This article shall govern the creation and activity of all appointed boards, commissions, committees, councils or other like bodies in the city of Buffalo except as otherwise provided by this charter or other law.
All members of appointed boards, commissions, committees, councils or other like bodies serving when this charter takes effect shall continue as such until the expiration of their terms, the positions are abolished, or they are removed pursuant to law or in accordance with the terms of this article.
[Amended 9-20-2011 by L.L. No. 4-2011]
As soon as practicable following the first of the new year, and no later than January 31st of every year, each board shall hold an organizational meeting. Each board shall hold regular meetings as required by this charter or other law, and special meetings as may be necessary. Meetings shall be held upon the call of the mayor, director, the chairperson, or as specified in a written declaration by a majority of the members of such board. All meetings shall be open to the public with notice of such being filed with the City Clerk. Each Board enumerated herein shall hold its meetings in Council Chambers or in Room 1417 of City Hall and all meetings shall be recorded by the Office of Telecommunications, streamed via live online video and broadcast on the Cable Access Television (CATV) channel as soon thereafter as practicable. The Office of Management Information Systems shall post all such meetings on the City's website for viewing as soon thereafter as practicable.
The chair or head of each board, shall in addition to the reports required by this charter, once in each year and at other times as the mayor may direct, make to the mayor and file with the city clerk, in such form and under such rules as the mayor or this charter prescribes, reports of their operations and action.
The members of all boards of the city of Buffalo established in accordance with the provisions of this charter or other law shall serve without compensation for their services as such, but may receive reimbursement from the city for reasonable and necessary expenses incurred in the performance of their official duties subject to the terms and conditions stipulated by the mayor. In no case shall any appropriations be used for compensating any member of any such board for his or her services.
(a) 
Residency
(i) 
No person shall be eligible for election or appointment as the head or chair of a board or commission who has not been a resident of the city for a period of at least one year preceding the date of his/her election or appointment.
(ii) 
No person shall be eligible for election or appointment as a member of a board or commission who is not a resident of the city in accordance with section 24-3.
(b) 
Age
No person shall be capable of holding a civil office who shall not, at the time he shall be chosen thereto, have attained the age of eighteen years, except that in the case of youth boards, youth commissions or recreation commissions only, members of such boards or commissions may be under the age of eighteen years, but must have attained the age of sixteen years on or before appointment.
Any committee or commission created by this charter shall be appointed for a period of four years and until their respective successors are appointed and qualified. However, the members of a committee, council or commission discharging duties within the powers of the present bodies shall serve until their terms expire and shall be eligible for reappointment. The mayor shall designate the chairperson of such committee or commission from among its members and may from time to time change such designation.
(a) 
A member of a board or commission shall be deemed to have resigned his or her office for failure to attend three (consecutive) regularly scheduled meetings, unless (s)he has filed with the chairperson written reasons for his or her absence approved by a majority of the membership and expressed in its official minutes.
(b) 
A member of a board or commission other than the chair may be removed by the mayor if the member ceases to be qualified elector of the city or upon proof of official misconduct, neglect of official duties, mental or physical inability to perform his or her duties, a conviction of a crime involving moral turpitude or conduct in any manner connected with his or her official duties which tend to discredit his or her office.
(c) 
A member may be removed by the mayor for reasons stated in writing after having an opportunity to be heard.
Any vacancies in any board or commission from whatever cause arising shall be filled by appointment by the appointing authority who appointed the member whose position became vacant. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such a vacancy shall be for the unexpired portion of such term.
The boards, committees, councils or commissions shall, within the amounts appropriated by the common council or otherwise made available by grants, expend, contract for, or direct the expenditure of such sums, and accordingly provide, as permitted by ordinance or grant, the necessary facilities and personnel.
Citizens Advisory Commission on Reapportionment
Except as provided in section 18-18 of this article, whenever a reapportionment or redefinition of the elective districts of the city is to be made, a citizens advisory commission on reapportionment shall be appointed pursuant to the provisions of this section, to render advice and make recommendations to the common council concerning the appropriate number of district and at-large council seats and the appropriate division of the city into districts for the election of council members.
The citizens advisory commission on reapportionment shall consist of nine appointed members who are registered voters residing in the city of Buffalo. Commission members shall be recognized community leaders selected to assure the representation of the geographic, social, and ethnic diversity of the city. No member shall be an elected official, an employee of the city of Buffalo or of the Buffalo board of education, or a relative by birth or marriage of the mayor, any council member or any member of the board of education.
In January of the year following each decennial census, the city clerk shall solicit nominations from citizens and community organizations of persons to be considered for appointment to the commission. The mayor and the president of the council shall not be required to appoint persons so nominated.
Prior to the end of February in the year following the decennial census, the president of the council with the approval of the council shall appoint five members of the commission and the mayor shall appoint four members. The chairman of the commission shall be elected by the members of the commission from the membership.
By the first day of June following the decennial census, the commission shall submit recommendations to the council concerning the number of district and at-large council seats and a plan for dividing the city into districts for the election of council members. In making its recommendations, the commission shall be guided by the criteria set forth in section 18-16 of this article.
The commission shall hold one or more public hearings prior to submitting its recommendations to the common council.
The commission may require city departments and agencies to provide it with technical assistance and may utilize funds appropriated by the council, upon recommendation of the mayor, in an amount sufficient to permit the commission to carry out its duties, to hire staff and contract for services.
The council shall consider the recommendations of the citizens advisory commission on reapportionment and, guided by the criteria set forth in section 18-16, adopt a plan determining the number of district and at-large council seats and dividing the city into districts for the election of district council members. The plan shall be adopted and forwarded to the mayor by the 30th day of July in the year following the decennial census.
The council shall hold one or more public hearings prior to its adoption of a redistricting plan.
The mayor shall hold one or more public hearings before acting on the redistricting plan adopted by the council. The final redistricting plan shall be transmitted to the board of elections before the first meeting of the common council scheduled to be held in September of the year following the decennial census.
In the preparation of a plan for dividing the city into districts for the election of council members, the following criteria and standards shall be applied:
(a) 
The population of each district shall be approximately equal.
(b) 
Districts shall be compact, and the variation between the length and width of a district shall be minimized.
(c) 
All sections of a district shall be contiguous or physically connected.
(d) 
Identifiable communities of interest, including neighborhoods and communities with established social, racial, ethnic, or other ties, shall be preserved.
No change in the boundary of any council district and no other provision of a redistricting plan shall operate to abolish or terminate the term of office of any council member prior to the expiration of the term of office for which the member was elected.
A citizens advisory commission on reapportionment shall not be appointed if, in the year following the decennial census, a charter revision commission is appointed and a re-districting plan is duly adopted and approved as a revision of the charter.
Citizens Salary Review Commission
The citizens salary review commission shall consist of ten citizens, nine of whom shall be appointed by the board of review, and of whom some shall have had training or experience in executive compensation and benefit programs. The tenth member of the commission shall be the commissioner of human resources, ex officio without vote.
The term of one-third of the members first appointed hereunder shall expire on December 31, 2001; one-third of December 31, 2002; and one-third on December 31, 2003. Their successors shall be appointed for terms of three years each, so that the term of office of one-third of such members shall expire on the last day of December in successive years. Each member shall continue to serve until the appointment and qualification of his successor. Vacancies in said commission occurring otherwise than by expiration of term shall be filled by the board of review for the balance of the unexpired term. At no time shall the commission consist of more than six citizens of one political party.
Beginning on January 1, 2001, the commission shall review the salaries of all elected city officers, including members of the board of education, and report its recommendations to the common council by May 1 of that year. The common council must adopt, modify or reject the report of the commission by June 15 of said year. The effective date of any approved recommendations shall be January 1 of the year after the next election for at-large or district members of the common council other than to fill a vacancy. The review of salaries as set forth herein shall occur every two years.
The effective date of any salary increase of an elected city officer as provided herein shall not be changed, unless said change shall have first been approved by the electorate at a referendum.
