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HomeMy WebLinkAbout05-1230SS No. COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO SPECIAL SESSION DECEMBER 30, 2005 MAYOR Hon. Anthony M. Masiello COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER DELAWARE DISTRICT Marc A. Coppola DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC J. BONIFACIO Jr. - NIAGARA JOSEPH GOLOMBEK JR. - NORTH JEFFERY CONRAD - SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A. Fontana-Members CLAIMS COMMITTEE: Jeffery Conrad Chairman, Richard A. Fontana, Joseph Golombek,Jr., Antoine M. Thompson - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell, Antoine M. Thompson - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr.,Jeffery Conrad, Marc A. Coppola,- Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman Marc A. Coppola, Bonnie E. Russell - Members SPECIAL COMMITTEES BUDGET COMMITTEE:Dominic J. Bonifacio, Jr., Chairman, Marc A. Coppola, Brian C. Davis, Joseph Golombek, Jr. - Members MINORITY BUSINESS ENTERPRISE COMMITTEE- Antoine M. Thompson, Chairman Brian C. Davis EDUCATION COMMITTEE Antoine M. Thompson, Chairman, Richard A. Fontana, David A. Franczyk, Bonnie E. Russell Members CORPORATION PROCEEDINGS SPECIAL SESSION FRIDAY, DECEMBER 30, 2005 10:00 A.M. PRESENT: COUNCIL PRESIDENT DAVID A. FRANCZYK, AND COUNCILMEMBERS BONIFACIO, COPPOLA, DAVIS,FONTANA, FRANCZYK, RUSSELL, AND THOMPSON-7. ABSENT: COUNCILMEMBERS DAVIS, THOMPSON. NO. 1 CALL FOR SPECIAL SESSION TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated December 29, 2005, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on Friday, December 30, 2005 at 10:00 A.M. for the following purpose: To receive and take appropriate action on all items relating to Mayor Elect Reorganization Yours very truly, Gerald A. Chwalinski City Clerk December 29, 2005 Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council and waive the 24hour notice, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All items pertaining to Mayor Elect Reorganization We request that this Special Meeting be held on December 30, 2005 at 10:00 A.M. Marc Coppola Dominic Bonifacio Antoine Thompson Bonnie E. Russell Brian Davis Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: DOMINIC BONIFACIO MARC COPPOLA RICHARD FONTANA BONNIE E. RUSSEIJ, JEFFREY M. CONRAD BRIAN DAVIS JOSEPH GOLOMBEK ANTOINE THOMPSON hereby agrees that twenty-four (24) hours' notice be waived of the time and purpose of the Special Meeting of the Common Council duly called to be held on December 29, 2005 at 10:00 A.M. Marc Coppola Dominic Bonifacio Jr Antoine Thompson Joeseph Golombek Jr Richard Fontana Brian Davis Bonnie E. Russell Jeffrey Conrad-Office Notified STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 29th day of December 2005, before me, the subscribers, personally To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/06 RECEIVED AND FILED NO. 2 RECALL ITEM FROM MAYOR BUDGET & PERSONNEL AMEND. (ITEM NO. 120 C.C.P. 12/27/05) Mr. Coppola moved that Item No. 120 C.C.P. December 27, 2005 be and the same hereby is recalled for the purpose of reconsideration and for taking such further action thereon as the Council may deem to be appropriate. Seconded by Mr. Bonifacio Mr Coppola moved to Receive and File the above Item. Seconded by Mr. Bonifacio RECEIVED AND FILED NO. 3 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 03 - EXECUTIVE DEPARTMENT 1501 - GENERAL OFFICE 1514- REAL ESTATE 21- DEPARTMENT OF FIRE 1131 - ADMINISTRATION 31- DEPARTMENT OF ENGINEERING LL91-TRAFFIC ENGINEERING 1216 - LIGHTING OF STREETS 50-DEPARTMENT OF PUBLIC WORKS & STREETS 1250 - FLEET MAINTENANCE 55 - DEPARTMENT OF COMMUNITY SERVICS 1413 - YOUTH SERVICES The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 03- Executive Department, 1501- General Office, 1514 - Real Estate, 21-Department of Fire, 1131-Administration, 31 -Department of Engineering, 1191-Traffic Engineering, 1216- Lighting of Streets, 50 - Public Works, Parks & Streets, 1250-Fleet Maintenance, 55- Department of Community Services, 14 t3- Youth Services, which currently read: 03 - EXECUTIVE DEPARTMENT 1501 - GENERAL OFFICE 1 Chief of Staff(Mayor) $ 79,243 1 Executive Staff Manager $ 67,735 1 Special Assistant to the Mayor III $ 59,518 1 Receptionist (Mayor) $ 30,083 - $ 33,589 1 Stenographic Secretary $ 31,196- $ 35,883 1514-REALESTATE 1 Marketing Manager $ 42,771- $ 51,173 21- DEPARTMENT OF FIRE 1131 - ADMINISTRATION 1 Community Grant Coordinator $ 31,747 - $ 36,745 31- DEPARTMENT OF ENGINEERING 1191 - TRAFFIC ENGINEERING 1 Junior Engineer $ 35,868 - $ 41,549 31-DEPARTMENT OF ENGINEERING 1216 -LIGHTING OF STREETS 2 Laborer II $ 22,383 - $ 25,432 50-DEPARTMENT OF PUBLIC WORKS & STREETS 1250 - FLEET MAINTENANCE 3 Laborer II (Daily) $ 25,596 - $ 29,182 55 -DEPARTMENT OF COMMUNITY SERVICES 1413 - YOUTH SERVICES 2 Assistant Coordinator of Youth Programs $ 28,449 - $ 31,955 Is hereby amended to read: 03 - EXECUTIVE DEPARTMENT 1501 - GENERAL OFFICE 1 Deputy Mayor $ 85,000 1 Special Assistant to the Mayor III $ 55,OOO 1 Special Assistant to the Mayor II $ 45,000 1 Special Assistant to the Mayor I $ 40,00O 1 Executive Assistant to the Mayor $ 37,927 0 Receptionist (Mayor) $ 30,083 - $ 33,589 0 Stenographic Secretary $ 31,196 - $ 35,883 1514- REAL ESTATE 2 Marketing Manager $ 42,771 - $ 51,173 21- DEPARTMENT OF FIRE 1131 - ADMINISTRATION 1 Stenographic Secretary $ 31,196 35,883 0 Community Grant Coordinator $ 31,747-$36,745 31- DEPARTMENT OF ENGINEERING 1191 - TRAFFIC ENGINEERING 0 Junior Engineer $ 35,868 - $ 41,549 31- DEPARTMENT OF ENGINEERING 1216 - LIGHTING OF STREETS 1 Laborer I $ 22,383 - $ 25,432 50-DEPARTMENT OF PUBLIC WORKS & STREETS 1250 - FLEET MAINTENANCE 2 Laborer II (Daily) $ 25,596 - $ 29,182 55 -DEPARTMENT OF COMMUNITY SERVICS 1413 - YOUTH SERVICES 1 Program Director of Youth Counsel $ 39,767 - $ 43,908 1 Assistant Coordinator