Body approves the facility and that a
concentration of such uses does not exist within a one-half mile radius of the
site. In this instance, there is no evidence of such a concentration of human
service providers.
Given this, the Planning Board voted to approve the proposed homeless
shelter.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF PARKING
No. 9
Parking Lot Bids
The existing three year leases for the below surface lots are
about to expire. The Board of Parking advertised for new three year leases on
August 8, 1996. The public bid opening was held September 11, 1996 in the
office of the Board of Parking, 1801 City Hall. The results are as follows:
1. PARCEL #5/SKYWAY THRUWAY LOOP
(existing annual rental $220,000)
Bidder Annual Rental
Imperial Parking Inc.
Franklin Convention Center Ramp
185-197 Franklin,
Buffalo, NY 14202 $142,700
Allright Parking Buffalo Inc.
Statler Towers; Suite One
107 Delaware
Buffalo, NY 14202 $141,600
2. PARCEL NO. 29/THRUWAY LOT NO. 5
(existing annual rental No. 29 - $71,252/
Thru. No. 5 $70,000=$141,252
Imperial Parking Inc. Parcel 29 - $55,800
Franklin Convention Center Ramp Thru. No 5 44,000
185-197 Franklin
$ 99,800
Buffalo, NY 14202
Plus amortizing construction cost to pave & light Parcel No.29
of $85,500 over five (5) years
Allright Parking Bflo. Inc. Parcel 29 - $67,000
Statler Towers - Suite One. Thru. No 5 18,000
Buffalo, NY 14202
$85,500
Plus amortizing construction cost to pave & light Parcel No. 29
of $100,000 over five (5) years
3. THRUWAY LOT NO. 4
(existing annual rental $50,000) Annual Rental
Imperial Parking Inc.
Franklin Convention Center Ramp
185-197 Franklin St $35,500
Buffalo, NY 14202
Allright Parking Bflo Inc.
Statler Towers - Suite One
107 Delaware $28,500
Buffalo, NY 14202
4. 155 WASHINGTON - former annual rental $49,339 - this lot has been closed
for 2 years
Allright Parking Bflo Inc.
Statler Towers - Suite One
Buffalo, NY 14202 $56,600
The Parking Board recommends the following:
Imperial Parking Inc., as the highest responsible bidder be awarded a
five (5) year lease for Parcel 29/Thruway No. 5 in the amount of $99,800 plus
the five year amortization of $85,500 in improvements to Parcel 29.
Imperial Parking Inc. be awarded three year leases for:
Annual Rental
Parcel #5/Skyway Thruway Loop 142,700
Thruway Lot No. 4 35,500
Allright Parking Bflo Inc. be awarded a three year lease for:
155 Washington 56,600
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE BUFFALO ARTS COMMISSION
No. 10
Bloch Cancer Survivor's Park
The Buffalo Arts Commission recommends that your Honorable Body
designate the park bordered by Washington, North Division, South Division, and
Ellicott (recently turned over to the City of Buffalo by the State of New York)
as the location for a proposed Bloch Cancer Survivors Park pending further
design and technical review and approval of the overall park plan.
Mrs. LoTempio moved:
That the communication from the Buffalo Arts Commission, dated September 11,
1996, be received and filed; and
That this Common Council be and hereby is authorized to designate the park
bordered by Washington, North Division, South Division and Ellicott as the
location for a proposed Bloch Cancer Survivors Park pending further design and
technical review and approval of the overall park plan.
PASSED.
AYES - 13 NOES - 0
No. 11
Permission To Accept Contribution From Buffalo & Erie County Historical Society
Due to the City's investment in beautifying the Artwork around
the Buffalo & Erie County Historical Society, that institution would like to
make a contribution of funds for related art conservation services in the
amount of $19,150 (Nineteen Hundred One Hundred and Fifty Dollars). The Arts
Commission hereby requests Your Honorable Body to authorize acceptance of these
funds into the existing account number 200-717-028 for the above purposes.
Thank you for your attention to this matter.
Mrs. LoTempio moved:
That the communication from the Buffalo Arts Commission, dated September 12,
1996, be received and filed; and
That the Executive Director of the Buffalo Arts Commission be, and he hereby
is, authorized to accept $19,150 from the Buffalo & Erie County Historical
Society; and to deposit this amount in the 200-717-028 account.
PASSED.
AYES -13 NOES - 0
No. 12
Site for Irish Famine Monument
The Buffalo Arts Commission recommends that Your Honorable Body
designate the proposed Waterfront Site (see attached) , currently under the
jurisdiction of BURA, as the location to erect the proposed Irish Famine
Monument pending further design and technical review and approval.
Mrs. LoTempio moved:
That the communication from the Buffalo Arts Commission, dated September
6, 1996, be received and filed; and
That this Common Council be, and he hereby is, authorized to designate
the proposed Waterfront Site as the location to erect the proposed Irish Famine
Monument pending further design and technical review and approval.
PASSED.
AYES -13 NOES - 0
No. 13
Correction Amount- Contract # 91874700
Item #14, C.C.P., 5/14/96
As per the above referenced contract, the correct amount should
be $98,425-00. Please authorize the corrected amount. The error was due to a
numerical deletion. Funds are of course available on the existing account.
Thank you for your attention to this matter.
Mrs. LoTempio moved:
That the communication from the Buffalo Arts Commission, dated September 10,
1996, be received and filed; and
That the Director of the Buffalo Arts Commissions be, and he hereby is,
authorized to correct the amount of $98,425.00 for Contract #91874700.
PASSED.
AYES - 13 NOES - 0
FROM THE COMPTROLLER
No. 14
Appointment - Deputy Comptroller
Please be advised that I am appointing Bruce Fisher of 25 Days
Park, Buffalo, New York 14201 as Deputy Comptroller effective September 4,
1996. Mr. Fisher is highly qualified to hold this position.
Mr. Fisher is a 1971 honors graduate of Calasanctius School and holds
Bachelor's and Master's degrees in History from the University of Illinois and
a J.D. from SUNY at Buffalo.
RECEIVED AND FILED.
No. 15
Performance Audit Report
Division of Engineering
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Department
of Public Works, Division of Engineering, audit report for the period July 1,
1989 to December 31, 1995.
Our examination of the accounts and records of the Division of
Engineering revealed the immediate need for numerous basic internal controls in
the cash receiving, bookkeeping and record maintenance areas. It is our intent
that the division give serious consideration to implementing our audit
recommendations to strengthen the existing system of controls over revenue
receipts, as well increasing accuracy in the accounting for these receipts.
REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF ADMINISTRATION AND
FINANCE, AND COMMISSIONER OF PUBLIC WORKS.
No. 16
Result of Negotiations
907 Jefferson, 105' S High
Vacant Lot: 30' x 150'
Assessed Valuation: $1,700
25 Cayuga, 240' E Jefferson
Vacant Lot: 30' x 130'
Assessed Valuation: $1,600
62 Pershing, 616.50' N High
Vacant Lot: 30' x 142'
Assessed Valuation: $1,600
The Office of the Comptroller, Division of Real Estate, has received
a request from Refuge Temple of Christ, Bishop Robert Sanders, 943 Jefferson
Avenue, Buffalo, New York 14204, to purchase the above captioned properties,
which are adjacent to where the church is located. The purpose of the purchase
is to upgrade the community and develop new housing.
The Department of Community Development and Division of Collections have
been contacted. They have no objection to the sale of the properties. There
are no outstanding demolition liens, taxes or other liens owed by the
purchaser.
An independent appraisal of the properties were conducted by Mr. Dennis
Walker, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New York 14209.
He has estimated the fair market value of the properties to be as follows:
907 Jefferson - Thirteen Hundred Fifty Dollars ($1,350.00)
25 Cayuga - Twelve Hundred Dollars ($1,200.00)
62 Pershing - Fourteen Hundred Dollars ($1,400.00)
This represents approximately Thirty Cents (.30) a square foot value for the
subject properties. The Division of Real Estate has investigated the sales of
similar properties in the area. Sale prices range from Seventeen Cents (.17) a
square foot to Forty Cents (.40) a square foot.
The results of our negotiations are that the Church Has offered and
agreed to pay Nine Hundred Dollars ($900.00) for 907 Jefferson, Seven Hundred
and Eighty Dollars ($780.00) for 25 Cayuga and Eight Hundred and Fifty Dollars
($850.00) for 62 Pershing. These purchase prices represent approximately
Twenty Cents (.20) a square foot for the subject parcels. The Church has also
agreed to pay for the cost of the appraisal, recording fees, transfer tax and
cost of the legal descriptions.
As Your Honorable Body knows, Mayor Masiello has been developing a
working partnership with various civic groups, churches, etc. The Refuge Temple
of Christ has demonstrated it's commitment to the Jefferson/High Street
community through it's development of the Church and surrounding properties and
programs to assist the elderly, children and residents of that community. I
know we all fully support the church's efforts in upgrading the community and
developing new housing for the residents of that area.
Therefore, I am recommending that Your Honorable Body approve the sale of
907 Jefferson, 25 Cayuga and 62 Pershing to the Refuge Temple of Christ in the
amount of Twenty-Five Hundred and Thirty Dollars ($2,530-00). 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 AND THE BUFFALO ENTERPRISE DEVELOPMENT
CORPORATION.
No. 17
Abandon and Sell
887 & 889 Kensington
The Comptroller's Office, Division of Real Estate has received
a request from Buffalo Enterprise Development to purchase 887 & 889 Kensington
Avenue, a vacant parcel of land having a frontage of 709.09 feet and a depth of
661.47 feet. The parcel was originally purchased by the City of Buffalo for
the construction of the Kensington Bailey Community Center which was later
built on Bailey Avenue. The parcel is being acquired for a linear industrial
park, along the proposed Northeast Buffalo Parkway.
Your Honorable Body may authorize the abandonment and sale of the
property in accordance with Article 27, Section 513 & 514 of the City Charter.
Should you approve the abandonment and sale the purchaser is required to
petition Supreme Court for the appointment of two appraisers to establish the
value of the City's interest in the property. The report of the appraiser is
then filed with the Common Council for final approval.
I am recommending that the Common Council authorize this office to
negotiate the abandonment and sale of the property to Buffalo Enterprise
Development Corporation and report the results of negotiations for final
approval.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 18
Info-Purchase Of 139 Doat Street
Item No. 18, C.C.P. 12/27/94
In the above referenced item Your Honorable Body authorized the
sale of 139 Doat Street to Mr. James Pope. Mr. Pope had negotiated a sale
price of Six Thousand Dollars ($6,000.00) for the property. After numerous
attempts by the Law Department to close on title and no response from the
purchaser, the sale was subsequently rescinded, Item #47, C.C.P. 7/11/95.
The Comptroller's Office, Division of Real Estate, has received a
communication, which is attached, from Mr. Pope's attorney, Mr. George Faust,
requesting to complete the purchase of the property, which has recently been
scheduled for demolition. He has also requested to address the Common Council
and explain the purchaser's problems encountered with closing on title to the
property.
I am recommending that the item be referred to the Finance Committee for
consideration.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 19
Sale of Property to State of New York portion of 854 Ellicott
The Office of the Comptroller, Division of Real Estate, has received
a notice of appropriation of land and an agreement from the People of the State
of New York, Office of Alcoholism and Substance Abuse Services to acquire 854
Ellicott Street.
The parcel in question is owned by the City of Buffalo and is adjacent to
the Buffalo General Hospital Parking Ramp. The State has been leasing the
property from the City for parking. The State has been paying the City Two
Hundred Thirty-Five ($235.00), since 1978.
The parcel is a small triangular piece of land consisting of
approximately 5,100 sq. ft. of land and the State of New York will compensate
the City of Buffalo Fifty-One Hundred Dollars ($5,100) for the parcel. This
represents $1.00 per sq. ft. value for the property. The Division of Real
Estate has examined the sales of properties in the area and the $1.00 value per
sq. ft. represents current market value for the property.
The appropriation by the People of the State of New York and payment are
made in accordance with Article 71 of the Mental Hygiene Statutes.
I am recommending that Your Honorable Body approve the sale of a portion
of 854 Ellicott Street to the People of the State of New York in the amount of
Fifty One Hundred Dollars ($5,100). I am further recommending that the Mayor
be authorized to execute the necessary agreements for the transfer of title.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
FROM THE PRESIDENT OF THE COUNCIL
No. 20
Appt.Mbr-Arts Commission
I would like to appoint Dr. Alex Drapanas to the Cultural Arts
Commission. As you know, Dr. Drapanas, a renowned Dentist and patron of the
arts is eminently qualified to serve in this capacity.
Most recently, Dr. Drapanas worked successfully to finalize the Merchant Marine
Monument at the Naval Park which culminated many years of planning.
With his expansive intelligence, personal commitment, and consummate
professionalism, Dr. Drapanas will truly be a shining asset to the Commission's
excellent pursuits.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 21
Fore closure Changes
The Department of Assessment is seeking to formalize guidelines
relative to the implementation of recently enacted legislation governing the
process of foreclosure for unpaid tax liens. This office is charged with the
duty of maintaining tax records and compiling the list of unpaid properties in
anticipation of foreclosure. One step in that process is to mail courtesy
letters to property owners advising them of the possibility of foreclosure if a
specific tax remains unpaid after a specific date. In order to prepare these
letters this office needs to determine what properties are in jeopardy based on
which year of tax remains unpaid and is to be enforced.
Our understanding of the new state provisions indicates any tax levied
after January 1, 1995 shall be included in the List of Foreclosure as early as
twenty-one months after lien date. Lien date is June 20 prior to issuance of
tax on July 1. This would mean that the City of Buffalo could file a
foreclosure list based on unpaid 1995-96 City Taxes as early as the Spring of
1997 for auction in the Fall of 1997. At the same time under provision of
previous legislation the City would also be foreclosing on the 1994-95 tax
liens thus requiring simultaneous foreclosures under different rules and
provisions. Chart A below reflects the foreclosure structure under prior laws
and Chart B shows foreclosure structure under new laws.
Chart A OLD FORECLOSURE LAWS
TAX YEAR FORECLSRE. LIST FILED AUCTION DATE
1994-95 March, 1997 October, 1997
1995-96 March, 1998 October, 1998
1996-97 March, 1999 October, 1999
1997-98 March, 2000 October, 2000
Chart B NEW FORECLOSURE LAWS
TAX YEAR FORECLSRE. LIST FILED AUCTION DATE
1995-96 March, 1997 October, 1997
1996-97 March, 1998 October, 1998
1997-98 March, 1999 October, 1999
1998-99 March, 2000 October, 2000
Recognizing the potential for confusion and the additional concern of
hardship on taxpayers having to pay all taxes from 1995-96 and prior before
March, 1997 to avoid foreclosure, this office is seeking to enforce unpaid
liens from 1995-96 and 1996-97 under the new legislation starting with the
filing of the List of Foreclosure in the Spring of 1998 with the actual auction
in the Fall of 1998. This would allow the city to operate under one set of
foreclosure laws and would afford taxpayers ample opportunity to make provision
for the payment of all tax liens necessary to avoid foreclosure.
Chart C PROPOSED FORECLOSURE STRUCTURE
TAX YEAR FORECLSRE. LIST FILED AUCTION DATE
1994-95 March 1997 October 1997
Old Legislation
1995-96 March, 1997 October, 1998
New Legislation
1996-97 March, 1997 October, 1998
New Legislation
1997-98 March, 1999 October, 1999 New Legislation
1998-99 March, 2000 October, 2000
New Legislation
Since this process will require the support and efforts of many city
offices and agencies and extensive publication and notification to taxpayers I
am notifying the Common Council and all interested parties of the Department of
Assessment's intention to enforce the 1995-96 tax lien with the foreclosure
sale in the Fall of 1998. At that time we will proceed with enforcement of
both the 1995-96 and 1996-97 tax liens. Additionally, I am requesting input
from your Honorable Body and any other agency relative to issues and concerns
relating to the new legislation and the proposed foreclosure process.
Given the need to start notifying taxpayers as soon as possible of any
change in the foreclosing process, your immediate attention to this matter will
be greatly appreciated.
REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE CORPORATION COUNSEL.
No. 22
Certiorari Proceedings
CJD Real Property, Inc,
92 and 94 Claremont Avenue
Fiscal Years 1996-97
This is to advise that the owner, CJD Real Property, Inc., has
instituted certiorari proceedings on 92 and 94 Claremont Avenue, Buffalo, New
York, regarding the assessment for the fiscal year 1996-97 (taxable status
dated December 1, 1995).
The assessment was reviewed by this department and the owner expressed a
willingness to settle the proceeding.
The final assessment for the fiscal year was $90,000 for 92 Claremont
Avenue and $65,000 for 94 Claremont Avenue for a total of $155,000.
The owner is agreeable to a settlement which would result in a reduction
from $155,000 to $1 10,000 for the fiscal year 1996-97 on the combined
properties. The amount of City taxes on $155,000 are $2,971.35. The City taxes
on $110,000 are $2,108.70, a reduction of $862.25.
Based on a review of the current market value of the property, and based
on the fact that the combined properties sold for a total of $90,000 in August,
1995, I feel this settlement would be in the best interest of the City. I
recommend, therefore, this settlement, in which the Department of Law concurs.
The proposed settlement is subject to Common Council approval. I
therefore request that the Corporation Counsel be authorized to settle the
1996-97 tax certiorari proceeding on 92 and 94 Claremont Avenue, Buffalo, New
York, by reducing the combined assessments from $155,000 to $110,000.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 23
Notification Serial #8697
Repeal of Permissive Parking on Delaware Avenue, east side between a point 125'
north of the south curbline of Shoreham Parkway extended and Avery Avenue
PERMISSIVE PARKING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by repealing therefrom the following:
PERMISSIVE PARKING
PERMISSIVE PRKING LOC. PERIOD OF PERMISSIVE
PKG-DAILY
Delaware Avenue, east side I hour parking
between a point 125' north of 7: 00 a.m. to 7: 00 p.m.
the south curbline of Shoreham Pkwy.
extended and Avery Avenue
This action is being taken in conjunction with the Delaware Consumer Square
project.
Notification Serial #8698
Repeal of No Standing
on Delaware Avenue, east side
between Avery Avenue
and Sanders Road
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by repealing therefrom the following: NO
STANDING
PROH.PORTION-HIGHWAY PROHIBITED PERIOD
Delaware Avenue, east side At all times
between Avery Avenue
and Sanders Road
This action is being taken in conjunction with the Delaware Consumer Square
project.
Notification Serial #8699
Installation of Permissive Parking on Delaware Avenue, east side between a
point 125' north of the south curbline of
Shoreham Parkway extended
and Hartwell Road
PERMISSIVE PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing-existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by adding thereto the following: PERMISSIVE
PARKING
PERM. PKING.LOC. PERIOD-PERM. PKG. DAILY
Delaware Avenue, east side I hour parking
between a point 125' north of 7:00 a.m. to 7:00 p.m.
south curbline of Shoreham Parkway extended
and Hartwell Road
This action is being taken in conjunction with the Delaware Consumer Square
project.
Notification Serial #8700
Installation of No Standing on Delaware Avenue, east side
between Hartwell Road and Sanders Road
NO STANDING - 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 22 Section 15 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by adding thereto the following: NO STANDING
PROH.PRTN.-HIGHWAY PROHIBITED PERIOD
Delaware Avenue, east side At all times
between Hartwell Road
and Sanders Road
This action is being taken in conjunction with the Delaware Consumer Square
project.
Notification Serial #8701
Repeal of Permissive Parking
on Delaware Avenue, east side
between Sanders Road
and a point opposite the south curbline
extended of Ramsdell Avenue
PERMISSIVE PARKING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by repealing therefrom the following:
PERMISSIVE PARKING
PERM.PRKING LOC. PERIOD OF PERMISSIVE
PKG.-DAILY
Delaware Avenue, east side 1 hour parking
between Sanders Road 7: 00 a. m. to 7: 00 p. m.
and a point opposite the south except Sunday
curbline extended of
Ramsdell Avenue
This action is being taken in conjunction with the Delaware Consumer Square
project.
Notification Serial #8702
Installation of No Parking
on Delaware Avenue, east side between Sanders Road and a point opposite the
south curbline extended of Ramsdell Ave.
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 23 Section 15 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by adding thereto tile following: NO PARKING
PROH. PORTION OF HIGHWAY PROHIBITED PERIOD
Delaware Avenue, east side At all times
between Sanders Road
and a point opposite the south
curbline extended of
Ramsdell Avenue
This action is being taken in conjunction with the Delaware Consumer Square
project.
Notification Serial #8703
Repeal of No Left Turn on Delaware Avenue, southbound at Avery Avenue
REGULATION OF TURNS - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Section 37 of Chapter 479 of Ordinances of the City of
Buffalo be supplemented by repealing therefrom the following-. REGULATION OF
TURNS
STREET AT INTERSECTION HOURS DIRECTION PROHIBITION
Delaware Ave. Avery Avenue Daily southbound No Left Turn
7:00 a.m. -10:00 a.m.
4:00 p.m. - 7:00 p.m.
This action is being taken in conjunction with the Delaware Consumer Square
project.
RECEIVED AND FILED.
No. 24
Report of Bids
Repair to City Manholes-1996/97
Group #436
Item No. 115 C.C.P. 9/19/95
This is to advise your Honorable Body that I have advertised and
received bids on August 28, 1996 for Repair to City Manholes 1996/1997.
In obtaining bids for the above project, I have asked for bids on a unit
price covering the various items of work and material which will be performed.
The final cost of the work will be based on the actual measured quantities of
materials entering into the work and may be either more or less than the total
bid.
The following bids were received: Unit Price
Base Bid Increase
A.B.P. Concrete Const. $86,485.00 $100,000.00
M. Passucci Const. Inc. $111,325.00*$124,840.00
Sunshine Concrete Co., Inc. $113,950.00 $127,465.00
* Adjusted Amount
I hereby certify that the lowest responsible bidder for the above project
is A.B.P. Concrete Construction, Inc.
I respectfully recommend that your Honorable Body order the work, the
cost thereof to be charged to the Capital Projects Fund #200-401-507-00-000 in
an amount of $ 86,485.00, plus approved unit prices not to exceed $13,515.00,
for a total encumbrance of $100,000.00. The engineer's estimate for this work
is $100,000.00.
The attached is certified to be a true and correct statement of the two
(2) lowest bids received. Under provisions of the General Municipal Law, any
of the bidders may withdraw his bid if an award of the contract is not made by
October 15, 1996. Individual bid submissions are available in our office for
inspection and copies are available upon request.
Mrs. LoTempio moved:
That the above communication from the Commissioner of Public Works dated
September 3, 1996, be received and filed: and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for the Repair to City Manholes 1996/97 Group #436, to A.B.P.
Concrete Construction, Inc. the lowest responsible bidder in an amount of
$86,485.00 plus approved unit prices not to exceed $13,515.00, for a total
encumbrance of $100,000.00, with said cost to be charged against the Capital
Projects Fund #200-401-507-00-000.
PASSED.
AYES - 13 NOES - 0
No. 25
Report of Bids
Plaster Restoration Historical Society
Buffalo, NY
I advertised for on August 27, 1996 and received the following
sealed proposals which were publicly opened and read on September 10, 1996.
Mader Construction Corp. $107,500.00
WNY-MAC Association, Inc $114,500.00
Pine Ridge Enterprises $118,000.00
I hereby certify that the foregoing is a true and correct statement of all bids
received and that Mader Construction Corp., in the amount of One Hundred Seven
Thousand Five Hundred and 00/100 Dollars ($107,500.00) 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 are
available in CPF 200-402-060 - Division of Buildings.
Estimate for this work was $120,000.00.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated
September 10, 1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Plaster Restoration Historical Society to Mader
Construction Corp., the lowest responsible bidder in the amount of $107,500.00.
Funds for this project are available in the CPF 200-402-060 - Division of
Buildings.
PASSED.
AYES - 13 NOES - 0
No. 26
Permission to Prepare Plans & Specifications and Advertise for Proposals for
the Repair to City Pavements - 1996/97 Group #439
I hereby request permission from Your Honorable Body to prepare
plans, specifications and advertise for sealed proposals for Repair to City
Pavements - 1996/97 at various locations. Funds for this project are available
in Division of Engineering Capital Projects
Fund #200-401-507-00-000.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated
September 10, 1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
prepare plans, specifications and advertise for sealed proposals for Repair to
City Pavements - 1996/97 at various locations Group #439. Funds for this
project will be available in Division of Engineering Capital Projects Fund
#200-401-507-00-000.
PASSED.
AYES - 13 NOES - 0
No. 27
Ohio Street Lift Bridge
Emergency Repair to the Drive System
As the result of a bridge shutdown due to a malfunction, the Commissioner
of Public Works has declared an emergency on the Ohio Street Lift Bridge.
On July 15, 1996, we received a signal on the computer that the bridge was
going out of balance and would shut down. The proper contractors, in most
cases sole vendors, were called in to investigate the problem. The following
are a list of contractors called:
1. P.C. Logic - Computer - Sole Vendor
2.. Square "D" - Drive System - Sole Vendor
3. Ferguson Electric - Supplier of Motors - Sole Vendor
4. Torrington Bearing - Supplier of Bearings - Sole Vendor
5. Hohl Industries - Mechanical Contractor under contract with the City
performing similar work on the Michigan Avenue Lift Bridge
Therefore, I hereby request Your Honorable Body to allow the Commissioner of
Public Works to continue to investigate the problem and make the necessary
repairs.
Funds for this emergency work are available in the Division of Engineering
Budget Account No. 200-401-015-00-000.
When complete, we will report the results of this work to the Common Council.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated
September 3, 1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
investigate the Emergency Repair to the Drive System on the Ohio Street Lift
Bridge and to award the contract to the lowest responsible bidder and
investigate with out the funds.
PASSED.
AYES - 13 NOES - 0
No. 28
Increase In Contract - Change Order No. 1
Elmwood Avenue - W. Delavan to Forest
Curb & Walk 1996- Group #414
A.B.P. Concrete Construction, Inc.
Contract #91855200
Item No. 21, C.C.P. 4/2/96
I hereby submit to your Honorable Body the following lump sum
and unit price additions to the contract for the above named Project. This
change order is necessary for the total replacement of water service boxes and
fresh air vents, tree removal, and construction of a retaining wall at #1020
Elmwood Avenue. Quantities necessary for the completion of defective areas are
beyond the original scope of this contract and were unforeseen.
New Contract Neg. Est.. Est.
Items Description Unit Pr. Quantity Cost
08.640 Sewer Frame Adj. $200.00 ea.14.0 $2,800.00
08.645 Brick M.H. Courses $65.00 ea. 45.0 $2,925.00
09.614 Water Serv,Bx, Repl. $450.00 ea. 38.0 17,100.00
08.910 Fresh Air Vent, Rept. $300.00 ea. 15.04 4,500.00
05.420 Sawcut Pavement $9.50/i.f 1197.41 1,375.00
11.200 Tree Removal $150.00 ea. 24.0 3,600.00
555.0101Retaining Wall $6,500.00 Lump Sum 6,500.00
06.220 Deep Meter Cabinet $1,200.00 Lump Sum 1,200.00
Foundation
Total Change Order No. 1 $50,000.00
Contract Summary
Contract Base Bid $444,597.70
Increase in Contract-Change Order #1 50,000.00
New Contract Amount $494,597.70
Funds for this change order ($50,000.00) are available in Division of
Engineering Bond Fund Account #200-401-559-00000. This work will not require
an extension of time.
I respectfully certify that this change order is fair and equitable for the
work involved, and respectfully request that your Honorable Body approve the
subject Change Order and authorize the Commissioner of Public Works to issue
said change order to A.B.P. Concrete Construction, Inc.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 29
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. Furnish and install the following food service equipment in Kitchen 106:
Range - Garland Model No. H288, 3 compartment sink - Metal Masters Model No.
412-16-3-18, undercounter dishwasher - Hobart Model No. LX18C, and
refrigerator/freezer, reach-in Traulsen Model No. ADT 2-26 WUT. Add
$15,455.00
The foregoing change results in a net increase in the contract of Fifteen
Thousand Four Hundred Fifty Five and 001100 Dollars ($15,455.00).
Summary:
Original Amount of Contract $3,151,000.00
Change Order No. 1, CCP 01/09/96; Item 11 Add $87,853.00
Change Order No. 2, CCP 01/23/96; Item 22 Add $6,544.00
Change Order No. 3, CCP 02/20/96; Item 51 Add $7,416.00
Change Order No. 4, CCP 05/14/96, Item 30 Add $737.00
Change Order No. 5, CCP 07/09/96; Item 15 Add $15,443.00
Change Order No. 6, CCP 07/23/96; Item 39 Add $13,647.00
Change Order No. 7, CCP 09/03/96; Item 40 Add $4,083.00
Amount of This Change (No. 8) Add $15,455.00
Revised Amount of Contract $3,302,178.00
These changes could not be foreseen at the time contract was let. Costs have
been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work will be available in B/F 200-402-022 - 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.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 30
Change in Contract
Pool Reconstruction 1996
General Contract Work
I hereby submit to Your Honorable Body the following changes for
the Pool Reconstruction, Patterson-Stevens, Inc. - C #91852000.
1. Repair main pool drain grate and pool membrane due to vandalism.
Add $1,378.60
The foregoing change results in a net increase in the contract of One Thousand
Three Hundred Seventy Eight and 60/100 Dollars ($4,083.00).
Summary:
Original Amount of Contract $32,600.00
Change Order No. 1, CCP 09/03/96, Item #37 Add $11,315.75
Amount of This Change (No. 2) Add $1,378.60
Revised Amount of Contract $45,294.35
These changes could not be foreseen at the time contract was let. Costs have
been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work will be available in B/F 200-402-063 - Division
of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 31
1459 Hertel Avenue;
Existing Sidewalk Cafe
Item No. 30; C.C.P., 05/20/83
Vincent and Mary Giamo, owners of Cheers Restaurant, located at
1459 Hertel Avenue, have requested permission to utilize an existing sidewalk
cafe installed by the previous owner of said restaurant.