Commission on Citizens Rights and Community Relations
[Amended 11-4-2000 by L.L. No. 14-2000, effective 12-6-2000; 9-17-2002 by L.L. No. 9-2002, effective 10-9-2002; 6-19-2003 by L.L. No. 5-2003,[1] effective 6-26-2003 ]
It is the mission of the Commission on Citizens Rights and Community Relations of the City of Buffalo to strive to eliminate prejudice, intolerance, bigotry and discrimination to encourage equality of treatment and prevent discrimination against persons based on race, ethnic background, cultural background, language, religion, gender, sexual orientation, gender identity and expression, disability, nationality and age; and to assure respect for the civil liberties of all citizens.
In furtherance of these goals, there is hereby created a commission to be designated the commission on citizen rights and community relations.
[1]
Editor's Note: Section 3 of this local law provided that it would take effect 7-1-2003.
[Amended 6-19-2003 by L.L. No. 5-2003,[1] effective 6-26-2003]
The commission shall consist of eleven (11) members appointed by mayor and confirmed by the common council. Members shall be recognized community leaders, selected for diversity and demonstrated commitment to social justice. At least one member shall have experience in law enforcement. The initial members shall be divided into three (3) classes comprised of four (4), four (4) and three (3) members each. The first class shall be appointed to one (1) year terms; the second class shall be appointed to two (2) year terms; and the third class shall be appointed to three (3) year terms. Upon the expiration of the initial terms, all terms thereafter shall be for three (3) years.
The members shall appoint from among themselves each year a chairperson and a vice-chairperson. The chairperson shall preside over all meetings and hearings. The vice-chairperson shall act in the absence of the chairperson. In the absence of both, a majority of the members present shall select a chairperson pro tempore. A quorum shall be required for the commission to conduct all business and hearings, and all matters before it shall be decided by a majority vote of those members present.
The commission shall meet at least four (4) times each year. Meetings shall be held upon the call of the chairperson or upon a written request of a majority of the commission.
The commission shall have the power to appoint an executive director and a secretary. The commission shall request, the mayor shall recommend and the council shall appropriate sufficient funds for that purpose. The commission may also appoint field representatives and staff within funds appropriated and available therefor. The executive director shall be responsible for administering the commission's business and for carrying out such other duties as may be delegated by the commission.
The mayor may remove a member at any time for reasons stated in writing upon fifteen days' notice to the common council. The chairperson shall immediately inform the mayor of any vacancy.
[1]
Editor's Note: Section 3 of this local law provided that it would take effect 7-1-2003.
The duties and powers of the commission shall be to:
(a) 
Develop programs in cooperation with civic, community and civil rights organizations and state and federal agencies, to improve relations among the city's racial, religious, ethnic, and other communities and build an inclusive sense of community throughout the city;
(b) 
Investigate and recommend action in response to incidents, patterns and causes of discrimination on grounds of race, ethnic background, cultural background, language, religion, gender, sexual orientation, gender identity and expression, disability, nationality and age;
[Amended 11-4-2000 by L.L. No. 14-2000, effective 12-6-2000; 9-17-2002 by L.L. No. 9-2002, effective 10-9-2002]
(c) 
Examine, assess and recommend action on issues of equal opportunity and respect for cultural diversity within city government and its services and programs;
(d) 
Assist citizens with filing and pursuing complaints of police misconduct;
(e) 
Review, monitor, report on, and recommend to the appropriate city officials action concerning the police department's (i) initial and continuing training program in community relations and respect for citizens' rights; and (ii) standards and procedures for investigating, acting upon, and resolving complaints of police misconduct. Upon completion of the police department's investigation of a complaint of police misconduct, the commission may review the police department's file of the investigation;
(f) 
Submit at least once each year, and as requested by the mayor or common council, a report on: (i) its activities; (ii) the state of community relations in the city; (iii) the state of equal opportunity and respect for cultural diversity within city government and in its services and programs; (iv) the state of the police department's initial and ongoing training programs in community relations and respect for citizens' rights and standards and procedures for investigating and acting upon complaints of police misconduct; and (v) significant issues that have arisen concerning any of the foregoing matters;
(g) 
Hold public and private hearings and take testimony under oath, and to issue subpoenas requiring the attendance of persons and the production of books, papers and other things;
(h) 
Request the cooperation of other agencies of city government; and
(i) 
Within the amounts appropriated by the common council or otherwise made available by grants, expend, contract for, or direct the expenditure of such sums, and accordingly provide, as permitted by ordinance or grant, the necessary facilities and personnel.
The Citizens Planning Council
The citizens planning council shall:
(a) 
Recommend to the executive director of strategic planning a four year capital program, and review and assess the capital program as finally adopted.
[Amended 12-26-2000 by L.L. No. 1-2001, effective 1-9-2001]
(b) 
Review and assess the city's progress on the four year strategic plan and make public an annual report which shall:
(i) 
evaluate the city's progress on the previous four year strategic plan;
(ii) 
identify and comment upon modification of the four year strategic plan from the current year to the ensuing year;
(iii) 
describe how the capital budget, as adopted, varies from the four year capital program;
(iv) 
assess the fiscal, economic and social and environmental impacts of the annual capital budget, as finally adopted, and its effect on the four year capital program and the four year strategic plan;
(v) 
review the mayor's annual management plan and report, and assess the performance of each department against the objectives stated in the previous years' report; and
(vi) 
review this charter periodically and report the extent of city government's compliance with the charter.
The citizen's planning council shall consist of fifteen (15) members appointed to four-year terms. Eight (8) members shall be appointed by the mayor, five (5) members shall be appointed by the council, and two (2) members shall be appointed by the board of education.
The term of the members first appointed shall commence on July 1, 2000 and such members shall be appointed as follows:
(a) 
Four (4) appointees of the mayor, two (2) appointees of the common council and one (1) appointee of the board of education shall be appointed for two (2) years; and
(b) 
Four (4) appointees of the mayor, three (2) appointees of the common council, and one (1) appointee of the board of education shall be appointed for four (4) years.
(c) 
Their successors shall be appointed, each for the term of four (4) years. Vacancies in the citizens' planning council shall be likewise filled for the unexpired portion of such term.
The mayor shall designate a chairperson from among such members and may from time to time change such designation.
Meetings of the citizen's planning council shall be held upon the call of the chairperson or as specified in a written declaration by a majority of the members of the council, but in no event shall fewer than eight (8) meetings per year be held. A quorum shall consist of not fewer than eight (8) members.
Members of the citizens' planning council shall be residents of the city, who do not hold elective or appointed office in government. They shall have sufficient knowledge of and familiarity with the government and financial matters of the city to enable them to discharge the responsibilities of the citizens' planning council.
Board of Dunn Tire Park
The mayor shall appoint, and may for reasons stated in writing after an opportunity to be heard, remove eleven qualified electors of the city for staggered terms of five years. Vacancies in the board shall likewise be filled for the unexpired portion of such term. The mayor shall designate from among the members the chairman of the board and may from to time change such designation.
(a) 
The board of Dunn Tire park shall be charged with the control, management and operation of Dunn Tire park and of such other similar activities of the city as may hereafter be delegated to it by law or ordinance. The board shall appoint and at pleasure remove a director of Dunn Tire park who shall be the chief executive officer of the board of Dunn Tire park and shall, subject to its direction, have supervision and management of the affairs of the division of Dunn Tire park and of its employees, and shall appoint such other persons to positions as shall be provided by ordinance. The board may from time to time enact orders, rules and regulations not inconsistent with general law or any local law or ordinance for the regulation of its activities and the government and discipline of its officers and employees. It shall issue permits for the use of Dunn Tire park or any part thereof, to persons, associations or corporations in accordance with its rules and regulations and a schedule of rental charges and regulations therefor adopted by the council.
(b) 
When the board votes to close a facility under its jurisdiction, the control, management and operation of such facility shall shift to the commissioner of public works, parks and streets. These duties shall remain with the commissioner until such time as the board votes to reopen the facility.
The board of Dunn Tire park shall hold stated meetings at least twice a month and more often as the board determines, and the chairman may call special meetings. A majority of the board shall constitute a quorum for the transaction of business.
Board of Parking
[Amended 3-20-2007 by L.L. No. 5-2007, effective 4-3-2007]
Subject to confirmation by the council, the mayor shall appoint eleven qualified electors of the city to be members of the board of parking for staggered seven-year terms except appointments made on or after April 1, 2007, in which case for staggered five-year terms. Vacancies in the board shall be likewise filled for the unexpired portion of such term. The mayor shall designate from among the members the chair of the board and may, from time to time, change such designation. The mayor may, at any time, remove a member for reasons stated in writing, after an opportunity to be heard.
