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Home My WebLink About03-0919ss Special Session COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO September 19, 2003 TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty MAYOR Jean Grant, Joseph Golombek Jr.; Members Hon. Anthony M. Masiello BUDGET COMMITTEE: Rosemarie LoTempio , ACTING COMPTROLLER Chairman, Richard Fontana, Mary M. Martino, James W. Andrew Sanfilippo Pitts COMMON COUNCIL ERIE BASIN MARINA LEASE COMMITTEE: James PRESIDENT OF THE COUNCIL W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., James W. Pitts Charley H. Fisher III, Joseph Golombek Jr. PRESIDENT PRO TEMPORE POLICE REORGANIZATION COMMITTEE: Dominic J. Richard A. Fontana Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana, David A. Franczyk, Mary Martino, Charley Fisher III. MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BRIAN C. DAVIS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Marc Coppola, Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary Martino, Antoine Thompson-Members CLAIMS COMMITTEE: Mary M. Martino, Chairman, Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean Grant-Members COMMUNITY DEVELOPMENT COMMITTEE: Antoine Thompson, Interim Chairman, Dominic J. Bonifacio Jr. Brian C. Davis, Joseph Golombek Jr., Beverly Gray, Rosemarie LoTempio-Members FINANCE COMMITTEE: Betty Jean Grant, Chairman, Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A. Franczyk, Mary Martino-Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph Golombek Jr., Betty Jean Grant, Rosemarie LoTempio, Members RULES COMMITTEE: James W. Pitts, Chairman Charley H. Fisher III, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A. Franczyk, Beverly Gray, Antoine Thompson; Members SPECIAL COMMITTEES CORPORATION PROCEEDINGS Charley Fisher III Brian Davis COMMON COUNCIL Richard Fontana CITY HALL - BUFFALO David Franczyk Friday September 19, 2003 AT 10:00 AM Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named PRESENT - James W. Pitts President of the Council, members of the Common Council, to wit: and and Council Members Bonifacio, Coppola, Davis, DOMINIC BONIFACIO Fisher, Fontana, Franczyk, Golombek Grant, LoTempio BRIAN DAVIS and Martino - 11 RICHARD FONTANA JOSEPH GOLOMBEK ABSENT – Gray and Thompson - 2 BEVERLY GRAY MARY MARTINO NO. 1 MARC COPPOLA CALL FOR SPECIAL SESSION CHARLEY FISHER III Mr. Charles L. Michaux, III DAVID FRANCZYK City Clerk BETTY JEAN GRANT 1308 City Hall ROSEMARIE LOTEMPIO Buffalo, New York ANTOINE THOMPSON Dear Mr. Michaux: hereby states that he/she received twenty-four (24) hours' Pursuant to Section 3.9 of the Charter of the City of Buffalo, notice of the time and purpose of the Special Meeting of the upon the written request of Five Councilmembers, dated Common Council duty called to be held on September 19, September 16, 2003 presented to you herewith, I hereby call 2003 at 10: 00 A.M. a Special Meeting of the Common Council, to be held in the Charley H. Fisher III Council Chambers, City Hall, Buffalo, New York, on , Brian Davis September 19, 2003, at 10: 00 A.M., for the following Richard Fontana purposes: David Franczyk To receive and take appropriate action on: Marc Coppola All Items Relating To Year 29 Block Grant Betty Jean Grant Your very truly, Joseph Golombek James W. Pitts Rosemary LoTempio President of the Council Dominic Bonifacio Mary M. Martino OFFICE OF THE CITY CLERK Beverly Gray September 16, 2003 Antoine Thompson TO EACH MEMBER OF THE COMMON COUNCIL: STATE OF NEW YORK COUNTY OF ERIE) ss: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 CITY OF BUFFALO) of the Charter of the City of Buffalo, upon the written request of five Councilmembers, dated September 16, 2003, JAMES On this 16th day of September 2003, before me, the W. PITTS, President of the Common Council, has called a subscribers, Special Meeting of the Common Council, to be held in the personally appeared Council Chambers, City Hall, Buffalo, New York, on Friday, To me known to be the same persons described in and who September 19, 2003 at 10:00 A.M. for the following purpose: executed the foregoing instrument, and they duly and To receive and take appropriate action on all items relating severally acknowledged to me that they executed the same. to Gerald Chwalinski 1. Year 29 Block Grant Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/04 Yours very truly, RECEIVED AND FILED Charles L. Michaux III City Clerk NO. 2 September 16, 2003 DISCHARGE COMMUNITY DEVELOPMENT COMMITTEE Hon. James W. Pitts - President Common Council RELEASE YEAR 29 BLOCK GRANT 1315 City Hall (ITEM 165 CCP 9/16/03) Buffalo, New York Whereas: The above item is currently in the Community Dear Sir: Development Committee; WE, the undersigned, members of the Common Council, and hereby request that you call a Special Meeting of the Whereas: It is no longer necessary for this item to be Common Council, pursuant to Section 3.9 of the Charter of considered by that committee; the City of Buffalo, for the following purpose: Now, Therefore, Be It Resolved: To receive and take appropriate action on All items That this Common Council does hereby discharge the pertaining to Community Development Committee from further 1. Year 29 Block Grant consideration of this item, and said item is now before the We request that -this, Special Meeting be held on Council. September 19, 2003 at 10: 00 A.M. Seconded by Mr. Fontana Adopted. David A. Franczyk Mr Davis took his seat at 10:28 am Buffalo Fiscal Stability Letter Mr. Fisher took his seat at 10:20 am September 18, 2003 Mrs Gray and Mr. Thompson were execused Honorable James W. Pitts President of the Common Council NO. 3 1315 City Hall BY: MR. FRANCZYK, MR. THOMPSON, MR. DAVISBuffalo, NY 14202 RE: RELEASE YEAR 29 BLOCK GRANT Dear Council President