of Youth Programs $ 28,449 - $ 31,955 IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position ANTHONY M. MASIELLO, MAYOR, MICHAEL D'ORAZIO, COMMISSIONER OF FIRE JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS DONALD O.ALLEN, COMMISSIONER OF COMMUNITY SERVICES AND MICHAEL A. SEAMAN, DIRECTOR OF BUDGET hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services &that department. We recommend that compensation for said position be fixed at the respective amount set forth in the foregoing ordinance We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, Comptroller, pursuant of Section 24-15 the Charter of the City of Buffalo hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM Michael B. Risman Corporation Counsel 12/28/2005 Attachments PASSED. AYES-6. NOES-0. NO. 4 By: Mrs. Russell CITY OF BUFFALO LOCAL LAW NO. -- (2005) INTRODUCTORY NO. 14 (2005) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Executive Department. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article 6 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: The mayor shall be the head of the executive department. The mayor shall have the power to appoint (a deputy mayor) two (2) deputy mayors who shall serve at the pleasure of the mayor and who shall, as directed by the mayor, act for and in the place of the mayor as his- or her representative in the discharge of official functions. The acts of the deputy mayors shall not curtail or affect the powers of the designated officer who performs the duties of the office of the mayor by reason of the mayor's absence from the state or temporary disability. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. This local law shall take effect immediately. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this Local law is necessary. APPROVED AS TO FORM Michael B. Risman Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. PASSED. AYES-6. NOES-0. NO. 5 By: Mrs. Russell CITY OF BUFFALO LOCAL LAW NO. -- (2005) INTRODUCTORY NO. 15 (2005) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department of Police BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article 13 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: §13-8 Qualifications. The chiefs of police shall be appointed by the Commissioner of Police, and shall have qualifications and experience deemed to be appropriate to satisfactorily discharge the functions of the position. [from ranks not lower than lieutenant.] Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. This local law shall take effect immediately. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this Local law is necessary. Approved as to Form Michael B. Risman Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 6 By: Mrs. Russell CITY OF BUFFALO LOCAL LAW NO. -- (2005) INTRODUCTORY NO. 16 (2005) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department of Permit and Inspection Services BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article 17 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: Article 17 Department of Economic Development and Permit and Inspection Services §17-1 Commissioner of the Department of Economic Development and Permit and Inspection Services; Appointment and Qualifications. The commissioner of the department of economic development and permit and inspection services shall be the head of the department of economic development and permit and inspection services, and shall be a person with (i) demonstrated executive and administrative ability and experience in construction and/or real estate development, which shall include at least three (3) years experience in the administration of building, housing or property code inspection and enforcement activities or (ii) substantially equivalent qualifications that are acceptable to the mayor. The commissioner shall be appointed by the mayor, subject to confirmation by council and shall be removable at the pleasure of the mayor. § 17-2. Commissioner of the Department of Economic Development and Permit and Inspection Services; Duties and Powers. The commissioner of the department of economic development and permit and inspection services shall: (a) Supervise, manage and be responsible for the affairs of the department of economic development and permit and inspection services, including all matters related to permits and inspections, housing, and demolitions. The commissioner shall lead a customer-focused department to encourage and facilitate private development within the city. For purposes of this article, the term "permit" shall be deemed to include a license, unless otherwise indicated by the context; (b) Have charge of all applications to the city or its departments, officers or agencies for permits for the construction or remodeling of all non-public buildings or other structures within the city, including without limitation, the review of all plans and designs. The commissioner shall have charge of all other permits and all inspections for which he is made responsible by this charter, the city code, or any statute, local law or ordinance. The commissioner shall be responsible for all property code enforcement programs, including housing code violations and matters relating to multiple dwellings; plumbing, electrical and combustion inspections; and bingo games and premises inspections; (c) Develop and implement a unified, streamlined system for the review and processing of all applications for the construction or remodeling of all buildings or other structures within the city utilizing, where practicable and appropriate, the best practices of municipalities throughout the United States; (d) Appoint, and at pleasure may remove, a deputy commissioner of permit and inspection services; (e) Have charge of all demolition work; (f) Represent the city in all housing court proceedings; (g) Responsible for the coordination and development of the