The board shall be charged with the duty of making complete and comprehensive studies and investigations to determine the extent and character of parking demands in the city of Buffalo; of making surveys and inventories of existing parking facilities, both curb and off-street spaces; of making estimates of the cost of the acquisition of real property necessary for or incidental to the construction or operation of parking garages or parking spaces; of making estimates of the cost of the construction or establishment on such real property of public parking garages or public parking spaces and for the maintenance and operation thereof. It shall have:
(a) 
Control, management and operation of parking garages and parking spaces owned, or otherwise held, by the city for such purposes and may, subject to approval by resolution or ordinance of the council, lease the same, fix and establish a schedule of charges for the use of such parking garages and parking spaces and issue permits for such use in accordance with such schedule of charges;
(b) 
Supervision, regulation, and enforcement of all rules, regulations, or ordinances appertaining or relating to parking lots and areas throughout the city; and
(c) 
Such other duties as may be assigned to said board by local law, ordinance, or resolution of the common council.
[Amended 6-8-2010 by L.L. No. 8-2010, effective 7-6-2010]
The board may recommend to the council the sale, lease or other disposal, as authorized by law, of any real property acquired by the city for parking garages or parking spaces. It shall encourage parking garages and parking spaces and shall coordinate the same with parking garages and parking spaces owned by the city and with existing private facilities with the view of relieving traffic congestion and promoting and aiding in the clearance, replanning, reconstruction, and rehabilitation of substandard and insanitary areas in the city. The Commissioner of the Department of Parking pursuant to Article 17-A of the City Charter shall be the chief executive officer of the board and shall, subject to its direction: maintain all records relating to the leasing of said lands used for parking lots, together with a copy of all documents, policies, and instruments given as security for the payment of indebtedness upon the leases thereof or to indemnify the city therefor by reason of fire, liability, or damage thereto, shall be filed within the Department of Parking. When said lands are no longer required for such use, and such purpose has terminated, the jurisdiction thereof shall be transferred to, and be supervised and managed by, the division of real estate and all said records shall be filed with the division of real estate.
The Commissioner of Parking shall be the chief executive officer of the board and shall have supervision and management of the affairs of the Department of parking and of its employees, and shall appoint such other persons to positions as shall be provided by ordinance. The Board may, from time to time, enact orders, rules and regulations not inconsistent with general law or any local law or ordinance for the regulation of its activities and the management and discipline of its officer and employees.
The board of parking shall hold stated meetings at least twice a month and as more often as the board determines and the chairman may call special meetings. A majority of the board shall constitute a quorum for the transaction of business.
Board of Johnnie B. Wylie Stadium
[Amended 6-23-2009 by L.L. No. 4-2009, effective 7-8-2009]
The mayor shall appoint, and may for reasons stated in writing, after an opportunity to be heard, remove eleven voting members, nine of whom must be City residents, for the term of four years from July 1, 2009. Members of the common council and board of education may make recommendations to the mayor regarding such appointments. The eleven members appointed on or before July 1, 2009, shall be appointed for the following terms: three for four years, three for three years, three for two years and two for one year, to be designated by the mayor, from July 1, 2009, and their successors shall be appointed each for the term of four years. Vacancies in the board shall likewise be filled for the unexpired portion of such term. The mayor shall designate, from among the members, the chairman of the board and may from time to time change such designation.
The Mayor may also appoint up to three additional members to the Board to serve as non-voting members, who can participate in Board meetings, make suggestions and recommendations to the Board, but shall not be counted as voting members for the purpose of official Board action or for the purpose of establishing a quorum so that the Board can conduct business.
The board of Johnnie B. Wylie stadium shall be charged with the control, management and operation of the Johnnie B. Wylie stadium, and of such other similar activities of the city as may hereafter be delegated to it by law or ordinance. The board shall appoint and at pleasure remove a director of the Johnnie B. Wylie stadium, who shall be the chief executive officer of the board and shall, subject to its direction, have supervision and management of the affairs of the division of Johnnie B. Wylie stadium and of its employees, and shall appoint such other persons to positions as shall be provided by ordinance. The board may from time to time enact orders, rules and regulations not inconsistent with general law or any local law or ordinance for the regulation of its activities and the government and discipline of its officers and employees. It shall issue permits for the use of the Johnnie B. Wylie stadium, or any part thereof, to persons, associations or corporations in accordance with its rules and regulations and a schedule of rental charges and regulations therefor adopted by the council.
The board of Johnnie B. Wylie stadium shall hold stated meetings at least twice a month and more often as the board determines, and the chairman may call special meetings. A majority of the board shall constitute a quorum for the transaction of business.
Examining Board of Plumbers
The examining board of plumbers appointed by the mayor, pursuant to article 4 of the general city law, shall have all the powers and duties conferred by said law upon such board and shall have the powers and duties conferred by sections 45(b) and 47 of said law, and all the powers and duties conferred by said law on local examining board of plumbers. Every master plumber and journeyman plumber shall register with the examining board of plumbers under such rules as the said board shall prescribe.
Appraisal Review Board
There is hereby created an appraisal review board to consist of four qualified electors of the city to be appointed by the mayor, subject to confirmation by the common council. The mayor shall designate from among the members the chair of the board and may, from time to time, change such designation. The chair of the board so designated shall be the head of the board.
Each member of the board shall serve for a term of four years from January first, nineteen hundred sixty-seven; one of whom shall be a private real estate appraiser with ten years experience, and one of whom shall be a licensed real estate broker. The members first appointed by the mayor shall serve terms of one year, two years, three years and four years, as may be prescribed by him or her. Thereafter, all appointments to the board shall be for a term of four years from the date of the expiration of any term. In case of a vacancy resulting by the death, resignation or any other cause of any member during his or her term of office, his or her successor shall be appointed to serve for the unexpired period of the term for which such member had been appointed.
The mayor may, at any time, remove, a member for reasons stated in writing after an opportunity to be heard.
The corporation counsel, the director of real estate, and the chair of the committee on finance of the common council shall serve as ex officio members of the board, with power to vote only when two of the four members of the board are present or a majority vote is necessary. The chair and members of the board shall serve without compensation unless compensation for their services is fixed by an appropriate ordinance.
The chair of the board shall appoint such employees and other personnel as shall be provided by ordinance.
The appraisal review board shall hold stated meetings at least once a month and such other meetings as may be called, in writing, by the chair or upon the written request of two members of the board. A report of the attendance of the members at each meeting shall be filed by the chair of the board with the mayor or the city of Buffalo and with the common council within ten days thereafter. The board may establish rules and regulations for the transaction of its business, not inconsistent with or contrary to the charter or the ordinances.
The board shall establish a list of qualified real estate appraisers eligible to perform appraisals. Such appraisals, when directed by the common council, a committee thereof, or the head of a department, division or board of the city, shall meet the standards and format requirements determined by the board. The board shall review the appraisals submitted; determine whether or not said appraisals meet the standards and format requirements of the board; and thereupon, within ten days thereafter, report the results of said appraisals, with its recommendations, to the appropriate body or head of a department, division or board which requested the same.
City Planning Board
Subject to the confirmation by the council, the mayor shall appoint seven qualified electors of the city of Buffalo to constitute the city planning board. Of the members first appointed two shall be appointed for a term of one year, two for a term of two years, and three for a term of three years, as may be designated by the mayor. At the expiration of each term, the term of office of each successor shall be three years. Vacancies in the board shall be likewise filled for the unexpired portion of such term. The mayor shall designate from among the members a chairman and he may from time to time change such designation. The mayor may at any time remove any member for reasons stated in writing, after an opportunity to be heard. The members of the board shall serve without compensation.
The board shall hold meetings at least once in each month and may hold special meetings at the call of the chair. All meetings of the board shall be open to the public. The chair shall be charged with the maintenance of order at any such meeting and shall have the power to cause to be removed therefrom any person interfering with the orderly progress of such meeting. Only persons permitted by the board shall have the privilege of addressing it at such meetings.