Pitts: CCP#165 09/02/03 I received your letter yesterday advising me of the Special WHEREAS: Year 29 Community Development Block Grant Session of the City Council, tomorrow, September 19th , at funds have been frozen by the Department of Strategic 10 AM regarding the Year 29 Community Development Planning, causing hardship to housing and human agencies Block Grant (CDBG) funds. I agree that the allocation of in Buffalo; and, these funds is an urgent matter. It is unfortunate that the WHEREAS: Community based organizations may not be BFSA was not presented with the contracts or any request able to meet payroll and are discussing the possibility of for approval prior to Monday, September 15 closing their doors, which would be a blow to the We have been advised that the portion of the CDBG funds neighborhoods and people these agencies serve; and, with which you are concerned is paid directly from the WHEREAS: For some reason, the Department of Strategic Federal Government to an account maintained by the Planning chose to submit the Year 29 CDBG budget to the Buffalo Urban Renewal Agency (BURA). Additionally, we Buffalo Fiscal Stability Authority for its review, although there have been advised that BURA is the agency that administers is nothing in the state enabling legislation which suggest that these funds on behalf of the City. We understand that the the Authority has control over federal block grant funds; and, CDBG funds are made available to recipients by way of WHEREAS: The block grant program is a "contract" between contracts entered into between each recipient and BURA on the cities and its government in Washington, and hence is behalf of the City. The City attorney has advised us that subject to review by HUD, not New York State or any of its BURA is a "covered organization" within the meaning of the ancillary agencies or authorities; and, BFSA Act. The BFSA Act permits the BFSA to "review and WHEREAS: BURA has apparently interpreted that the approve or disapprove contracts or other obligations binding CDBG funds it approves in excess of $50,000 is also subject or purporting to bind the city or any covered organization." to review by the Control Board, but there appears to be no [Section 3858, 2 (h)]. Accordingly, the BFSA has the right to legislative mandate requiring this; and, review and approve the contracts which allocate the funds. WHEREAS: Control Board legislation states that "covered However, BFSA's authority in this matter is permissive rather organizations" under its jurisdiction includes any "public than mandatory. 11%4* As such, in order to permit the timely authority," in the city which directly receives funds from the allocation of the specific CDBG funds this year, the BFSA is city, but it is unclear about funds emanating from the federal taking no action with respect to them. Therefore, BURA government; and, needs no further action from the BFSA with respect to the WHEREAS: In its rejected Four-Year Plan to the Control allocation of these funds. Of course, we assume the City will Board, the city submitted a CDBG plan which slashes follow its normal procedures in assuring that the distribution allocation to the CBOs by twenty-eight percent, to cover of these funds is in the best interest of the City and that other more losses in the Section 108 Loan Program, appropriate steps are followed to comply with appropriate reorganization of the Fire Department and other spending legal requirements. over budget; and, As you know, BFSA did not approve BURA's financial plan. WHEREAS: The decision to send the CDBG budget to the Authority staff is in the process of working with the Agency to Control Board without a request to do so by the board raises ensure development of a balanced financial plan by the serious questions about the propriety of the city's decision, October 1, 2003 deadline. We also will continue to review the ramifications of which is a threat to the deliver of federal contractual arrangements proposed by the Agency, for funds to communities in need; and, possible BFSA action in the future. WHEREAS: Agencies executive directors have apparently Market Arcade Building * Suite 200 been informed that the Control Board may not review the 617 Main Street Year 29 CDBG requests until October 2, or later, with a Buffalo, New York 14202 possibility that the board may disallow the funding, even 716.853.0907 (phone) a 716.853.9052 (fax) though their Jurisdiction over these funds may be I trust this letter fully satisfies your need for information from nonexistent; BFSA, and, as such, my presence at the September 19 NOW THERFORE BE IT RESOLVED: That pending a legal meeting will not be required. Please feel free to contact me if opinion to the contrary, the Department of Strategic Planning you have any questions about this matter. should release all Year 29 CDBG funds per contractual Sincerely, agreement as approved by the Common Council to all Dorothy A. Johnson affected Community Based Organizations. On a motion by Mrs. LoTempio seconded by Mr. Franczyk BE IT FURTHER RESOLVED: That the Department of ccp#165 from 09/02/03 was adopted. Strategic Planning appear before the Common Council to ADOPTED explain the reason for its actions vis a vis Year 29 Block Grant, and to discuss any new strategies for the use of these NO. 4 funds, if any. ADJOURNMENT BE IT FURTHER RESOLVED: That the law department On a Motion by Mrs. LoTempio seconded by Mr. Bonifacio, render a legal opinion as to whether or not the Buffalo Fiscal the meeting adjourned at 11:19 am Stability Authority has jurisdiction over the allocation of ADOPTED. federal Community Development Block Grant funds. BE IT FINALLY RESOLVED: That certified copies of this resolution be sent to the WNY Delegation, and the Federal and State Legislators