economic development initiatives of the City. (h) Perform the duties of administering and enforcing the provisions of the zoning chapter of the city code, including granting permits and certificates of occupancy and conducting all inspections required by that chapter; (i) Have charge of issuing, transferring, renewing, revoking, suspending and canceling all licenses and permits, the collection of fees and the coordination of necessary inspections in connection therewith; (j) Oversee all housing and building construction and rehabilitation, code enforcement and rehabilitation assistance. (k) Direct or cause to be torn down, blown up or otherwise destroyed on an emergency basis, any building or buildings which he or she deems to be an immediate threat to the health, welfare and safety to the public; (l) Exercise such other powers and perform such other duties as may be conferred or imposed upon him by this charter, as the same may be amended from time to time, by the mayor or by any general law, local law, ordinance or federal or state law. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. This local law shall take effect immediately. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this Local law is necessary. APPROVED AS TO FORM Michael B. Risman Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. PASSED. AYES-6. NOES-0. Mr. Fontana now took his seat at 10:45 a.m. NO. 7 By: Mrs. Russell CITY OF BUFFALO LOCAL LAW NO. -- (2005) INTRODUCTORY NO. 17 (2005) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department of Administration and Finance. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article 10 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: Article 10 Department of Administration [and] Finance and Urban Affairs § 10-1 Commissioner of Administration [and] Finance and Urban Affairs. The Commissioner of administration [and] finance and urban affairs shall be the head of the department of administration [and] finance and urban affairs, and shall act as the budget director to carry out all of the functions, duties and responsibilities as a member of the Buffalo urban renewal agency. § 10-2 Appointment; Removal. The commissioner shall be appointed by the mayor, subject to confirmation by the council, and shall be removable at the pleasure of the mayor. § 10-3. Qualifications of the Commissioner. The commissioner shall be a graduate from an accredited college or university and have at least five years of experience in the management of fiscal operations, or in supervision and administration, or an equivalent combination of training and experience sufficient to indicate ability to perform the work. § 10-4. Duties and Powers. The commissioner shall have all of the powers and shall be responsible for all the duties hereinafter conferred upon the several divisions of the department and such other duties or powers, as may be conferred upon the commissioner or divisions by law or ordinance. The commissioner shall countersign all checks drawn on the city treasury and shall have custody of all pension and trust funds. Where under any provision of law any moneys payable to the city are required to be paid directly to any officer or agency of the city, other than the commissioner or his or her designee, or where the commissioner and the comptroller certify that any such moneys may be more conveniently paid directly to such other officer or agency, the commissioner or his or her designee and the comptroller shall prescribe the time, manner and form in which such moneys shall be accounted for and paid. The Commissioner shall assist the mayor in the formulation of the budget and in assembling, correlating and revising the estimates and requests for appropriations of the departments, boards and agencies of the city, and shall participate in the investigation, supervision and coordination of the expenditures, and other fiscal operations of such departments, boards and agencies. He or she shall exercise all of the powers and shall perform all of the duties necessary to administer and coordinate the operations of the city budget. He or she shall direct, coordinate and administer the fiscal management of all federally and state funded programs and any agencies related thereto including financial planning, management, program or project budgets, accounting, auditing, budget control, financial statements, federal reporting, the receipts and disbursements of grants, contract administration involving the system of reporting, monitoring and auditing third-party contracts. The Commissioner shall have the power to formulate and conduct special studies on departmental operations, functions or methodology and make recommendations to the mayor for increasing efficiency at all levels. § 10-5. Divisions. There shall be in the department the following divisions: (a) [Division of the budget and management services.] Division of Urban Affairs) (b) Division of parking enforcement. (c) Division of the treasury and collections. (d) Division of purchasing. [(e) Division of collections.] [Division of Budget and Management Services] § 10-6. Director of [the Budget] Urban Affairs; Qualifications. [The head of the division of the budget and management services shall be the director of the budget. He or she shall also be a deputy of the commissioner with power to act generally for and in place of the commissioner. He or she shall be a graduate of an accredited college or university and shall have at least three years of supervisory experience in fiscal operations, municipal government administration and/or management research or an equivalent combination of training and experience sufficient to indicate ability to perform the work.] The head of the division of urban affairs shall be the director of urban affairs. The director shall be appointed by the commissioner and shall be removable at his or her pleasure. The director shall