The existing cafe was approved by Your Honorable Body as per Common Council
Proceeding, Item No. 30 of May 20, 1983. However, because Chapter 413-59 G.
(Sidewalk Cafes) of the City Ordinances states all permits issued shall be
nontransferable, the new restaurant owners are reapplying.
The Department of Public Works has reviewed this application and has no
objection to Your Honorable Body authorizing the Commissioner of Public Works
to issue a "mere license" to encroach City right-of-way provided the following
conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary.
2. That the sidewalk cafe does not exceed forty-five feet (451) in length or
extend more than eight feet (31) from the building face.
3. That no portion of the sidewalk cafe be permanent in nature or permanently
affixed to the main building or public sidewalk.
4. That the sidewalk cafe be completely removed from City right-of-way from
November 15 to April 1 each year.
5. That the applicant be assessed the annual fee of two dollars per square foot
of City right-of-way occupied by said sidewalk cafe as described in Chapter
413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances.
6. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000.00) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 32
Certificate of Appointment
Appointment Effective September 9, 1996 in the Department of Public
Works, Division of Water, Phyllis A. Dombrowski, 477 Fillmore Avenue, Buffalo,
14206, to the Position of Senior Clerk, Permanent, at the Maximum Starting
Salary of $23,919.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 33
Certificate of Appointment
Appointment Effective 9-5-96 in the Department of Public Works,
Division of Engineering, Donald J. Poleto, 88 Payne Ave., Buffalo, NY 14220, to
the Position of Sr. Engineering Aide, Permanent, at the Intermediate Starting
Salary of $25,702.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 34
Checks Received
Item No. 104, C.C.P. 2/2/88
8155-00103495 - $528.60
8155-00103486 - 1,132.20
8155-00103487 - 1,957.80
8155-00103490 - 587.40
8155-00103494 - 9,985.20
Total Deposit - $14,191.20
The above referenced property has been administratively forfeited by the Drug
Enforcement Administration. (DEA). These checks were received by this
Department and duly deposited in the Trust & Agency Account,
610-200-217-00-300.
RECEIVED AND FILED.
No. 35
Certificate of Appointment
Appointment Effective September 3, 1996 in the Department of Police,
Gregory M. Danieu, 213 Okell Street, Buffalo, New York 14220, to the Position
of Motor Equipment Mechanic, Permanent, at the Maximum Starting Salary of
$28,311.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF FIRE
No. 36
Reimbursement of Expenses
Firefighter Donald Herbert Family
Payment is requested for some bills incurred by the family of
Firefighter Donald Herbert while he was at Erie County Medical Center following
the December 1995 collapse on Inter Park. The total of $418.94 is for
telephone service in the room, medication and psychotherapy. Copies of the
bills are enclosed.
REFERRED TO THE COMMITTEE ON CLAIMS.
No. 37
Certificate of Appointment
Appointment Effective September 9, 1996 in the Department of Fire,
Jill Repman-Parisi, 178 Ridgewood, Buffalo, 14220, to the Position of Account
Clerk Typist, permanent, at the Intermediate Starting Salary of $21,732.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CORPORATION COUNSEL
No. 38
Public Collection of Solid Waste
Rules and Regulations
Item No. 187, C.C.P., 9/3/96
Attached for filing is a copy of the Department of Street Sanitation's
rules and regulations for the public collection of solid waste.
RECEIVED AND FILED.
No. 39
Public Collection of Solid Waste and
User Ordinances
Item Nos. 187, 188, C.C.P., 9/3/96
Please find attached for filing amended versions of the amendments
to Chapter 216, Garbage, Rubbish and Refuse, and to Chapter 175, Fees. These
changes to the amendments to Chapter 216 reflect the concerns expressed by this
Honorable Body regarding the complaint procedure, 216-62, with authorization
added to allow the Commissioner of Street Sanitation to waive interest in the
event of a dispute over the amount of the fee if the disputed amount is less
than $50, 216-15(F). The amendments also address consolidation of adjoining
parcels, 216-57. The changes to the amendments to Chapter 175 are revisions of
the commercial rates in light of the conclusions of the rate consultant,
Malcolm Pirnie.
RECEIVED AND FILED.
No. 40
Removal of Promotional Signs
Item No. 182, C.C.P., 9/3/96
You have requested the Law Department to draft an ordinance amendment
which would require promotional signs posted by individuals, groups and
businesses to be removed within twenty-four (24) hours after the end of the
promoted event. The request also seeks to authorize the Bureau of
Administrative Adjudication (the "Bureau") to remove the sign and issue a
summons for the violation of the ordinance. The enforcement effort would
include a rebuttable presumption that the sign was illegally posted by the
party identified on the sign.
The Code of the City of Buffalo ("Code") already contains provisions which make
the improper posting of signs illegal. Section 387-4 (A) prohibits the posting
of signs on electric lightposts, telephone poles or other poles or on
structures without a license. The penalty for illegal posting, as stated in
Section 387-26, is Two Hundred and Fifty Dollars ($250.00) per offense.
If the sign is attached to a tree, that act is prohibited by Section 467-5 of
the Code. The penalty for that is a fine not exceeding One Thousand and Five
Hundred Dollars ($1,500.00) or imprisonment for a period not exceeding fifteen
(15) days or both.
The Bureau does not have the power to issue penalties such as imprisonment. It
may only impose fines on those found guilty of violating ordinances under its
jurisdiction. At present, the Bureau does not have jurisdiction to issue
summonses in relation to illegal posting. If the Common Council were to enact
ordinance amendments granting such jurisdiction, the penalties would be limited
the financial penalties prescribed by the respective ordinances.
The Common Council cannot by ordinance determine or govern the weight and
effect of evidence presented in defense of an illegal posting charge.
Rebuttable presumptions are evidentiary rules, which are developed by state or
federal law. Any evidentiary determination within an ordinance would have to
reflect current state or federal law. The City of Buffalo does not need to
place such a presumption in an illegal posting ordinance because an individual
receiving a summons would be entitled to a fair and impartial hearing before an
administrative law judge. Any questions of fact will be decided at that stage
and do not need to be addressed in the ordinance.
Since the Code already contains measures to deal with illegal posting, the only
ordinance amendments required would be those necessary to give the Bureau of
Administrative Adjudication jurisdiction over such activity.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 41
Advisory Referenda
Item No. 163, C.C.P., 7/9/96
Opinion No. 96-31
You have requested a report from the Law Department regarding
the correct usage of referenda in governing the City of Buffalo. You wanted to
know what instances allow for referenda, how the wording is determined and when
they must be submitted to make the ballot of the next general election. You
also requested the Corporation Counsel to prepare a policy for the City's
utilization of referenda.
"It is clear enough that in the absence of express statutory authority, an
advisory referendum by a city is not authorized." Meredith v. Monahan, 304
N.Y.S.2d 638 at 642. Generally, such express statutory authority is found in
the Municipal Home Rule Law ("MHRL"). Consequently, only certain legislative
proposals can be put forward for referendum. Any proposal not authorized by
Section 23 (2) or Section 24 (2) of the MHRL must be considered advisory.
Section 23 of the MHRL identifies eleven types of local laws that must be
brought to referendum for approval by the voters. These are known as mandatory
referendum. Section 24 of the MHRL identifies nine types of local laws that
may be put to public referendum upon a petition by at least five percent (5%)
of the qualified voters in the City. These are known as permissive referendum.
In the absence of statutory authority, a referendum on any other matter would
be considered advisory and cannot be done. Copies of Sections 23 and 24 of the
are attached for your review.
A referendum is held to give the electors a chance to ratify the actions of
their elected officials for those matters specified in State statutes. Section
411 of the Charter of the City of Buffalo (the "Charter") allows the Common
Council to "submit to the electors of the city for determination by them at a
general or special election, any question or questions relating to a subject
upon which the council has power to act." That power to act is limited by
State law and most subjects actionable by the Council are not subject to
referendum. A referendum cannot be held unless specifically enumerated in
State law.
Pursuant to Section 23 of the MHRL, after the applicable local law or
resolution calling the question is adopted, the local law subject to mandatory
referendum shall be submitted to the electors at the general election held
within ninety (90) days after such adoption, unless the local law or resolution
provides that the question go to a special election or unless within thirty
(30) days of its adoption, an authenticated petition is received by the City
Clerk seeking to submit the question to a special election. If there is no
general election within ninety (90) days after the adoption, the Council may
order that the question be submitted at the next general election or at a
special election. The special election shall then take place not less than
sixty (60) days after the adoption of the local law on a date fixed by the
Common Council. It should be noted that this conflicts with Section 416 of the
Charter, which calls for the special election to be held not less than thirty
(30) days nor more than more than sixty (60) days after the resolution becomes
effective. In this conflict, the State law controls and the timing is
determined by the MHRL. Section 416 of the Charter is void as it pertains to
referenda in special elections.
However, not all Charter sections related to referenda are invalid. For
example, the rules of form for a referendum are put forward in Section 414 of
the Charter. The question must be fairly stated and if the question calls for
the expenditure of city money, the estimated amount of that expenditure must be
specified. The form of a referendum may be determined by the drafter, who
could be a member of the Council, Council Staff, or anyone who can successfully
enunciate the question. However, if it is not prepared by the Law Department,
the final version must be approved as to form by the Corporation Counsel.
The City Clerk, pursuant to the New York State Election Law Section 4-108, must
submit the question for all mandatory and permissive referenda to the Board of
Elections at least thirty-six (36) days prior to Election Day. For this year,
September 30, 1996 is the last day to possibly submit a question for
consideration. If it is submitted for a special election, the Clerk must also
include the date of such election. Pursuant to Section 4-114 of the Election
Law, the Board of Elections will then determine or certify the questions
presented for that election. The week preceding the election, the resolution
calling the question must be published by the Board of Elections twice in the
local daily newspaper as required by Section 418 of the Charter.
The City of Buffalo cannot consider a referendum policy which is different from
State law. Advisory referenda without statutory authority are not permitted by
law. The use of public money, public property, and/or municipal employees on
public time to conduct an informal sampling of public opinion is also illegal
when the poll results are used to as the controlling criterion of the
Councilmember's position. 1981 N.Y. Op. Atty. Gen. (Inf.) 154. The State has
specifically constructed statutes which govern how and when a municipality can
hold a referendum.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 42
Licenses Issued July 1996
I am respectfully submitting the enclosed report of licenses issued
in the month of July 1996 by the Division of Neighborhoods, Licenses and
Permits.
RECEIVED AND FILED.
No. 43
EAF ECIDA, Request to Erect a Compressor
Building and Pipeline at 95 Katherine St
Item No. 154, C.C.P., 9/3/96
Attached for your information is the Short Environmental Assessment
Form for the matter referenced above.
Mrs. LoTempio moved:
That the communication from the Department of Community Development, Division
of Planning, dated September 10, 1996, be received and filed; and
That "ECIDA/BOC Erection of a Compressor Building and Pipeline at 95 Katherine
Street," is an unlisted action as defined in 6 NYCRR Part 617.11. The Common
Council has approval authority over this item, and is therefore an involved
agency as defined in 617.11. As part of an uncoordinated review, the Common
Council has evaluated an Environmental Assessment Form (EAF) on this item which
has been completed by the applicant (Part 1) and by the City Planning Board
(Part II); and
Having made an independent assessment of the information contained in the EAF,
the Common Council adopts the findings set forth in Part II and, as a result,
finds that this proposed action will not result in any significant adverse
environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 44
EAF Duker Inc.
Request to Use 356 Hopkins
Electro Plating Operation
Item No. 152, C.C.P., 9/3/96
Attached for Your information is the Short Environmental Assessment
Form for the matter referenced above.
Mrs. LoTempio moved:
That the communication from the Department of Community Development, Division
of Planning, dated September 10, 1996, be received and filed; and
That "Duker Inc - Request to Use 356 Hopkins as an Electro Plating Operation,"
is an unlisted action as defined in 6 NYCRR Part 617.11. The Common Council
has approval authority over this item, and is therefore an involved agency as
defined in 617.11. As part of an uncoordinated review, the Common Council has
evaluated an Environmental Assessment Form (EAF) on this item which has been
completed by the applicant (Part 1) and by the City Planning Board (Part II);
and
Having made an independent assessment of the information contained in the EAF,
the Common Council adopts the findings set forth in Part II and, as a result,
finds that this proposed action will not result in any significant adverse
environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 45
EAF - Cohen, Hyman, Cohen and Leonard
Request to Erect an Accessory Building
1342 South Park
Item No. 153, C.C.P., 9/3/96
Attached for your information is the Short Environmental Assessment
Form for the matter referenced above.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 46
Main-LaSalle Revitalization
Plan - SEQR Lead Agency
Designation
Please be advised, prior to the implementation of the above referenced
project, the requirements of the New York State Environmental Quality Review
Act (SEQR) must be satisfied.
The project, as defined under SEQR, is a Type I action. As per Section 617.6
of the regulations, a Lead Agency responsible for determining the effect of the
action on the environment must be designated from among the involved agencies
within 30 calendar days of the date of this letter. The Department of
Community Development proposes to assume Lead Agency status for this project
and respectfully requests your consent to this designation. The project
Environmental Assessment Form (EAF) is enclosed for your review.
This Lead Agency request was submitted to all the other involved agencies
listed in the EAF.
If your Honorable Body has no objections to the designation of the Department
of Community Development as Lead Agency, please sign this letter and return it
to Gregory Bernas, Department of Community Development, Division of Planning,
Room 901 City Hall, Buffalo, New York 14202.
The Buffalo Common Council accepts and approves of the designation of the
Department of Community Development as Lead Agency for the above referenced
project.
Mrs. LoTempio moved:
That the communication from the Department of Community Development, dated
September 12, 1996, be received and filed; and
That the Department of Community Development be, and hereby is designated to
act as Lead Agency for Main-LaSalle Revitalization Plan in accordance with
Section 617.6 of the New York State Environmental Quality Review Act.
PASSED.
AYES - 13 NOES - 0
No. 47
City Centre
Presented for your approval are two resolutions which have been
approved by the Buffalo Urban Renewal Board at their meeting of June 21,1996.
The New York State General Municipal Law requires that the Common Council
approve the alienation of BURA property. BURA is about to borrow $1.3 million
and give back a first lien interest on BURA property at the City Center and the
Webster Block. The City Centre Loan will be replaced by a 108 loan. The
Webster Block loan however will be serviced by BURA until its' repayment.
Secondly, presented for your information and approval is a resolution which
authorizes the amendment of a Financial Assistance Agreement by and between the
City Centre Developers, M & T and BURA, dated June L 1992. Essentially, the
amendment releases certain pledged real estate and other assets and relies
instead upon the full faith and credit of BURA. In as much as the assets of
BURA include real property which could be alienated as a result of this pledge,
it is felt that Councilmatic approval would be appropriate.
I therefore request that you approve these resolutions and I will make myself
available for further explanations and to answer any questions.
Mrs. LoTempio moved:
That the communication from the Department of Community Development, dated
August 29, 1996, be received and filed; and
That the action by the Buffalo Urban Renewal Agency ("BURA") to authorize the
amendment of the Financial Assistance Agreement with City Centre and M&T Bank
("FAA") to provide for full recourse to the assets of BURA in return for the
release for full recours to the assets of BURA in return for the release of the
collateral currently pledged for the performance of the FAA, be and hereby is
ratify and approved, and
That the action by the Buffalo Urban Renewal Agency ("BURA") to mortgage the
BURA property at City Centre and the Webster Block to accomplish a bridge loan
for the completion of the City Centre Ramp and retirement of the Webster Block
Mortgage be, and hereby is ratified and approved.
PASSED.
AYES - 13 NOES - 0
No. 48
S. Rzepkowski - Complaint
Use of 250 Kensington (Hewett-Robbins Site)
Item No. 146, C.C.P., Sept 3, 1996
A permit was duly issued for appropriate use of 250 Kensington
(Hewitt-Robbins site). A SEQR was not required. The issuance of said permit
was a matter of right and does not violate any existing code.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 49
M. Winters & O - Complaints
Condition of 34 Moeller
Item No. 161, C.C.P., Sept. 3, 1996
This property has been written for Housing Court and is now under
their jurisdiction.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 50
Vandalism at Franczyk Park
Item No. 179, C.C.P., Sept 3, 1996
The Department of Community Development is working with the Department
of Human Services, Parks, and Recreation to assess the damage done to the park
and develop cost estimates for appropriate repairs. Also, cost estimates will
be prepared for design work requested by neighborhood residents and as
previously supported by the Council President, the District Councilmember and
others. Regarding maintenance and security issues of the park, I respectfully
defer to my colleagues at the Parks and Police Departments. The Department of
Community Development is responsible for the identification of funds and design
work.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 51
License Delis
Item No. 180, C.C.P., Sept. 3, 1996
The Department of Community Development supports all efforts to
make delicatessens and other neighborhood-based businesses good community
partners and responsible stakeholders in the City of Buffalo. Nonetheless,
City government should not unnecessarily impede the entrepreneurial initiatives
of city residents and other investors. It is generally assumed that
individuals or corporations who want to operate a business in the City of
Buffalo are doing so with the best of intentions and voluntarily striving to
meet the highest community standards, including public health and safety
concerns. However, those business operators who fail to voluntarily strive to
provide the best product for customers or who break public health and safety
laws are usually driven out of business by consumer advocacy, market forces,
fines and imprisonment, or other consequences.
The City of Buffalo, the County of Erie, and New York State collectively have a
number of public health and safety laws and codes that regulate delicatessens,
neighborhood corner stores, and other like establishments. I am initially
inclined to believe that much of the city's problem with unprincipled
delicatessen owners may be resolved by City, County, and State officials better
enforcing existing laws, codes, and regulations, working in concert with
neighborhood-based leaders and others. The Deli Task Force is taking this
approach. The Task Force is made of police officers, building inspectors,
neighborhood advocates, and others targeting duplicitous delicatessens and
corner stores and citing them for building, public health and safety
violations. I encourage the expansion of these types of partnerships and will
direct Community Development staff toward the vigilant code enforcement of all
buildings and structures that neighborhood leaders and residents identify as
shoddy community partners.
Absent the implementation of a new licensing mechanism, an examination and
enforcement of existing zoning codes should also be considered. Presently,
neighborhood corner stores, delicatessens, and other like establishments are
only permitted in areas zoned C1 "Neighborhood Business District." A business
established in an area not zoned for the conduct of said business violates
existing city codes and should be closed or removed to a properly zoned area
for the conduct of said business. However, many corner stores and
delicatessens operate in residentially-zoned areas because they meet
"non-conforming use" codes. The Common Council may consider amending
"non-conforming use" codes to exclude corner stores and delicatessens from
establishing themselves in residential neighborhoods where corner stores and
delicatessens where non-existent.
Presently, the only license that the City provides to delicatessens is a
'Cooked Meats License." To develop a full licensing mechanism for such
establishments, I recommend that the Common Council assign to the Deli Task
Force the duty of drafting criteria and enforceable regulations to govern the
activities of said commercial enterprises. There must be a definition of what
a delicatessen is and I suggest that this be done by square footage. In this
way, the City will assure those commercial ventures that do not fall under this
"delicatessen" category that they will not be impeded in the conduct and
expansion of their businesses.
I encourage the expansion of the Deli Task Force to include representation of
all Councilmanic districts and Police precincts. An expanded Task Force could
more fully explore the varied issues involved in regulating delicatessens
across the City of Buffalo. I would charge the Task Force in drafting
legislation that creates a delicatessen licensing review board to oversee the
issuance of deli licenses, to hear violations, to revoke licenses, to decide
appeals that are filed, and other such functions. I would also encourage the
Task Force to examine the ways in which the City might link the issuance of
deli licenses to those business operators who want to sell beer and other
liquor. Such a relationship will provide the City with more control over the
opening of delicatessens and expand the City's excellent working relationship
with the State Liquor Authority.
But I must re-emphasize my initial concern that the City cannot afford to
capriciously hinder entrepreneurial and business development in neighborhoods.
Excessive licensing and the undue regulation of free enterprise affects
individuals who are or may become good community and neighborhood partners. We
should be encouraging small business development and family-owned businesses in
our neighborhoods and commercial strips as much as working to attract bigger
firms and businesses to other areas of the city. This principle should guide
the spirit of any new law or license.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 52
LDA - 625-637 Main Street (Market Arcade Facades)
70 West Chippewa Corp.
The City of Buffalo Urban Renewal Agency duly designated 70 West
Chippewa Corp. and/or joint venture, partnership, corporation or other legal
entity to be formed as the qualified and eligible Redeveloper for the subject
parcel.
The Agency has also determined that the proposed Land Disposition Agreement
negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A of the
General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a Resolution
authorizing the disposition of the land to the Redeveloper, which the Agency
has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 53
Change in Contract 91938800
Allendale Theater
Electrical Construction
During the construction of the above project certain items that
were unforeseen at the time of the bids were let, required attention. Also
TOY, the future operator of the Allendale Theater, requested some changes.
Therefore, we recommend that the following changes be made to Contract 91838800
with Frey Electrical Construction Co., Inc.
Change for roof top heating unit ADD $1,537.58
Change for Fire Department required voice alarm system
ADD $10,761.07
Total of changes requested by TOY's theater consultant
ADD $5,380.75
Various changes dealing with "WLP" isle lighting junction boxes plus theatrical
changes ADD $5,826.10
TOTAL ADD $23,505.50
Contract Summary:
Original Contract Amount$162,000.00
Change Order No. 1 (This Increase) $23,505.50
New Contract Amount$185,505.50
These cost have been reviewed and approved by Trautman Associates, project
architectural consultant. Funds for this extra work will be available in
C.P.A. 200-717-041.
I recommend that Your Honorable Body authorize the Commissioner of Community
Development issue a change order to Frey Electric Construction Co., Inc. as set
forth above.
Mrs. LoTempio moved:
That the communication from the Department of Community Development, dated
September 12, 1996, be received and filed; and
That the Commissioner of Community Development be, and he hereby is, authorized
to issue change order No. 1 to Frey Electrical Construction Co., Inc., changes
resulting in a net increase in the amount of $23,505.50, as more fully
described in the above communication, for work relating to the Allendale
Theater, Contract 91838800. Funds for this project are to be charged to C.P.A.
200-717-041.
PASSED.
AYES - 13 NOES - 0
No. 54
Change in Contract 91840600
Allendale Theater
General Construction
During the construction of the above project certain items that
were unforeseen at the time the bids were let, required attention. Also TOY,
the future operator of the Allendale Theater, requested some changes.
Therefore, we recommend that the following changes be made to Contract 91840600
with Gianada Construction Corp.
Include steel catwalks (add alternate from original bid package).
ADD $85,000.00
Removal and replacement of deteriorate brick at stage.
ADD $45,838.25
Miscellaneous additions, approximately 19, including removal of concrete
footers, reconstruction of masonry parapet wall, head block steel design
changes, etc.ADD $49,390.45
Miscellaneous deductions, approximately 17, including deletion of the ticket
booth, deletion of much of the painting, deletion of some floor tile and
carpet, deletion of ceramic tile floors at concession, lobby and bathrooms,
etc. DEDUCT $66,235.00
TOTAL ADD $113,993.70
Contract Summary:
Original Contract Amount$797,120.00
Change Order No. 1 (This Increase) $113,993.70
New Contract Amount$911,113.70
These cost have been reviewed and approved by Trautman Associates, project
architectural consultant. Funds for this extra work will be available in
C.P.A. 200-717-041 after Your Honorable Body approves a transfer of $41,000
from Block Grant Account 96-502000.
I recommend that Your Honorable Body authorize the Commissioner of Community
Development to issue a change order to Gianada Construction Corp. as set forth
above, and also approve the transfer of the $41,000 from CDBG 96502000 to
C.P.A. 200-717-041.
Mrs. LoTempio moved:
That the communication from the Department of Community Development, dated
September 12, 1996, be received and filed; and
That the Commissioner of Community Development be, and he hereby is, authorized
to issue change order No. 1 to Gianada Construction Corp., changes resulting in
a net increase in the amount of $113,993.70, as more fully described in the
above communication, for work relating to the Allendale Theater, Contract
91840600. Funds for this project will be available in C.P.A. 200-717-041 and a
transfer of the $41,000 from CDBG 96-50200 to C. P.A. 200-717-041.
PASSED.
AYES - 13 NOES - 0
No. 55
Loguen Memorial A.M.E. Zion Church
Request to Convert 54 Rohr Ave.
Shelter for Men
Item No. 97, C.C.P., 9/3/96
The Department of Community Development concurs with the City
Planning Board's decision to approve the matter captioned above pursuant to
section 511-136 of the Buffalo Code, the Review of Human Service Provider.
The applicant seeks to establish a halfway house for five homeless men. A full
time administrator will also reside on the premises. Under the Buffalo Code,
such human service providers may be permitted in any R or C zone in the city,
provided that your Honorable Body approves the facility and that a
concentration of such uses does not exist within a one-half mile radius of the
site. In this instance, there is no evidence of such a concentration of human
service providers.
Given this, the Department of Community Development has no objection to the
proposed shelter.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 56
Rail Plan - Cobblestone Historic District
Item No.# 186, C.C.P., 7/23/96
The Department of Community Development has been informed that
on September 5, 1996, Mr. Brian P. Brady, Chairman of the Buffalo Preservation
Board, established a committee comprised of Board members Susan A. McCartney
and David T.Stieglitz to review and comment on the above captioned item.
When this response has been received/reviewed by the Department of Community
Development, Your Honorable Body will be informed.
If you should have any questions, you may contact my office at 851-5016.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COBBLESTONE TASK
FORCE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 57
Memorandum of Agreement
Between the City of Buffalo and
Local 71, International Union of Operating Engineers
July 1, 1995 through June 30, 1998
Attached please find the Memorandum of Agreement between the City
and Local 71, International Union of Operating Engineers, for the contract
period July 1, 1995 through June 30, 1998.
This Agreement is applicable to approximately 40 employees, and provides no
salary increase for fiscal year 95-96, a 3% salary increase for fiscal year
96-97 and a 3% salary increase for fiscal year 97-98. In addition, this
Agreement provides salary upgrades for all titles as follows: $225 on July 1,
1996 and $375 on July 1, 1997.
The parties have also agreed to modify the following contractual provisions:
call-in pay, auto allowance, difference in pay for Workers' Compensation
injuries, health insurance (medical and dental), sick leave, leaves of absence
without pay, seniority and the grievance procedure. New provisions will be
added to address the following: overtime offered to permanent employees,
information exchange period for the titles of Senior First Class Stationary
Engineer and Associate Chief Stationary Engineer, direct deposit of payroll
checks, the Family and Medical Leave Act and the Americans with Disabilities
Act.
Your approval of this Memorandum of Agreement is respectfully requested.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 58
S. Rzepkowski - Complaints
Use of 250 Kensington (Hewitt Robbins Site)"
Item No. 146, C.C.P. 9/3/96
I appreciate your referring this item to me, but believe that
your questions should be directed to John Hannon, Director of Real Estate, as
the site in question is City owned; as such, Mr. Hannon negotiated the lease
with Mr. Metzinger and should be able to respond to Mr. Rzepkowski's issues.
I trust this answers your question.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 59
Equal Opportunity Hiring Practices
Item No. 190, C.C.P., 7/23/96
You requested a response from the Administration and Finance Department
regarding the City of Buffalo's equal opportunity hiring practices. This is an
initial response to your specific questions:
For general purposes, please be aware that the Common Council recently adopted
the "City of Buffalo 1995 Affirmative Action Plan for Equal Employment
Opportunity." Contained in that document are statistics very much like what
you are seeking, pertaining to the City of Buffalo workforce. Please be
reminded that the 1995 Plan was revised for the first time since 1975.
Also, the following City of Buffalo employees hold the respective titles:
Bonnie Russell - Affirmative Action - Equal Employment Opportunity Officer
Lee Mallory (BURA) - Equal Employment Opportunity Systems Manager
Emilio Fuentes - Affirmative Action Officer
1. Although this is a very broad question, primarily, the individual collective
bargaining agreements and civil service requirements are the means for hiring
and promoting employees of the City of Buffalo.
2. The Civil Service Commission is preparing a detailed response.
3. The Civil Service Commission is preparing a list of seasonal employees.
Temporary employees serve for the duration of time that the permanent employee
is serving in an exempt, elected, etc. position (i.e. Council Member on leave
from a permanent appointment). Provisional employees are appointed until there
is a civil service exam and there is an appropriate list to permanently appoint
from.
4. Generally, exempt and non-competitive positions do not require a civil
service examination as a prerequisite for employment with the City of Buffalo.
Some of those positions would include Commissioners, Directors, Assistant
Directors, Laborers, etc.
5. All of this information is contained in City payroll records. Prior to work
being performed by the Civil Service Commission on this issue, your Honorable
Body please be aware that Police, Fire and Streets and Sanitation employees are
exempt from this requirement. Also, there are "grandfather" clauses in many of
the Union contracts.
6. The Civil Service Commission is preparing a list of employees.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION
No. 60
Franczyk Park Vandalism
Item No. 179, C.C.P., Sept. 3, 1996
Vandalism in City of Buffalo Parks continues to be a problem.
And while the Franczyk Park vandalism recently stole the headlines, other
areas have also been affected: Japanese Gardens, Cazenovia Golf Course, Gates
Circle, and the Lincoln Parkway Fountain (behind the Art Gallery) and the
Pavilion in LaSalle. As we all know, most vandalism occurs after dark when
staff has left for the day. The logical solutions, then, become additional
policing and additional lighting.