The city planning board shall have the following functions and duties:
(a) 
To study and report to the common council as herein specified all matters pertaining to planning referred to it for its consideration.
(b) 
To study and report to the mayor any and all matters in relation to planning referred to it by the mayor.
(c) 
The city planning board shall, with the approval of the common council and subject to the action thereon by the mayor:
(i) 
Make additional surveys, maps or plans, with recommended modifications or changes, if any, of existing surveys, maps or plans for the future use of any land or buildings within the city of Buffalo.
(ii) 
Make and from time to time change the comprehensive master plan for the development of the entire area of the city showing:
[a] 
General statements of goals, objectives, principles, policies, and standards upon which proposals for the long-range enhancement, growth and development of the city are based.
[b] 
Consideration of regional needs and the official plans of other government units and agencies within the region.
[c] 
The existing and proposed location and intensity of land uses.
[d] 
Consideration of agricultural uses, historic and cultural resources, coastal and natural resources and sensitive environmental areas.
[e] 
Consideration of population, demographic and socio-economic trends and future projections.
[f] 
The location and types of transportation facilities.
[g] 
Existing and proposed general location of public and private utilities and infrastructure.
[h] 
Existing housing resources and future housing needs, including affordable housing.
[i] 
The present and future general location of educational and cultural facilities, historic sites, health facilities and facilities for emergency services.
[j] 
Existing and proposed recreation facilities and parkland.
[k] 
The present and potential future general location of commercial and industrial facilities.
[l] 
Proposed measures, programs, devices, and instruments to implement the goals and objectives of the various topics within the comprehensive plan.
[m] 
All or part of the plan of another public agency.
[n] 
Any and all other items which are consistent with the orderly growth and development of the city.
(iii) 
Make specific recommendations for the future growth and development of the city to afford adequate facilities for housing, transportation, distribution, comfort and convenience, safety, health and welfare of its inhabitants.
(iv) 
Recommend to the common council for its consideration and action, modifications or revisions of the zoning ordinance.
(v) 
Have such further powers and duties which the council may from time to time confer upon it by ordinance.
The council shall refer to the board of planning for its investigation, study and report thereon all city planning matters and all requests for changes in the existing zoning ordinances, matters relating to drainage and the water system plans or maps, and plans or maps for any public waterfront, or marginal street, or public structure upon, in or in connection with such front or street, or for any dredging, filling or fixing of lines with relation to said front; and change of any such maps or plans, the location of any public structure upon, in or in connection with, or fixing lines with relation to said front; the location of any public building bridge, statue or monument, highway, park, parkway, square, playground or recreation ground, or public open space within the city; the discontinuance, closing or abandonment of any public building or any street or public highway, not including the temporary closing of a public building or street as otherwise provided in the ordinances.
The board of planning shall report to the council upon any matter referred to it by law or city ordinance or under the provisions of this article within sixty days, unless the council shall, by resolution, either (a) extend the time, or (b) declare that under the existing facts a report should be submitted to it in the time specified in said resolution.
In case of the failure of the board of planning to so report within the time specified herein or within the time fixed by resolution, the board of planning shall forfeit the right to further suspend the action of the council with respect to the particular matter upon which it has failed to report and the council may take such action on such matter as it may deem desirable without awaiting the report thereon.
No plan, plot or description showing the layout of any highway or street upon private property, or of building lots in connection with or in relation to such highway or street shall, within the limits of the city of Buffalo, be received for record in the office of the clerk of the county where such real property is situated, until a copy of said plan, plot or description has been filed with said board of planning and it has certified with relation thereto, its approval thereof. This requirement shall be compiled with prior to submission of any such plan, plot or description, to the city engineer under section 15-11 of the city charter. Such certificate shall be recorded as a part of the record of said original instrument containing said plan, plot or description. No such street or highway which has not received the approval of the board of planning shall be accepted by the city of Buffalo until the matter has been referred to such board. But if any such street is plotted or laid out in accordance with the map of said municipality, adopted according to law, then it shall not be necessary to file such copy, or obtain or record such certificate.
Buffalo Environmental Management Commission
There is hereby established a commission to be known as the Buffalo environmental management commission that shall be charged with advising city government on present and proposed methods and plans for the preservation, enhancement, protection and management of the environment and encouraging action to improve environmental quality among public and private agencies and organizations operative within the city of Buffalo.
The commission shall consist of nine members; four of whom shall be appointed by the mayor, four of whom shall be appointed by the common council and one of whom shall be appointed by the Buffalo Niagara partnership or any successor organization to the Buffalo Niagara partnership.
The terms of the members shall be two years, except that five of the members first appointed after the enactment of this charter shall be appointed for two years and two of the mayor's appointees and two of the common council's appointees shall be appointed for one year.
The members of the commission shall have environmental oriented training or background in public service and shall be committed to the preservation and enhancement of environmental quality.
The commission:
(a) 
shall hold at least six (6) meetings each year, all of which are open to the public;
(b) 
shall adopt rules and procedures for its meetings and keep accurate records of its meetings and activities;
(c) 
in appropriate cases from time to time, may recommend programs for the protection, preservation and ecologically suitable utilization of open land areas, scenic and historic sites, natural areas, shorelines, marshlands, drainageways and other wetlands in the city to the mayor and common council;
(d) 
in appropriate cases, may recommend the expansion and development of the amount of open space within the city;
(e) 
may advise and make recommendations to the mayor, common council and director of environmental affairs as requested or as may be deemed appropriate by the commission on matters affecting the environmental quality of the city;
(f) 
may develop, recommend and assist in the conduct of a program of public information in the city which shall be designed to increase the understanding of environmental problems and to foster support for their solution;
(g) 
shall cooperate with and assist such other governmental or nongovernmental boards or organizations in the review of proposals or applications as the mayor or common council may direct;
(h) 
may recommend in writing that the common council accept by gift, conditional or unconditional grant, devise or otherwise, real property in fee, or any lesser interest, including conveyance with limitations or reversions, for the purpose of this article.
(i) 
may hold hearings for specified purposes in accord with the general purposes of this article;
(j) 
may report its findings to the mayor, common council, director of environmental affairs, public and private agencies and organizations and interested parties;
(k) 
may submit an annual budget to carry out its purposes and powers as fixed by this article or any other applicable ordinances;
(l) 
may prepare and present a periodic state of the environment report to the mayor and common council;
(m) 
may encourage that environmental concerns be considered and all existing laws, rules and regulations are being complied with by the responsible departments;
(n) 
may encourage appropriate departments to take legal and/or enforcement action pursuant to their authority as warranted and where necessary; and
(o) 
may recommend that the corporation counsel seek an injunction to abate violations of any laws, rules and regulations pertaining to environmental affairs.
The commission shall:
(a) 
Hold at least six meetings each year, all of which are to be open to the public;
(b) 
Adopt rules and procedures for its meetings; and
(c) 
Keep accurate records of its meetings and activities.
The commission, in cooperation with the appropriate city offices, shall prepare and keep current an inventory and map of all areas within the city, including, but not limited to, those open land areas, scenic and historic sites, natural areas, shorelines, marshlands, drainageways and other wetlands in the city, for the purpose of obtaining information pertinent to the preservation, enhancement, and use of such areas. The commission, from time to time, may recommend programs for the protection, preservation and ecologically suitable utilization of such areas to the mayor and common council. In addition, the commission, in cooperation with appropriate city departments, may recommend the expansion and development of the amount of open space within the city.
The commission shall advise and make recommendations to the mayor and common council as requested or as may be deemed appropriate by the commission on matters affecting the environmental quality of the city, and may act as a lead agency for the city concerning any report, recommendation, study, or other matter required by the terms of the state environmental quality review act.
The commission's staff shall be provided from the division of environmental affairs. The chief staff person shall be the director of environmental affairs and the staff shall also include an environmental research analyst who shall have earned a bachelor's degree and have one year of experience in the field of urban planning or environmental analysis.
(a) 
The director of environmental affairs shall be responsible to the commission as chief administrator of the commission to ensure that its duties and responsibilities are carried out, and shall assist the commission as necessary.
(b) 
The duties of the environmental research analyst shall include, but not be limited to, the following:
(i) 
Analyze environmental assessment forms and environmental impact statements relating to the work of the commission.