have at least five years of responsible experience in public administration, intergovernmental and intra-governmental policy and operation and with at least three years of supervisory experience or an equivalent combination of training and experience sufficient to indicate the ability to perform the duties of the position. § 10-7. Appointment; Removal. The director shall be appointed by the commissioner and shall be removable at the will of the commissioner. §10-8. Duties and Powers. [The director shall assist the mayor in the formulation of the budget and in assembling, correlating and revising the estimates and requests for appropriations of the departments, boards and agencies of the city, and shall assist the commissioner in the investigation, supervision and coordination of the expenditures, and other fiscal operations of such departments, boards and agencies. He or she shall exercise all of the powers and shall perform all of the duties necessary to administer and coordinate the operations of this division. He or she shall direct, coordinate and administer the fiscal management of all federally and state funded programs and any agencies related thereto including financial planning, management, program or project budgets, accounting, auditing, budget control, financial statements, federal reporting, the receipts and disbursements of grants, contract administration involving the system of reporting, monitoring and auditing third-party contracts. The director shall have the power to formulate and conduct special studies on departmental operations, functions or methodology and make recommendations to the commissioner and to the mayor for increasing efficiency at all levels.] The director of urban affairs shall have immediate charge of the division of urban affairs, and shall be responsible for the following: (a) Initiate, develop, prepare, coordinate and/or assist others in the development and preparation of applications to solicit public or private grants, with the objectives of obtaining additional resources for more efficient and economical provisions of governmental services. The director shall also be responsible for researching grant opportunities from both public and private venues, and provide periodic reports on the status of all grants by department and division. (b) Review in conjunction with the commissioner of administration and finance, and representatives of the mayor's office, the operation of city departments and other agencies for the purpose of identifying services that may be improved after careful analysis of existing procedures. The director shall be responsible for reporting monthly or in an otherwise appropriate time period the results of the departmental review and suggestions for potential improvement. (c) Conduct research to identify areas of city services that may be improved by incorporating best practices, programs or projects from other municipalities or governments, and provide for the distribution of information resulting from such research. (d) Exercise such other powers and perform such other duties as may be conferred upon the director of urban affairs by the mayor or the commissioner of administration and finance for research on special projects with the objective of improving administration of city services or practices. (e) Prepare an annual report or at an otherwise determined time period, identifying opportunities, and reviewing progress in realizing current and previously identified opportunities. Division of Parking Enforcement § 10-9. Director of Parking Enforcement; Qualifications. The head of the division of parking enforcement shall be the director of parking enforcement, who shall be a deputy commissioner of administration and finance, and shall also be the director of the parking violations bureau. He or she shall be a graduate of an accredited college or university with a bachelor's degree and six years, experience in the organization or management of a business enterprise or a governmental agency, two years of which must have been in a responsible supervisory capacity; or possess a master's degree from an accredited college or university and four years experience in the organization or management of a business enterprise or governmental agency, two years of which must have been in a responsible supervisory capacity; or be a graduate of an accredited law school and three years experience in the organization or management of a business enterprise or a governmental agency, two years of which must have been in a responsible supervisory capacity; or possess an equivalent combination of training and experience sufficient to indicate ability to perform the work. § 10-10. Appointment; Removal. The director shall be appointed by the commissioner and shall be removable at the will of the commissioner. § 10-11. Duties and Powers. The director of the division of parking enforcement, under the supervision of the commissioner of administration and finance, shall: (a) Supervise, manage and be responsible for the affairs of the division of parking enforcement, which division shall include the following functions: (i) Parking meter operation, which includes installation, maintenance and removal of parking meters, as well as summons issuance; (ii) Fleet operations, including fleet maintenance, towing and storage of impounded vehicles, and auction of unclaimed vehicles; and (iii) Parking violations bureau operations, including: (i) the administrative adjudication of charges related to parking violations and fine/penalty collection, for purposes of establishing and maintaining a comprehensive parking enforcement program; (ii) the administrative adjudication of charges relating to violations of article seven of the agriculture and markets law and of any local law or ordinance relating to the licensing, identification and control of dogs; and (iii) the administrative