Additional police officers assigned to Parks patrol is unrealistic. However,
design changes to Franczyk Park to allow better police car accessibility during
routine and neighborhood patrols is a possibility. Adding additional lighting
would increase visibility for both police and neighborhood residents.
Our department has already met with the Police Department. We will be working
with the design team from Community Development to recommend design changes to
alleviate the situation.
Below is a cursory summary of possible solutions to the Franczyk situation:
1. Additional well-placed lighting for increased visibility.
2. Design changes to allow for Police car accessibility to the Park during
routine neighborhood patrols.
3. Establishment of a neighborhood watch program through "Community Policing".
4. Neighborhood "buy-in" to Franczyk Park through our Department's Adopt-a-Park
Program.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 61
Auction of Vehicles/Equipment
The Department of General Services will be conducting an auction
for the sale of surplus vehicles and equipment from the Departments of
Engineering, Water, and Fire. We are requesting your approval prior to the
sale, to dispose of these items to the highest responsible bidders. Most
vehicles are good for parts only. The approval is necessary so that we may
facilitate the disposal of these vehicles to prevent any vandalism.
Photographs of the items will be taken before the sale. A list of said
vehicles/equipment is attached. If your Honorable Body wishes, we would have
all auction items available for your viewing prior to the auction.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CITY CLERK
No. 62
Auto Allowance
The following departments have filed the required certificate
relative to the granting of automobile transportation allowances for employees
in their respective departments:
Fire Dept. - Joseph Romano
RECEIVED AND FILED.
No. 63
Leaves of Absence Without Pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various departments as
listed:
Public Works - Christopher Celano
Police - Jill Parisi, Gwendolyn Williams, Gerald Belton
Community Development - Colleen Cummings, Matthew Baudo
RECEIVED AND FILED.
No. 64
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:
Buffalo Sewer Authority
City Planning Board
RECEIVED AND FILED.
No. 65
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: June 25, 1996 in the Department of Common Council, to
the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25 per
hr.
Sheree Porter, 1514 East Delavan Avenue, Buffalo, NY 14215
Appointment Effective Sept. 4, 1996 in the Department of Common Council, to the
Position of lntern III, Seasonal, at the minimum Starting Salary of $5.00 per
hr.
Anna S. Gustina, 111 University Ave., Buffalo, NY 14214
No. 66
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 HUMAN SERVICES, PARKS & RECREATION
Appointment Effective September 9, 1996 in the Department of Human Services,
Division of Recreation, to the position of Supervising Lifeguard, Temporary, at
the Flat Starting Salary of $5.98 per hr.
Steven Alvarez, 519 South Legion, Buffalo 14220
Regina Barrett, 65 Riverview Place, Buffalo 14210
Juan Feliciano, 34 Dewitt, Buffalo 14213
Kathleen Kinney, 1776 William, Buffalo 14206
Appointment Effective September 9,1996 in the Department of Human Services,
Division of Recreation, to the Position of Lifeguard, Temporary, at the Flat
Starting Salary of $5.20 per hr.
David White, 147 William, Buffalo 14206
James Wojcik Jr., 152 East Street, Buffalo 14207
Jacob Brozyna, 324 Bensinger Street, Buffalo 14206
Igor Chell, 40 LaForce, Buffalo 14209
Michael Karlinski, 349 Walden Avenue, Buffalo 14211
Jean Kersten, 38 Athol, Buffalo 14220
Melissa Mule, , 47 Marine Drive, Buffalo 14204
Kevin Murphy, 21 Turner, Buffalo 14220
Shannon O'Connor, 1432 Bailey, Buffalo 14206
Appointment Effective September 9,1996 in the Department of Human Services,
Division of Recreation, to the Position of Fee Collection, Seasonal, at the
Flat Starting Salary of $4.94 per hr.
Maryann Burvid, 128 Sheffield, Buffalo 14220
Sue Cannan, 178 Fenton, Buffalo 14206
Jamie Gabamonte, 139 Kamper, Buffalo 14210
AnnMarie Jaeger, 49 Buffum, Buffalo 14210
Cheryl Murphy, 21 Turner, Buffalo 14220
Robert O'Leary, 100 Ryan, Buffalo 14220
Erika Ryan, 757 West, Buffalo 14213
Appointment Effective September 9,1996 in the Department of Human Services,
Division of Recreation to the Position of Special Services Instructor I,
Temporary, at the Flat Starting Salary of $ 6.50 per hr.
Edward Cudmore, 184 Esser Avenue, Buffalo 14207
Daniel Karlinski, 349 Walden Avenue, Buffalo 14211
Luis Oritz, 144 Claremont, Buffalo 14222
Appointment Effective September 9, 1996 in the Department of Human Services,
Division of Recreation, to the Position of Laborer II, Seasonal, at the Flat
Starting Salary of $6.92 per hr.
Kevin Hayes, 795 Mckinley Pkwy., Buffalo 14220
Vincent McCarthy, 274 Hartwell, Buffalo 14216
Appointment Effective September 4, 1996 in the Department of Human Services
Division, Department of Youth, to the Position of Attendant, Temporary, at the
Flat Starting Salary of $ 6.42 per hr.
Neil Spencer Jr., 222 Shirley, Buffalo 14215
Appointment Effective September 5, 1996 in the Department of Human Services,
Parks & Recreation Division of Youth, to the Position of Community Field Worker
(Youth Court), Temporary, at the Flat Starting Salary of $6.55 per hr.
Justina Irene, 62 Elmwood Avenue, Buffalo, 14201
Appointment Effective September 12, 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.
Rebecca Nieves, 239 15th Street, Buffalo 14213
Rebecca Wilson, 281 Abbott Road, Buffalo 14220
No. 67
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the Minimum (Temporary, Provisional or Permanent) and for Appointments at
the Maximum (as per contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF ASSESSMENT
Appointment Effective September 3, 1996 in the Department of Assessment to the
Position of Account Clerk, Permanent, at the Minimum Starting Salary $21,126.
Kathleen M. Holy, 93 Duerstein Street, Buffalo, NY 14210
DEPARTMENT OF POLICE
Appointment Effective September 11, 1996 in the Department of Police to the
Position of Police Inspector, Permanent, at the Flat Starting Salary of $62,745
William J. Mistzal, 72 Woodgate Road, Tonawanda, New York 14150
Appointment Effective September 11, 1996 in the Department of Police to the
Position of Police Inspector, Contingent Permanent, at the Flat Starting Salary
of $62,745
Philip A. Ramunno, 12 Heritage Court, Twn Tonawanda, NY 14150
Harold Litwin Jr., 2459 Sandrock Road, Eden, New York 14057
Patrick G. Stafford, 63 Cedar Ridge, West Seneca, New York
Appointment Effective September 11, 1996 in the Department of Police to the
Position of Police Lieutenant, Permanent, at the Flat Starting Salary of
$49,769.
Brian D. Marren, 6542 Hamilton Drive, Derby, New York 14047
Appointment Effective September 11, 1996 in the Department of Police to the
Position of Police Captain, Permanent, at the Flat Starting Salary of $ 57,021.
Joseph F. Strano, 260 Cardinal Lane, Grand Island, NY 14072
Appointment Effective September 11, 1996 in the Department of Police to the
Position of Police Captain, Contingent Permanent, at the Flat Starting Salary
of $57,021.
Fred D. Young, 255 Sycamore, Buffalo, New York 14204
Henry E. Baranski, 84 Reo Drive, Cheektowaga, New York 14225
DEPARTMENT OF FIRE
Appointment Effective August 30, 1996 in the Department of Fire, Division of
Communication, to the Position of Communication Electrician, Temporary, at the
minimum Starting Salary of $26,704.
Daniel McGuire, 17 Roanoke Pkwy., Buffalo, New York 14210
Appointment Effective September 5, 1996 in the Department of Fire to the
Position of Fire Lieutenant, permanent, at the flat Starting Salary of $48,310.
Gerald Whalen, 6 Ladner, Buffalo, 14220
Appointment Effective September 7, 1996 in the Department of Fire to the
Position of Fire Lieutenant, contingent permanent, at the flat Starting Salary
of $48,310.
Robert Acosta, 177 Harding Road, Buffalo, 14220
Appointment Effective September 9, 1996 in the Department of Fire to the
Position of Fire Lieutenant, contingent permanent, at the flat Starting Salary
of $48,310
Charles McCarthy, 69 Crystal Avenue, Buffalo, 14220
Stephen Keohane, 92 Rebecca Park, Buffalo, 14207
Joseph Romano, 293 North Park Avenue, Buffalo, 14216
Appointment Effective September 9, 1996 in the Department of Fire to the
Position of Assistant Fire Alarm Dispatcher, permanent, at the flat Starting
Salary of $45,693.
Robert Grice, 104 Dorchester Road, Buffalo, 14213
DEPARTMENT OF STREETS
Appointment Effective September 4, 1996 in the Department of Street Sanitation,
to the Position of Director of Refuse and Recycling, Exempt, at the Minimum
Starting Salary of $38,000.
Edwin Marr, 81 Cedar Road, Buffalo, New York 14215
DEPARTMENT OF HUMAN SERVICES,
PARKS & RECREATION
Appointment Effective September 09,1996 in the Department of Human Services,
Division of Parks, to the Position of Laborer II, Permanent, at the minimum
Starting Salary of $10.15 per hr.
David Norris, 52 Euclid, Buffalo 14210
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 68
COUNCIL STAFF
SEQRA - Establishment User Fees
Attached please find for Council review, consideration and adoption,
the SEQRA negative declaration for the action of adopting the local law and
ordinance amendments that have been filed with the Council pertaining to the
establishment of a user fee for the public collection of solid waste.
Mrs. LoTempio moved:
That the communication from the Common Council Staff, dated September 12, 1996,
be received and filed; and
That the Common Council of the City of Buffalo be, and it hereby is designated
to act as Lead Agency for the Adoption of Local Law Introductory #12, amending
the City Charter, and adoption of ordinance amendments for Chapters 137, 175,
216 and 263 of the City Code to allow the City of Buffalo to establish user
fees for the public collection of solid waste, in accordance with Section 617.6
of the New York State Environmental Quality Review Act.
PASSED.
AYES - BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12
NOES - COPPOLA - 1
No. 69
EMPIRE STATE DEVELOPMENT
Father Sam's Syrian Bread
General Project Plan
Enclosed, please find a copy of the General Project Plan (the
"Plan") and findings for the proposed Father Sam's Syrian Bread, Inc. Economic
Development Infrastructure Loan and Grant Project in the City of Buffalo. In
accordance with Section 16(2) of the New York State Urban Development
Corporation Act (Chapter 174 of the Laws of 1968), as amended, we request that
the Plan and findings be filed in your office.
A public hearing for this project will be held in the City of Buffalo, 13th
Floor, Council Chambers on Monday, September 16, 1996 from 2:00 p.m. to 3:00
p.m. Thank you for your cooperation.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 70
EMPIRE STATE DEVELOPMENT
Osmose Wood Preserving Inc.
General Project Plan
Enclosed, please find a copy of the General Project Plan (the
"Plan") and findings for the proposed Erie County Industrial Development
Agency/Osmose Wood Preserving, Inc. Economic Development Infrastructure Loan
and Grant Project in the City of Buffalo. In accordance with Section 16(2) of
the New York State Urban Development Corporation Act (Chapter 174 of the Laws
of 1968), as amended, we request that the Plan and findings be filed in your
office.
A public hearing for this project will be held in the City of Buffalo, 13th
Floor, Council Chambers on Monday, September 16, 1996 from 1:00 p.m. to 2:00
p.m. Thank you for your cooperation.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 71
GRANT-FERRY ASSN.
Oppose Closing Of Pct. 5
I have just learned that Precinct 5 could be closing as early
as November of this year. This comes as a complete surprise to us in the
Grant-Ferry neighborhood. In personal conversations with you over the past
several years, you have reassured others in the community and myself that
"Precinct 5 is not closing". We are very concerned for several reasons.
Firstly, there has been no dialogue with the community on this critical matter
that affects the lives and well being of business owners and residents. The
consolidated planning process clearly defines the role of the community in
matters that have such a significant impact.
Secondly, if Precinct 5 is indeed closing, what is the plan to provide this
community with adequate police protection? As you know, we have a fragile
situation with crime, low household income, and unemployment on the West Side.
A decreased level of police presence at this time will be devastating and
threatens the survival of the businesses in this area. This is unacceptable.
As stakeholders, we are asking for your written response and opportunity to
address the matter in a public forum. In addition, we would like to meet with
you at your earliest convenience to share our thoughts and plans for viable
alternatives.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION.
No. 72
K. HELFER
Deployment of Sewer Maintenance Employees
to Department of Streets Sanitation
Please review the attached correspondence relative to deployment
of sewer maintenance employees.
REFERRED TO THE COMMITTEE ON LEGISLATION, BUFFALO SEWER AUTHORITY, COMMISSIONER
OF STREET SANITATION, THE MAYOR AND CORPORATION COUNSEL.
No. 73
K. HELFER
Bailey Amherst Business Dist.
Renewal of Contract
Please review and approve the attached renewal contract.
Mrs. LoTempio moved:
That the communication from Councilmember Helfer, dated September 12, 1996, be
received and filed; and
That the Common Council be, and it hereby is, authorized to approve the
Agreement between the City and Bailey Amherst Business Improvement District
Agreement for five (5) years, beginning July 1, 1995 and to expire on June 30,
2000.
PASSED.
AYES - 13 NOES - 0
No. 74
JACK IMPERI
Resignation - Board of Electrical Examiners
Please except my resignation from the. Board of Electrical Examiners.
As of September 11, 1996 I no longer meet the requirements for membership on
the Examining Board.
RECEIVED AND FILED.
No. 75
STATE OF NEW YORK INSURANCE DEPARTMENT
Auto Insurance Rates
I am responding to your July 23rd Resolution in which you ask
the Insurance Department to look into the territorial definitions used by
insurance companies in the State to ensure urban areas are not unfairly
discriminated against and are treated equally with their neighboring suburban
communities.
Your inquiry (as stated in the Resolution) is based on certain
assumptions--namely that Rochester uses a countywide rate for establishing auto
insurance rates and that residents pay similar rates for insurance in Monroe
County whether they live in Rochester or its suburban areas. You state this
differs from the rating methodology used for Buffalo and its surrounding
suburbs. We have investigated these assumptions and found them not to be true.
As part of our inquiry, the Department contacted the largest carriers in the
state, State Farm and Allstate, as well as Insurance Services Organization
(ISO), the rating service for many of the other insurance companies that write
automobile insurance in New York State. They provided data which demonstrates
that:
1. Rochester's rates are not determined on a countywide basis and in fact there
are separate rating territories for Rochester and its suburbs, and
2. Auto insurance rates are different depending on which territory a driver in
Monroe County resides.
Therefore, Buffalo and Rochester are being treated in a similar fashion. In
fact, throughout New York State, where driving experience, road conditions,
traffic patterns and other data clearly demonstrate such distinctions, rates
for city drivers are normally higher than rates for motorists in surrounding
suburbs.
The role of the Insurance Department is to make sure that rates are not
inadequate, excessive or unfairly discriminatory. We take our responsibility
seriously and from time-to-time review the criteria used by insurance companies
in determining what constitutes a rating territory. Certain auto rate changes
are subject to the Insurance Department's prior approval and companies file
data containing loss experience related to each rating territory in the State.
In this way, we can monitor the rates charged by the various insurance
companies on a territory-by-territory basis.
We hope this information is responsive to your Resolution. My staff is ready
to discuss this matter in greater detail if you wish.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 76
NYS REAL PROPERTY SERVICES
Fiscal Date Information
I am attempting to update the fiscal date information we have
on file for all assessing units. Attached for your review is a listing -for
your municipality. If all of the information is correct, please indicate this
on the form and return it to me. If there are any corrections or changes,
please indicate the same on the form and return to me as soon as possible. You
may call me at (518) 474-8821 and tell me your answers by telephone, or you may
fax your response to me at (518) 474-3864 or just return the attached sheet by
mail. Your cooperation is most appreciated.
RECEIVED AND FILED.
No. 77
NFTA
Rail Plan - Cobblestone District
No. 183, C.C.P., July 23,1996
This is in response to Common Council Resolution No. 186, July
23, 1996, regarding the consideration of a Cobblestone District station in the
final plan for the inner harbor.
The NFTA staff has been an active participant in the waterfront planning
process being completed under the auspices of Development Downtown, Inc. (DDI).
Several transit station sites for lower Main St. have been considered
including a Cobblestone station. The preferred option is in the throat of the
DL&W yard because of its proximity to the Marine Midland Arena, proposed inner
harbor excavation, the DL&W terminal and the Cobblestone District.
This site was chosen by the planning team for DDI prior to construction of
roads around the arena as the one that best serves their urban design
objectives for the area. The NFTA did not select the preferred site but has
agreed it is a viable one since it does not compromise either current operating
guidelines or future plans for expansion to the Southtowns.
In summary, the proposed site for the waterfront station is a recommendation of
the DDI planning team and not the NFTA'S. However, the Authority is supportive
of the option to the extent that local consensus regarding its location and
funding of both capital and operating costs in achieved.
Thank you for the opportunity to comment on Resolution No. 186.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 78
G. OBERACKER, REGENCY HOMES
Ellicott District Home Ownership Zone Project Application
On September 3, the Common Council of the City of Buffalo had
approved an application for the redevelopment of the City of Buffalo Ellicott
District. It is our understanding that this application may be worth over
$40,000,000.00 and includes only two developers as the participants.
At the September 11 public hearing, Deputy Commissioner Marconi had been asked
if the application was in fact limited to only two developers ... his answer
was clearly no. If not, then why wasn't our organization notified or invited
to participate? How can it legitimately be thought that only two organizations
have the sole right to construct over 700 new homes when there are several
other capable organizations willing to participate? How can the City Common
Council allow such an injustice to those other builders that have clearly
worked diligently to provide jobs and affordable homes for those in the City of
Buffalo?
We as an approved builder in the City of Buffalo Affordable Housing Program are
asking that the said application be modified to include our organization along
with all other qualified organizations. To rectify this matter, we
respectfully would suggest the following:
1. We recommend that all necessary members of the Common Council reconvene
before September 16, 1996 to modify your last approval to include our
organizations as equal participants with this important application and
historical project.
2. That subsequent to the application submission, all builders are given a copy
of the application for review and filing.
3. That the Council provides a future policy whereas all city approved
participating builders be notified of any other such project prior to it's
assembly.
4. That a review committee be established comprising of both city officials and
participating builders to manage the various growth elements of this or any
other like kind revitalization project.
We remain ready to assist in your efforts to accomplish these suggested
objectives.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 79
TCI
Info - Installation Complaint - R. Corbert
Item No. 134, C.C.P., 9/3/96
We received your notice September 9, 1996 regarding Robert W.
Corbert's installation complaint. On July 26, 1996, we addressed Mr. Corbert's
concerns by granting him the free installation he requested. That credit is
visible on his August bill. After receiving your letter, we phoned Mr. Corbert
to ensure we had fully satisfied his complaint. He said we had taken the
appropriate measures in resolving this misunderstanding in July and had written
a second letter to the Council to that effect. We are confident the matter is
resolved.
Thank you for your time and consideration.
RECEIVED AND FILED
No. 79A
REFUSE AND RECYCLING ENTERPRISE FUND
Memorandum of Agreement
City of Buffalo and Local 264 AFSCME, AFL-CIO
It is the intent of the City of Buffalo, with the cooperation
of Local 264, to create a Enterprise Fund for the purpose of providing the
service of removal of trash, garbage, refuse, and recyclable for businesses and
residents of the City of Buffalo.
In creation of this Fund, the City of Buffalo agrees to continue all provisions
of the collective bargaining agreement that currently exists for the Local 264
represented employees now working in the Sanitation Department, with the
following understandings and modifications:
1. The Union agrees to fully participate and cooperate with a "direct haul"
pilot program.
2. The Union understands that the creation of this Fund, mandates the need to
be a competitive, customer service oriented service. With that goal in mind,
the City intends to create and enforce work rules to insure good service.
Rules to include, but not limited to:
All cans and recycling boxes replaced upright, without blocking streets,
alleys, or driveways.
All citizens and customers will be treated with respect and courtesy.
Employees will not abuse City owned property and equipment.
If refuse or recyclables fall from a truck, the crew, will stop and recover all
material dropped.
All trucks will be equipped with a shovel and a broom to be used, as necessary,
to pick up loose refuse. The crew will be responsible for the return of this
equipment at the end of the work shift.
The area including and between the sidewalk and curb will be "policed" at all
city properties, including unoccupied structures and vacant lots. Loose trash
and garbage will be removed and disposed.
3. It will be the practice of the Fund to limit the approval of Personal and
Vacation time to control the need for overtime. The normal practice will be to
allow a maximum of four individuals off work on any given shift, in any one job
title.
The parties agree that vacations will be bid, by seniority, each year in the
month of January.
4. When the City decides on the manpower needed for trucks, equipment and
labor, the City and the Union will meet to discuss work hours.
5. Equipment Operators, Heavy Equipment Operators and Tractor Trailer Operators
in the Streets Division are can be used in the Ash and Garbage districts with
the consent of the individual affected employee.
6. The parties will negotiate salary upgrades submitted on July 26, 1996, as
per Section XXXI of the collective bargaining agreement.
7. The City agrees to begin discussion of a proposed extension of the "No
Lay-off" clause.
8. Local #264 may designate one appointment to the Enterprise Fund advisory
Board.
By the signing of this agreement, the parties pledge their good faith effort
towards problem solving as service delivery evolves towards the highest level
possible within the fiscal limitations of the Enterprise Fund.
PASSED.
AYES - 13 NOES - 0
PETITIONS
No. 80
M. Maurer and Others
Support New Facility for Irish Theatre Company
RECEIVED AND FILED.
REGULAR COMMITTEES
CIVIL SERVICE
HON. DAVID CZAJKA
CHAIRMAN
No. 81
Appointment
Head Tire Mechanic
That Communication 72 July 23, 1996 be received and filed and
the Provisional appointment of Lawrence Doctor stated above at the Maximum
salary $25,665.00 effective on July 1, 1996 is hereby approved.
PASSED.
AYES - 13 NOES - 0
No. 82
Appointment
Superintendent of Automotive Supplies
That Communication 73 July 23, 1996 be received and filed and
the Provisional appointment of David Lawler stated above at the Maximum salary
$32,145.00 effective on July 1, 1996 is hereby approved.
PASSED.
AYES - 13 NOES - 0
No. 83
Appointment
Senior Duplicating Machine Operator
That Communication 74 July 23, 1996 be received and filed and
the Permanent appointment of Paul Brown stated above at the Maximum salary
$28,692.00 effective on July 1, 1996 is hereby approved.
PASSED.
AYES - 13 NOES - 0
No. 84
Notices of Appointment (Temp/Prov/Perm) (City Clerk)
That Communication No. 81, C.C.P., July 23, 1996 be and the same
hereby is received and filed.
ADOPTED.
No. 85
Salary Ordinance Amendment
20 - Department of Police
1 - Administration
021 - Administration & Communications
Item No. 176, C.C.P., July 23, 1996
That the Salary Ordinance Amendment as contained in Item No. 176,
C.C.P., July 23, 1996, be and the same hereby is approved.
PASSED.
AYES - 13 NOES - 0
No. 86
Appointment
Engineering Inspector
That Communication 58 September 3, 1996 be received and filed
and the Permanent appointment of Salvatore W. Sciandra stated above at the
Maximum salary $33,342.00 effective on September 3, 1996 is hereby approved.
PASSED.
AYES - 13 NOES - 0
No. 87
Appointment
Administrative Assistant
That Communication 59 September 3, 1996 be received and filed
and the Permanent appointment of Rose Marie Rivera stated above at the Maximum
salary $31,236.00 effective on August 16, 1996 is hereby approved.
PASSED.
AYES - 13 NOES - 0
No. 88
Appointment
Senior Architect
That Communication 60 September 3, 1996 be received and filed
and the Temporary appointment of Burke Glaser stated above at the Maximum
salary $41,594.00 effective on August 19, 1996 is hereby approved.
PASSED.
AYES - 13 NOES - 0
No. 89
Appointment
Labor I
That Communication 61 September 3, 1996 be received and filed
and the Permanent appointment of Margaret E. Bugaj stated above at the
Intermediate salary $9.92 effective on August 29, 1996 is hereby approved.
PASSED.
AYES - 13 NOES - 0
No. 90
Appointment
Laborer II
That Communication 111 September 3, 1996 be received and filed
and the Permanent appointment of Charles J. Berthiaume stated above at the
maximum salary $24,096.00 effective on July 24, 1996 is hereby approved.
PASSED.
AYES - 13 NOES - 0
No. 91
Appointment
Park Utility Worker
That Communication 115 September 3, 1996 be received and filed
and the Permanent appointment of Mark Graci stated above at the Intermediate
salary $26,805.00 effective on July 29, 1996 is hereby approved.
PASSED.
AYES - 13 NOES - 0
No. 92
Memorandum of Agreement - BMHA and Local 264
Item No. 116, C.C.P., Sept. 3, 1996
That the Memorandum of Agreement between the Buffalo Municipal
Housing Authority and Local 264, AFSCME, AFL-CIO, representing Blue Collar,
White Collar and Managerial Unit employees and amended salary schedules for
exempt and non-represented employees of the Buffalo Municipal Housing
Authority, dated August 26, 1996, amending the existing contracts for the
period July 1, 1995 through June 30, 1998, be approved and ratified.
PASSED.
AYES - 13 NOES - 0
No. 93
Notices of Appointment (Temp/Prov/Perm) (City Clerk)
That Communication No. 126, C.C.P., Sept. 3, 1996 be and the same
hereby is received and filed.
ADOPTED.
No. 94
Salary Ordinance Amendment
06 - Department of Administration & Finance
2 - Division of Administrative Adjudication
001 - Administrative Adjudication
Item No. 164, C.C.P., Sept. 3, 1996
That the Salary Ordinance Amendment as contained in Item No. 164,
C.C.P., September 3, 1996, be and the same hereby is approved.
PASSED.
AYES - 13 NOES - 0
FINANCE
HON. DAVID FRANCZYK
CHAIRMAN
No. 95
Not-for-Profits-Manage Ramps (Bd. Pkg.)
Item No. 6, C.C.P., January 23, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 96
Possible Sale of City Ramps
Item No, 175, C.C.P., April 30, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 97
Possible Sale of City Ramps
Item No. 64, C.C.P., May 14, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 98
Allright Pkg. - Possible Sale - City Owned Ramps
Item No. 80, C.C.P., May 28, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 99
Audit - Civil Auto Ramps (Compt)
Item No. 11, C.C.P., April 16, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 100
Audit - Allright Pkg. Inc. (Compt)
Item No. 12, C.C.P., April 16, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 101
Audit - Hodge Pkg. Inc. (Compt)
Item No. 13, C.C.P., April 16, 1996
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 102
Results of Negotiations - 1086 and 1088 Genesee Street
Item No. 28, C.C.P., June 25, 1996
That the offer of Ellicott Development Company, 210 Ellicott Square
Building, in the sum of $2,300.00 (Two Thousand Three Hundred Dollars) to
purchase the properties described as 1086 and 1088 Genesee Street, be and
hereby are accepted; and
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, provided,
however,
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 will be
paid by the purchaser.
PASSED.
AYES - 13 NOES - 0
No. 103
Exchange Land - School #59 - Ellicott Development Corp.
Item No. 30, C.C.P., June 25, 1996
That the Board of Education's exchange of 5,105 sq. ft. of school
land for approximately 12,191 sq. ft. of land owned by Ellicott Development
Corporation on Best Street, be and hereby is approved; and
That the Corporation Counsel shall prepare the necessary documents for the
transfer of such property and that the Mayor be authorized to execute the same,
in accordance with the terms upon which the exchange was submitted.
PASSED.
AYES - 13 NOES - 0
No. 104
Rescind Sale 366 Fox Street
Item No. 29, C.C.P., July 9, 1996
That the action of the Common Council under Item No. 111, C.C.P.,
February 21, 1995, authorizing the sale of 366 Fox Street, be and the same
hereby is rescinded, the deposit is forfeited and the premises returned to the
Comptroller for future sale or transfer.
PASSED.
AYES - 13 NOES - 0.
No. 105
NYSDOT - Concerns - Waterline-Reconstr. Delaware
Item No. 74, C.C.P., July 9, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 106
NYSDOT - Waterline Constr. - Delaware (PW)
Item No. 47, C.C.P., July 23, 1996
That the above mentioned item be and the same is hereby received
and filed
ADOPTED.
No. 107
V.D. Parker - Complaints - Cond. Prop. - Jones Bldg.
Item No. 76, C.C.P., July 9, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 108
Info. - Complaint - Cond. Prop. - Jones Bldg. (CD)
Item No. 107, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 109
P. Carroll & O - Request Replace Watermain - Park St.
Item No. 84, C.C.P., July 9, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 110
Replace Waterline Park St. (PW)
Item No. 44, C.C.P., July 23, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 111
S. Zambito - Waive Fee Crt/430 Delaware (96,6,25)
Item No. 111, C.C.P., July 9, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 112
Results of Negotiations - 188 Forest Avenue
Item No. 19, C.C.P., July 23, 1996
That the offer of Mr. Adam Glichowski of 536 Grant Street, in
the sum of $700.00 (Seven Hundred Dollars) to purchase the property described
as 188 Forest Avenue, be and hereby is accepted; and
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, provided,
however,
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 will be
paid by the purchaser.
PASSED.