(ii) 
Analyze all license applications for licenses which may have environmental implications.
(iii) 
Perform necessary inspections in connection with license application review for environmental compliance.
(iv) 
Work with and advise other city departments, as may be necessary or appropriate.
(v) 
Assist the commission as may be deemed necessary or appropriate.
(vi) 
Respond to environmental concerns as necessary.
[Amended 2-20-2007 by L.L. No. 3-2007, effective 3-1-2007]
A. 
The mayor, as the chief executive officer of the city of Buffalo, and all other city officials shall file with the city clerk all notices received on behalf of the city of Buffalo pursuant to the provisions of the State Environmental Review Act and the regulations promulgated pursuant to the Act. Such a notice shall be filed before the end of the next business day with the city clerk who shall promptly forward a copy of such notice to the Buffalo Environmental Management Commission.
B. 
Buffalo Pest Management Sub-Committee. There shall be a standing sub-committee known as the "Buffalo Pest Management Sub-Committee." The Buffalo Pest Management Sub-Committee shall fully incorporate the "Buffalo Pest Management Board" previously operating under Chapter 6 of the City Code.
1. 
Declaration of policy.
a. 
The Common Council of the City of Buffalo finds and declares that the environmentally sound management of plant and animal species within the city is an integral part of preserving human health and maintaining a vibrant and healthy ecosystem in the city.
b. 
The Common Council also finds and declares that the potential hazards involved in the use of pest control methods must be given the highest scrutiny in light of the need to preserve the fragile ecosystem of this city. Indeed, in order to so protect the heritage of our future generations, it is the declared policy of this city to phase out the use of pesticides that are toxic to nontarget organisms by the City of Buffalo, to employ pest control strategies which are the least hazardous to human health and the environment, to adopt pest management programs and strategies which place first priority on the prevention of pest problems and to use pesticides that are toxic to nontarget organisms only in emergencies as defined in § 18-58 B9.
c. 
Towards this end, wise planning and control of activities which influence the ecological balance of the natural resources and environment of this city and the natural and functional beauty of its surroundings require broad-based participation and cooperation of government entities, public and private organizations and the people of the City of Buffalo.
d. 
It is, therefore, in the best interest of the city that a Pest Management Sub-Committee of the Buffalo Environmental Commission be created with the responsibility of assisting the Buffalo Environmental Commission in developing pest management policies for the city. These policies shall include decision making processes that will incorporate preventative pest management planning for all City of Buffalo projects involving plantings, building and remodeling designs, maintenance programs, etc. In furtherance thereof, when pest management treatment programs are undertaken, they must be:
(i) 
Least disruptive or nondisruptive of natural controls.
(ii) 
Least disruptive or nondisruptive to human health.
(iii) 
Nontoxic to nontarget organisms.
(iv) 
Least damaging or not damaging to the environment.
(v) 
Most likely to produce a permanent reduction in the environment's ability to support the pest infestation.
2. 
Membership.
a. 
The Buffalo Pest Management Sub-Committee shall consist of nine members. Two members shall be appointed by the Mayor, one by the Environmental Management Commission and six by the Council. The terms of the members shall be for two years, except those of the members first appointed. Of those, five shall be appointed for terms of two years, and one of the Mayor's and three of the Common Council's appointees shall be appointed for terms of one year. All members shall serve without compensation. A vacancy during the term of any member shall be filled in the manner that the original appointment was made for the duration of the expired term.
b. 
The Buffalo Pest Management Sub-Committee will establish and consult with, as it deems necessary, a subcommittee of city department personnel involved in pest management activities.
3. 
Qualifications. The members of the Buffalo Pest Management Sub-Committee shall have a demonstrated commitment to the preservation and enhancement of environmental quality and to public service.
4. 
Meetings. The Buffalo Pest Management Sub-Committee shall:
a. 
Hold at least nine meetings each year, all of which shall be open to the public.
b. 
Adopt rules and procedures for its meetings, including specific provisions for public participation during Board meetings and on major policy decisions.
c. 
Keep accurate records of its meetings and activities.
d. 
File an annual report with the Mayor, Common Council and Comptroller on or before the 31st day of March of each year.
5. 
Objectives. The objectives of the Buffalo Pest Management Sub-Committee are:
a. 
To limit the use of substances that are toxic to nontarget organisms in pest control undertaken by the City of Buffalo or by contract or subcontract to the City of Buffalo.
b. 
To progressively direct the city and its departments toward dealing with pests by preventive means and by means that are not toxic to nontarget organisms.
c. 
To aid in bringing the city's pest management practices to such an environmentally benign level that Buffalo will become a role model for its citizens and for other municipalities.
6. 
Functions and powers.
a. 
To assist in carrying out the above-mentioned objectives, the Buffalo Pest Management Sub-Committee shall prepare and adopt a pest management plan for use by city departments. This plan shall address pest population monitoring and least-toxic pesticide use, and pest control strategies that are not toxic to nontarget organisms for use after such date.
b. 
The Buffalo Pest Management Sub-Committee shall review, summarize and respond to the required emergency pesticide waiver reports from boards, commissions, departments, employees, contractors of the city or subcontractors of the city as described under § 18-58 B9.
c. 
The Buffalo Pest Management Sub-Committee shall also be empowered to engage in, but not be limited to, the following activities:
(i) 
Identify all City of Buffalo programs, departments, individuals, employees, contractors or subcontractors directly or indirectly implementing pest management methods or strategies by obtaining documents, including but not limited to purchasing contracts, invoices, certification applications, material safety data sheets, labels, accident reports, incident reports or records, workers' grievances and inventory storage sheets properly maintained by the city, its programs, departments, employees, contractors or subcontractors and any other documents required to be filed by the federal government, State of New York or City of Buffalo relative to pest management.
(ii) 
With the specific goal of removing, modifying or replacing any city programs or strategies which are not consonant and consistent with the declaration of policy enunciated hereunder, the Pest Management Sub-Committee shall evaluate and monitor all present pest management programs utilized by, contracted for or engaged in by any city department, including but not limited to reviewing pesticide application records and requests for pesticide purchases.
(iii) 
Develop procedures and guidelines for decision making consistent with the declaration of policy referred to above.
(iv) 
Develop programs for evaluating and monitoring pest problems in the city.
(v) 
Develop guidelines for city staff and residents in handling of typical pest problems; these guidelines to be reviewed and updated periodically.
(vi) 
Develop educational materials to increase public awareness and understanding of the availability of safe alternative methods of pest control and of the hazards associated with the use of pesticides that are toxic to nontarget organisms.
(vii) 
Offer assistance to citizens with pest or other related problems.
(viii) 
Work with and invite active citizen participation in monitoring pest control programs.
(ix) 
Consult with the various departments of the city which are involved with, contract for or are engaged in pest management programs and methods.
(x) 
Submit recommendations to the Environmental Management Commission, city departments or the Council, as appropriate.
(xi) 
Develop a mechanism for record keeping and monitoring all pest management programs authorized by the City of Buffalo or authorized by any board, commission, department, employee, contractor or subcontractor of this city.
(xii) 
Develop and maintain an accessible, interactive database for all city departments, employees, etc., relative to integrated pest management that is not toxic to nontarget organisms.
(xiii) 
Develop, distribute and conduct outreach and educational programs, including but not limited to developing materials such as warning notices, pamphlets, brochures, workshops, speaking engagements and any and all other materials and programs deemed necessary and consistent with the declaration of policy herein.
(xiv) 
Conduct or recommend studies, surveys or inventories as are in accord with the general purposes of this article and to do so with appropriate coordination with existing or prospective work of a similar nature performed by federal, state, county, municipal or private agencies and organizations.
(xv) 
Cooperate with and assist such other governmental or nongovernmental boards or organizations in the preparation of plans or reports and in the review of proposal applications related to pest management as the Mayor, Common Council or Comptroller may direct.
(xvi) 
Advertise, promote, prepare, print and distribute information, including but not limited to print and electronic media.
(xvii) 
Accept, by gift, grant, bequest or otherwise, money or other personal property in the name of the City of Buffalo for use in the furtherance of the provisions of this article.
(xviii) 
  Hold hearings for a specified purpose in accord with the general purposes of this article.