adjudication of charges relating to violations of certain ordinances relating to streets, sidewalks and sanitation. (b) Direct, coordinate and administer the fiscal management of the division, including financial planning, budget control, financial reports, contract administration, and the remittance of all penalties, fees, or revenues received by the director of the treasury as provided by local ordinance and state law; (c) Be responsible for the development and operation of computerized management information systems to compile, maintain and retrieve complete and accurate records relating to: (i) Towing and storage of impounded vehicles; and (ii) All charges and dispositions of parking violations; (d Establish and maintain operating policies, standards and procedures for the division and its personnel, including orientation and training programs; (e) Develop and implement parking enforcement programs not inconsistent with the provisions of local ordinances or state laws, including the administration of special towing activities and procedures to identify and process scofflaws; (f) Act as a liaison between the department of administration and finance and other city departments and agencies having a direct or indirect interest in the affairs of the division; (g) Identify on-street parking problems in the city and develop relevant policy responses for the mayor, common council and commissioners of administration and finance and of public works, parks and streets; (h) Cooperate with the board of parking in addressing and developing a comprehensive strategy for on-street and off-street parking throughout the city; and (i) Exercise such other powers and perform such other duties as may be conferred or imposed by the commissioner, or by any provision of this act or by local ordinance or state law. § 10-12. Payment of Parking Fines by Credit Card. The city of Buffalo is authorized to enter into agreements, with one or more financing agencies to provide for the acceptance of credit cards (as such term is defined in Section 5 (a)(1) of the general municipal law) as a means of payments of fines. Any such agreement shall govern the terms and conditions upon which a credit proffered as a means of payment of a fine shall be accepted or declined and the manner in and conditions upon which the financing agency shall pay to the city the amount of fines paid by means of credit card pursuant to such agreement. Any such agreement may provide for the payment by the city to such financing agency of fees for the services provided by such financing agency pursuant to such agreement, which fees may consist of a discount deducted from or payable in respect of the amount of each such fine or otherwise as the agreement may provide. Division of the Treasury and Collections §10-13. Director of the Treasury and Collections. The head of the division of the treasury and collections shall be the director of the treasury and collections. He or she shall be a deputy of the commissioner with power to act generally for and in place of the commissioner. §10-14. Appointment; Removal; Qualifications. The director shall be appointed by the commissioner and shall be removable at his or her pleasure. The director shall be a graduate of an accredited college or university and shall have at least three years' experience in banking administration or accounting management, including the oversight of cash or cash equivalent transactions. §10-15. Duties and Powers. The director of the treasury and collections shall have immediate charge of the division of the treasury and collections, the custody of moneys therein and the receipts, deposits and disbursements of city moneys. He or she shall receive on behalf of the commissioner of administration and finance all current and past-due accounts, revenues, water rents and fees, license fees, fines, state moneys presently due and owing to the city and all taxes and assessments, whether presently due or past due, and shall deposit the same daily to the credit of the city in the depositories designated by the comptroller. Provided, however, that the proceeds of the sale of any capital assets, the purchase or improvement of which has been financed by the issuance of bonds having a maximum maturity of not less than five years and to the extent that such obligations, together with interest, are outstanding and unpaid, shall be deposited to the credit of a reserve find which is hereby established for the payment of one or of several issues of bonds and the comptroller shall disburse said find for the payment of such bonds and accrued interest thereon, from time to time, as principal payments and interest thereon become due. The director shall disburse city moneys but only upon warrants or checks prepared and signed by the commissioner or his or her designee as provided in this act. He or she shall keep full, accurate and separate accounts of the various funds and moneys in his custody and shall render to the comptroller at the end of each day's business a detailed statement of all moneys received and paid out by him or her. He or she shall have such other powers and duties as are conferred by this article or by ordinance or general law. A report shall be promptly made to the director by each officer, department, board and commission or other city agency of all moneys due to the city and of all unliquidated claims as soon as such claims shall become due and owing, together with all particulars in reference to such unliquidated claims. The director under the supervision of the commissioner shall be charged with the supervision and management of the collection of all moneys and accounts, due and owing to the city which have been billed by a department, agency, division or board of the city and which have not been paid to the city on a timely basis in accordance with the terms of such bill. The director shall immediately