AYES - 13 NOES - 0
No. 113
Results of Negotiations - 477 Koons 1605 Genesee Street
Item No. 20, C.C.P., July 23, 1996
That the offer of Pastor Charles G. Beigner of Evangelical Lutheran
Church of the Resurrection, 3 Doat Street, in the sum of $2,000.00 (Two
Thousand Dollars) to purchase the properties described as 477 Koons and 1605
Genesee Street, be and hereby are accepted; and
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, provided,
however,
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 will be
paid by the purchaser.
PASSED.
AYES - 13 NOES - 0
No. 114
Results of Negotiations - 607 Sycamore
Item No. 19, C.C.P., Sept. 3, 1996
That the offer of Ms. Geraldine Myles of 607 Sycamore Street,
in the sum of $5,000.00 (Five Thousand Dollars) to purchase the property
described as 607 Sycamore Avenue, 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 - 13 NOES - 0
No. 115
Reimburse Buffalo Zoological Gardens - Capital Expenses
Item No. 42, C.C.P., July 23, 1996
That the Comptroller be, and he hereby is, authorized to reimburse
the expenses incurred by the Buffalo Zoological Gardens in connection with the
new HVAC System, from the City of Buffalo's Capital Project Fund 200-402-028.
PASSED.
AYES - 13 NOES - 0
No. 116
Re-dedication of Perry Street
Item No. 46, C.C.P., July 23, 1996
That the Comptroller be, and he hereby is authorized to accept
the former right-of-way of Perry Street, between Main Street and Washington
Street from the Buffalo Urban Renewal Agency; and
That the Common Council dedicate the parcel as a public street.
PASSED.
AYES - 13 NOES - 0
No. 117
Agreement w/Erie Co. Water Authority (CC)
Item No. 55, C.C.P., July 23, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 118
PILOT 1631 Hertel (City Clerk)
Item No. 56, C.C.P., July 23, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 119
Office Space Inventory - June '96 (CD)
Item No. 60, C.C.P., July 23, 1996
That the above mentioned item be and the same is hereby received
and filed
ADOPTED.
No. 120
Increase in Contract
Reconstruction of Exchange and Carroll Streets
Item No. 63, C.C.P., July 23, 1996
That the Commissioner of Community Development be, and he hereby
is, authorized to issue change order #1 to MPJ Contracting Inc., changes
resulting in a net increase in the amount of $80,252.00, as more fully
described in the above communication, for work relating to the reconstruction
of Exchange and Carroll Streets, C-91835000. Funds to be charged to C.P.A.
#200-717-013.
PASSED.
AYES - 13 NOES - 0
No. 121
Hse God Ch. - Cancel Grass Cut/Foreclosure Fee
Item No. 86, C.C.P., July 23, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 122
Laurie Krajna - Waive Charge - Sidewalk Repair
2245 Genesee Street
Item No. 87, C.C.P., July 23, 1996
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Franczyk moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
No. 123
Waive Charge - Sidewalk Repair 2245 Genesee Street (PW)
Item No. 49, C.C.P., Sept. 3, 1996
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Franczyk moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
No. 124
E. Perry & O - Request Paving Norway Pk
Item No. 100, C.C.P., July 23, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Info. Req. Paving Norway Pk. (PW)
Item No. 51, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 126
O. Cowart & Others - Request Repair Sidewalk - Ivy St.
Item No. 102, C.C.P., July 23, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 127
Info. - Req. Repair Sidewalks Ivy St. (PW)
Item No. 50, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 128
Waive Permit Fees for Deaf Adult Services Sign
Item No. 214, C.C.P., July 23, 1996
That this Common Council requests the permit office to waive any
applicable city fees for placing a sign in front of Deaf Adult Services at 491
Delaware Avenue.
PASSED.
AYES - 13 NOES - 0
No. 129
Forgive Grass Cut Fee - 389 High
Item No. 216, C.C.P., July 23, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 130
Forgive Grass Cutting Fee - 389 High
Item No. 28, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 131
Forgive Grass Cutting Fee - 389 High (Sts)
Item No. 110, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 132
Waive Load Zone Fee - Coliseum
Item No. 217, C.C.P., July 23, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 133
Fin. Statement - NorthAmericare Pk (Compt)
Item No. 13, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 134
Audited Fin. Statements - Enterprise Fd.
NoAmericare Pk (Compt)
Item No. 14, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Audit - Fin. Asst. Program - 6/30/96 (Compt)
Item No. 15, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Add. Info. - Fed. Fin. Asst. (Compt)
Item No. 16, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 137
Audit - Public Works Refuse Contract (Compt)
Item No. 17, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 138
Conveyance of Prop. Acq. in Rem (Compt)
Item No. 20, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby referred
to Government Relations.
ADOPTED.
No. 139
Certiorari Proceedings - 666 and 668 Amherst Street
Item No. 27, C.C.P., Sept. 3, 1996
That the Corporation Counsel be authorized to settle the 1994-95,
1995-96 and 1996-97 tax certiorari proceedings on 666 Amherst Street by
reducing the assessment for each year in question from $57,000 to $46,000, and
to settle the proceedings for the same years on 668 Amherst Street by reducing
the assessment for each year from $63,800 to $48,000.
PASSED.
AYES - 13 NOES - 0
No. 140
Require Restitution - MPJ Constr. (PW)
Item No. 48, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 141
PILOT Agreement 840 Tonawanda (CC)
Item No. 68, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 142
Settlement Claim - James Tudini Matter
Item No. 73, C.C.P., Sept. 3, 1996
That the Corporation Counsel be authorized to settle the matter
of James Tudini v. Chaffee Ward v. City of Buffalo, in the amount of $1,500.00,
subject to the City of Buffalo receiving a release as a defendant.
PASSED.
AYES - 13 NOES - 0
No. 143
Emergency Demolition - 235 Alabama (front only), etc.
Item No. 87, C.C.P., Sept. 3, 1996
That the award by the Commissioner of Community Development of
emergency demolition contracts to Delmonte Demolition at a cost of $3,600.00,
relating to 235 Alabama; to Amirs at a cost of $4,820.00, relating to 168
Maple; to Georgian Bay Contracting at a cost of $5,900.00, relating to 72
School; to Cedar Wrecking at a cost of $4,800.00 relating to 31 Bremen, 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 - 13 NOES - 0
No. 144
Emergency Demolition - 29-39 Brighton
Item No. 88, C.C.P., Sept. 3, 1996
That the award by the Commissioner of Community Development of
an emergency demolition contract to Peter Delmonte Demolition at a cost of
$13,000.00, relating to 29-39 Brighton, 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 - 13 NOES - 0
No. 145
Emergency Demolition - 10 Chenango (rear only), etc.
Item No. 89, C.C.P., Sept. 3, 1996
That the award by the Commissioner of Community Development of
emergency demolition contracts to Alternative Demolition at a cost of
$5,890.00, relating to 10 Chenango (rear Only); to Lebis Enterprises at a cost
of $4,600.00, relating to 35 Essex; to Georgian Bay Contracting at a cost of
$11,600.00, relating to 33 Box (front & rear); to Young's Auto & Housewrecking
at a cost of $5,480.00, relating to 494 Jefferson Avenue; at a cost of
$5,200.00, relating to 138 Monroe (garage Only), 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 II 3 of the Code of the City of
Buffalo.
PASSED.
AYES - 13 NOES - 0
No. 146
Emergency Demolition - Various Properties, 212 East, etc.
Item No. 90, C.C.P., Sept. 3, 1996
That the award by the Commissioner of Community Development of
emergency demolition contracts to Eastwood Industries at a cost of $5,890.00,
relating to 212 East; to Cedar Wrecking & Salvage at a cost of $3,400.00,
relating to 314 Trenton- to Eastwood Industries at a cost of $2,800.00,
relating to 20 Harwood (Demo front portion of building only); to Young's Auto &
Housewrecking at a cost of $4,300.00, relating to 210 Adams Street; at a cost
of $3,870.00, relating to 216 Adams Street; to Georgian Bay at a cost of
$7,400.00, relating at 395 Goodyear (and garage); to Amirs at a cost of
$6,100.00, relating to 16 Storz (and 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.
PASSED.
AYES - 13 NOES - 0
No. 147
Emergency Demolition - Various Buildings
511 Fillmore, etc.
Item No. 91, C.C.P., Sept. 3, 1996
That the award by the Commissioner of Community Development of
emergency demolition contracts to Young's Auto & Housewrecking at a cost of
$8,190.00, relating to 511 Fillmore; to Lebis Enterprises at a cost of
$5,300.00, relating to 807 Fillmore & garage; to Amirs at a cost of $7,190.00,
relating to 923 Fillmore and 2 garages; to Young's Auto & Housewrecking, at a
cost of $6,247.00 relating to 205 Mill Street; at a cost of $4,700.00, relating
to 235 Mills Street; to Eastwood Industries at a cost of $4,290.00, relating to
35 A Street; to J. Martin at a cost of $4,100.00, relating at 294 Bissell, at a
cost of $4,100.00 relating to 298 Bissell and garage; to Lebis Enterprises at a
cost of $5,800.00, relating to 54 Nevada & 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.
PASSED.
AYES - 13 NOES - 0
No. 148
Report of Emergency Bid - 357 Koons (front & rear)
Item No. 92, C.C.P., Sept. 3, 1996
That the award by the Commissioner of Community Development for
an emergency demolition contract to Georgian Bay Contracting at a cost of
$9,400.00, relating to 357 Koons, is hereby confirmed, ratified and approved,
with said cost to be charged against Capital Projects Fund #200-241-003-00000,
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 - 13 NOES - 0
No. 149
Report of Emergency Bid - 381 May & Garage
Item No. 93, C.C.P., Sept. 3, 1996
That the award by the Commissioner of Community Development of
an emergency demolition contract to Amirs at a cost of $5,400.00, relating to
381 May, is 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 - 13 NOES - 0
No. 150
Report of Emergency Bid - 89 Sweet, etc.
Item No. 94, C.C.P., Sept. 3, 1996
That the award by the Commissioner of Community Development of
emergency demolition contracts to Lebis Enterprises at a cost of $8,700.00,
relating to 89 Sweet; to Lebis Enterprises, Aggregate Bid at a cost of
$9,300.00, relating to 1271 Genesee; at a cost of $7,900.00, relating to 1275
Genesee; at a cost of $4,200.00, relating to 45 Kiefer for a Total Aggregate
Bid of $21,400.00; to Lebis Enterprises at a cost of $6,690.00, relating to 27
Johnson; 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 - 13 NOES - 0
No. 151
Report of Emergency Bid - 223 Titus
Item No. 95, C.C.P., Sept. 3, 1996
That the award by the Commissioner of Community Development for
an emergency demolition contract to Eastwood Industries at a cost of $5,300.00,
relating to 223 Titus, is 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 - 13 NOES - 0
No. 152
Report of Pre-Demolition Asbestos Removal
1626 Genesee Street
Item No. 96, C.C.P., Sept. 3, 1996
That the award by the Commissioner of Community Development for
pre-demolition asbestos removal contract to Peerless Environmental Control,
Inc., at a cost of $3,500.00, relating to 1626 Genesee, is hereby confirmed,
ratified and approved, with said cost to be charged against Capital Projects
Fund #200-241-003-00000.
PASSED.
AYES - 13 NOES - 0
No. 153
Report of Pre-Demolition Asbestos Removal - 229 Grey, etc.
Item No. 97, C.C.P., Sept. 3, 1996
That the award by the Commissioner of Community Development of
emergency demolition contracts to Georgian Bay Contracting, Aggregate Bid at a
cost of $136.00, relating to 229 Grey; at a cost of $3,145.00, relating to 231
Grey; for a Total Aggregate Bid of $3,281.00; to Peerless Environmental Control
Inc., at a cost of $940.00, relating to 788 Sycamore; to Georgian Bay
Contracting, at a cost of $500.00, relating to 996 Sycamore; at a cost of
$3,180.00, relating to 171 Bissell, at a cost of $2,590.00, relating to 293
Coit; at a cost of $3,000.00, relating to 273 Detroit; at a cost of $1,995.00,
relating to 145 Mills (rear); 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 - 13 NOES - 0
No. 154
Report of Pre-Demolition Asbestos Removal - 168 Maple
Item No. 98, C.C.P., Sept. 3, 1996
That the award by the Commissioner of Community Development of
Pre-Demolition Asbestos Removal contracts to Georgian Bay Contracting at a cost
of $600.00, relating to 168 Maple; to Peerless Environmental Control Inc. at a
cost of $2,250.00, relating to 1044 Smith; at a cost of $975.00, relating to 38
Howlett; are hereby confirmed, ratified and approved, with said cost to be
charged to the Special Assessment Fund #500-000-002-00000, and that said cost
shall be collected against the owner or person in possession 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 - 13 NOES - 0
No. 155
Report of Pre-Demolition Asbestos Removal - 381 May
Item No. 99, C.C.P., Sept. 3, 1996
That the award by the Commissioner of Community Development for
pre-demolition asbestos removal contract to Georgian Bay Contracting at a cost
of $3,720.00, relating to 381 May, is 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 - 13 NOES - 0
No. 156
Report of Pre-Demolition Asbestos Removal
676 Sycamore, etc.
Item No. 100, C.C.P., Sept. 3, 1996
That the award by the Commissioner of Community Development of
Pre-Demolition Asbestos Removal contracts to Georgian Bay Contracting at a cost
of $700.00, relating to 676 Sycamore; at a cost of $3,120.00, relating to 258
Carl; at a cost of $1,900.00, relating to 782 Division South; at a cost of
$850.00, relating to 101 Coit; at a cost of $960.00, relating to 546 William;
at a cost of $2,961.00, relating to 211 Goodyear; at a cost of $4,682.00,
relating to 277 Laurel; are hereby confirmed, ratified and approved, with said
cost to be charged to the Special Assessment Fund #500-000-002-00000, and that
said cost shall be collected against the owner or person in possession 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 - 13 NOES - 0
No. 157
Request to Rescind Approval of Demolition
193 Schuele Street
Item No. 102, C.C.P., Sept. 3, 1996
That the Commissioner of Community Development be, and he hereby
is, authorized to rescind the approval of the demolition order of 193 Schuele
Street as reported in Item No. 138, C.C.P., 7/23/96.
PASSED.
AYES - 13 NOES - 0
No. 158
Increase Penalty - City Prop. (CD)
Item No. 105, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 159
Fin. Statement - Friendship Festival (HSPR)
Item No. 113, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 160
Faith Chapel Ch. - Waive Foreclosure Fee - 761 Sycamore
That the above item be, and the same hereby is, returned without
recommendation.
Mr. Franczyk now moved that the above item be received and filed.
ADOPTED.
No. 161
NYSABC - Illegal Act. at Est. Licensed to Sell Alcohol
Item No. 142, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 162
E. Edwards & O - Req. Repave St. Louise, etc.
Item No. 157, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 163
Rename Portion Main St. - Knox Plaza
Item No. 3, C.C.P., Sept 3, 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 Mr. Brown, the item is properly
before the Common Council, and the hearing is opened.
CARRIED.
Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Brown.
CARRIED.
Mrs. LoTempio moved that, after the required public hearing held by this Common
Council, Main Street, from Scott Street to South Park Avenue, be renamed
Seymour H. Knox, III Plaza, and the City Clerk be and hereby is directed to
notify the proper authorities as required by Section 286-5 of the Code of the
City of Buffalo.
PASSED.
AYES - 13 NOES - 0
No. 164
Rename War Mem. Stad. - Johnnie B. Wiley Sport Pavilion
Res. 192, C.C.P., July 23, 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 Mr. Czajka the item is properly
before the Common Council, and the hearing is opened.
CARRIED.
Appearances - Charlie Fisher, III, Youth Planning Council, Rosa Gibson
Mrs. LoTempio now moved that the hearing be closed. Seconded by Ms. Gray.
CARRIED.
Mrs. LoTempio moved that, after the required public hearing held by this Common
Council, War Memorial Stadium be renamed Johnnie B. Wiley Sport Pavilion, and
the City Clerk be and hereby is directed to notify the proper authorities as
required by Section 286-5 of the Code of the City of Buffalo.
PASSED.
AYES - 13 NOES - 0
No. 165
General Electric - Petition to Use
1854 Elmwood Avenue - Pole Sign
Item No. 96, C.C.P., July 23, 1996
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED.
No. 166
Canisius College - Petition to Use
2003 Main Street - Re-Roof Building
Item No. 98, C.C.P., July 23, 1996
That after a public hearing before the Committee on Legislation
on September 10, 1996, the petition of Canisius College, owner, for permission
to re-roof building at 2003 Main Street be, and hereby is approved.
PASSED.
AYES - 13 NOES - 0
No. 167
Mobil Oil Co-Owner - Petition to Use
3198 Main Street - Pole/Wall Signs
Item No. 150, C.C.P., September 3, 1996
That after a public hearing before the Committee on Legislation
on September 10, 1996, the petition of Mobil Oil co-owner, for permission to
use 3198 Main Street for a pole/wall sign be, and hereby is approved.
PASSED.
AYES - 13 NOES - 0
No. 168
Timothy McCarthy - Petition to Use
356 Hopkins - Electroplating Process Operation
Item No. 152, C.C.P., September 3, 1996
That after a public hearing before the Committee on Legislation
on September 10, 1996, the petition of Timothy McCarthy, owner, for permission
to use 356 Hopkins for a electroplating process operation be, and hereby is
approved.
PASSED.
AYES - 13 NOES - 0
No. 169
ECIDA % BOC Group - Petition to Use
95 Katherine Street - Compressor House & Pipeline
Item No. 154, C.C.P., September 3, 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 September
10, 1996, the petition of ECIDA % BOC, owner, for permission to use 95
Katherine Street for a compressor house & pipeline be, and hereby is approved.
PASSED.
AYES - 13 NOES - 0
No. 170
Genuine Parks Company - Petition to Use
2110 Elmwood - Pole Sign
Item No. 156, C.C.P., September 3, 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 September
10, 1996, the petition of Genuine Parks Company, owner, for permission to use
2110 Elmwood Avenue for a pole sign be, and hereby is approved.
PASSED.
AYES - 13 NOES - 0
No. 171
Local Law Intro. 12 (1996)
User Fees for Collection of Solid Waste
Item No. 186, C.C.P., Sept. 3, 1996
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mrs. LoTempio now moved:
That the Local Law as contained in Item No. 186, C.C.P., September 3, 1996, be
and the same hereby is approved.
PASSED.
AYES - 13 NOES - 0
No. 172
Gelinmac Storage, Petition to Use 20 Buffalo River
Item No. 93, C.C.P., Feb. 6, 1996
That after a public hearing before the Committee on Legislation
on September 10, 1996, the petition of Gelinmac, for permission to use 20
Buffalo River for a masonry building be, and hereby is approved with the
following conditions:
1. In any event the processing line will be operated for no more than ten (10)
hours a day and the hours of operation shall be limited to 7:00 a.m. to 5:00
p.m.; the processing line will not be operated on Saturday or Sunday.
2. Gelinmac Storage will cooperate with the City of Buffalo, in keeping a
public access corridor of no less than 25 feet in width open to the public
along the Buffalo River. Gelinmac Storage will maintain its grounds in a neat
and attractive manner and will plant trees along the Buffalo River edge of the
Gelinmac Storage Property.
3. Gelinmac Storage will maintain an open line of communication with the
community in which the Gelinmac Storage facilities are located, included giving
the Old First Ward Community Center the name and phone number of a person who
will have decision making power during Company hours of operation.
4. All job opening notices will be posted at the Old First Ward Community
Center in a timely fashion.
5. Gelinmac Storage will maintain its facilities in a manner that discourages
the proliferation of rodents. The exterminating company hired by Gelinmac
Storage will file monthly reports with the Buffalo City Clerk documenting the
level of rodent activity on or near the site of the Gelinmac Storage
facilities.
6. Because of the dangers posed by emissions of heavy metals dioxins and other
chlorinated products of incomplete combustion, Gelinmac Storage will not accept
products packaged in chlorinated plastic or paper packaging or in packaging
containing heavy metals. Gelinmac Storage will maintain filed statements by its
suppliers to the effect that the packaging materials contain no chlorine or
heavy metals.
7. All trucks will load and unload inside the Gelinmac Storage building. Any
truck loads will be covered or enclosed on the truck. No storage of materials
will take place outside the Gelinmac Storage budding.
8. The DEC's policy of shutting down the Gelinmac facility in the event of
excessive odors has worked satisfactorily in the past. In the event that
neighbors of the plant become concerned about odors that are not addressed to
their satisfaction by the DEC, the following process shall be available to
them:
The existence of offensive odors will be documented by fifteen (15) residents
residing within 1/2 mile of the Gelinmac Storage facility signing a petition to
that effect and filing said petition with the City Clerk of Buffalo. The
petition shall state that such offensive odors emanated from the Gelinmac
Storage facility for at least three consecutive working days and shall specify
the dates of such offensive odors, and shall include the names and addresses of
the residents signing the petition. Immediately upon receipt of the petition,
the City Clerk shall forward copies of the petition to the Division of Air
Resources of the local office of the NYSDEC, and to Gelinmac Storage.
The existence of the offensive odors must be verified by personal observation
of the South District Councilmember and a staff person of the Office for the
Environment authorized by the Commissioner of Community Development. The
verification must take place within two weeks of the first date cited on the
petition. Upon written notice of verification from the South District
Councilmember, Gelinmac Storage shall immediately decrease its operation of the
dehydration unit by 50% until the problem is corrected. If the problem of such
offensive odors is not corrected to the satisfaction of the South District
Councilmember within sixty (60), days then Gelinmac Storage shall cease all
operations and will not resume operations until the company has proved to the
satisfaction of a majority of the Common Council of the city of Buffalo at a
public hearing (held within twenty days of the Company's application for a
hearing) that the offensive odors have been mitigated by remedial measures
completed by the Company and approved by the New York DEC.
9. Restricted Use Permit for Special Coastal Review District.
Gelinmac Storage will operate its facilities under and pursuant to a one (1)
year permit issued by the City of Buffalo after approval by the Buffalo Common
Council. The annual permit will be renewable on a yearly basis subject to the
approval of the Buffalo Common Council. Any such operating permit shall be
limited to the operation of Gelinmac Storage Corporation at 60 Childs Street,
Buffalo, New York; if any new operator acquires and assumes operation of the
facilities, a new restricted use permit will be required from the City of
Buffalo upon approval of the new operator by the Buffalo Common Council.
PASSED.
AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD,
LOTEMPIO, PITTS, QUINTANA, WILLIAMS - 12
NOES - ZUCHLEWSKI - 1
No. 173
Gelinmac Storage, Negative Declaration
Use 20 Buffalo River
Item No. 4, C.C.P., Sept. 3, 1996
That the SEQR Negative Declaration of the lead agency, be and
the same hereby is adopted on 20 Buffalo River for Animal Feed Manufacturing
and that this Common Council does hereby assume the role of lead agency.
ADOPTED.
No. 174
Beneson Capital Company - Petition to Use
345 Amherst Street - Parking Lot
Item No. 161, C.C.P., September 5, 1996
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED.
No. 175
Pkg. Lot Violations - Grant/Amherst (EMC)
Item No. 13, C.C.P., December 26, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 176
Seizure of Autos by Enforce. Agencies
Item No. 67, C.C.P., January 9, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 177
Info. Seizure of Autos (CC)
Item No. 69, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 178
Municipalization of Electrical Distribution
Item No. 205, C.C.P., February 20, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 179
Niagara Mohawk - Municipalization of Elect. Distrib.
Item No. 85, C.C.P., March 5, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 180
Municipalization - Elect. Distribution/Lighting (PW)
Item No. 37, C.C.P., April 16, 1996
That the above mentioned item be and the same is hereby received
and filed.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED.
No. 181
Referendum of Municipal Electric Utility Service
Item No. 179, C.C.P., June 25, 1996
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That this Common Council directs the Corporation Counsel to prepare a
referendum pursuant to Article 14-A of the General Municipal Law of the State
of New York for Election Day, November 5, 1996, allowing the City of Buffalo to
establish a municipal electric utility service in accordance with the
following:
1. The plant and facilities for such service, to the extent prudent and
necessary, shall be acquired by condemnation in accordance with the laws, rules
and regulations of the State of New York from Niagara Mohawk Power Corporation
or shall be purchased, or constructed, or leased in accordance with the laws of
the State of New York; and
2. The maximum cost of such plant and facilities to be acquired by condemnation
from Niagara Mohawk Power Corporation or to be purchased, leased or constructed
shall be $624,015,570; with the estimated costs thereof being $68,628,603; and
3. The method of famishing service shall be through a contract or contracts to
be entered into in accord with the laws of the State of New York and/or the
development, construction, operation and maintenance by the municipal electric
utility of any necessary generation, transmission, distribution and incidental
facilities and equipment; and
4. The City of Buffalo will be assisted in the development and establishment of
the municipal electric utility by The Wing Group, 161 0 Woodstead Ct., Suite
220, The Woodlands, Texas 77380, under agreement which shall:
a. Provide all legal engineering and other professional services necessary and
prudent for the establishment of the municipal electric utility; and
b. Permit recovery of the costs incurred by The Wing Group in connection with
the establishment of the municipal electric utility system, and a return for
services and development costs; such recovery to be derived solely from savings
realized over time by the municipal electric utility's retail customers.
Mrs. LoTempio moved to amend to Receive and File the above item.
Seconded by Mrs. Lockwood.
ADOPTED.
AYES - BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12
NOES - COPPOLA - 1
No. 182
Niagara Mohawk - Municipalization of Electrical Service
Item No. 143, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 183
Niagara Mohawk - Freedom Info Req.
Municipalization of Elect Serv.
Item No. 144, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 184
Sale of Pagers/Beepers to Minors (City Clerk)
Item No. 48, C.C.P., April 16, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 185
Adv. Recycle Tech. - Alt. for Certain Trash Removal
Item No. 75, C.C.P., June 11, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 186
Process Est. City Garbage Distr.
Item No. 185, C.C.P., June 11, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 187
Oil Filter Recycling (PW)
Item No. 21, C.C.P., July 9, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 188
Encroach - Tifft Street Overpass
Item No. 22, C.C.P., July 9, 1996
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Michael Walravan, P.E., of Engineering Service
Associates, Inc., acting as agent for BOC Process Plants, to install a 10-inch
steel nitrogen gas line, which would encroach city right-of-way at said
location, subject to the following conditions:
1. That any and all other City of Buffalo permits necessary for said
installation be obtained.
2. That the gas line be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Engineering.
3. That the applicant be responsible for maintaining said gas line as long as
it remains within City right-of-way.
4. 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
encroachment.
5. In the event that the Commissioner of Public Works determines the
encroachment must cease as a result of factors effecting 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.
6. If the gases used within the Pipeline change to something other than
nitrogen, the applicant must return to the Common Council to obtain a new
permit prior to such change.
PASSED.
AYES - 13 NOES - 0
No. 189
Conrail - Encroachment Tifft St. Overpass
Item No. 133. C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 190
Good Neigh. Comm. - Encroachment Tifft St. Overpass
Item No. 138, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed
ADOPTED.
No. 191
US Post Office. - Leg. to Improve St. Number ID
Item No. 77, C.C.P., July 9, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 192
Notification Serial #8684
Install No Parking on Lexington Avenue
Item No. 24, C.C.P., July 23, 1996
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED.
No. 193
Notification Serial #8685-8696
Repeal of Permissive Parking on Clinton Street, etc.
Item No. 32, C.C.P., Sept. 3, 1996
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
Pursuant to Subdivision 3 of Section 33 of Chapter 479 of the Code of the City
of Buffalo, the changes to the traffic ordinances (Chapter 479 of City Code);
that the Notification Serial Nos. 8685-8696 are received and filed.
ADOPTED.
No. 194
Encroach - 1516 Niagara Street - Right-of-Way
Item No. 43, C.C.P., July 23, 1996
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Peter Gerace, owner of Rascals Restaurant,
located at 1516 Niagara Street, to install a stockade fence, which would
encroach city right-of-way at said address, subject to the following
conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary.
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 Commission 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.
PASSED.
AYES - 13 NOES - 0
No. 195
K. Gemerek - Complaints - Treatment by BSA
Item No. 85, C.C.P., July 23, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 196
K. Gemerek - Complaints - Treatment by BSA (BSA)
Item No. 117, C.C.P., Sept. 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 197
Near Eastside Youth Planning Council
Renaming War Memorial Stadium
Item No. 101, C.C.P., July 23, 1996
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved:
That the above item be and the same is received and filed.
ADOPTED.
No. 198
Info. War Mem. Stadium Name Chg. (CC)
Item No. 66, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 199
Ord. Amend. - Chapter 103
Bldg. Construction/Demos; Fire Prevention
Item No. 199, C.C.P., 7/23/96
That the Ordinance Amendment, Chapter 103, Building, construction
and demolitions; fire prevention, as contained in item No. 199, CCP, July 23,
1996 be and the same is hereby approved.
PASSED.
AYES - 13 NOES - 0.
No. 200
Invest. Rpt. on Racial Intolerance - Bflo. College (Hum. Rel)
Item No. 6, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 201
Kompson vs City (Newsstand - Dela/Hertel)
Item No. 71, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED.
No. 202
Liquor License Applns. (Cclk) (81 Abbott Tabled in Leg.)
Item No. 120, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 203
NYSDOT - Reply - Delaware Ave. Reconstr.
Item No. 141, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 204
Ordinance Amendment - Chapter 216
Garbage, Rubbish and Refuse
Item No. 187, C.C.P., September 3, 1996
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved:
That the above item be received and filed.
ADOPTED
No. 205
Ordinance Amendment - Chapter 175 - Fees
Item No. 188, C.C.P., September 3, 1996
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved that the above item be received and filed.