(xix) 
Report findings related to pest management to the Mayor, the Common Council, the Comptroller, public and private agencies and organizations and interested citizens.
(xx) 
Act as a resource on matters concerning pest management issues upon the request of any city department.
(xxi) 
Promote the consideration of and compliance with existing laws, rules and regulations by the responsible departments.
(xxii) 
  Suggest, where warranted, that appropriate governmental entities and/or city departments take legal and/or enforcement action pursuant to their authority.
(xxiii) 
  Promote the development of a pesticide poisoning educational center in consultation with hospitals or other organizations.
(xxiv) 
  Serve as a resource to facilitate training in integrated pest management.
(xxv) 
  Oversee the sunset provisions of § 18-58 B9 of this article.
(xxvi) 
  Advocate for the hiring of the personnel necessary to effectively cut pesticide use by the city and participate in the oversight of those employees.
7. 
Procedures for pest management. The Buffalo Pest Management Sub-Committee shall establish a pest management decision making process for use by city departments which includes the following components:
a. 
Strategies which emphasize prevention and which are the least disruptive of natural systems shall be selected first. These include such strategies as design and maintenance of buildings, appropriate plants, good soil maintenance practices, etc.
b. 
After monitoring and determining that there is a need for pest management, non-chemical management techniques shall be considered, including but not limited to the following methods and techniques:
(i) 
Modification of land and botanical management practices, including watering, mulching, fertilizing, waste management, etc.
(ii) 
Modification of pest ecosystems to reduce food and living space.
(iii) 
Use of physical controls such as handweeding, traps and barriers.
(iv) 
Use of biological controls. (Given the burgeoning field of biotechnology, the Pest Management Subcommittee shall develop criteria for the use of biological controls consistent with the declaration of policy.)
c. 
Use of pesticides that are toxic to nontarget organisms should only occur as a last resort, and after their class is sunsetted under this article, an exemption per § 18-58 B9 will be required for their use.
d. 
All treatments should be monitored to evaluate effectiveness.
8. 
Notice of pesticide use. The Common Council resolves that, in the best interest of public health and courtesy to neighbors, since there are a variety of ways by which individuals may involuntarily come in contact with pesticides, city residents are encouraged to post notices of intent to spray pesticides on their property 48 hours in advance. It is recommended that the notices remain posted for 48 hours after the pesticide application and that warning notices be similar to those in use by the various departments of the city engaged in pest management.
9. 
Municipal pesticide use; sunset provisions.
a. 
For the purposes of this section, the following definitions shall apply:
ANTIMICROBIAL PESTICIDE
A pesticide as defined by 7 U.S.C. 136(mm).
PEST
Any insect, rodent, fungus, weed or any other form of terrestrial or aquatic or animal life or virus, bacteria or other microorganism (except viruses, bacteria or other microorganisms on or in living man or other living animals) which the Commissioner of the New York State Department of Environmental Conservation declares to be a pest.
PESTICIDE
Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest; and any substance or mixture of substances intended for use as a plant regulator, defoliator or desiccant. It shall include all pesticide products registered as such by the United States Environmental Protection Agency and the New York State Department of Environmental Conservation and all products for which experimental use permits and provisional registrations have been granted by the United States Environmental Protection Agency and the New York State Department of Environmental Conservation.
b. 
Effective September 1, 1999, no City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city shall apply on City of Buffalo property any pesticide classified as Toxicity Category I by the United States Environmental Protection Agency or any pesticide classified as a known, likely or probable human carcinogen by the United States Environmental Protection Agency, except as provided for in Subsection e of this section.
c. 
Effective September 1, 2000, no City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city shall apply on City of Buffalo property any pesticide classified as Toxicity Category II by the United States Environmental Protection Agency, any pesticide classified as a possible human carcinogen by the United States Environmental Protection Agency or any pesticide classified as restricted use by the United States Environmental Protection Agency or the New York State Department of Environmental Conservation, except as provided in Subsection e of this section.
d. 
Effective September 1, 2001, no City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city shall apply any pesticide on City of Buffalo property, except as provided in Subsection e of this section.
e. 
Notwithstanding any other provisions, this section shall not apply to the following:
(i) 
Pesticides otherwise lawfully used for the purpose of maintaining a safe drinking water supply at drinking water treatment plants, wastewater treatment plants, reservoirs and related collection, distribution and treatment facilities.
(ii) 
Antimicrobial pesticides.
(iii) 
Pesticides in contained baits for the purposes of rodent or insect control.
(iv) 
Pesticides classified by the United States Environmental Protection Agency as exempt materials under 40 CFR 152.25.
(v) 
Boric acid when used according to its label.
(vi) 
Pesticides prescribed by a licensed veterinarian for the control of parasites of wild, domestic or exotic animals.
f. 
Should a City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city determine that an emergency warrants the use of pesticide that would otherwise not be allowed under this section, it may apply for a single-use waiver from the Commissioner of the department responsible for the property in question. If the waiver is granted, the Commissioner shall file a notice of such waiver with the Common Council.
(i) 
The Commissioner shall determine if such a waiver is warranted based on the following criteria:
(a) 
The pest situation poses an immediate threat to human health or to valuable public resources; and
(b) 
Viable alternatives consistent with this section do not exist. (Such a determination should be made in consultation with a locally recognized expert in integrated pest management whose credentials are deemed satisfactory by the Pest Management Sub-Committee or qualified city personnel.)
(ii) 
As a condition of approval, the Commissioner shall require a commitment from the City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city which made the application for waiver that the underlying causes of the pest outbreak will be addressed in order to prevent future outbreaks.
(iii) 
When a pesticide prohibited by this section is used under the authority of a waiver obtained from the Commissioner, the entity engaged in emergency pesticide application is required to post the following information at the site of application to inform city employees and the public:
(a) 
The date of posting.
(b) 
The address, date, approximate time, pest to be controlled, method of application and specific sites to be treated.
(c) 
Any trade names of the pesticide.
(d) 
The acute and chronic toxicity of the pesticide, duration of toxicity and appropriate warnings.
(e) 
The name and telephone number of the person responsible for the application.
(f) 
The phone number of the poison control center.
(g) 
The name of the city department responsible for the pest management procedures.
(iv) 
As a condition of approval the Commissioner shall require a commitment from the City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city which made the application for waiver to file a report with the Common Council and the Pest Management Sub-Committee detailing the reasons the waiver was needed, the details of when and how the application was made and the steps to be taken to address the underlying cause of the pest problem. This report must be filed with the City Clerk within 30 days of the pesticide use.
Joint Schools Construction Board
(a) 
There is hereby established a joint cooperative board, as agreed upon between the Buffalo board of education and the city of Buffalo, to be known as the "Joint Schools Construction Board" ("JSC Board").
(b) 
The JSC board shall be managed and administered by the following board composition: two (2) board of education designees, the superintendent of schools, the mayor, a common council designee, the comptroller and the New York State regent for the eighth district.
(c) 
The JSC board shall appoint a chairperson by majority vote of its membership.
(d) 
The JSC board shall provide for the holding of regular meetings and such special meetings at the call of the chairperson, as may be necessary. A majority of the whole number of the JSC board members shall constitute a quorum for the transaction of business. The powers of the JSC board shall be vested in and exercised by a majority of the whole number of the members thereof.
(e) 
Members of the JSC board shall receive no compensation for their services.
(a) 
The primary function of the JSC board shall be to enforce and implement the agreement, "Resolution: Joint Schools Construction Board," passed by the Buffalo board of education and the city of Buffalo's common council and the provisions of other relevant agreements and resolutions executed or passed by the Buffalo board of education and the city of Buffalo's common council.
[Amended 4-17-2001 by L.L. No. 7-2001, effective 5-10-2001]
(b) 
The JSC board shall utilize Buffalo board of education and city of Buffalo resources (i.e. staff, city's master plan, etc.) to the fullest extent possible to expedite the reconstruction of existing facilities pursuant to a plan and schedule established by the board of education and the construction of new facilities and to collaboratively seek funds, services and comprehensive development proposals from outside agencies, educational institutions, etc.