proceed with the collection of all such claims reported to him or her. The director shall be entitled to the assistance of the relevant billing department, agency, division or board in enforcing collection of the money or account. He or she shall be entitled to the, services of the department of law to institute the necessary court proceedings to aid in such collections. The director shall make recommendation to departments, agencies, divisions and boards of the city regarding billing practices and shall recommend to the council a schedule of fees, charges and penalties in connection with billing, collection and enforcement practices and procedures. He or she shall account for the moneys so collected. [§10-39 Director of Collections. The head of the division of collections shall be the director of collections who shall also be a deputy commissioner of administration and finance. The director of collections is authorized to act generally for and in place of the commissioner. He or she shall be a graduate of a recognized college or university with a bachelor's degree and at least three (3) years of experience in accounting, collections, law or management. § 10-40. Appointment; Removal. The director shall be appointed by the commissioner and shall be removable at the will of the commissioner. § 10-41. Duty to Report Unpaid Claims to the Director. A report shall be promptly made to the director by each officer, department, board and commission or other city agency of all moneys due to the city and of all unliquidated claims as soon as such claims shall become due and owing, together with all particulars in reference to such unliquidated claims. § 10-42. Duties and Powers of Director of Collections. The director of collections under the supervision of the commissioner shall be charged with the supervision and management of the collection of all moneys and accounts, due and owing to the city which have been billed by a department, agency, division or board of the city and which have not been paid to the city on a timely basis in accordance with the terms of such bill. The director shall immediately proceed with the collection of all such claims reported to him or her. The director shall be entitled to the assistance of the relevant billing department, agency, division or board in enforcing collection of the money or account. He or she shall be entitled to the services of the department of law to institute the necessary court proceedings to aid in such collections. The director shall make recommendation to departments, agencies, divisions and boards of the city regarding billing practices and shall recommend to the council a schedule of fees, charges and penalties in connection with billing, collection and enforcement practices and procedures. He or she shall account for, and pay to the director of the treasury, the moneys so collected.] Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. This local law shall take effect immediately. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this Local law is necessary. APPROVED AS TO FORM Michael B. Risman Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. %f 070 PASSED AYES-7. NOES-0. NO. 8 BY: MRS. RUSSELL CITY OF BUFFALO LOCAL LAW NO. -- (2005) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Executive Department. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article 6 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: §6-15 Division of Communications and Intergovernmental Relations. (a)For the purposes of the following sections relating to the division of communications and intergovemmental relations the term "intergovernmental relations" shall include relations between or among municipal corporations, school districts, boards of cooperative educational services, town, village and county improvement districts, fire, water and sewer districts, the state of New York, other states, the federal government, foreign governments, public benefit corporations, public authorities, urban renewal agencies, international organizations, and industrial development agencies, or their respective units. (b)There shall be an office of communications and intergovernmental relations within the executive department. The head of the division shall be the director of communications and intergovernmental relations. §6-16 Qualifications and Appointment of the Director of Communications and Intergovemmental Relations. The director of communications and intergovemmental relations shall hold a baccalaureate degree from an accredited college or university, and have at least two years of experience in public administration, public finance, public planning, or in another field involving intermunicipal relations, municipal-state, or municipal-federal relationships. The director of communications and intergovemmental relations[hips] shall be appointed by the mayor and may be removed at will by the mayor. § 6-17. Powers and Duties of the Director of Communications and Intergovemmental Relations. The director of communications and intergovernmental relations shall: (a)Initiate, develop, prepare and promote, or assist others in the development, preparation and promotion of intergovernmental projects or programs, with the objectives of achieving more efficient and economical provision of services, by obtaining the benefits of economies of scale, by making available to the city the expertise and other resources of collaborating parties, and by facilitating and protecting its interests in territories beyond its borders. (b)Review the operations of the city's departments and other agencies for the purpose of identifying services that may be improved if performed on a cooperative basis. (c)Advise on means by which the city may obtain the advantages of existing provisions of statutes or constitutional provisions authorizing intergovemmental cooperation, intergovernmental contracts, and the