ADOPTED
No. 206
Ordinance Amendment - Chapter 263 Licenses
Item No. 189, C.C.P., September 3, 1996
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mrs. LoTempio now moved:
That the Ordinance Amendment as contained in item No. 189, C.C.P., September 3,
1996, be and the same hereby is approved.
PASSED.
AYES - BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12
NOES - COPPOLA - 1
No. 207
Req. Reversal - Ped. Traffic - Peace Bridge (3rd Res. only)
Item No. 196, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby referred
to the Committee on Community Development.
ADOPTED.
COMMUNITY DEVELOPMENT
HON. DALE ZUCHLEWSKI
CHAIRMAN
No. 208
LDA - 2468 Group, Inc.
Item No. 78, C.C.P., Sept 3, 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 Mr. Coppola, the item is properly
before the Common Council, and the hearing is opened.
CARRIED.
Appearances - Mr. Paladino
Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Quintana.
CARRIED.
Mr. Zuchlewski now moved:
Whereas, the Buffalo Urban Renewal Agency has duly designated 2468 Group, 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 2468 Group, Inc. and/or other legal entity to be formed was duly
designate as qualified and eligible Redeveloper by the Buffalo Urban Renewal
Agency, is hereby approved as the Redeveloper for 294 Plymouth Street.
2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other documents
necessary to convey land described in the proposed "Land Disposition Agreement"
to 2468 Group, Inc. and/or other legal entity to be formed in accordance with
the terms of said Agreements and for the consideration recited therein.
PASSED.
AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD,
LOTEMPIO, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12
NOES - PITTS - 1
No. 209
BEDC - Minority/Women Participation
NE Bflo. Pky. Proj. Const.
Item No. 72, C.C.P., July 9, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 210
A. Barns & O - Const. N.E. Bflo. Pkwy
Item No. 88, C.C.P., June 11, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 211
Minority/Women - N.E. Bflo. Pkwy Proj.
Item No. 162, C.C.P., June 11, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 212
Response - N.E. Bflo Pkwy (BEDC)
Item No. 83, C.C.P., July 23, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 213
C. McClanahan - Complaint - Treatment - N.H.C.
Item No. 164, C.C.P., July 23, 1996
That the above mentioned item be and the same is hereby received
and filed
ADOPTED
No. 214
Clean Up Buffalo (#215,2/20)
Item No. 168, C.C.P., April 30, 1996
That the above mentioned item be and the same is hereby received
and filed.
Mr. Zuchlewski now moved that the 1st Resolve be recommitted to the Committee
on Community Development and the remainder of the item be received and filed.
ADOPTED.
No. 215
F. Carter & O - Concerns Prop. Am. Axle Access Rd.
Item No. 90, C.C.P., June 11, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 216
Global Tele-Com-Root Bldg Renovation Concerns
Item No. 95, C.C.P., July 23, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 217
CDBG Section 108 Funds
Market Arcade Facades/Root Building Project
Item No. 71, C.C.P., July 9, 1996
Item No. 157, C.C.P., July 23, 1996
That the City of Buffalo and the City of Buffalo Urban Renewal
Agency are hereby authorized to utilize a $1,653,904.00 Community Development
Block Grant Section 108 Guaranteed Loan and a $1,000,000.00 Urban Development
Action Grant for the Market Arcade Facades/Root Building Project to be
undertaken by the Buffalo Enterprise Development Corporation, as program
administrator, with the conditions as listed in the above-mentioned
communication.
PASSED.
AYES - 13 NOES - 0
No. 218
BEDC Sale of 621 Genesee Street
Item No. 129, C.C.P., Sept. 3, 1996
That the Buffalo Enterprise Development Corporation be, and they
hereby are authorized to transfer title of 621 Genesee Street to A.B.C. Brake
Company, Inc., in the amount of $5,000.00; and
That the proceeds of the proposed sale will be deposited in a trust fund to
maintain and market the remaining parcels, and to acquire added parcels from
the City, as per the Administrative Agreement approved by the Common Council.
PASSED.
AYES - 13 NOES - 0
No. 219
BEDC - Six Month Progress Report
Item No. 130, C.C.P., September 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 220
Negative Declaration
Worthington Business Center Industrial Access Road
Item No. 55, C.C.P., Sept. 3, 1996
That pursuant to Part 617 of the implementing regulations pertaining
to Article 8 (SEQR - State Environmental Quality Review) of the Environmental
Conservation Law a Negative Declaration of the lead agency, the Department of
Public Works, be and the same hereby is adopted on the Worthington Business
Center Industrial Access Road.
ADOPTED.
No. 221
Negative Declaration - Riverside Park Master Plan
Item No. 82, C.C.P., Sept. 3, 1996
That pursuant to Part 617 of the implementing regulations pertaining
to Article 8 (SEQR - State Environmental Quality Review) of the Environmental
Conservation Law a Negative Declaration of the lead agency, the Department of
Community Development, be and the same hereby is adopted on the Riverside Park
Master Plan Improvements.
ADOPTED.
RESOLUTIONS
No. 222
By: Mr. Brown
Request Lease for Hewitt-Robbins Property
Whereas: The former Hewitt-Robbins plant at 240 Kensington Ave.
is currently owned by the city and has been a vacant parcel for many years; and
Whereas: Like most vacant land, this site is vulnerable to illegal dumping and
it is difficult to keep it from being an eyesore and a detriment to the
community; and
Whereas: Metzinger Construction, Inc, has come forward with a proposal to use
this property as a recycling facility for construction and demolition debris;
and
Whereas: In addition to the advantages of having this property put to
productive use, the company has offered to limit their hours of operation, to
landscape and berm the site, to offer preference in employment opportunities to
neighborhood residents, and to provide supplementary snow plowing on Pauline,
Halbert and Dewey Streets;
Now, Therefore, Be It Resolved That:
This Common Council requests the Corporation Counsel to draft a 2 year lease
with Metzinger Construction for the Hewitt-Robbins property; and
Be It Further Resolved That:
This lease include a 90-day termination clause whereupon the city can evict
Metzinger Construction with 90 days notice if the City, the Council, or the
community is unsatisfied with Metzinger's performance; and
Be It Further Resolved That:
Among the issues to be addressed in the lease are truck traffic, types of
materials to be recycled, working hours, landscaping, employment at the
facility, dust suppression, snow removal, and conditions for renewal; and
Be It Finally Resolved That:
The lease be reviewed by neighborhood organizations before the Council votes on
accepting it, and that before even considering the possibility of renewing the
lease, that the consent of a majority of the residents of the surrounding
community must be secured.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 223
By: Mr. Brown and Ms. Gray
Removal of Pay Phone at East Ferry and Wohlers
Whereas: Chapter 441 of the Code of the City of Buffalo regulates
the placement and operation of telephone facilities in the public right-of-way;
and
Whereas: According to the terms of this ordinance, permission was granted for
the placement of a pay telephone at the corner of East Ferry and Wohlers Ave.;
and
Whereas: This telephone has been used for criminal activities, and its presence
has had a significant detrimental impact upon the surrounding neighborhood; and
Whereas: The continued operation of this telephone at this location will have a
further negative effect upon the public health., safety, appearance and general
welfare of the community, and it should be removed as soon as possible in order
to protect the residents and their neighborhood;
Now, Therefore Be It Resolved:
That this Common Council finds that the public telephone located at East Ferry
and Wohlers Ave. has had an adverse impact upon the surrounding community; and
Be It Further Resolved:
That this Common Council directs the City Clerk to schedule a public hearing
regarding the removal of the public telephone located at East Ferry and Wohlers
Ave. during the next meeting of the Legislation Committee on Tuesday, September
24, 1996 at 2: 00 PM; and
Be It Finally Resolved:
That the City Clerk also be directed to publicly advertise this hearing, and
send a notice to the owner of the telephone and to residents of the surrounding
neighborhood.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE
COMMISSIONER OF PUBLIC WORKS.
No. 224
By: Mr. Brown and Ms. Kavanaugh
Establish Joint M/WBE Utilization Policy
Buffalo Public Schools and the City of Buffalo
Whereas: Over the next four years the Buffalo Public Schools are
undertaking an $80,000,000 capital program to renovate old schools and build
new schools; and
Whereas: The Buffalo Public Schools spend approximately $30,000,000 on
purchases annually; and
Whereas: The City of Buffalo has a policy to encourage the utilization of
minority business enterprises and women-owned business enterprises (M/WBE) on
construction and purchasing contracts; and
Whereas: The Buffalo Board of Education currently has no policy regarding the
utilization of M/WBE on its construction and purchasing contracts;
Now, Therefore, Be It Resolved:
That this Common Council work with the Buffalo Board of Education and the
appropriate City of Buffalo departments to develop a joint policy to ensure the
participation of M/WBEs on the Board's and City's construction and purchasing
contracts.
REFERRED TO THE COMMITTEE ON EDUCATION, THE CORPORATION COUNSEL AND THE BOARD
OF EDUCATION.
No. 225
By: Mr. Czajka
Salary Ordinance Amendment
01 Common Council
03 Mayor and Executive Department
50 Department of Human Services, Parks and Recreation
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 01 Common Council, 03 Mayor and Executive Department, and 50
Department of Human Services, Parks and Recreation under the various
subheadings relating to positions listed below is hereby amended as follows:
(NOTE: Old Salaries are in brackets)
01-0 COMMON COUNCIL
Intern II (Hourly) ($4.25) $4.75
03-0 MAYOR AND EXECUTIVE DEPARTMENT
Intern II (Hourly) ($4.25) $4.75
50-2 DEPARTMENT OF HUMAN SERVICES, PARKS AND RECREATION - DIVISION OF
RECREATION
Swimming Pool Attendant (Hourly) ($4.68) $4.75
Rink Attendant (Hourly)($4,68) $4.75
Rink Caretaker (Hourly)($4.50) $4.75
50-6 DEPARTMENT OF HUMAN SERVICES, PARKS AND RECREATION - DIVISION FOR YOUTH
Attendant - Lighted Schoolhouse (Hourly) ($4,42) $4.75
Part Time
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, JAMES W. PITTS, Common Council President, ANTHONY M. MASIELLO, Mayor,
DANIEL T. DURAWA, Commissioner of Human Services, Parks and Recreation, 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.
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, pursuant to
Section 454 of the Charter of the City of Buffalo, hereby certify that
considering the determination of the public arbitration panel and contingent
upon prior or concurrent action to provide and authorize funding thereof, the
interests of the City will be subserved by the increase in compensation
provided for the positions set forth in the foregoing ordinance.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
PASSED.
AYES - 13 NOES - 0
No. 226
By: Mr. Czajka
Salary Ordinance Amendment
21 - 0 Department of Fire
021- Administrative Services
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 21 -0 021 Department of Fire - Administrative Services which reads:
1 Senior Typist$21,387 - $23,919
is hereby amended to read:
1 Senior Account Clerk Typist $21,610 - $24,282
WE, CORNELIUS J. KEANE, Commissioner of Fire, 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. 227
By: Mr. Czajka
Salary Ordinance Amendment
Enterprise Fund - Refuse & Recycling
70 - Department Of Street Sanitation
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo,
relating to 450 Enterprise Fund - Refuse & Recycling, 70-0 Department of Street
Sanitation, is hereby amended by adding thereto:
450 - ENTERPRISE FUND - REFUSE & RECYCLING
70 - DEPARTMENT OF STREET SANITATION
011 - Collection of Refuse & Recycling
1 Director of Refuse & Recycling $38,000-40,948
1 Deputy Commissioner of Street Sanitation $40,948
2 Superintendent of Street Sanitation $30,367-35,386
1 Chief Dispatcher$26,704-30,669
10 Supervisor of Street Sanitation I $26,067-29,741
1 Sup. of Street Sanitation I (Pete Rose, Only) $26,067-29,741
5 Dispatcher$24,426-27,597
58 Truck Driver - Streets$23,964-26,691
78 Street Worker$23,213-26,327
3 Sanitation Worker$22,647-25,266
7 Laborer II (Daily)$85.00-96.92
10 Laborer II (Hourly)$10.15-11.54
032 - Building & Fleet Maintenance
1 Fleet Coordinator$35,020
1 Motor Equipment Maintenance Supervisor $26,704-30,669
19 Motor Equipment Mechanic $25,137-28,311
1 Combination Welder$24,426-27,597
2 Welder $23,958-27,018
7 Laborer II (Daily)$85.00-96.92
10 Laborer II (Hourly)$10.15-11.54
1 Laborer I (Hourly)$9.29-10.54
TEMPORARY SERVICES AS REQUIRED
Clerk (Hourly) $5.20
and further,
that part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo,
relating to 70-0 Department of Street Sanitation, under the heading "013 -
Cleaning of Streets and Snow Removal" is hereby amended by adding thereto:
1 Deputy Commissioner of Street Sanitation $40,948
20 Truck Driver - Streets$23,964-26,691
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, VINCENT J. LOVALLO, Commissioner of Street Sanitation and JAMES B. MILROY,
Director of the Budget, hereby certify that the above changes are 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 amounts set forth in the foregoing ordinance.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
PASSED.
AYES - 13 NOES - 0
No. 228
By: Mr. Czajka
Salary Ordinance Amendment
10 General Services
- 4 Inventory And Stores
- 002 Print Shop
The Common Council of the City of Buffalo does ordain as follows:
That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo,
relating to 10 4 - 002 Department of General Services - Inventory and Stores -
Print Shop is hereby amended by adding thereto:
1 Print Shop Supervisor$29,732-$35,926
WE, ALBERTO J. DEL VALLE, Commissioner of General Services, 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 EDUCATION, AND THE BOARD OF EDUCATION.
No. 229
By: Mr. Franczyk
Remove 761-763 Sycamore From Foreclosure
Whereas: The Faith Chapel Church of the Gospel Ministry at 761-763
Sycamore Street regularly cuts the grass on the lot it owns; and,
Whereas: The Church received a bill from the city for grass cutting services,
although in a report to the Council, the Streets/Sanitation Department has no
record on cutting the grass or billing the Church; and,
Whereas: The Church is now up for tax foreclosure because they didn't pay the
original bill of $98.00 (which they said they never received and interest
charges.
Now Therefore Be It Resolved:
Since the city has no record of ever cutting the grass, and the reverend
routinely cuts his own grass, that the foreclosure charges and original bill of
$98.00 be forgiven and 761-763 Sycamore be taken off the tax foreclosure list.
PASSED.
AYES - 13 NOES - 0
No. 230
By: Ms. Gray
Open "Home Ownership Zone Project" to Other Developers
Whereas: The City of Buffalo will be applying for funding through
the federal "Home Ownership Zone Project" program; and
Whereas: If successful, this project could bring $40 million worth of new
housing development into the City; and
Whereas: Despite the large scope of this project, which could involve as many
as 700 new homes, only two developers are specified in the application; and
Whereas: Deputy Commissioner Anthony Marconi, appearing before the Council's
Committee on Community Development, said that the work would not necessarily be
limited to the two developers named in the application; and
Whereas: It is clearly in the best interests of the City of Buffalo that more
than just two builders participate in this project; and
Whereas: The involvement of more qualified developers would not only increase
the potential economic impact of the project, but it would help ensure that the
housing which will be constructed will be the best possible product at the best
possible price; and
Whereas: It should be made clear in the Home Ownership Zone Project application
that other developers who meet the necessary qualifications will be given the
opportunity to participate in this project; and
Whereas: Qualified developers should also be kept informed about status of and
requirements for this program by the Department of Community Development;
Now, Therefore Be It Resolved:
That the City of Buffalo's Home Ownership Zone Project application be amended
to include other developers who meet the qualifications determined by the
Department of Community Development; and
Be It Further Resolved:
That the Department of Community Development file its criteria for approving
developers for new housing construction; and
Be It Further Resolved:
That the Department of Community Development provide all qualified developers
with a copy of the final application, and make an effort to keep those
developers apprised of the status of this project.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, COMMISSIONER OF COMMUNITY
DEVELOPMENT AND CORPORATION COUNSEL.
Ms. Gray moved to amend and approve said item; seconded by Mr. Zuchlewski.
LOST.
AYES - COPPOLA, CZAJKA, FRANCZYK, GRAY, KAVANAUGH, ZUCHLEWSKI - 6
NOES - BROWN, HELFER, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS - 7
The item is deemed received and filed.
No. 231
By: Ms. Gray, Mrs. Miller-Williams, and Messrs. Zuchlewski and
Brown
Report on MBE/WBE Participation in Housing Construction
Whereas: In recent years, the city has undertaken a number of new
housing development projects, utilizing a variety of approved
developers/contractors; and
Whereas: As contracts are awarded to build new housing, a repeated concern
expressed by this Council has been the utilization of available, local workers,
particularly Minority and Women Business Enterprises (MBE/WBE), in the
construction of the housing; and
Whereas: It is the opinion of this Council that city residents should be given
the opportunity to participate as workers in the development projects, and that
the work force should reflect the makeup of the City's demographics; and
Whereas: While developers and their subcontractors involved in new housing
construction have consistently professed a willingness to reach out to the
community to employ the local work force, the success, or lack of same, of
their efforts has not been presented in a detailed format for analysis by this
Council;
Now, Therefore, Be It Resolved:
That the Common Council requests that the Mayor's Office of Contract Compliance
provide a detailed report on each of the currently approved developers/builders
- and their subcontractors - in new housing construction, and include the
following in the report:
percentage of minority/African American/women employees
employee recruitment policies
MBE/WBE utilization
percentage of city residents among employees
ADOPTED.
No. 232
By: Mr. Helfer
Garbage and Recycling Enterprise Fund Equipment
Whereas: The City of Buffalo is developing an Enterprise, Fund
for the pick-up and disposal of garbage and recycling including extended trash
pick-up of two items every other week; and
Whereas: This Enterprise Fund will charge $141.30 to a single family residence,
$169.18 to a double family residence, and also assess a charge to commercial
and not-for-profit properties based upon a usage formula; and
Whereas: It is the responsibility of this Council to monitor the costs of this
Enterprise Fund and to set a goal for the reduction of this fee for the
residents of this City; and
Whereas: The Direct Haul of garbage has been a successful pilot program for the
past month used in different areas of the City, eliminating transfer station
fees of $14.79 per ton of waste handled in an extra step of processing that is
unnecessary; and
Whereas: Early results of the direct haul method of disposing of solid waste
have shown a substantial savings in the disposal fees paid by the City of
Buffalo; and
Whereas: The City of Buffalo currently owns only two (2) 32 yard packer trucks
that are capable and appropriate for the transfer of a maximum of 17 tons of
garbage per load, maximizing the overall effects of the direct haul concept;
and
Whereas: Each truck that participates in direct haul will save the City of
Buffalo, depending on tonnage, anywhere from $150 to $220 per truck per day;
and
Whereas: The City of Buffalo picks up approximately 125,000 tons annually which
could equate to $1,848,750 in annual savings to the Enterprise Fund and the
City of Buffalo, less the annual debt service for equipment, gas, tolls, etc.;
and
Whereas: The City budget office is using full cycle cost accounting methods for
the Enterprise Fund and will calculate the exact savings; and
Whereas: Snowfighting Equipment and Consultants of Buffalo, Inc. has provided
information to the City on large capacity portable transfer stations which
should be quickly assessed as to their feasibility within this program; and
Whereas: The implementation of the Direct Haul of Solid Waste in the City of
Buffalo would require a capital budget amendment to procure equipment;
Now, Therefore, Be It Resolved:
That this Common Council goes on record in support of Direct Haul
implementation and requests a report of the results of the pilot program from
the Department of Street Sanitation; and
Be it Further Resolved:
That the Corporation Counsel re-issue its opinion on the City of Buffalo
contract with C.I.D., specifying whether the City is required by that contract
to dispose of solid waste at the transfer station; and
Be it Further Resolved:
That Administration and Finance and the Budget Director report to this Council
with information on the feasibility of the purchase. This report should
include:
a. Number and types of equipment to be purchased to maximize program savings
b. Annualized cost to the Enterprise Fund for this purchase
c. Potential savings to the Enterprise Fund from the implementation of the
Direct Haul concept with appropriate equipment
d. All other related overhead i.e. gas, tolls, maintenance budgeted for one
year
e. Procedures for capital budget amendment within the Enterprise Fund
Be it Finally Resolved:
The Commissioner of Street Sanitation shall report to this Council by October
1, 1996 his recommendation on the implementation of the Direct Haul program
with the appropriate equipment.
Mrs. LoTempio moved that the First Resolve be adopted and the remainder of the
item referred to the Committee on Legislation, the Corporation Counsel, the
Commissioner of Street Sanitation and the Commissioner of Administration and
Finance.
Seconded by Mr. Helfer.
ADOPTED
No. 233
By: Ms. Kavanaugh
Establish Points System for Sale of Foreclosed Properties
Whereas: Foreclosure proceedings are necessary when property owners
become delinquent in the payment of real property taxes and other liens; and
Whereas: Tenants of foreclosed properties are often the unfortunate victims of
foreclosure proceedings; and
Whereas: As occupants of properties at the time of foreclosure, tenants should
be encouraged and assisted by the City of Buffalo if they have an interest in
purchasing the foreclosed property; and
Whereas: The published foreclosure list is attractive to absentee landlords and
others who would exploit properties and tenants for financial gain; and
Whereas: The City of Buffalo should assist potential owner-occupants because a
higher rate of owner occupancy will benefit the community in which the property
is located as well as the entire City of Buffalo; and
Whereas: The City of Buffalo can assist tenants and potential owner-occupants
by implementing a points system which would benefit these groups and would
enable the City to establish a stronger base of owner occupancy in many
neighborhoods; and
Whereas: In order to be considered as a responsible prospective buyer of a City
of Buffalo foreclosure property, interested parties must:
1. Satisfy any debt owed to the City of Buffalo.
2. Be deemed responsible bidders by the City Law Department and City Treasury
Department.
3. Agree to bring properties into code compliance at the behest of the Deputy
Commissioner of Neighborhoods, Housing and Inspections within one year;
Now, Therefore Be It Resolved:
That the Corporation Counsel's Office be directed to draft a points system
which would benefit tenants and potential owner-occupants and encourage them to
purchase foreclosed properties; and
Be It Further Resolved:
That foreclosure properties be sold to the responsible prospective buyer with
the greatest number of points under the points system on the condition that the
party has submitted a bid greater than or equal to the assessed value of the
property; and
Be It Further Resolved:
That the points system would award points to interested parties who have met
the above criteria in situations including, but not limited to the following:
1. Tenants of foreclosure properties should receive a set number of points
based on their tenant status.
2. A set number of points should also be awarded to prospective buyers who
agree to reside in the property for at least two years; and
Be it Finally Resolved:
That the City of Buffalo Corporation Counsel's office submit its findings to
the Buffalo City Clerk, Room 1308 City Hall, by 2:00 p.m. Thursday, November 7,
1996.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF ASSESSMENT,
COMPTROLLER, COMMISSIONER OF COMMUNITY DEVELOPMENT AND CORPORATION COUNSEL.
No. 234
By: Mrs. Lockwood
Permission to Hang Banners Along McKinley Parkway
Bishop Timon/Saint Jude High School - 50th Anniversary
Whereas: Bishop Timon/Saint Jude High School is celebrating their
50th Anniversary with a number of events planned throughout the school year;
and
Whereas: The Bishop Timon/Saint Jude High School Celebration Committee has
purchased a number of banners to be displayed on the light posts along McKinley
Parkway for the duration of these planned events; and
Whereas: The Celebration Committee has requested permission to display the
banners along McKinley Parkway from September 12, 1996 through May 20, 1997.
Now Therefore Be It Resolved That:
The Common Council hereby grants permission to the Celebration Committee at
Bishop Timon/Saint Jude High School to display the banners along McKinley
Parkway for the period of September 12, 1996 through May 20, 1997, providing
these banners meet the requirements from all pertinent City departments and
violates no existing law or ordinance.
PASSED.
AYES - 13 NOES - 0
No. 235
By: Mrs. Lockwood and Mr. Pitts
Telecommunications Ordinance
Whereas: The Office of the Corporation Counsel is in the process
of drafting a Telecommunications Ordinance, as directed by the Common Council
earlier this year (Res. 188, C.C.P. 2/6/96); and
Whereas: The Corporation Counsel was provided sample ordinances to use as
models, and the intention was to develop a clear, reasonable process for the
franchising and licensing of telecommunications providers; and
Whereas: The passage of the Telecommunications Act of 1996 made it more
important than ever that the city adopt such an ordinance in order to prepare
for the
Whereas: While the so-called information superhighway presents significant
opportunities, it also carries a certain degree of uncertainty and risk, with
serious fiscal and policy implications; and
Whereas: One example has been the issue of the construction of new
telecommunications facilities for digital cellular service, a relatively new
development that could have far-reaching consequences; and
Whereas: Therefore, this Telecommunications Ordinance should include provisions
which establish standards for telecommunications franchises and
telecommunications licenses which protect the best interests of the City of
Buffalo and its citizens;
Now, Therefore Be It Resolved:
That this Common Council request that the Corporation Council submit a
Telecommunications Regulatory Ordinance to this Honorable Body which includes
provisions for a clear application process for the franchising and licensing of
all telecommunications services; and
Be It Further Resolved:
That the Corporation Counsel file a response with the City Clerk by 2:00 PM on
Thursday, October 10, 1996.
REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL.
No. 236
By: Mrs. LoTempio and Mr. Helfer
Ordinance Amendment
Chapter 216 - Garbage, Rubbish and Refuse
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Sections 216-1 through 216-6, 216-8 through 216-10, 216-12 through 216-17,
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 Buffalo Animal Shelter 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 waste at a site not approved by the New York State Department of
Environmental Conservation.
(4) Litter.
(5) Scavenge.
(6) Collect residential solid waste for public collection in violation of
Section 294 of the Charter of the City of Buffalo.
216-4. [Vessels]Receptacles used for collection.
A. The Commissioner is authorized to adopt rules and regulations for
receptacles to provide for uniform types of receptacles.
B. Every [person who shall engage in the business of collecting and removing
refuse,] solid waste collector which collects and disposes of garbage, bones,
putrid and decaying meats or soap fat within the City of Buffalo shall use for
that purpose a [box or vessel] receptacle so constructed as to prevent the
escape of any offensive odor or [effluvia] vapor therefrom. Such a [box or
vessel] receptacle shall at all times, when not necessarily open for the
purpose of depositing the material collected therein, be kept securely covered.
216-5. [General requirements]Garbage receptacles for patron use.
A. [The owner or proprietor of any commercial establishment]Any commercial user
wherein food items are sold for off-premises consumption shall place a
[garbage] receptacle immediately outside the premises for the use of patrons to
discard said food items or their wrappings therein.
B. Said receptacle shall be secured to eliminate improper removal from the
site. Said receptacle shall be visible and accessible to the public and shall
be maintained in a clean and sanitary state. Said receptacle shall be covered
in such a fashion so as to eliminate the possibility of divergence by wind or
soaking by rain or snow or accessibility to animals.
C. Said receptacle shall not be allowed to overflow or in any way become a
health hazard or nuisance and shall be emptied in an approved fashion as
provided in the regulations of the Commissioner on a daily basis.
216-6. Preparation requirements.
A. It shall be the duty of each [householder] person to strain and securely
wrap in paper or plastic all garbage [and kitchen and table waste designed] set
out for public collection by the City. The Commissioner [of Street Sanitation]
is hereby authorized to decline to collect any garbage [or kitchen or table
waste] not so wrapped.
B. Loose disposal of syringes, lancets and needles is hereby prohibited.
Syringes, lancets and needles are hereby deemed to be regulated medical waste,
which the City shall not collect, and such regulated medical waste must be
collected by 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
excessive accumulation of waste as determined by the Commissioner pursuant to
the rules and regulations promulgated by the Commissioner may be declared to be
a public nuisance. The Commissioner shall have the authority to abate any
public nuisance under this section and to impose the fees, charges and
penalties of this Chapter, according to the rates set out in Chapter 175, Fees,
in this Code. as well as the costs of collection for such abatement.
216-7. [Applicability.]
Reserved.
216-8. Storage.
[No kitchen refuse, table scraps, waste animals or vegetable matter or similar
]Garbage shall not be kept or stored upon any real property or premises by any
person[, firm or corporation] except in [tight metal containers with metal]
pest-proof receptacles with tight covers. Such [containers] receptacles shall
be kept tightly covered at all times except when deposits are being made
therein and during the time that garbage therefrom is being collected from the
real property or premises.
216-9. Deposit of material prohibited.
A. [A] No person shall place, deposit, leave, litter, throw, cast or dump, or
cause to be placed, deposited, left, littered, thrown, cast or dumped, or
permit any servant, agent, employee or other person under his control to place,
deposit, leave, litter, throw, cast or dump any [trash, ashes, broken articles,
garbage, junk, refuse or waste material]waste of any kind on any street,
sidewalk, or right-of-way (including the curbline), public park, public place
or any real property or premises within the City of Buffalo without the lawful
consent of the owner or lawful consent of the occupant in possession thereof;
provided, however, that nothing in this section shall authorize or permit any
action that would be otherwise prohibited, but for such consent, by any law.
Nothing in this section shall prohibit the dumping of [trash] solid waste in an
authorized municipal dumping ground.
B. The owner, operator, registrant and any occupants of a vehicle involved in
the [used to dump illegally shall be jointly and severally liable for] placing,
depositing, leaving, littering, throwing, casting or dumping any [trash, ashes,
broken articles, garbage, junk, refuse or waste material of any kind]waste on
any street, curbline, public park, public place or on any real property or
premises within the City of Buffalo without the lawful consent of the owner or
[tenant]the lawful consent occupant in possession thereof [and] shall be
jointly and severally liable for the penalties imposed pursuant to this Article
and shall each be guilty of a violation; provided, however, that nothing in
this section shall authorize or permit any action that would be otherwise
prohibited, but for such consent, by any law.
