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.
(b)
Age
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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.
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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.
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Citizens Advisory Commission on Reapportionment
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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.
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Citizens Salary Review Commission
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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.
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Commission on Citizens Rights and Community Relations
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[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.
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.
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The Citizens Planning Council
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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.
The members shall serve without compensation.
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.
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Board of Dunn Tire Park
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The board of Dunn Tire park shall be the head of the division
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.
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Board of Parking
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The board of parking shall be the head of the division 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]
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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.
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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.
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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.
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Board of Johnnie B. Wylie Stadium
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The board of Johnnie B. Wylie stadium shall be the head of the
division 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.
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Examining Board of Plumbers
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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.
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Appraisal Review Board
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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.
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City Planning Board
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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:
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.
(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.
ANTIMICROBIAL PESTICIDE
PEST
PESTICIDE
For the purposes of this section, the following definitions
shall apply:
A pesticide as defined by 7 U.S.C. 136(mm).
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.
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.
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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.
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Community Access Television Advisory Board
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[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.
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Buffalo Creativity and Civic Solutions Commission
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[Added 4-30-2002 by L.L. No. 4-2002, effective 5-16-2002]
To honor, promote and take local advantage of the City of Buffalo's
World Leadership in the study and utilization of Creativity, for the
common good, a commission, to be known as the Buffalo Creativity and
Civic Solutions Commission, is hereby established.
[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]
[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.
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Committee for Youth; Advisory Committee for Persons With
Disabilities
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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.
The advisory committee for persons with disabilities committee
shall consist of twenty-one persons to be appointed by the mayor for
staggered three-year terms. Vacancies in the committee shall be likewise
filled for the unexpired portion of such term. The advisory committee
members shall be residents of the city of Buffalo. At least eleven
of the committee members shall be persons with disabilities. 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.
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
eight (8) meetings per year be held. A quorum shall consist of not
less than seven (7) 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, in order to assure accessibility of such buildings to persons
with disabilities in compliance with all applicable federal, state
and local laws, and shall report to the mayor any violations or deficiencies.
[1]
Editor's Note: Section 3 of this local law provided that it
would take effect 7-1-2003.