provision of joint services, such as article five-g of the general municipal law (municipal cooperation generally), article 14-g of the general municipal law (interlocal agreements with governmental units of other states), section 120-w of the general municipal law (contracts for solid waste management), article 5-j of the general municipal law (intermunicipal cooperative activities, comprehensive studies and reports), article 12-B of the general municipal law (metropolitan, regional or county planning boards), and article 12-C of the general municipal law (intergovernmental relations councils). (d)Conduct research to identify areas of city services that may be improved by intergovernmental programs or projects, and provide for the distribution of information resulting from such research. (e)Identify and make recommendations regarding possibilities for obtaining economies through joint bidding and purchasing. (f)Represent the city in regional or other intergovernmental agencies. (g)Maintain liaison with officials of other governments or other entities to elicit cooperation in the development of intergovernmental arrangements. (h)Exercise such other powers and perform such other duties as may be conferred upon the director of intergovernmental relations by this charter, or by state or local laws or ordinances. (i) Prepare an annual report identifying opportunities, and reviewing progress in realizing those and previously identified opportunities. (i) The Director of Communications and Intergovernmental Relations shall function as the primary spokesperson for the mayor, and shall direct, coordinate, and manage internal and external communications for the mayor. In addition, the Director shall prepare and issue publicity releases, including media requests, with the mayor's approval and maintain a harmonious relationship with the press and other public relations media. The Director will also be responsible for facilitating all community affairs for the mayor, including punic presentations, event coordination and publicity, and opportunities for positive visibility whenever possible. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. This local law shall take effect immediately. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this Local law is necessary. APPROVED AS TO FORM NOTE: Matter underlined is new, matter in brackets is to be deleted. PASSED AYES - 7 NOES - 0 NO. 9 BY: MRS. RUSSELL CITY OF BUFFALO LOCAL LAW NO. -- (2005) INTRODUCTORY NO. 19 (2005) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department of Management and Information Systems. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article 9 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: §9-1 Commissioner of Management Information Systems. The commissioner of management information systems shall be the head of the department of management information systems. The commissioner will provide technology vision and leadership for developing and implementing information technology (IT) initiatives that improve cost effectiveness, governmental service quality, and business development. The commissioner will provide leadership in planning and implementing enterprise information systems to support government operations, and achieve more cost beneficial enterprise-wide IT operations. The commissioner shall have comprehensive knowledge of the business principles and techniques of administration, organization, and management to include an in-depth understanding of the key business issues that exist in civic government, including but not limited to: knowledge of strategic and operational planning; governmental economics; personnel administration; applicable federal, state and local laws; marketing, financial and costs analysis; and trends in New York State municipalities, and municipal administrative theory and practice. § 9-2. Appointment and Removal. The commissioner of management information systems shall be appointed by the mayor, the comptroller, and the president of the council acting conjointly and by a majority thereof. Such appointment shall be made subject to confirmation by the common council. The commissioner may be removed at the pleasure of the mayor, the comptroller, and the president of the council acting conjointly and by a majority thereof. § 9-3. Qualifications of Commissioner. The commissioner shall have the following qualifications: (a) A master's degree from an accredited college or university in management information systems, computer science or related computer field or in civic or business [or in public] administration, or other evidence of substantial business knowledge, and two years of full-time administrative or supervisory experience in the electronic data processing field; or (b) A bachelor's degree from an accredited college or university in management information systems, computer science, or related computer field or in business or in public administration and four years of full-time administrative or supervisory experience in the electronic data processing field; or (c) Any satisfactory equivalent combination of the foregoing training and experience. § 9-4. Duties and Powers. The commissioner of management information systems shall be responsible for the following: (a) All data processing functions and operations of the city; (b) Designing, planning, organizing and directing the development, implementation and evaluation of a computerized management information system, including database and programmatic functions; (c) Overseeing hard and soft application of all systems software; (d) Supervising maintenance of the management information system; (e) Evaluating computer hardware and software acquisition; (f) Working with consultants and vendors on equipment problems; (g) Developing and evaluating standards of performance for the management information system and operating policies; (h) Training, assigning