216-10. Rewards.
A reward of five hundred dollars ($500.00) is hereby offered to the person or
persons who furnish information leading to the apprehension, arrest and
conviction of anyone found guilty of illegal dumping within the City of Buffalo
as set out in this [Article] Chapter. Such reward shall not apply to any
employee, agent or servant of the City of Buffalo who acquires such information
during the discharge of his official duties. All claims for such reward must
be made to the City of Buffalo within ninety (90) days after the conviction of
any such person or persons.
216-12. [Removal]Collection of deposited material.
The owner or occupant of [any lands]real property or premises within the City
of Buffalo shall, upon the direction of the Health Commissioner, cause the
collection of any of the substances mentioned in 216-9 which shall have been
thrown, placed or deposited upon the [lands so owned or occupied to be
removed]owner's or occupant's real property or premises.
216-13 Maintenance of real property or premises; removal of manure.
A. Every owner or occupant of [lands] real property or premises within the City
of Buffalo shall keep [said lands] such real property and [buildings] premises
thereon, of whatsoever kind, free and clear of any kind of filth or dirty water
or unwholesome matter and of all the substances specified in Article I of this
Chapter and 216-9 of this Article.
B. Every owner or occupant of [lands or buildings] real property or premises in
the City of Buffalo keeping horses, cows or other quadrupeds within the limits
of said City shall remove from the real property or premises all manure
accumulating thereon as often as required by the Health Commissioner.
C. Every owner or occupant of [lands]real property or premises on or in which
horses, cows or other quadrupeds are kept and each and every owner of such
animals or owner or occupant of the real property or premises shall, at all
times throughout the year, keep all manure in tight receptacles until such
manure is removed as required, and such receptacles shall in all respects
conform in material and manner of construction to the requirements of the
Health Commissioner.
D. The Health Commissioner may order any person who shall have thrown, placed
or deposited any material or substance contrary to the provisions of this
[Article] Chapter to remove the same in such manner and within such times as
may be designated.
216-14. Placement of material for collection; penalties for offenses.
A. No person shall deposit or leave or cause or allow any agents, subordinates,
[tenants]occupants or employees to deposit or leave in any public street,
curbline or public place any [dirt, ashes, rubbish, garbage, trash or other
waste materials] solid waste, unless the same [are] is in proper receptacles,
no earlier than seven (7) p.m. on the evening [not more than twelve (12) hours]
prior to the [time] day of the regular collection as provided.
B. Any person violating the provisions of this section may be liable, in
addition to the general penalties, to the penalties established in Chapter 137,
Code Enforcement, Article I, of this Code.
216-15. Rules and regulations.
A. The Commissioner [of Street Sanitation] shall designate days for the removal
of [garbage, ashes and rubbish] solid waste from the several streets of the
City, and on those days it shall be lawful for any person to place at the
curbline in front of the premises occupied by him all [garbage, ashes, rubbish
and dirt] solid waste collected from the lot owned or occupied by him in
[barrels, metal cans, plastic containers] receptacles or plastic bags properly
closed with a twist tie or string. The Commissioner is authorized to adopt
rules and regulations for receptacles to provide for uniform types of
receptacles. All owners [of property] shall assure that [tenants]occupants
comply with this requirement.[ Only in the case of express direction of the
Commissioner of Street Sanitation shall it be the duty of employees of the
Department of Street Sanitation to bring the same from the premises occupied,
and then only provided that it shall not be found in a place inconvenient or
inaccessible in the judgment of the inspector in charge of such work.]
B. All refuse [material] offered for collection shall be divided into two (2)
classes, as follows:
(1) Class 1: combustible material. Such material [are defined as materials
that will readily and safely burn at the city incinerator and may be properly
disposed of there. This classification shall include garbage, paper, wood and
such other readily combustible materials which may be placed in a container
with the garbage. such container covered by a properly fitted metal cover.
This classification shall also include syringes, lancets and needles which have
been disposed of in a sealed and clearly marked container before being placed
in with other Class 1 material brought to the curb for collection. "Garbage"
shall include all refuse of animal or vegetable matter which was intended to be
used as food for man or beast. Garbage shall be thoroughly drained or strained
and wrapped in paper and shall be kept in such tight, metal covered
containers.] may be placed in a receptacle with the garbage, such receptacle
being covered by a properly fitted cover.
(2) Class 2: incombustible material. [Such materials are defined as materials
which will not readily or safely 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 material shall not be placed in the same receptacles with
combustible material and garbage.
C. Refuse of each of the two (2) classes above specified shall be kept in
separate [containers] receptacles and not in any case mixed with refuse of any
other class. No [container] receptacle in which refuse is offered for public
collection other than receptacles permitted by the rules and regulations
promulgated by the Commissioner [, if cylindrical,] shall be of greater
capacity than thirty-five ([30] 35) gallons, nor shall such [containers]
receptacles, including the contents thereof, be of greater weight than fifty
(50) pounds.
D. [Rubbish] Solid waste consisting of empty boxes, crates, cartons[, discarded
furniture] and other unwieldy objects shall be broken up and bundled into
compact bundles no longer than four (4) feet.
E. [In no cases, except as hereinafter provided for ashes from a heating plant
or cases wherein an additional charge is made and received, shall there be
received at any one (1) collection from any person offering the same any
greater quantity of solid waste arising from the operation of a business,
manufacturing or commercial establishment than one and one-half (1-1/2) cubic
yards[, except that this limitation of one and one-half (1-1/2) cubic yards per
collection shall not apply to ashes or other products from combustion from a
heating plant operated principally to furnish heat as distinguished from power
plants incidental to manufacturing or industrial operations]. Reserved.
F. [The Commissioner of Street Sanitation shall cause to be made not less than
one (1) collection per week of garbage, ashes and rubbish from the several
streets of the city and not more than three (3) such collections per week from
the premises devoted to business, manufacturing, commercial or institutional
uses or multifamily dwellings housing over four (4) families and shall remove
therefrom not more than one and one-half (1-1/2) cubic yards of such refuse
material from any one (1) premises during such regularly scheduled collection,
except ashes from a heating plant, unless an additional charge is made and
received therefor. Additional and extra collections may be made or greater
amounts of material may be removed from premises only under the following
conditions.] The billing for solid waste user fees is subject to service review
by the Commissioner, pursuant to the rules and regulations of the Commissioner.
Pursuant to such rules and regulations, the Commissioner may waive such
interest which may accrue on the disputed amounts of bills where the amount in
dispute is under $50.00. In the event a user fee bill is referred to a
collection agency, the collection agency's charges shall be added to the fees
with interest due and owing.
G. [There shall be a charge for the removal of such refuse materials in excess
of one and one-half (1-1/2) cubic yards or in excess of ten (10) thirty-gallon
containers for each regularly scheduled collection or for the additional extra
collection only according to the weekly rate set out in Chapter 175, Fees.] The
Commissioner shall have the power to enter into separate contracts with persons
from whom any additional or extra solid waste is to be collected and from whom
charges are to be received as provided by the schedule of charges set out in
Chapter 175, Fees.
H. [The Commissioner of Street Sanitation shall designate a schedule of
additional trash and rubbish collections during the course of the year,
commencing on April 1 and ending on November 30, on a biweekly basis and shall
prepare and promulgate rules and regulations for said additional collections,
including the following:
(1) No property shall have placed in front of the same for collection an amount
of trash and rubbish exceeding four and zero-tenths (4.0) cubic yards. Any
excess over four and zero-tenths (4.0) cubic yards will not be collected. Any
owner not removing excess trash from in front of the property shall be subject
to the penalties in 137-7 herein.
(2) All trash and rubbish must be bundled in four-foot lengths or, in the
alternative, must be placed in containers. Appliances, furniture and other
similar large items must be placed in a safe manner and shall not extend onto a
public street or sidewalk. No material placed for collection shall contain
nails, glass or other hazardous material.
(3) Owners wishing to dispose of amounts in excess of four and zero-tenths
(4.0) cubic yards shall apply for and receive from the Department of Street
Sanitation a load-dumping permit upon payment of a permit fee as set forth in
Chapter 175, Fees. Said permit shall entitle the holder to transport said
items to the appropriate city location and to dispose of said items at that
location without charge.
(4) Only property owners who have performed remodeling without utilizing
contractors for hire shall be allowed to place debris from remodeling for
special trash collections and only in accordance with the regulations
established herein. No contractor performing any remodeling for hire shall be
allowed to place any debris from said remodeling for special trash collections.
Violation of this section shall be cause for action against the license of the
contractor as provided in this Code.] The method of receiving of such payments
and the record and audit thereof shall be as ordered and directed by the City
Comptroller. All moneys received shall be paid into a solid waste enterprise
fund.
[I. The Commissioner of Street Sanitation shall have the power to enter into
separate contracts with persons from whom such additional and extra refuse is
to be collected and from whom charges are to be received as provided by the
above schedule of charges.
J. The method of collection of such payments and the record and audit thereof
shall be as ordered and directed by the Comptroller. All moneys collected
shall be paid into the general fund.
K. The above contract schedule shall take effect as of July 1, 1971, and shall
be the only method of assessment to be employed by the Commissioner of Street
Sanitation for any additional and extra collections, and he shall enter into no
other type of contract or arrangements for additional and extra collections.
L]I. [Refuse material] Solid waste of a combustible nature which shall be
delivered by a [person residing in or doing business in the City of Buffalo,
except licensed refuse collection contractors] residential or commercial user,
except solid waste collectors, shall, under the direction and control of the
Commissioner of Public Works, be received and disposed of at the City disposal
plant upon payment by the [person]user delivering same at the rate as provided
in Chapter 175, Fees; and further provided that the Commissioner of Public
Works may, before accepting such [refuse]solid waste, require evidence that the
source of such [refuse material] solid waste was generated within the City of
Buffalo.
[M]J. [Refuse collection contractors] Solid waste collectors holding a City
license under [Article III of this chapter of the Code of the City of Buffalo]
Chapter 263, Licenses, of this Code will be charged at the rate as provided in
Chapter 175, Fees.
[N]K. [Refuse material] Solid waste originating in the City, if of a proper
classification for dumping at a City disposal plant, shall, under the direction
and control of the Commissioner of Public Works, be received and disposed of at
City disposal plants upon payment to the City by the person delivering the
same, if other than a City department or agency, at the rate as provided in
Chapter 175, Fees; and further provided that the Commissioner of Public Works
may, before accepting such [refuse] solid waste, require evidence that the
source of such [refuse material] solid waste was within the City of Buffalo.
[O]L. All employees of the Department [of Street Sanitation] engaged in [the
work of] collecting [refuse] solid waste shall report each and every violation
of this section to the Commissioner[ of Street Sanitation].
[P]M. Any person violating the provisions of this section may be liable, in
addition to the general penalties, to the penalties established in Chapter 137,
Code Enforcement, Article I, of this Code.
216-16. Sale of collected material and rummaging prohibited.
No person shall buy or receive any solid waste [metal, paper, rags, bottles,
wood or other junk or discarded material of any kind] from any person
unauthorized to collect or receive solid waste
[dispose of the same who is engaged in the work of collecting rubbish, ashes or
garbage or other refuse under the control of the Commissioner of Street
Sanitation], and no such person [engaged in the work of such collection] shall
sell or dispose of any solid waste [material so collected or intended to be so
collected] except with the consent and in the manner prescribed by the
Commissioner of Public Works.
Any [The practice of] scavenging, rummaging into or picking discarded articles
or material out of solid waste [garbage, ashes, rubbish and other refuse placed
upon the streets for collection by the city] by persons other than owner or
occupant, authorized City employees or City contractors is hereby prohibited
[forbidden], and if the person so offending shall be a holder of a junk
dealer's license, such offense shall be sufficient cause for the revocation of
[his] that license in addition to [a] any fine or other penalty for any
violation hereof.
216-17. Dumping at other than a landfill prohibited.
No person shall dispose of inert fill or waste [materials] except at a landfill
licensed [hereunder] pursuant to this Chapter and Chapter 263, Licenses, of
this Code.
216-19. [License required.]
Reserved.
216-20. [Application procedure.]
Reserved.
216-21. [Review by Planning Board.]
Reserved.
216-22. [Bond and grading plan.]
Reserved.
216-23. [Issuance of license; duration.]
Reserved.
216-24. [License renewal.]
Reserved.
216-25. [Revocation.]
Reserved.
216-26. [Additional remedies.]
Reserved.
216-27. [Prohibited acts.]
Reserved.
216-28. [Penalties for offenses; rewards.]
Reserved.
216-29. [Cessation of operation.]
Reserved.
216-30. Legislative determination of intent.
A. The Common Council determines that the production by business, commercial or
manufacturing establishments of offensive or noxious odors is a detriment to
the comfort, convenience, safety, health and welfare of the citizens of the
City. The Common Council determines that no reliable scientific objective
standard or test for the existence of an offensive or noxious odor exists in
present-day science or technology. The Common Council further determines that
the detriment to the comfort, convenience, safety, health and welfare of the
citizens of the City caused by [noxious or offensive] offensive or noxious
odors emanating from a business, commercial or manufacturing establishment may,
under certain circumstances, be outweighed by and made secondary to the public
benefits, in the form of jobs, increased property taxes, promotion of the
highest and best use of [land] real property and premises and natural resources
and general economic stimulation, created by such a business, commercial or
manufacturing establishment.
B. To balance the public comfort and the economic well-being of the City of
Buffalo, the Common Council hereby establishes a system for the regulation of
such establishments, the initiation of which lies with specified percentages of
persons within a designated area. The final determination as to operation or
continuing operation of each establishment lies with this Common Council.
C. A petition seeking control or elimination of offensive or noxious odors,
containing the dated signatures of at least twenty percent (20%) of the owners
of real property or premises within the City within the area of land contained
in the impact area. The total number of owners or occupants within the impact
area to establish 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.
216-31. [Definitions.]
Reserved.
216-32 Regulated use permit.
Whenever a petition, as specified in this Article, is submitted to the City
Clerk stating that a use undertaken in an impact area is creating or has
created [noxious or offensive] offensive or noxious odors, that use may
continue without modification until the Common Council may authorize and
direct: the approval; the approval with conditions; or the denial of the
issuance of a regulated use permit pursuant to the provisions of this Article.
A. Should the Common Council deny issuance of such a regulated use permit, the
owners of such an establishment shall cause the operation of the establishment
to terminate within the number of calendar days prescribed by the Common
Council for such termination.
B. Should the Common Council determine that the use should be continued with a
condition or conditions, a regulated use permit shall be issued upon that
condition or conditions, subject to revocation by the Common Council should the
condition or conditions not be fulfilled.
216-33. Factors in making determination.
In making a determination under 216-32 of this Article, the Common Council
shall consider the following factors and make specified findings thereon:
A. Whether the use complained of in the petition predated the [residential uses
affected] owners' affected uses (including residential uses) of their
properties.
B. The economic impact on the [establishment] commercial user and the City and
its citizens of denying the use or permit or approving it with conditions,
including jobs lost, reduction in the taxable assessment base and the like.
C. Whether the [residents'] owners' loss of comfort can be compensated for
without the termination of or modification of activities by the [establishment]
commercial user.
216-34. Hearing procedures.
When the Common Council shall determine that there appears to have been
properly filed by the appropriate minimum number of owners within the impact
area a petition or petitions as herein prescribed, the Common Council shall, by
resolution, designate a hearing or hearings to be conducted by the Council in
accordance with this section and upon notice as hereinafter provided.
A. Service of notice.
(1) A notice of the hearing to be held shall be published in a newspaper of
general circulation at least ten (10) but not less than five (5) days before
the hearing or hearings, specifying the purpose of the hearing and its date,
time and place. Such a notice shall also be required to be sent by the
ordinary mail within the same time period to each person who signed the
petitions herein at the stated address in the petition.
(2) Notice shall also be served in the ordinary mail to the [business,
commercial or manufacturing establishment] commercial user named in the
petition at the address of such establishment's. The City Clerk shall take
such other steps as the Clerk may deem necessary to assure that the
establishment, through its representative, has notice of the hearing and of the
existence of the petitions. Upon the request of such [establishment]
commercial user, through its representative or representatives, further
information shall be provided regarding the petitions, any resolution of the
Council authorizing such hearing or hearings and the provisions of this
section. Notwithstanding the foregoing, if the [establishment] commercial
user, through its representative or representatives, shall request the Common
Council, through its President or any member, to recess the hearing for the
purpose of preparing a presentation to the Council, then such a recess shall be
granted to another day not more than one (1) month from the first hearing date.
B. Conduct of the hearing. During the course of the hearing or hearings,
persons so notified shall be offered the opportunity to present testimony and
evidence regarding the odor or odors emanating from the establishment and to
cross examine witnesses so testifying. Such testimony shall be recorded and a
transcript made available free of charge to anyone who testifies. At the
conclusion of the hearing or hearings, the findings, determinations and
recommendations based on the evidence received shall be reported to the Common
Council for consideration at its next regularly scheduled meeting. Such report
shall include, among other items, a determination as to whether the odor or
odors emanating from the establishment are [noxious or offensive] offensive or
noxious. If such a determination is made in the affirmative, the report shall
recommend to the Council what action, if any, the Council should take pursuant
to this section, including the issuance of a regulated use permit.
216-37. Remedies; action for permanent injunction.
Whenever the Common Council has determined by resolution, pursuant to Section
32 of the Charter of the City of Buffalo, that the operation of an
establishment shall terminate within a number of calendar days and the
operation is not terminated within that number of days, or when the Common
Council by resolution, pursuant to Section 32 of the Charter of the City of
Buffalo, has determined that a regulated use permit issued in accordance with
the provisions of this section should be revoked, the Corporation Counsel shall
bring and maintain a civil proceeding in the name of the City, in the Supreme
Court of the County of Erie, for a judgment permanently enjoining the operation
of the establishment from which [noxious or offensive] offensive or noxious
odors emanate. The existence of an adequate remedy at law shall not prevent
the granting of permanent injunctive relief pursuant to this Article.
A. With respect to any action commenced or to be commenced pursuant to this
Chapter, the Corporation Counsel shall file a notice of pendency pursuant to
the provisions of Article 65 of the Civil Practice Law and Rules.
B. The person [or other legal entity] in whose name the real [estate] property
affected by the action is recorded in the office of the Erie County Clerk shall
be presumed to be the owner thereof.
C. Whenever there is evidence that a person was the manager, operator or
supervisor or in any other way in charge of the real property or premises at
the time that [noxious or offensive] offensive or noxious odors are emanated,
such evidence shall be presumptive that he or she was an agent or employee of
the owner or lessee of the establishment.
D. A judgment awarding a permanent injunction pursuant to this Article may
direct the Sheriff of Erie County to seize and remove from the establishment
all material, equipment and instrumentalities used in the process which
produces [noxious or offensive] offensive or noxious odors and shall direct the
sale by the Sheriff of such property in the manner provided for the sale of
personal property under execution pursuant to the provisions of the Civil
Practice Law and Rules. The net proceeds of any such sale, after a deduction
of the lawful expenses involved, shall be paid into the general fund of the
City.
E. A judgment awarding a permanent injunction pursuant to this Article shall
direct the closing of the establishment by the Sheriff to the extent necessary
to abate the noxious or offensive odors and shall direct the Sheriff to post a
copy of the judgment and a printed notice of such closing. A closing by the
Sheriff pursuant to the provisions of this subsection E shall not constitute an
act of possession, ownership or control by the Sheriff of the closed real
property or premises.
216-38. Legislative determination of intent.
The reduction of the amount of solid waste and the conservation of recyclable
material are important public concerns. The separation and collection of
[newspaper] newsprint, paper, cardboard, glass, [cans] aluminum containers,
metal cans, plastic containers, vegetative yard waste and other material for
recycling from residential[,] and commercial[, industrial and institutional
establishments] users in the City will protect and enhance the City's physical
and visual environment [as well as promote the health, safety and well-being of
persons and property within the city by minimizing the potential adverse
effects of landfilling through reduction of the need for landfills and
conservation of existing landfill capacity, facilitating the implementation and
operation of other forms of solid waste management, conserving natural
resources and ensuring conformance with the New York State Solid Waste
Management Plan]. Such source separation and collection of recyclable material
will promote the health, safety and well-being of persons and property within
the City by minimizing the potential adverse effects of overusing landfill
through reduction of the need for landfills and conservation of existing
landfill capacity, facilitating the implementation and operation of other forms
of solid waste management, conserving natural resources and ensuring
conformance with the New York State Solid Waste Management Plan. The promotion
and use of recyclable material, goods produced from recyclable material and
goods which facilitate recycling will further serve the same purposes.
216-39. [Definitions.]
Reserved.
216-40. Requirements applicable to source separation and collection of
[designated recyclables] recyclable material for the curbline program.
All [designated recyclables] recyclable material as indicated by 216-43(B) of
this Chapter placed for collection at the [curbside] curbline, or other
location, by residents for collection pursuant to the [curbside] curbline
programs established pursuant to this Chapter shall be prepared for collection
in accordance with regulations promulgated by the Commissioner.
216-41. [Establishment of private collection program for multi-residential
complexes.]
Reserved.
216-42. [Requirements applicable to source separation and placement of
designated recyclables in recycling collection areas.]
Reserved.
216-43. Mandatory commercial[, industrial and institutional] users source
separation program.
A. All commercial[, industrial and institutional establishments] users within
the [area of the] City shall source-separate and arrange for the collection for
recycling of [recyclables] recyclable material as may be included in or added
to such [curbside] curbline program pursuant to the rules and regulations
promulgated by the Commissioner.
B. [Designated recyclables] Recyclable material for the mandatory commercial[,
industrial and institutional] user source separation program shall consist of
the following:
(1) [Newspaper] Newsprint.
(2) [High grade paper, including but not limited to white letterhead paper,
white bond paper, white typing paper, white copier paper, white note pad paper,
white writing paper, white envelopes without glassine windows, other non-glossy
white office paper without plastic, computer printout paper, computer tab cards
and white onion skin paper. ] Paper.
(3) Magazines[ and catalogs].
(4) [Corrugated] Cardboard.
(5) Glass [containers], plastic containers [and cans], aluminum containers, and
metal cans generated by food and beverage service establishments.
[(6) Vegetative yard waste.
(7) Construction/demolition debris.
(8) Large appliances.]
[(9)](6) Wood waste.
[(10) Tires.]
[(11)](7) Other recyclable material as designated by resolution of the [city]
Common Council or by the Commissioner's regulations promulgated under this
Chapter at all times thirty (30) days after said designation and publication of
notice in an official newspaper of the City or a newspaper of general
circulation within the City.
C. In any multi-residential complex, there shall be an area designated by the
Commissioner for the source separation, collection and delivery of recyclable
material included in the curbline program from occupants of such
multi-residential complexes pursuant to the rules and regulations promulgated
by the Commissioner.
D. The owner, manager or superintendent of every multi-residential complex
subject to Subsection A above shall provide and maintain, in a neat and
sanitary condition, recycling collection areas to receive recyclable material
included in the curbline program which are generated by residents of the
complex pursuant to the rules and regulations promulgated by the Commissioner.
In cases where a condominium, cooperative, homeowner or similar association
exists, the association shall be responsible for provision and maintenance of
the recycling collection areas.
E. Once the recycling collection areas for a particular multi-residential
complex have been constructed and are capable of receiving recyclable material
as may be included in or added to the curbline program, occupants of such
complex shall source separate such materials by placing them in the appropriate
receptacles or areas within the collection area pursuant to the rules and
regulations promulgated by the Commissioner, except qualified individuals with
a disability may source separate.
F. Recyclable material required to be placed in recycling collection areas
shall be prepared for collection pursuant to the rules and regulations
promulgated by the Commissioner.
[C]G. The arrangement for collection of [designated recyclables] recyclable
material shall be the responsibility of the [person who owns, manages or
operates the commercial, industrial or institutional establishment at which the
recyclables are generated ("generator")] commercial user or the agent or person
contractually obligated to the [generator] commercial user to arrange for
collection and disposal of its solid waste. The City reserves the right to
collect recyclable material placed at the curbline pursuant to the rules and
regulations promulgated by the Commissioner.
216-44. Special provisions regarding vegetative yard waste.
Nothing in this Article shall be construed as preventing any person from
utilizing vegetative yard waste for compost, mulch or other agricultural,
horticultural, [silvicultural] forestry, gardening or landscaping purposes
provided such vegetative yard waste is stored in a receptacle which shall be
covered in such a fashion so as to eliminate the possibility of divergence by
wind or soaking by rain or snow or accessibility to animals or pests. Grass
clippings, weeds, and leaves shall be placed for public collection in plastic
bags and other vegetative yard waste shall be placed in compact bundles no
longer than four (4) feet. Vegetative yard waste intended for composting shall
be prepared and placed for public collection pursuant to the rules and
regulations promulgated by the Commissioner.
216-45. Enforcement; rules and regulations.
The [Department of Street Sanitation/Public Works] Departments of Street
Sanitation and Public Works [is] are authorized to enforce the provisions of
this Article and to administer the [recycling]curbline program established
herein. The respective Commissioners of said Departments may adopt and
promulgate, amend and repeal rules and regulations implementing this Article in
order to carry out and effectuate the intent and purposes thereof.
216-46. Unlawful activities.
A. It shall be unlawful for:
(1) Any person, other than those persons so authorized, to collect or scavenge
any [designated] recyclable material which has been placed at the
[roadside]street or curbline for collection or within a recycling collection
area pursuant to this Article.
(2) Any person to violate or to cause or assist in the violation of any
provision of this Article or any implementing rule or regulation promulgated by
the Commissioner.
(3) Any person to place or to cause to be placed any material other than a
[designated] recyclable in or near a recycling collection area.
B. All unlawful conduct set forth in this section shall constitute a violation.
216-47. [Non-collection of solid waste contaminated by designated recyclables.]
Reserved.
216-48. Non-interference with existing contracts.
A. Nothing contained in this Article shall be construed to interfere with or in
any way modify the provisions of any existing contract in force in the City on
the effective date of this Article.
B. No renewal of any existing contract upon the expiration of the original term
thereof and no new contract for the collection, transportation, processing or
purchase of solid waste shall be entered into after the effective date of this
Article, unless renewal of such contract shall conform to the requirements of
this Article.
216-49. Reporting requirements.
A. All [permit holders (collection businesses)] solid waste collectors must
submit quarterly reports on the tonnages of material collected to be recycled
and the tonnages of material collected for disposal from within the City of
Buffalo.
B. All commercial[, industrial and institutional] users within the City of
Buffalo shall submit quarterly reports for all material reused and/or recycled
from their businesses that are in addition to the City's list of
source-separated material.
C. All reports are to be submitted to the Commissioner of Public Works.
216-50. Penalties.
Any person who engages in unlawful conduct as defined in this Article may, upon
conviction thereof in a proceeding before a court of competent jurisdiction, be
sentenced to imprisonment for a term of fifteen (15) days or to a term of
community service related to the purposes of this Article or to pay a fine of
not more than two hundred fifty dollars ($250.00) and not less than twenty-five
dollars ($25.00), or any combination of the above penalties.
216-51. Injunction; concurrent remedies.
A. In addition to any other remedy provided herein, the City of Buffalo may
institute a suit in equity where unlawful conduct exists for an injunction to
restrain a violation of this Article.
B. The penalties and remedies prescribed by this Article shall be deemed
concurrent. The existence or exercise of any remedy shall not prevent the City
from exercising any other remedy provided herein or otherwise provided at law
or equity.
C. The terms and provisions of this Article are to be liberally construed so as
best to achieve and effectuate the goals and purposes hereof.
216-52. [Severability; repealer.]
Reserved.
216-53. [Effective date.]
Reserved.
That Sections 216-7, 216-19 through 216-29, 216-31, 216-39, 216-41, 216-52 and
216-53 of the Code of the City of Buffalo be repealed.
That Chapter 216 of the Code of the City of Buffalo be amended to add a new
Article XI, Legislative Intent, to read as follows:
ARTICLE XI
LEGISLATIVE INTENT
216-54. Legislative findings and intent.
It is the purpose of this Chapter to provide for the protection of the public
health, safety and general welfare of the people of 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:
ARTICLE XII
SOLID WASTE COLLECTION AND USER FEES
216-55. Public collection of residential solid waste.
A. Residential solid waste shall be prepared for collection by residential
users in accordance with the provisions of this Chapter. The Commissioner may
promulgate rules and regulations covering the items of collection of solid
waste and such other matters pertaining to the public collection and disposal
of solid waste as he may deem necessary.
B. No person, except City employees in the performance of their official duties
and City contractors, shall engage in the collection of residential solid
waste.
C. No solid waste collector or regulated substance collector shall collect
residential solid waste unless authorized by the Commissioner.
D. The Department may collect residential solid waste (including solid waste
from vacant lots) 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, unless prevented by
occurrence or occurrences beyond the City's control, including, but not limited
to, a disaster, labor disturbance or strike, act of God, act of war, civil
disturbance, blizzard, or explosion. This collection shall also include the
removal and disposal of loose and scattered solid waste found at the curbline
at the time of public collection. This collection may also include clearing
vacant lots of solid waste.
F. The Commissioner shall designate a schedule of additional public collections
during the course of the year, commencing on April I and ending on November 30,
on a biweekly basis and shall promulgate rules and regulations for such
additional public collections.
G. The residential user solid waste fees are established as provided in Chapter
175, Fees, of this Code. The billing of such user fees shall be subject to
service review by the Commissioner pursuant to the Commissioner's regulations.
If payment of the user fee is not received within ten (10) days of the billing
date, a late charge of $10 shall be imposed, in addition to any interest which
may be due and owing.
216-56. Public collection of commercial solid waste.