[Amended 4-17-2001 by L.L. No. 7-2001, effective 5-10-2001]
(i) 
The JSC board shall have access to each municipal corporation's resources, including but not limited to the corporation counsel's office, professional and technical assistance by planning experts, engineers, architects and any other staff as may be necessary, and the use of each municipal corporation's premises, personnel, equipment and personal property.
(c) 
The JSC board shall be responsible for scheduling the use of the new school facilities pursuant to the agreement entered into between the Buffalo board of education and the city of Buffalo.
(d) 
The JSC board shall consistently manage and administer its power and duties in accordance with the agreement ("Resolution: Joint Schools Construction Board") entered into between the Buffalo board of education and the city of Buffalo, and with the following premise: that the primary purpose of the new facilities built by the JSC board will be education; however, these sites will also serve multiple purposes including but not limited to education, community-based services and stand alone facilities.
(e) 
The JSC board may enter into contracts on behalf of the Buffalo public schools and the city of Buffalo for the construction of the new educational facilities in accordance with applicable state and local law. The JSC board shall solicit proposals and bids and award contracts for the erection of the new facilities. Contractors and subcontractors awarded such contracts shall comply with the affirmative action or equal employment opportunity policies of the city of Buffalo and the Buffalo board of education in effect at the time of the award.
[Amended 7-10-2001 by L.L. No. 9-2001, effective 7-26-2001]
(f) 
The JSC board shall exercise such other and further powers as may be conferred upon it by State law or by agreement of the board of education and the city of Buffalo.
[Added 4-17-2001 by L.L. No. 7-2001, effective 5-10-2001]
(a) 
The Buffalo board of education and the city of Buffalo authorize the JSC board to facilitate this collaboration between the municipal corporations for a period that shall continue until December 31, 2010, or until the completion of any JSC board construction or reconstruction project that remains incomplete on that date.
[Amended 4-17-2001 by L.L. No. 7-2001, effective 5-10-2001]
(b) 
Renewal of this collaboration shall be by appropriate action of both municipal corporations. In the event that there is no renewal, the JSC board shall be dissolved and the custody and control of the new educational facilities shall revert to the Buffalo board of education.
Community Access Television Advisory Board
[Added 1-23-2001 by L.L. No. 2-2001, effective 2-1-2001]
There is hereby established a community access television advisory board to provide guidance to the Division of Telecommunications, Utilities and Franchises on administering the City's public access channel and the municipal telecommunications center.
[Added 1-23-2001 by L.L. No. 2-2001, effective 2-1-2001]
A. 
The Board shall be comprised of seven (7) members, four (4) of whom shall be appointed by the Common Council for two (2) year terms and three (3) of whom shall be appointed by the Mayor for three (3) year terms. Any cable franchisee within the City may maintain one (1) ex officio member to the Board.
B. 
Members of the Board shall possess training or experience in the areas of television production, advanced communications technology, telecommunications law or policy, finance, public administration and other related areas. All of whom shall be residents of the City, representing the diversity of the City as a whole.
C. 
Employees of the City and employees of any cable franchisee (excepting the ex officio member) are not eligible for membership to the Board.
[Added 1-23-2001 by L.L. No. 2-2001, effective 2-1-2001]
The duties of the Community Access Television Advisory Board shall be to:
(a) 
Adopt policies for the administration of the public access television channel and the operation of the municipal telecommunications center;
(b) 
Assist in the resolution of disputes and complaints regarding the enforcement of public access television policy;
(c) 
Make recommendations regarding the planning and budgetary needs for the municipal telecommunications center; and
(d) 
When requested, provide advice and guidance to the Division of Telecommunications, Utilities and Franchises regarding the utilization of the educational and governmental access channels.
[Added 1-23-2001 by L.L. No. 2-2001, effective 2-1-2001]
The Board shall meet at least once per month or more as the Board deems necessary. A majority of the Board shall constitute a quorum for the transaction of business.
Buffalo Creativity and Civic Solutions Commission
[Added 4-30-2002 by L.L. No. 4-2002, effective 5-16-2002]
The commission shall consist of, not more than twenty-one members, each of whom shall be appointed by the following appointing authorities: the Mayor, the Common Council, the City Comptroller, the Board of Education, the Black Leadership Forum (or successor organization with similar interest as determined by the Common Council), Hispanics United (or successor organization with similar interest as determined by the Common Council), Good Neighbors Planning Alliance (or successor organization with similar interest as determined by the Common Council), United Way of Buffalo & Erie County (or successor organization with similar interest as determined by the Common Council), United Neighborhoods (Block Clubs) (or successor organization with similar interest as determined by the Common Council), Buffalo-Niagara Partnership, Buffalo State College Small Business Development Center, The New Millennium Group (or successor organization with similar interest as determined by the Common Council), the Wellness Institute, Leadership Buffalo (or successor organization with similar interest as determined by the Common Council), Creative Education Foundation (or successor organization with similar interest as determined by the Common Council), Buffalo State College International Center for Studies in Creativity, the State University of New York at Buffalo, and up to four others, selected by a majority of the members.
The appointees of the Mayor, the Common Council, the City Comptroller, the Board of Education, Buffalo State College Small Business Development Center, Buffalo State College International Center for Studies in Creativity, the Creative Education Foundation and the State University of New York at Buffalo, United Way of Buffalo & Erie County and the United Neighborhoods (Block Clubs) shall serve three year terms, and the remaining members shall serve for two year terms.
All active members shall be eligible for reappointment.
[Added 4-30-2002 by L.L. No. 4-2002, effective 5-16-2002]
(a) 
Each member shall be a resident of the City of Buffalo, and
(b) 
Shall have training or experience in creative problem solving processes, or
(c) 
Shall have demonstrated excellence in some area of creative endeavor or leadership, or
(d) 
Shall, upon appointment, attend the Commission's Creative Problem Solving Training Program.
[Added 4-30-2002 by L.L. No. 4-2002, effective 5-16-2002]
(a) 
The commission shall provide the city government and various community organizations, with assistance, expertise and education, in the facilitation, and use, of creative problem techniques;
(b) 
Shall act as a funnel and creative catalyst, to and from citizens groups;
(c) 
Shall be a solutions recommending resource for the City of Buffalo;
(d) 
Shall promote the planning and fulfillment of creative actions for the common good;
(e) 
Shall select an appropriate Meetings Facilitator for its activities; and
(f) 
Shall adopt rules and procedures to manage its operations and meetings.
[Added 4-30-2002 by L.L. No. 4-2002, effective 5-16-2002]
An Executive Director may be selected by the commission, and be responsible to the commission, as chief administrator of the commission, to insure that its duties and responsibilities are carried out, and shall assist the commission as necessary.
[Added 4-30-2002 by L.L. No. 4-2002, effective 5-16-2002]
(a) 
The Executive Director shall be an experienced administrator, and
(b) 
Shall have knowledge and experience in various creative problem solving techniques and public action initiatives.
[Added 4-30-2002 by L.L. No. 4-2002, effective 5-16-2002]
Meetings of the commission shall be held upon the call of the Executive Director, or as specified in a written declaration by a majority of the members of the commission, but in no event shall fewer than four meetings per year are held. A quorum shall consist of a majority of the members.
[Added 4-30-2002 by L.L. No. 4-2002, effective 5-16-2002]
The commission may, at its discretion, establish committees to assist it in its mission, and may, at its discretion, appoint non-resident, resource members, thereto.
[Added 4-30-2002 by L.L. No. 4-2002, effective 5-16-2002]
The members shall serve without compensation for their services, but may receive reimbursement for reasonable and necessary expenses incurred in the performance of their official duties.
[Added 4-30-2002 by L.L. No. 4-2002, effective 5-16-2002]
The commission shall, within the amounts appropriated by the Common Council or otherwise made available by grants, expend, contract for, or direct the expenditure of such sums, and accordingly provide, as permitted by ordinance or grant, the necessary facilities and personnel.
[Added 4-30-2002 by L.L. No. 4-2002, effective 5-16-2002]
Each December, the Commission shall prepare an annual written report of its activities and provide a copy to the Mayor, the Common Council and the City Clerk.
Committee for Youth; Advisory Committee for Persons With Disabilities
[Added 6-19-2003 by L.L. No. 6-2003,[1] effective 6-26-2003]
There is hereby created a committee to be designated as the committee for youth, the members of which shall be appointed by the mayor for staggered terms of four years each.