and coordinating the work of management information personnel; (i) Ensuring prompt feedback to users of computer services in the city; (j) Conferring with the comptroller, commissioners, directors and other city officers and personnel regarding computer applications, information needs, service requirements, operational problems, strategic planning, and changes in operating procedures; (j) Conferring with the comptroller, commissioners, directors and other city officers and personnel regarding computer applications, information needs, service requirements, operational problems, strategic planning, and changes in operating procedures; (k) Identifying means of improving the efficiency and effectiveness of the management information system; and (1) Such other powers and duties as shall be granted to the commissioner. (m) The commissioner will participate in the strategic planning process of the City, and develop, coordinate and maintain IT systems strategic and operational plans in support of the City's overall mission and business strategy. (n) The commissioner will provide strategic and tactical planning, development, evaluation, and coordination of the information and technology systems for the City of Buffalo, and will ensure the continuous delivery and operation of integrated administrative and governmental information systems. (o) The commissioner is responsible for the management of multiple information and communications systems and projects, including administrative transactions, voice, data, imaging, and office automation. The commissioner shall also be responsible for the coordination, facilitation, and consultation with City of Buffalo staff on information systems, communications, and management systems initiatives, and will ensure that the City is current with the information systems standards set forth by the State of New York and other governmental and regulatory entities as appropriate. (p) Establishes IT service level agreements with user organizations, and monitors IT systems performance to assure service levels are being met. (q) Develop policy and procedures and ensure the protection of City IT assets, and the security and privacy of information entrusted to or maintained by the City. (r) Prepare the annual operating and capital budgets for City IT systems operations consistent with City priorities and established financial guidelines. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. This local law shall take effect immediately. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this Local law is necessary. NOTE: Matter under lined is new, matter in brackets is to be deleted. PASSED AYES – 7 NOES - 0 NO. 10 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 03 - EXECUTIVE DEPARTMENT 1501 - GENERAL OFFICE 1518- INTERGOVERNMENTAL 08 - MIS 1071 - MANAGEMENT INFORMATION SYSTEMS 11 - ADMINISTRATION & FINANCE 1150- BUDGET & MANAGEMENT 15- 1056 TREASURY 31 - PUBLIC WORKS / ENGINEERING 1200 - ADMINISTRATION 55- COMMUNITY SERVICES 1412 - SENIOR SERVICES 65 -DEPARTMENT OF PERMITS & INSPECTIONS 1150 -HOUSING & INSPECTIONS The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 03- Executive Department, 1501 - General Office, 1518 - Intergovernmental, 11- Administration & Finance, 1150-Budget & Management, 1056 - Treasury, 31-Public Works/Engineering, 1200- Administration, 55-Community Services, 1412-Senior Services, 65 - Department of Permits & Inspections, - 1150 - Housing & Inspections, which currently read: 03 - EXECUTIVE DEPARTMENT 1501 - GENERAL OFFICE 1 Deputy Mayor $85,000 1 Special Assistant to the Mayor III $55,000 1518 - INTERGOVERNMENTAL RELATIONS 1 Director of Intergovernmental Relations $ 67,102 08-1071 MIS 0 Commissioner of MIS $ 74,405 11 - ADMINISISTRATION & FINANCE 1150 -BUDGET & MANAGEMENT 1 Commissioner of Administration & Finance $79,243 1 Director of the Budget $73,209 15 -1056 TREASURY 0 Director of Treasury $60,443 31-PUBLIC WORKS 1200 ADMINISTRATION 1 Associate Account Clerk $29,179-$33,897 COMMUNITYSERVICES 1412 - SENIOR SERVICES 3 Senior Citizen Specialist Supervisor $ 30,797 - $ 35,485 65-PERMITS & INSPECTIONS 1150 -HOUSING & INSPECTIONS 1 Commissioner of Permits & Inspections $ 73,337 1 Stenographer $ 25,677 - $ 28,493 Is hereby amended to read: 03 - EXECUTIVE DEPARTMENT 1501 - GENERAL 2 Deputy Mayor $85,000 0 Special Assistant to the Mayor III $ 55,000 1518 - COMMUNICATIONS & INTERGOVERNMENTAL RELATIONS 1 Director of Communications & Intergovernmental Relations $ 79,243 I Commissioner of MIS $ 74,405 11 - ADMINISISTRATION, FINANCE & URBAN AFFAIRS 1150 -ADMINISISTRATION, FINANCE & URBAN AFFAIRS 1 Commissioner of Administration, Finance and Urban Affairs $83,000 1 Director of Urban Affairs $ 55,000 15 -1056 TREASURY 1 Director of Treasury and Collections $73,209 31 - PUBLIC WORKS 1200 - ADMINISTRATION 0 Associate Account Clerk $ 29,179 - $ 33,897 55 - COMMUNITY SERVICES 1412 - SENIOR SERVICES 1 Senior Citizen Specialist Supervisor $ 30,797 - $ 35,485 65 -ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES 1150 -HOUSING & INSPECTIONS 1 Commissioner of Economic Development and Permit and Inspection Services $ 81,484 0 Stenographer $ 25,677 - $ 28,493 IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position ANTHONY M. MASIELLO, MAYOR, JAMES B MILROY PH.D., COMMISSIONER OF ADMINISTRATION & FINANCE, RAJENDER MEHTA, DIRECTOR OF DATA PROCESSING, DONALD O. ALLEN, COMMISIONER OF COMMUNITY SERVICES, JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS, RAYMOND MCGURN, COMMISSIONER OF PERMITS & INSPECTIONS AND MICHAEL A. SEAMAN, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, Comptroller, pursuant of Section 24-15 the Charter of the City of Buffalo hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation Anthony Masiello Mayor Andrew SanFilippo Comptroller PASSED AYES - 7 NOES – 0 NO. 11 ADJOURNMENT Mr. Coppola made a motion to adjourn at 10:45 am