A. Commercial solid waste shall be prepared for collection by owners, agents
and occupants in accordance with the provisions of this Chapter. The
Commissioner may promulgate rules and regulations covering the items of
collection of solid waste and such other matters pertaining to the public
collection and disposal of solid waste as he may deem necessary.
B. No person, except City employees in the performance of their official
duties, City contractors or solid waste collectors, shall engage in the
collection of commercial solid waste. No person shall buy or receive any solid
waste of any kind from any person unauthorized to dispose of the same, and no
such person engaged in the work of such collection shall sell or dispose of any
material placed at the curbline for public collection except with the consent
and in the manner prescribed by the Commissioner of Public Works.
C. No solid waste collector or regulated substance collector shall collect
commercial solid waste without a contract with the commercial user unless
authorized by the Commissioner.
D. The collection of commercial solid waste may be made at a frequency
determined or negotiated by the Commissioner to be necessary and consistent
with the public health, safety and general welfare.
E. The Commissioner may cause to be made not less than one (1) public
collection per week of solid waste from the several streets of the City, unless
prevented by occurrence or occurrences beyond the City's control, including,
but not limited to, a disaster, labor disturbance or strike, act of God, act of
war, civil disturbance, blizzard, or explosion.
F. The commercial user solid waste fees shall be determined or negotiated by
the Commissioner, billing of which shall be subject to service review pursuant
to the rules and regulations promulgated by the Commissioner, provided,
however, that such fee shall not be set at a rate less than the rate provided
in Chapter 175, Fees, of this Code. The Commissioner may determine or
negotiate such fees based on factors such as, but not limited to, the type of
use of the establishment, square footage of the establishment, size of
receptacle and the frequency of public collection.
G. The Commissioner may negotiate the rate under the following bases.
1. The Commissioner may calculate the minimum rate by adding the fixed cost for
public collection and combining that with rate for the type of use of the
establishment serviced and the square footage of the establishment. The
Commissioner shall promulgate regulations identifying the type of use of
establishments. Type I user category, Low User, shall be a commercial user
which generates 0 to 40 pounds of solid waste per 100 square foot of the
establishment; Type II user category, Med-Low User, shall be a commercial user
which generates 40 to 80 pounds of solid waste per 100 square foot of the
establishment; Type III, Medium User, shall be a commercial user which
generates 80 to 120 pounds per 100 square foot of the establishment; Type IV,
Med-High User, shall be a commercial user which generates 120 to 160 pounds of
solid waste per 100 square foot of the establishment; and Type V, High User,
shall be a commercial user which generates over 160 pounds of solid waste per
100 square foot of the establishment.
2. Alternatively, the commercial user may rent a dumpster from the Department,
at the rates as set forth in Ch. 175, Fees, of this Code.
H. If payment is not received within ten (10) days of the billing date, a late
charge of $10 shall be imposed, in addition to any interest which may be due
and owing.
216-57. Past due accounts; property consolidation.
A. The Department shall refer all past due accounts to the Division of
Collections in the manner prescribed by the Division of Collections. The
Division of Collections shall perform necessary collection and billing of such
past due accounts with the assistance of the Department of Law as required.
The Division of Collections may engage the services of private credit or
collection agencies and other professional services as deemed advisable. The
Comptroller shall prepare an annual report detailing the moneys and fees
collected and expended. Fees or charges in connection with the collection of
past due accounts may be imposed as provided for by this Chapter and Chapter
175, Fees, of this Code, and any and all fees collected upon past due accounts
pursuant to this Chapter or Chapter 175 shall be accounted for separately
within the Solid Waste Enterprise Fund. All such amounts collected pertaining
to the public collection of solid waste shall be deposited to the Solid Waste
Enterprise Fund.
B. During the fiscal year ending June 30, 1997, the Common Council may, by duly
adopted resolution, provide that an owner's public collection bill be adjusted
by reason of the owner combining a parcel with improvements and an adjoining
vacant lot under a single deed. Any such adjustment shall be limited to the
quarter such deed is filed until June 30, 1997.
216-58. Solid Waste Enterprise Fund.
The Comptroller shall establish and maintain a separate accounting fund to
record and report the financial activity related to the public collection and
disposal by the City of refuse, recyclable and other solid waste material as
designated by the Commissioner. This fund shall be separate and distinct from
the City's general fund and shall be known as the Solid Waste Enterprise Fund.
This fund shall be maintained on the same fiscal year as that of the City.
Notwithstanding any other law to the contrary, the fees, charges, late fees,
interest, and other costs and disbursements charged and collected pursuant to
Article 15 of the Charter or this Chapter, pertaining to public collection of
solid waste, shall be paid into the Solid Waste Enterprise Fund. Each year the
Mayor, at the time of the submission of the annual budget estimate to the
Common Council, shall submit a statement of estimated revenues, expenditures
and changes in the fund as well as the fund balance for the current fiscal
year, together with an estimate of expenditures for the next fiscal year and
shall recommend basic residential and commercial rates for public collection.
That Chapter 216 of the Code of the City of Buffalo be amended to add a new
Article XIII, General, to read as follows:
ARTICLE XIII
GENERAL
216-59. Construction.
The terms and provisions of this Chapter are to be liberally construed so as
best to achieve and effectuate the goals and purposes hereof.
216-60. Owner responsibilities.
Owners of real property or premises shall be responsible for compliance with
provisions of this Chapter and shall remain responsible therefor regardless of
the fact that this Chapter may also place certain responsibilities on occupants
and regardless of any agreements between owners and occupants as to which party
shall assume responsibility.
216-61. Solid Waste Advisory Committee.
A. Purpose.
There is hereby created the solid waste advisory committee, which shall advise
the Commissioner on policies regarding the City's collection and disposal of
solid waste and recycling.
B. Composition, Term, and Removal.
The solid waste advisory committee shall consist of eleven (11) members: the
Commissioner shall serve as chair of the committee; five (5) qualified electors
of the City of Buffalo appointed by the Mayor; the President of the Common
Council or designee; three (3) qualified electors of the City of Buffalo
appointed by the Common Council; and the Comptroller of the City of Buffalo or
designee. The term of appointed members shall be three years, except that of
the members first appointed, of whom two (2) of the mayoral appointees shall be
appointed for a term of one year, three (3) mayoral appointees shall be
appointed for a term of three years, and three (3) of the Common Council
appointees shall be appointed for a term of two years. Each appointed member
shall serve until that person's successor is appointed and qualified. The
terms of the Commissioner, President of the Common Council or designee and the
Comptroller or designee shall expire concurrently with their respective terms
of office. Vacancies in the committee shall be likewise filled for the
unexpired portion of such term by the respective appointing authority. The
appointing authority may at any time remove any member it appoints for reasons
stated in writing after an opportunity has been afforded such member to be
heard. The members of the committee shall serve without compensation and such
City 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 Mayor, the Common
Council and the Commissioner as to policies, plans, programs or projects for
the development, maintenance and improvement of solid waste collection and
disposal and recycling policies in the City.
216-62. Complaint procedure.
The Commissioner shall hear and decide all complaints concerning the public
collection user fee. The complaint shall be filed within ten (10) days of the
issuance of a bill, in writing, with sufficient detail for a determination to
be made by the Commissioner based on the documents submitted and with a
statement that the information submitted is true and correct under penalties of
perjury and that any false statements made therein are punishable. The filing
of a complaint shall not relieve the owner from the obligation of making timely
payment of the disputed bill; provided, however, in the event the annual amount
in dispute is less than $50.00, the complainant may pay the lower amount. If a
bill is determined by the Commissioner to be incorrect, the Commissioner shall
determine the correct amount and the City shall refund any amount the
Commissioner has determined was overpaid. If a bill is determined by the
Commissioner to be correct, the complainant shall have 10 days to pay the
amount due, and if not paid, the complainant shall be subject to any interest
and late charges which may be due and owing. Any complainant dissatisfied with
the determination of the Commissioner shall have the right to file a notice of
appeal pursuant to the rules and regulations promulgated by the Commissioner.
Such appeals shall be heard by the public collection board of appeals in
accordance with the rules and regulations promulgated by the Commissioner.
Upon the presentation of all admissible evidence, the public collection board
of appeals shall determine whether the billing and/or classification is correct
or incorrect. Upon determining the billing and/or classification is incorrect,
the public collection board of appeals shall determine the correct billing
and/or classification, and shall direct the City to refund such sums that the
public collection board of appeals has determined were overpaid. If a bill is
determined by the public collection board of appeals to be correct, the
complainant shall have 10 days to pay the amount due, and if not paid, the
complainant shall be subject to any interest and late charges which may be due
and owing.
216-63. Public receptacles; receptacles for events.
A. Receptacles provided by the City and placed in streets, public parks or
other public places shall be used only for deposit of solid waste generated on
the street by pedestrians and motorists or generated by persons using the
public parks or other public places. The placing into such receptacles any
waste originating from residential or commercial users shall constitute illegal
dumping and is prohibited by 216-9 of this Chapter.
B. Receptacles provided by the City for events, special events pursuant to
Chapter 414, Special Events, of this Code, or projects shall be used only for
deposit of any waste generated at such event, special event or project. The
placing into such receptacles any waste originating from residential or
commercial users shall constitute illegal dumping prohibited by 216-9 of this
Chapter.
C. Usage fees, including any tipping costs, for the use of City-furnished
receptacles for events shall be as provided in Chapter 175, Fees, of this Code.
216-64. Penalties.
Unless otherwise provided in this Chapter, any person convicted of illegal
dumping or any other unlawful activity as defined in this Chapter within the
City of Buffalo shall be subject to a fine as prescribed in Chapter 137, Code
Enforcement, Article 1, of this Code.
216-65. Severability.
The provisions of this Chapter are severable. If any provision, paragraph,
subparagraph, sentence, clause, phrase or word of this Chapter or its
application to any person or circumstances is held invalid, said invalidity
shall not affect any other provision, paragraph, subparagraph, sentence,
clause, phrase or word or application which can be given effect without the
invalid provision, paragraph, subparagraph, sentence, clause, phrase or word or
application of the Chapter.
That Chapter 216 of the Code of the City of Buffalo be amended to add a new
Article XIV, Definitions, to read as follows:
ARTICLE XIV
DEFINITIONS
216-66. Definitions
The following terms and words, when used in this Chapter and in Article 15 of
the Charter of the City of Buffalo, shall have the meaning and effect as
follows:
ABANDON--To dispose of, burn, or store an accumulation of solid waste.
AGENT--A person authorized by another to act for the other person. This term
includes, but is not limited to, business representative, servant, employee, or
a person under another's control.
ALUMINUM CONTAINERS--Aluminum products and containers fabricated primarily of
aluminum and commonly used for beverages or other food products. This term
does not include regulated material.
ASHES--The residue of the combustion of solid fuels.
BOXBOARD--Wood pulp-based material which is usually smooth on both sides but
with no corrugated center. This term does not include material with wax
coating or regulated material.
BULK SOLID WASTE--Solid waste which is too large or too heavy to place in a
plastic bag or receptacle. This term includes discarded small household
furniture, bedding and mattresses, tree trimmings, hedge trimmings, hot water
tanks, televisions and other bulk household material not specifically
prohibited by this Chapter or by the rules and regulations of the Commissioner.
This term does not include regulated material.
CARDBOARD--Wood pulp-based material which is not specifically prohibited by
this Chapter and is normally used for packing, mailing, shipping, or
containerizing goods, merchandise or other material. This term does not
include material with wax-coating or which is soiled by any substance other
than water, or regulated material.
COMBUSTIBLE MATERIAL--Material which is apt to catch fire, capable of burning,
or that will readily and safely burn in an incinerator and may be properly
disposed of there. This term includes, but is not limited to, garbage, paper
and wood.
COMMERCIAL SOLID WASTE--All solid waste which is generated by, originating in
or around a commercial user. This term does not include regulated material.
COMMERCIAL USER--Any person who owns or occupies a parcel of land in the City
of Buffalo which is designed for or occupied by the use other than a one-,
two-, or three-family residential use. This term includes, but is not limited
to, multi-residential complex, government properties, institutional properties,
industrial properties, parking lots, parking garages, and parking ramps.
COMMERCIAL USER COLLECTION PROGRAM--Any recycling program for commercial users
other than the multi-residential complex program.
COMMISSIONER--The Commissioner of Street Sanitation or designee.
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 material, soil, rock, wood, wall coverings, plaster,
drywall, plumbing fixtures, non-asbestos insulation. roofing shingles,
asphaltic pavement, glass, plastics, electrical wiring and components,
carpeting, foam padding, linoleum and metals that are incidental to
construction, excavation. renovation, equipping, remodeling, repair or
demolition.
CONTAMINANT--Any physical, chemical, biological or radiological substance or
matter that makes impure, infects, corrupts, or otherwise contaminates another
substance or the environment.
CORRUGATED CARDBOARD--Any cardboard which is usually smooth on both sides with
a corrugated center and commonly used for boxes. This term does not include
material with wax coating or regulated material.
CURBLINE--The area between the sidewalk and the street curb, used for deposit
of solid waste for collection pursuant to this Chapter.
CURBLINE PROGRAM--Recycling programs pursuant to this Chapter and regulations
thereunder for source separation of recyclable material and other solid waste
for collection, and the collection and disposal of the separated recyclable
material and other solid waste. This term includes, but is not limited to,
residential user collection, multi-residential complex collection, and
commercial user collection programs.
DEAD ANIMALS--Animal carcasses or parts thereof; animals, or parts thereof,
that have died which are not otherwise hazardous, infectious, regulated medical
waste or regulated material. This term does not include the following: animal
carcasses or parts thereof from slaughterhouses; animal carcasses or parts
thereof specifically prohibited by this Chapter, rule or regulation of the
Commissioner, or other law; bodies of human beings or parts thereof.
DEPARTMENT--The Department of Street Sanitation unless otherwise specified
herein.
DISCARD--To abandon or recycle.
DISCARDED MATERIAL--All material which is abandoned, recycled or inherently
waste-like.
DISPOSAL--Any abandonment, discharge, deposit, injection, dumping, spilling,
leaking or placing of any waste into or on any land or water so that such waste
may enter the environment or be emitted into the air or discharged into any
waters, including groundwaters. This term includes the thermal destruction of
waste and the burning of such waste as fuel for the purpose of recovering
usable 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, pollutant or contaminant.
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 material.
GENERAL FUND--An account for all financial resources of the City of Buffalo
except those required to be accounted for in another fund, including an
enterprise fund.
GENERATION--Any act or process of bringing into being, origination, or
production of waste.
GLASS--New and used glass, used mostly for food and beverage containers, which
have been rinsed and are free of food contamination. This term includes clear
(flint), green and brown (amber) colored glass bottles. This term does not
include ceramics, plate glass, auto glass, Pyrex, leaded glass, mirrored glass
or flat glass, or regulated material.
GOVERNMENTAL AGENCY--Any federal, state, local or foreign government, political
subdivision, municipality, court, department, agency or other entity, body,
organization or group exercising 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 MATERIAL--Any material which is designated by the Commissioner or
another governmental agency, and which, when transported in commerce in a
particular amount and form, may pose an unreasonable risk to health and safety
or property. This term includes, but is not limited to, explosive material,
radioactive material, etiologic agent, flammable or combustible liquid or
solid, poison, oxidizing or corrosive material and compressed gas.
HAZARDOUS WASTE--Any waste, or a combination of wastes, which, because of its
quantity, concentration or physical, chemical or infectious characteristics,
may cause or significantly contribute to an increase in mortality or an
increase in serious irreversible or incapacitating reversible illness or may
pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported or disposed of or
otherwise managed. This term includes, but is not limited to, explosive
material, high-level or low-level radioactive material, toxic substances, solid
waste generated from the treatment, storage or disposal of hazardous waste, and
those substances which the Commissioner of Public Works or other governmental
agencies has identified as a hazardous waste pursuant to the above criteria and
has included on a list of hazardous waste promulgated by the Department of
Public Works or other governmental agency.
HEALTH COMMISSIONER--The County Health Commissioner of the County Department of
Health, as defined in 1-14 of this Code.
HIGH-GRADE PAPER--Any high-quality paper including, but is not limited to,
letterhead paper, bond paper, typing paper, copier paper, note pad paper,
writing paper, envelopes without glassine windows, other non-glossy office
paper without plastic, computer printer paper, computer printout paper,
computer tab cards, onion skin paper, and other high-quality paper. This term
does not include wax paper, plastic or foil-coated paper, styrofoam, wax-coated
food and beverage containers, carbon paper, blueprint paper, cardboard, or
paper which has been contaminated by food, or soiled by any substance other
than water, or regulated material.
HIGH-LEVEL RADIOACTIVE MATERIAL--Any highly radioactive material resulting from
the reprocessing of spent nuclear material, including, but not limited to,
liquid waste 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 an establishment. To qualify as an
"impact area," at least twenty percent (20%) of the area within the circle
drawn must include land designated for a residential use by Chapter 511,
Zoning, Articles IV through 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, but is not limited to, metal
cans, bottles, floor-sweepings, crockery or glass, ashes, products of
combustion and all other incombustible waste. This term does not include
earth, sand, lumber, brick, stone, concrete, plaster or other substances that
may accumulate as a result of building, construction or repair operations and
manure.
INDUSTRIAL WASTE--Regulated material which are generated by, or originates in
and around industrial processes and manufacturing operations or occurs as a
result of any industrial activity. This term includes, but is not limited to,
solids such as solidified chemicals, paints or 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, or
vegetative yard waste resulting from tree or landscaping services.
INFECTIOUS AGENTS--Organisms which cause disease or have an adverse health
impact on human beings or animals.
INFECTIOUS WASTE--Any waste which has been exposed to, or is comprised of
infectious agents and must, therefore, be isolated as required by environmental
law of 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 material 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 material.
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 secondhand
material of any kind, including, but not limited to, rags, paper, rubbish,
bottles, glassware, bags, cloth, rubber, iron, brass or copper, as defined in
Chapter 254, Junk Dealers and Pawnbrokers, of this Code.
LAND CLEARING--The act or process of removing obstructions from the surface and
subsurface of real property.
LANDFILL--Any disposal facility or part of a facility where waste is placed in
or on land, and which is not a land treatment facility, a surface impoundment,
or an injection well.
LARGE APPLIANCES--Discarded machine or device for performing a specific task.
This term includes stoves, refrigerators, dishwashers, dryers, washing
machines, scrap metal and other large appliances not specifically prohibited by
this Chapter or by the rules and regulations of the Commissioner. This term
does not include air conditioners, microwave emitting equipment, microwave
ovens, and televisions and regulated material.
LITTER--To throw, dump, deposit, place, or cause to be thrown, dumped, placed,
or deposited, any waste.
LOW-LEVEL RADIOACTIVE MATERIAL--Any radioactive material classified by the
Nuclear Regulatory Commission as low-level radioactive waste.
MAGAZINES--Glossy paper products not specifically prohibited by this Chapter or
the Commissioner. This term includes glossy catalogs and other glossy paper.
This term does not include regulated material.
MARSH OR WETLAND AREA--Any real property which may be permanently, temporarily
or intermittently covered with fresh or salt-water and commonly referred to as
flood basins or flats, meadows, shrub swamps, wooded swamps, 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 material.
MULTI-RESIDENTIAL 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.
MULTI-RESIDENTIAL COMPLEX COLLECTION PROGRAM--Any recycling program for source
separation, collection and disposal of recyclable material from the owners and
occupants of multi-residential complexes.
MUNICIPAL DUMPING GROUND--Such property as the City designates to accept solid
waste. This term includes, but is not limited to, the City's transfer
stations.
NEW YORK STATE SOLID WASTE MANAGEMENT PLAN--A plan adopted, pursuant to New
York State Environmental Conservation Law 27-0101 et seq., establishing a
scale of state priorities for solid waste management.
NEWSPRINT--Common, inexpensive machine finished paper made chiefly from wood
pulp and mostly used for newspapers. This term includes, but is not limited
to, newspapers, newspaper advertisements, supplement, comics, paperback books,
telephone books and inserts. This term does not include cardboard, magazines
or regulated material.
OCCUPANT--Any person who owns, controls, resides, rents, or otherwise occupies
real property or premises.
OFFENSIVE OR NOXIOUS ODOR--The minimum concentration of odor required to give
the first sensation of fetid or noisome odor to a person of average odor
sensitivity.
ONE-FAMILY DWELLING--A building containing one (1) dwelling unit and designed
or 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, newsprint, office paper, school paper,
non-glossy catalogs, junk mail and similar cellulosic material. This term does
not include wax paper, plastic or foil-coated paper, styrofoam, wax-coated food
and beverage containers, carbon paper, blueprint paper, cardboard, paper which
is contaminated by food, soiled by any substance or material other than water,
or regulated material.
PATRON USE--Any enjoyment of the commercial user's real property or premises by
a customer or client of that commercial user or the occupant of commercial
property.
PERSON--Any individual, firm, partnership, commission, company, corporation,
association, joint venture, cooperative enterprise, trust, estate, governmental
agency or any other legal entity or any group of such persons which is
recognized by law as the subject of rights and duties. In any provision of
this Chapter prescribing a fine, penalty or imprisonment, the term "person"
shall include, but is not limited to, the officers, directors, partners,
managers, trustees, agents or persons in charge of a firm, partnership,
commission, company, corporation, association, joint venture, cooperative
enterprise, trust, estate, or governmental agency or other legal entity having
officers, directors, partners, managers, trustees, agents or other persons in
charge.
PEST--Any plant or animal detrimental to humans or to their interests. This
term includes, but is not limited to, rats and pigeons.
PETITION--Any document seeking public redress, in the form prescribed by the
City Clerk, including any required number of dated signatures.
PETROLEUM--Oily, flammable liquid solution of hydrocarbons. Petroleum-based
oils of any kind which have been refined, re-refined, or otherwise processed
for the purpose of being burned as a fuel to produce heat or usable energy; or
which are suitable for use as a motor fuel or lubricant in the operation or
maintenance of an engine.
PLASTIC CONTAINERS--Containers composed of high-density polyethylene (HDPE),
low density polyethylene (LDPE), polystyrene and polyethylene terephthalate
(PET) or other specific plastics as the Commissioner may designate. This term
does not include regulated material.
PREMISES--A building or group of buildings constituting a single property and
the lot or parcel of land on which such building or buildings are located.
PREPARATION--Any process by which waste is made ready for collection and
disposal.
PUBLIC COLLECTION--Any collection or disposal of solid waste by the City of
Buffalo, including the collection and removal of scattered solid waste pursuant
to this Chapter or the rules and regulations promulgated by the Commissioner.
PUBLIC COLLECTION BOARD OF APPEALS--The board of appeals established pursuant
to article six of the Charter to review determinations made by the Commissioner
regarding public collection user fee complaints.
PUBLIC PLACE--Any real property or premises open to the use of the general
public. This term includes, but is not limited to, public parks, open spaces,
and other public places.
QUALIFIED INDIVIDUAL WITH A DISABILITY--A person with a disability who, with or
without reasonable modifications to rules, policies, or practices, the removal
of architectural, communication, or transportation barriers, or the provision
of auxiliary aids and services, meets the essential eligibility 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 material: aluminum
containers; glass; metal cans; plastic containers; boxboard; cardboard;
corrugated cardboard; paper; vegetative yard waste; wood waste; and such other
solid waste material which can be collected, separated and/or treated,
reclaimed, used or reused to produce new raw material or product as designated
in the rules and regulations promulgated by the Commissioner. This term does
not include regulated waste.
RECYCLING--Any method, technique or process by which materials, which otherwise
would become solid waste, are collected, separated and/or processed, treated,
modified, converted, reclaimed, used or reused so that its components may be
beneficially used or reused as raw materials or products.
RECYCLING COLLECTION AREA--Any facility designed and operated solely for the
receiving and storing of recyclable material.
REFUSE--All rejected or discarded putrescible and non-putrescible solid waste.
This term includes garbage, rubbish, and ashes. This term does not include
regulated material.
REGULATED MATERIAL--Any material which has been exposed to or is a chemical,
substance, waste, or pollutant, as defined in or governed by any environmental
law or as determined by any governmental agency or the Commissioner, including,
but not limited to, high-level and low-level radioactive waste, hazardous
material, hazardous waste, infectious waste, raw sewage, septage, sludge,
regulated medical waste, industrial waste, petroleum or waste oil.
REGULATED MEDICAL WASTE--Any waste which is generated in the diagnosis,
research, treatment or immunization of human beings or animals, or in the
production or testing 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, the federal government, or any department or agency thereof, to
collect, remove, transport, or dispose of any regulated material.
REGULATED USE PERMIT--A permit issued by the Common Council pursuant to
216-32 of this Chapter which allows or regulates the use of real property or
premises which creates or has created offensive or noxious odors.
RESIDENTIAL SOLID WASTE--Solid waste which is generated by, or originating in
and around residential user. This term does not include bulk solid waste or
large appliances in excess of the amounts specified in the Chapter or in the
rules or regulations of the Commissioner, or regulated material.
RESIDENTIAL USER--A person who owns or occupies an improved parcel of land in
the City of Buffalo which is designed for or occupied by a residential use with
three (3) or fewer dwelling units. This term includes, but not limited to,
vacant lots and two residential structures on one parcel.
RESIDENTIAL USER COLLECTION PROGRAM--Any recycling program concerning
residential users.
RESTRICTED LOCATION--Any area in which landfills are prohibited by provisions
of this Chapter and 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--Non-putrescible solid wastes consisting of both combustible and
incombustible wastes. This term includes, but is not limited to, dirt, fill,
non-recyclable paper, wrappings, cigarettes, wood, wires, glass, bedding,
furniture and similar material which are not recyclable material. This term
does not include regulated material.
SCAVENGE--The unlicensed, unauthorized or uncontrolled removal of waste at any
point in the waste stream.
SEPARATION--To divide and set apart different types of solid waste.
SEPTAGE--The contents of a septic tank, cesspool or other individual sewage
treatment facility which receives domestic sewage wastes.
SERVICE REVIEW--The process by which all complaints concerning classifications
of properties and/or billing rates of public collection user fees are
determined by the Commissioner to be correct or incorrect.
SLUDGE--Accumulated semi-liquid suspension of settled solids deposited from
wastewaters or other fluids in tanks or basins resulting from process or
treatment operations, or residues from the storage or use of liquids. This
term does not include solid or dissolved material in domestic sewage or other
significant pollutants in water resources, silt, dissolved material in
irrigation return flows or other common water pollutants.
SOLID WASTE--All putrescible and non-putrescible material or substances
discarded or rejected as having served their original intended use or as being
spent, useless, worthless, or in excess to the person at the time of such
discard or rejection. This term includes, but is not limited to, garbage,
ashes, refuse, rubbish, and recyclable material. This term does not include
solid or dissolved matter in domestic sewage or substances, material in
non-containerized gaseous form, or regulated material.
SOLID WASTE ADVISORY COMMITTEE--The advisory committee established pursuant to
this Chapter to advise the Commissioner on policies for the City regarding
solid waste collection and disposal and recycling.
SOLID WASTE COLLECTION--Any act or process of gathering, assembling, or
otherwise collecting solid waste.
SOLID WASTE COLLECTOR--Any person, other than the City, duly licensed to
collect, remove, transport, or dispose of commercial solid waste or industrial
waste, with or without charge or payment.
SOLID WASTE ENTERPRISE FUND--Accounting fund separate and distinct from the
City's general fund created pursuant to this Chapter to account for the
revenues, costs and expenses from the City's collection and disposal of solid
waste.
SOLID WASTE MANAGEMENT--The purposeful, systematic control of the generation,
separation, storage, collection, processing and disposal of solid waste.
SOLID WASTE REVIEW PANEL--The panel established pursuant to this Chapter to
hear and decide classification and billing complaints.
SOURCE SEPARATION--To sort recyclable material from other solid waste at the
point of generation for sale or other disposition.
SPECIAL EVENT--An event as defined in 414-2 of this Code.
STORAGE--A space or place for the proper safekeeping of solid waste.
TIRE--The rubber covering for a wheel.
TOXIC SUBSTANCE--Matter which acts or is likely to act as a poison.
TRANSPORTATION--The conveyance of solid waste.
TREATMENT--Any method, technique, or process, including neutralization,
designed to change the physical, chemical or biological character or
composition of any hazardous waste so as to neutralize such waste or as to
render such waste nonhazardous, safer for transport, amenable for recovery,
amenable for storage, or reduced in volume.
USE--That enjoyment of property which consists in its employment, occupation,
exercise or practice.
USER FEE--The charges authorized in Article 15 of the Charter of the City of
Buffalo and established in this Chapter for the services of public collection
of solid waste.
VACANT LOT--Any parcel of land which are not improved by a structure. This
term does not include active parking lots.
VEGETATIVE YARD WASTE--Compost material, organic yard and garden waste, leaves,
grass clippings and brush. This term does not include regulated material.
WASTE--Any garbage, sludge and other discarded material, whether or not such
material may eventually be used for some other purpose.
WASTE OIL--Used oil. This term includes, but is not limited to, petroleum,
engine lubricating oil, fuel oil, motor oil, gear oil, cutting oil,
transmission fluid, hydraulic fluid, dielectric fluid, oil storage tank
residue, animal oil, and vegetable oil, which has been contaminated by physical
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 material. This term does not include
regulated material.
Pursuant to Section 35 of the Charter, these amendments shall take effect on
October 1, 1996.
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [] to be deleted; matter underlined is new.