[1]
Editor's Note: Section 3 of this local law provided that it would take effect 7-1-2003.
[Added 6-19-2003 by L.L. No. 6-2003, effective 6-26-2003]
The committee shall make recommendations to the mayor, the common council, and other governmental or private agencies, for the institution of recreation projects and youth service projects by public or private agencies devoted in whole or in part to the provisions of leisure time activities of youth; collect data and statistics and make studies relating to the detection, prevention and treatment of delinquency, crime and neglect among youth; review and recommend any and all youth projects submitted for its consideration; and make appropriate recommendations with reference to problems relating to or created by youth.
[Added 6-19-2003 by L.L. No. 6-2003,[1] effective 6-26-2003; 7-23-2024 by L.L. No. 6-2024]
The advisory committee for persons with disabilities shall consist of eleven (11) persons to be appointed by the mayor for staggered terms. The advisory committee members shall be residents of the city of Buffalo, all of whom are over the age of eighteen (18) years old. At least six (6) of the committee members shall be persons with disabilities. Three (3) members shall represent organizations focused on providing services for people living with disabilities. Two (2) members shall be caregivers to people living with disabilities. The City's ADA/Diversity & Inclusion Coordinator will serve on the board ex-oficio. Additionally, the committee may call on other City departments for assistance in the performance of its duties, and it will be the duty of such other departments to render such assistance to the committee as may be reasonably required. The mayor shall designate a chairperson from among such members and may from time to time change such designation. The members shall serve without compensation.
The first year this becomes effective all eleven (11) board members are to be appointed simultaneously but with varying term lengths initially: Four (4) members shall serve a 1-year term, four (4) members shall serve a 2-year term, and three (3) members shall serve a 3-year term. The second year this is in effect, members from the 1-year term are replaced or reappointed for a full 3-year term. The third year this is in effect, those from the 2-year term are due for replacement or reappointment for a full 3-year term. Each member shall continue to serve until the appointment and qualification of his successor. Vacancies in said committee occurring otherwise than by expiration of term shall be filled by the mayor for the balance of the unexpired term.
All appointments shall be filed with the Common Council with the name, their qualification, and the term length that the member shall serve. After year four (4) all members shall serve for a full term of three (3) years.
Meetings of the committee shall be held upon the call of the chairperson or as specified in a written declaration by a majority of the members of such committee, but in no event shall less than four (4) meetings per year be held. A quorum shall consist of not less than six (6) members.
The advisory committee for persons with disabilities shall advise the city of Buffalo as to policies and procedures which may assist persons with disabilities to fully enjoy all benefits and opportunities available as citizens of Buffalo.
The committee shall monitor the inspection by appropriate city officials of all buildings being constructed or converted to another use, to assure accessibility, to the extent readily achievable, of such buildings to persons with disabilities in compliance with all applicable federal, state and local laws, and shall report to the mayor and or the appropriate department any deficiencies.
The Advisory Committee shall submit all meeting minutes to the City Clerk. By March 15 each year, the committee shall produce an annual report submitted to the Mayor and filed with the Common Council that includes the committee's work year to date, as well as any proposed recommendations that may be accepted, rejected, or modified by the Council.
[1]
Editor's Note: Section 3 of this local law provided that it would take effect 7-1-2003.
[Added 2-4-2025 by L.L. No. 1-2025, eff. 2-4-2025]
There is hereby established a commission to be known as the Charter Revision Commission, which shall be charged with conducting a comprehensive review of the charter of the City of Buffalo to ensure that the needs of the residents are best addressed, reflects the best practices of modern government, and aligns with both state and federal laws.
The Charter Revision Commission shall have all the powers and duties set forth in Article 4 Part 2 § 36 of the Municipal Home Rule Law (MHRL) of the State of New York.
[Added 2-4-2025 by L.L. No. 1-2025, eff. 2-4-2025]
To ensure that the interests of all residents are met, the Commission shall be composed of a diverse and representative group of citizens, legal experts, members of academia, and civic leaders that will conduct their work in a transparent and inclusive manner.
The Charter Revision Commission shall be composed of thirteen (13) members. The mayor, the common council, the common council president, and the comptroller shall each appoint the members of the Commission to serve at his or her pleasure. Members of the Charter Revision Commission shall be appointed as follows:
(1) 
The mayor of the city of Buffalo shall appoint two (2) members
(2) 
The common council shall each appoint one (1) member for a total of nine (9) members.
(3) 
The common council president shall appoint one (1) additional member
(4) 
The city comptroller shall appoint one (1) member
The Charter Revision Commission may designate its chairperson and vice-chairperson from amongst its members and may from time to time change such designation. No person shall be eligible for election or appointment as the chair or vice-chairperson of the Charter Revision Commission who has not been a resident of the city for a period of at least one year preceding the date of his/her election or appointment. The chairperson shall preside over all meetings and hearings. In the absence of the chairperson, the vice-chairperson shall act in their stead. In the absence of both the chairperson and vice-chairperson, a majority of members present shall select a chairperson pro tempore to preside over the meeting.
[Added 2-4-2025 by L.L. No. 1-2025, eff. 2-4-2025]
The terms of office for the members of the Charter Revision Commission shall expire upon the day of the election at which the proposed new charter or charter amendments prepared by the Charter Revision Commission are submitted to the electors of the city, or on the day of the second general election following the organization of the Charter Revision Commission if no such charter or charter amendment(s) have been submitted by that time.
[Added 2-4-2025 by L.L. No. 1-2025, eff. 2-4-2025]
In addition to action under any other power to make appropriations for the support of the Charter Revision Commission, the appropriate officials of the City shall have power, on request of the Charter Revision Commission, to appropriate to such Charter Revision Commission such sum or sums as shall be necessary to defray its expenses and, in the event the appropriating body or bodies do not take affirmative action to provide such sum or sums within forty-five days of the Charter Revision Commission's request, the mayor of the City shall have power to authorize, by certificate filed with the fiscal officer or officers of the City, the Charter Revision Commission to incur liabilities and expenses as specified by him, but within the sum or sums so requested, which shall be a charge against the City and which shall be audited and paid by the appropriate officials of the City.
[Added 2-4-2025 by L.L. No. 1-2025, eff. 2-4-2025]
The Charter Revision Commission shall:
a. 
Adopt rules and procedures governing its meetings;
b. 
Meetings shall be held in accordance with the provisions of this charter and applicable provisions of state law;
c. 
Keep accurate records of its meetings and activities.
[Added 2-4-2025 by L.L. No. 1-2025, eff. 2-4-2025]
The Charter Revision Commission shall conduct public hearings at such times and at such places within the city as it shall deem necessary. The Charter Revision Commission shall have power to conduct private hearings, take testimony, subpoena witnesses and require production of books, papers and records. Records of all meeting minutes and public hearings shall be filed with the city clerk and made available to the public.
[Added 2-4-2025 by L.L. No. 1-2025, eff. 2-4-2025]
The Charter Revision Commission shall review the entire charter and prepare a draft of a proposed new or revised charter. If the Charter Revision Commission shall decide to leave a part of the existing charter unchanged, it may propose in one or more amendments a revision of the remaining parts. In such case it shall make a report to the public, accompanying its proposals, in which it shall refer specifically to such unchanged part and explain its decision to leave such part unchanged. The proposed charter or such amendments may contain such provisions or effect such results as may be made or effected by local law under the provisions of the MHRL, and, subject to the provisions of paragraph (c) of subdivision four of section ten of such chapter, may contain any provisions of the existing charter deemed necessary to make a complete charter or appropriate amendments to the existing charter, with such changes in the headings and in the numbering of the titles, articles, chapters, sections and subdivisions wherein such provisions are found in the existing charter as may be deemed appropriate to correlate and coordinate them with the other provisions in the proposed new or revised charter and with such changes in the text of such provisions as may be deemed desirable to clarify the meaning of such provisions, and to vest in any of the officers of the city provided for in the proposed new or revised charter any power or authority contained in such provisions.
Such new charter or amendments shall be completed and filed in the office of the city clerk in time for submission to the electors not later than the second general election after the Commission is created and organized.