No. 237
By: Mrs. LoTempio and Mr. Helfer
Ordinance Amendment
Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 175-1 of Chapter 175 of the Code of the City of Buffalo be amended
to read as follows:
Chapter 216, Garbage, Rubbish and Refuse Fee
[216-3, collection service permit, annually $1,050.00]
216-7, 216-15(G), 216-55, excessive solid waste charges
Removal of excess solid waste
CategoryNumber of Containers per Week Weekly Charge
SB I Up to 30 $60.00
SB II 31 to 50 $90.00
III Up to 50 $136.00
IV 51 to 100 $200.00
V 101 to 150 $225.00
VI 151 to 200 $250.00
VII 201 to 250 $275.00
VIII 251 to 300 $300.00
IX 301 to 350 $350.00
X 351 to 400 $375.00
XI 401 to 450 $425.00
XII 451 to 500 $475.00
XIII 501 to 550 $525.00
XIV 551 to 600 $575.00
XV 601 to 650 $625.00
XVI 651 to 700 $675.00
XVII 701 to 750 $725.00
XVIII 751 to 800 $775.00
XIX 801 to 850 $825.00
XX $851 to 900 $875.00
XXI 901 to 950 $925.00
XXII 951 to 1,000 $975.00
XXIII 1,001 to 1,050 $1,025.00
XXIV 1,051 to 1,100 $1,075.00
XXV 1,101 to 1,150 $1,125.00
XXVI 1,151 to 1,200 $1,175.00
XXVII 1,201 to 1,250 $1,225.00
XXVIII 1,251 or more $1.00 per container
216-15, collection and disposal charges
[Removal of refuse materials in excess of 1-1/2 cubic yards or in excess of 10
30- gallon containers]
[CategoryNumber of Containers per Week Weekly Charge
SB I Up to 30 $60.00
SB II 31 to 50 $90.00
III Up to 50 $136.00
IV 51 to 100 $200.00
V 101 to 150 $225.00
VI 151 to 200 $250.00
VII 201 to 250 $275.00
VIII 251 to 300 $300.00
IX 301 to 350 $350.00
X 351 to 400 $375.00
XI 401 to 450 $425.00
XII 451 to 500 $475.00
XIII 501 to 550 $525.00
XIV 551 to 600 $575.00
XV 601 to 650 $625.00
XVI 651 to 700 $675.00
XVII 701 to 750 $725.00
XVIII 751 to 800 $775.00
XIX 801 to 850 $825.00
XX 851 to 900 $875.00
XXI 901 to 950 $925.00
XXII 951 to 1,000 $975.00
XXIII 1,001 to 1,050 $1,025.00
XXIV 1,051 to 1,100 $1,075.00
XXV 1,101 to 1,150 $1,125.00
XXVI 1,151 to 1,200 $1,175.00
XXVII 1,201 to 1,250 $1,225.00
XXVIII 1,251 or more $1.00 per container]
Refuse material of a combustible nature, generated in the city, disposed at
city disposal plant
Person residing in or doing business in city (except licensed [refuse
collection contractors] solid waste collectors)
500 pounds or less$2.10, plus
Each additional 500 pounds or part thereof
contained in load $1.05
Licensed [collection contractors] solid waste collectors, per ton computed
monthly tonnage delivered$11.55
[216-20, landfill operation license $26.50]
216-55 Residential user fees. Annual Fee
Vacant lots $135.24
Single $141.30
Double $169.18
Triple $170.94
2 houses on one lot$172.06
216-56 Commercial user fees. Annual Fee
The minimum rate the Commissioner may charge covering the cost of collection.
Fixed cost plus variable rate per square foot
Fixed Cost $103.44
User CategoryVariable (per 100 Sq. Ft.)
I Low User $0.39
(O to 40 lbs, per 100 sq. ft.)
II Med-Low User $1.19
(40 to 80 lbs. per 100 sq. ft.)
III Medium User $1.97
(80 to 120 lbs. per 100 sq. ft.)
IV Med-High User $2.78
(120 to 160 lbs. per 100 sq. ft.)
V High User $3.54
(over 160 lbs. per 100 sq. ft.)
216-57 Past due accounts.
The following fees shall be in addition to statutory interest and costs, where
applicable.
Collection processing charge $5.00
Additional charge to be added to Actual amount charged
all accounts sent to outside credit or by the credit or
collection agencycollection agency
Additional charge for administrative and legal expenses to be added after
litigation is commenced to collect past due accounts, plus actual costs and
disbursements
In the case of amounts past due of $50.00
$500.00 or less in the aggregate
In the case of amounts past due of $100.00
more than $500.00 but less than
$2,001.00 in the aggregate
In the case of amounts past due of $200.00
more than $2,001.00 but less than
$10,001.00 in the aggregate
In the case of amounts past due of $500.00
$10,001.00 or more in the aggregate
216-62, receptacles for events
Trash can, and$1.50 per can
Dumpster, and$150.00 per dumpster
Tipping 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
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [] to be deleted; matter underlined is new.
PASSED.
AYES - BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI- 12
NOES - COPPOLA 1
No. 238
By: Mrs. LoTempio & Mr. Helfer
Payment of All Municipal Fees by Credit Card
Whereas: The adoption of the current New York State Budget included
language that would allow municipalities the ability to accept payment of all
municipal fees by use of a credit card; and
Whereas: The payment of municipal fees, such as property taxes, water and sewer
charges, demolition charges, etc., by credit card would provide an additional
option for City residents to meet their financial obligations to the city via
this enabling legislation; and
Whereas: The City of Buffalo, through prudent use of this financial vehicle,
may potentially receive their anticipated revenues in a more timely manner,
thereby expanding cash flow and investment opportunities.
Now, Therefore, Be It Resolved:
That the Common Council requests the Comptroller, the Department of
Administration and Finance, the Division of Parking Enforcement, and the
Division of Treasury to provide substantive information and/or documentation to
the Council as to the potential benefits to the City of Buffalo and it's
residents with respect to this credit card legislation.
REFERRED TO THE COMMITTEE ON FINANCE, COMPTROLLER AND COMMISSIONER OF
ADMINISTRATION AND FINANCE.
No. 239
By: Messrs. Pitts and Quintana
Waive Permit Fees for Asbury Church
Whereas: The Asbury Church located at Delaware Avenue and Tupper
Street has been the focus of controversy involving its needed renovation to the
Towers; and
Whereas: The crumbling condition of the Towers caused the City of Buffalo to
close Tupper Street between Delaware Avenue and Franklin; and
Whereas: A plan has been developed by the owners of the church to begin the
renovation of the Towers. There are sufficient funds to begin repairing the
north Tower, which would allow the City to reopen Tupper Street; and
Whereas: The impetus to end the church controversy is great. Traffic
dissonance alone, is problematic to businesses in the area. Also the new plan
of renovation will potentially lead to the reuse and preservation of quite
simply a beautiful building.
Now Therefore Be It Resolved:
That The Common Council approves the waiver of various City permits to
facilitate the immediate construction work to be done on the north Tower of the
Asbury Church.
Further Be It Resolved:
That the waiver of permits would be based upon the submittal and approval of
construction plans by the Department of Community Development and Public Works.
PASSED.
AYES - 13 NOES - 0
No. 240
By: Mr. Pitts
Develop Agreement with MFS
Whereas: Metropolitan Fiber Systems of New York, Inc. d/b/a MFS
Telecom of Buffalo (MFS) is currently operating its telecommunications system
in the City of Buffalo under an interim agreement; and
Whereas: MFS has entered into negotiations for a final agreement with the City,
and the Corporation Counsel has requested the assistance of the Common Council,
specifically the Telecommunications Committee, in this process; and
Whereas: It is important to negotiate a final agreement with MFS in a timely
manner so that it can more fully address the needs and concerns of the City of
Buffalo as soon as possible; and
Whereas: This negotiation is especially significant since whatever agreement is
developed will likely be the model for agreements with other telecommunications
providers;
Now, Therefore Be It Resolved:
That the Corporation Counsel be requested to submit a report on the status of
negotiations with MFS for a final agreement to operate within the City of
Buffalo.
ADOPTED.
No. 241
By: Mr. Pitts
Trailblazing Signs for Main St. (Tupper to Chippewa) - "Harold Arlen Way"
Whereas: Harold Arlen, who was born Hyman Arluck in Buffalo in
1905, rose to international fame as the composer of over 500 songs, including
such classics as "Over the Rainbow" and "Stormy Weather;" and
Whereas: By the time he had passed away in 1986, Harold Arlen was considered
one of the greatest figures in modem American popular music; and
Whereas: In recognition of his remarkable work, the United States Postal
Service is issuing a commemorative stamp in his honor; and
Whereas: In 1991, this Council formally renamed the Theater Place Pavilion in
honor of this renowned Buffalo native; and
Whereas: A person of the stature of Harold Arlen is certainly deserving of more
visible recognition in his home town;
Now, Therefore Be It Resolved:
That this Common Council approve the installation of trailblazing signs
proclaiming the portion of Main St. located in the Theater District as "Harold
Arlen Way;" and
Be It Further Resolved;
That this Council request that the Department of Public Works install
trailblazing signage underneath the existing street signs on Main Street from
Tupper to Chippewa Sts.; and
Be It Further Resolved:
That this Council request the Buffalo Arts Commission to submit a plan for
commissioning and locating a plaque or memorial honoring Harold Arlen at a site
in the Theater District.
PASSED.
AYES - 13 NOES - 0
No. 242
By: Mr. Pitts
Internet in Schools
Whereas: The future competitiveness of this nation in the global
economy depends heavily upon enhancing our educational system; and
Whereas: This was made clear at the National Education Summit held earlier this
year in New Jersey, in which 44 top Chief Executive Officers from corporations
like DuPont, Xerox and Eastman Kodak participated; and
Whereas: These participants, which included TCI's CEO John Malone, emphasized
the critical need to provide financial support for educational efforts which
provide the skills needed for the jobs of the future, a plan they referred to
as "strategic philanthropy"; and
Whereas: Cognizant of the need to promote the convergence of education and
technology, the City of Buffalo negotiated for a number of provisions designed
to enhance the educational system, such as the Showcase Schools Program; and
Whereas: TCI is also taking other educational initiatives, and recently had a
promotion in which the company agreed to donate $5.00 to the Buffalo Schools
system for every subscriber who signed up for the "3-Star Package"; and
Whereas: Although the actual funding derived from this program is not likely to
be significant in terms of the Board of Education's overall budget, TCI's
effort to provide funding for educational programs should be applauded; and
Whereas: In fact, TCI as well as other local high-technology businesses should
also be encouraged to not just provide monetary support, but to provide in-kind
services and share their specialized knowledge and skills with city schools;
and
Whereas: The private sector would be the ultimate beneficiary of such a
partnership, since it would help produce a better educated and trained work
force; and
Whereas: Internet access is widely viewed as a one of the best educational
tools available, and is particularly helpful for poorer school districts, which
use it to break down the social, economic and logistical barriers to education;
and
Whereas: In his State of the Union message, President Clinton called for the
private sector to "connect every classroom to the information superhighway by
the year 2000"; and
Whereas: In response, the cable industry pledged to provide a free high-speed
cable modem, with free high-speed Internet access, to all elementary and
secondary schools passed by cable wires; and
Whereas: At this time, there is a critical need in the City of Buffalo to
encourage private companies to make a real commitment to the advancement and
enhancement of the educational system, especially in those areas that they have
specialized technical expertise, and in which there is a critical need for
improvement;
Now, Therefore Be It Resolved:
That this Common Council ask that all telecommunications companies operating in
the City of Buffalo undertake a cooperative effort to encourage the
technological transformation of the Buffalo schools system, with the specific
goal of providing free Internet access to every city school; and
Be It Further Resolved:
That this Honorable Body requests that TCI of New York, as one of the business
community's most vocal educational advocates and the City's cable TV
franchisee, take a leadership role in encouraging the private sector to help
upgrade the technological capabilities of Buffalo's public schools.
ADOPTED
No. 243
By: Mr. Pitts and Mrs. Lockwood
Establish Office of Telecommunications
Whereas: For some time the Common Council has been discussing the
establishment of an Office of Telecommunications; and
Whereas: This Council previously proposed the establishment of an Office of
Cable Communications which would monitor the activities of cable TV
franchisees, assist the general public with complaints, and assist various city
departments in cable-related matters; and
Whereas: While Buffalo did not create such an office, telecommunications
offices have been established in New York City, Chicago, Denver, Portland,
Oregon, and various other U.S. cities, allowing those municipalities to
properly address the various telecommunications issues that have arisen, and
Whereas: In addition to overseeing franchise agreements, these offices work to
ensure fair compensation to the city for use of the public right-of-way; access
of advanced telecommunications services to all citizens and the commercial,
education, and government sectors; and enhance the city's access to
telecommunications resources; and
Whereas: While the Buffalo Common Council has traditionally used its existing
staff to manage the cable TV franchise, it is clear that today's technological
and regulatory environment is creating greater demands and requires a greater
commitment on the part of the City; and
Whereas: Oversight of the franchise is particularly important now, since the
franchise agreement that took effect on January 1, 1996 contains a variety of
provisions that must be properly monitored by dedicated staff, and also
includes penalties that be exacted against TCI if it fails to live up to its
obligations; and
Whereas: New regulatory developments, brought on by the Telecommunications Act
of 1996, along with recent technological advancements, are having a tremendous
an extraordinary impact upon this field; and
Whereas: One example is the issue of telecommunications towers and antennae for
digital cellular service, a recent development in the field of
telecommunications which has placed new demands upon local governments; and
Whereas: Although the main focus of the Office would be the current franchise
agreement with TCI, its long-range plan would be to advise the City regarding
larger telecommunications issues such as: the proposed Niagara International
Teleport, a central telecommunications facility proposed for the Peace Bridge
Plaza; and Buffalo CityNet, a network infrastructure designed to serve
disadvantaged residents that the City has applied for funds under the New York
State Advanced Telecommunications Grant; and
Whereas: The Office could also monitor other impending developments and advise
the City, such as Federal Communications Commission rules which would allow
telephone companies to offer video programming through what is known as open
video systems (OVS); and
Whereas: A number of these issues could have far-reaching effect on the City's
finances, such as the cable industry's challenge to the method most
municipalities use to calculate fees; that effort, if successful, would cost
local governments millions of dollars; and
Whereas: The establishment of a Telecommunications Office would help position
the City on the cutting edge of the latest technological and regulatory
developments in the field of telecommunications, such as the new issues raised
by the proliferation of "telecommunications towers" for cellular telephone
service; and
Whereas: By working closely with the Law Department, Audit and Control, Public
Works, Police, Fire, Administration and Finance, and all other involved city
departments as well as county, state and federal agencies, the Office would be
able to develop a coordinated telecommunications plan that would help protect
the City's interests in telecommunications matters; and
Whereas: As we prepare for the 21 st century, it is important to have a
separate office and staff dedicated solely to telecommunications and working to
ensure that the City of Buffalo is prepared to address the new and unique
challenges that will be presented in the months and years ahead;
Now, Therefore Be It Resolved:
That this Common Council directs the Corporation Counsel to develop a local law
establishing an Office of Telecommunications based upon the previously proposed
Office of Cable Communications and comparable offices in other cities; and
Be It Further Resolved:
That the Corporation Counsel file a response with the City Clerk by 2:00 PM on
Thursday, October 10, 1996.
ADOPTED
No. 244
By: Mr. Pitts and Ms. Williams
Open "Home Ownership Zone Project" to Other Developers
Whereas: The City of Buffalo will be applying for funding through
the federal "Home Ownership Zone Project" program; and
Whereas: If successful, this project could bring $40 million worth of new
housing development into the City; and
Whereas: Despite the large scope of this project, which could involve as many
as 700 new homes, only two developers are specified in the application; and
Whereas: Deputy Commissioner Anthony Marconi, appearing before the Council's
Committee on Community Development, said that the work would not necessarily be
limited to the two developers named in the application; and
Whereas: It is clearly in the best interests of the City of Buffalo that more
than just two builders participate in this project; and
Whereas: The involvement of more qualified developers would not only increase
the potential economic impact of the project, but it would help ensure that the
housing which will be constructed will be the best possible product at the best
possible price; and;
Whereas: It should be made clear in the Home Ownership Zone Project application
that other developers who meet the necessary qualifications will be given the
opportunity to participate in this project; and
Whereas: Qualified developers should also be kept informed about status of and
requirements for this program by the Department of Community Development;
Now, Therefore Be It Resolved:
That if the city of Buffalo's Home Ownership Zone Project the Department of
Community Development shall provide a plan to include other qualified
developers, in the administration of this project and a copy of that plan shall
be filed with the Common Council; and
That the Department of Community Development file its criteria for approving
developers for new housing construction and;
Be It Finally Resolved
That the Department of Community Development provide a list of all qualified
developers who meet the standards as set by the Notice of Funding Availability
under the Home Ownership zone Project and provide a method for the
participation of those developers in the Home ownership Zone.
ADOPTED.
No. 245
By: Mr. Quintana
Waive Permit Fees for the Allendale Theatre Renovation
Whereas: The Allendale Theatre is a city-owned building that is
currently being renovated through a cooperative arrangement between the city
and the Theatre of Youth (TOY) Co.; and
Whereas: Once renovation is completed, it is anticipated that the city will
retain ownership of the building and TOY will lease it from the city; and
Whereas: TOY is a non-profit theatre company dedicated to the enhancement of
the quality of life in the community through the enrichment, education and
entertainment of young audiences; and
Whereas: TOY successfully instills in Buffalo's youth an appreciation of live
theatre as a stimulating cultural experience, one which celebrates the worth
and creativity of the individual; and
Whereas: Charging permit fees for the renovation of the Allendale is, in
effect, taking funds from one city pocket to fill another while discouraging
the extensive efforts that have gone into community fund raising for this
project; and
Whereas: $12,587.30 in the current design and construction contract for the
Allendale have been identified as city permit fees of which $2,669.76 have been
paid; and
Whereas: Insisting on the payment of the remaining $9,917.54 in fees will only
serve to dilute a dynamic effort by the city and the community that is close to
fruition in order to amorphously bolster the city's $242 million general fund
by only 4 thousandths of a percent;
Now, Therefore, Be It Resolved That:
This Common Council hereby waives all permit fees that remain for the Allendale
Theatre.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
AYES- BROWN, COPPOLA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOTEMPIO, PITTS,
QUINTANA, WILLIAMS,
ZUCHLEWSKI - 11
NOES- CZAJKA, LOCKWOOD - 2
No. 246
By: Ms. Williams
Set Public Hearing
LDA 625-637 Main Street (Market Arcade Facades)
70 West Chippewa Corp.
Whereas, 70 West Chippewa Corp., and/or other legal entity to
be formed (herein referred to as the "Redeveloper") has been duly designated as
qualified and eligible Redeveloper in accordance with the rules and procedures
prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as
the "Agency"; and
Whereas, The Agency and the Redeveloper have negotiated a Land Disposition
Agreement for the construction of a 18,500 square foot building to consist of
ten (10) rental units of new housing which shall contain 2 bedrooms and one
bathroom. One parking space will be provided for each unit. Also included
will be ground floor theater/commercial/retail space for the building in the
Downtown Entertainment District.
Whereas, said Land Disposition Agreement has been forwarded by the Agency to
this Common Council for action, pursuant to Section 507, subdivision 2(d) of
the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached hereto
and marked "Notice of Hearing" in the Buffalo News, no later than the 20th day
of September 1996.
2. That this Common Council will conduct a Public Hearing on the matters stated
in said "Notice of Hearing" at 2:00 PM in the Council Chambers on the 1st day
of October 1996.
ADOPTED.
No. 247
By: Mrs. Williams
Longevity For Council Exempt Employees
Whereas: City of Buffalo covered by bargaining units are paid longevity
increments based upon their years of service to the City, beginning when the
employee completes five years of service with the City; and
Whereas: Longevity is paid in order to more fairly compensate long-standing
City employees based upon the knowledge and experience they have gained during
the course of their employment; and
Whereas: This also helps maintain good employee morale, because without
longevity- a 20 year employee and a newly hired employee in the same title
would receive the same pay; and
Whereas: It is a provision of the Federal Fair Labor Standards Act that
employees should receive equal treatment; and
Whereas: The Council has a long-standing policy that its exempt employees shall
receive the same benefits as members of Local 650, the white collar unit, such
a pay raises, vacation time, etc.; and
Whereas: The one exception to this policy is longevity, which exempt Council
and Clerk employees do not receive; and
Whereas: The Common Council has a number of employees who have carried out
their responsibilities in an exemplary fashion for many years, but who do not
receive longevity increments; and
Whereas: In the City Clerk's office most of the employees belong to a
bargaining unit and receive longevity increments, while the exempt employees
they work with receive no longevity; and
Whereas: The current 650 contract stipulates the following longevity schedule:
5 years -$ 260.00
10 years -$ 585.00
15 years -$ 910.00
20 years -$1,235.00
25 years -$1,560.00
Whereas: Approximately 25 exempt non-elected Council and Clerk employees would
be eligible under those guidelines, with a cost to the City of about $ 10,000;
and
Whereas: In the interests of fairness and equity, and to help ensure good
employee morale, the Council should allow all Council and Clerk employees to
earn longevity;
Now, Therefore Be It Resolved:
That this Common Council authorize the payment of longevity increments to all
of its non-elected exempt employees under the same terms and conditions as
Local 650 employees effective July 1, 1996; and
Be It Further Resolved:
That the money for this be reappropriated from within the Council budget for
the current fiscal year, and be budgeted in subsequent fiscal years.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE. AND THE CORPORATION COUNSEL.
No. 248
By: Mrs. Williams
Appointment Legislative Assistant
I hereby appoint Carmen Heidi Rivera, 53 West Avenue, Buffalo,
New York 14201, to the position of Legislative Assistant for the Ellicott
District, effective September 16, 1996.
ADOPTED.
No. 249
By: Mr. Zuchlewski
Banner -"CommUnity Day"
Whereas: On Sunday, September 22, 1996, The National Conference,
along with cultural and Educational Leaders from the Albright-Knox Art Gallery,
The Burchfield Penney Center, The Buffalo Historical Society, Buffalo State
College, E.C.C., University at Buffalo, and D'Youville College is presenting
the 2nd Annual CommUnity Day, and.
Whereas: Once again this year, the event will take place in "The Elmwood Museum
District" at the Albright Knox Art Gallery, and
Whereas: The outdoor and indoor events will include activities for all ages,
individuals and families, and involve music, dance, poetry, story telling and
vocal presentations from various Western New York cultural groups, and
Whereas: The National Conference is requesting permission to hang a banner on
Elmwood Avenue from pole # 1138 and attached to the light pole directly across
the street, and
Whereas: This organization would like to hang this banner immediately and until
September 22, 1996, and
Now, Therefore, Be it Resolved:
That The National Conference be granted permission to hang a banner across the
aforementioned locality beginning immediately and until September 22nd.
PASSED.
AYES - 13 NOES - 0
No. 250
By: Mr. Zuchlewski
Elmwood Ave. Sidewalks
Whereas: The City of Buffalo is currently replacing the curbs and
sidewalks on Elmwood Ave. between Forest Ave. and Delevan Ave. with one of the
most distinctive features being a stamped cobblestone pattern near the
curbline, and
Whereas: The investment in the infrastructure of what is becoming Buffalo's
retailing center is costing over $500,000 with a second phase to begin
southerly next year at a cost of $750,000, and
Whereas: The City is planning to follow the first two phases with future phases
to give Elmwood Ave. a unified appearance, and
Whereas: Unforeseen circumstances such as water fine breaks, utility cuts, the
placement of future bus stops, etc. may require someone at some point in the
future to break through the sidewalk, and
Whereas: In order to protect the City's investment, whomever should have to
break the cobblestone patterned sidewalk should be required to restore that
sidewalk to conform to the rest of the street,
Now, Therefore Be It Resolved:
That the Corporation Counsel draft an ordinance amendment requiring the
replacement of the cobblestone pattern on Elmwood Ave. by any individual,
business, or public entity if circumstances require them to break the sidewalk.
ADOPTED.
No. 251
By: Mr. Zuchlewski and Mrs. Lockwood and Williams
Housing Authority Security Patrols
Whereas: In the past, the Buffalo Municipal Housing Authority has
maintained its own security patrols that supplements the patrols of the Buffalo
Police in and around BMHA developments and
Whereas: Because of their experience, the BMHA officers are allowed to take the
Buffalo Police Civil Service exam on a promotional basis, and
Whereas: In the recent round of hiring by the Buffalo Police Dept., the Housing
Authority lost 57 officers, and
Whereas: There is still a question on whether these officers will be replaced
or whether the Buffalo Police will assume their duties, and
Whereas: If the BMHA employees are not replaced, there win be a net reduction
in patrols in and around the BMHA developments at a time when patrols should be
increasing, and
Now, Therefore, Be It Resolved:
That this Common Council encourage the Buffalo Municipal Housing Authority to
immediately begin the process to replace the 57 security officers that have
recently been hired by the Buffalo Police Dept. and
Be It Further Resolved:
That the Police Commissioner and Executive Director of the BMHA respond to this
Common Council on their future plans for patrolling BMHA developments.
REFERRED TO THE ON LEGISLATION, THE BUFFALO MUNICIPAL HOUSING AUTHORITY AND THE
COMMISSIONER OF POLICE.
No. 252
By: Mr. Zuchlewski
Request City Housing Court To Use Tree Planting as Restitution for Violations
Whereas: Trees are a wonderful resource that add shade and beauty
to a neighborhood while screening out unwanted noise and visual pollution; and
Whereas: Housing Court violations generally result in fines that are paid to
the city treasury and only indirectly benefit the neighborhoods that have
suffered from the violation; and
Whereas: It would be helpful if the Housing Court judge could, at her or his
discretion, order the planting of trees in the affected neighborhood as part or
all of the restitution for housing violations; and
Whereas: The order could direct the property owner to pay for a professional
planting or it could allow for a payment to the city's tree planting fund that
was set up under tree replacement ordinance amendments passed by the Common
Council in 1990;
Now, Therefore, Be It Resolved That:
This Common Council requests the Corporation Counsel, the Parks Commissioner
and the Honorable Thomas Amodeo, Chief City Court Judge, to file comments on
the viability of the concept of using tree planting as part or all of the
restitution for housing court violations; and
Be It Further Resolved That:
The comments address the question of whether any authorizing legislation would
be required before this practice could begin.
ADOPTED.
No. 253
By: Messrs. Zuchlewski & Quintana
Request Status of Neighborhood Business Signage
Whereas: Over three months ago, a meeting of local neighborhood
business leaders was convened by representatives of the Department of Community
Development and the Buffalo Enterprise Development Corporation seeking advice
on how the City could assist local business districts, and
Whereas: One of the suggestions that resulted from this meeting was the placing
of signage with internationally recognized symbols, placed in strategic
locations, directing visitors to Buffalo to the various business districts, and
Whereas: As a sign of the City's good faith to improve relations with our
neighborhood businesses, prompt, decisive action was promised within a few
weeks, and
Whereas: The enthusiasm generated by this meeting and the feeling that City
Hall was finally going to not only listen to suggestions of local small
business owners, but act upon them has now turned into frustration,
Now, Therefore, Be It Resolved:
That the Buffalo Enterprise Development Corporation and the Department of
Community Development report to this Common Council by its next stated meeting
on the status of the above mentioned signage and the status of other
suggestions that emanated from this meeting of local neighborhood business
owners.
ADOPTED.
No. 254
By Mr. Zuchlewski
Felicitations/In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored
by Members of the Common Council as indicated:
Felicitation for Sickle Cell Awareness Month
By Councilmember Pitts
ADOPTED.
No. 255
By: Mr. Zuchlewski
Appointments Commissioner of Deeds
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:
Herbert J. Heimerl
ADOPTED.
No. 256
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:
Carmen Heidi Rivera
ADOPTED.
UNFINISHED BUSINESS
No. 257
Bond Res. $1,250,000 - 1120 Seneca
Item No. 170, C.C.P., Sept. 3, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mrs. Gray.
CARRIED.
Mrs. Lotempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED.
AYES - 13 NOES - 0
No. 258
Bond Res. $250,000 - Curbs, etc. - Niagara Distr.
Item No. 171, C.C.P., Sept. 3, 1996
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Ms. Gray.
CARRIED
Mrs. Lotempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED.
AYES - 13 NOES - 0
No. 259
Bond Res. $200,000 - Curbs, etc. - Ellicott Distr.
Item No. 172, C.C.P., Sept. 3, 1996
Mrs. LoTempio moved that the above item be taken from the table.
;Seconded by Ms. Gray.
CARRIED
Mrs. Lotempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED.
AYES - 13 NOES - 0
No. 260
Bond Res. $150,000 - Curbs, etc. - South Distr.
Item No. 173, C.C.P., Sept. 3, 1996
Mrs. LoTempio moved that the above item be taken from the table.;
Seconded by Ms. Gray.
CARRIED
Mrs. Lotempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED.
AYES - 13 NOES - 0
No. 261
Bond Res. $150,000 - Curbs, etc. - University Distr.
Item No. 174, C.C.P., Sept. 3, 1996
Mrs. LoTempio moved that the above item be taken from the table.;
Seconded by Ms. Gray.
CARRIED
Mrs. Lotempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED.
AYES - 13 NOES - 0
No. 262
Announcement Of Committee Meetings
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
Regular Committees
Civil Service Tues, Sept 24, 1996 9:30 A.M.
Finance Tues, Sept 24, 1996-following Civil
Legislation Tues, Sept 24, 1996 2:00 P.M.
Comm. Dev. Wed, Sept 25, 1996, 10:00 A.M.
Education Wed, Oct 11, 1996, 2:00 P.M.
ANCILLARY MEETINGS
Claims Committee Tues, Sept 24, 1996, 9:00 A.M.
No. 263
Adjournment
On a motion by Mrs. LoTempio, Seconded by Mr. Helfer, the Council
adjourned at 5:00 P.M.
Charles L. Michaux, III
City Clerk