HomeMy WebLinkAbout15-0123ssSPECIAL SESSION
JANUARY 23, 2015
AT 3:00 P.M.
1. Call for Special Session R &F
2. Home Rule Message to Pass Assembly Bill A 3455 and Senate Bill S2401 Entitled
"An Act to Amend the Vehicle and Traffic Law in Relation to Certain Penalties and Forfeited
Security Collected by the City of Buffalo and Granting a Traffic Violations Agency APP
3. Adjourn ADOPT
Present: Darius G. Pridgen President of the Council, and Council Members Fontana, Golombek, Rivera, Scanlon, Smith, Wyatt -7
Absent: Councilmember Franczyk, LoCurto -2
NO. 1
CALL FOR SPECIAL SESSION
January 23, 2015
Mr. Gerald A. Chwalinski
City Clerk
1308 City Hall
Buffalo, New York
Dear Mr. Chwalinski:
Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Six Councilmembers, dated January 23, 2015 presented
to you herewith, I hereby call a Special Meeting of the Common Council to be held in the Council Chambers, City Hall, Buffalo, New York, on
January 23, 2015 At 3:00 PM for the following purpose: and waive the 24 hour notice.
To receive and take appropriate action on:
All Items Relating To
1. Home Rule Message to Pass Assembly Bill A 3455 and Senate Bill S2401 Entitled "An Act to Amend the Vehicle and Traffic Law in Relation to
Certain Penalties and Forfeited Security Collected by the City of Buffalo and Granting a Traffic Violations Agency
Yours very truly,
Darius G. Pridgen
President of the Council
RECEIVED AND FILED
January 23, 2015
Hon Darius G. Pridgen
President of the Council
1315 City Hall
Buffalo, NY 14202
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 24
hour 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
Home Rule Message to Pass Assembly Bill A 3455 and Senate Bill S2401 Entitled "An Act to Amend the Vehicle and Traffic Law in Relation to
Certain Penalties and Forfeited Security Collected by the City of Buffalo and Granting a Traffic Violations Agency
We request that this Special Meeting be held on January 23, 2015 at 3:00 PM
Christopher P. Scanlon
David A. Rivera
Demone Smith
Darius G. Prigden
Rasheed NC Wyatt
Richard Fontana
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:
RICHARD A. FONTANA
DAVID FRANCZYK
JOSEPH GOLOMBEK
MICHAEL LOCURTO
DAVID RIVERA
CHRISTOPHER SCANLON
DEMONE SMITH
RASHEED N.C. WYATT
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 January 23, 2015 at 3:00 P.M.
Christopher P. Scanlon
Richard A. Fontana
David A. Rivera
Joseph Golombek, Jr
Demone Smith
CM LoCurto — notified
Rasheed NC Wyatt
CM Franczyk - notified
STATE OF NEW YORK
COUNTY OF ERIE) ss:
CITY OF BUFFALO)
On this 12th day of January 2015, before me, the subscribers, personally appeared
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 12/31/16
January 23, 2015
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 January 23, 2015, DARIUS G. PRIDGEN, 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, January 23, 2015 at 3:00 PM. For the following
purpose:
To receive and take appropriate action on all items relating to
1. Home Rule Message to Pass Assembly Bill A 3455 and Senate Bill S2401 Entitled "An Act to Amend the Vehicle and Traffic Law in Relation
to Certain Penalties and Forfeited Security Collected by the City of Buffalo and Granting a Traffic Violations Agency
Yours very truly,
Mildred Castro
Deputy City Clerk
NO. 2
BY: COUNCIL SMITH
HOME RULE REQUEST TO PASS ASSEMBLY BILL A.3455 AND SENATE BILL S.2401 ENTITLED: "AN ACT TO AMEND THE VEHICLE
AND TRAFFIC LAW, IN RELATION TO CERTAIN PENALTIES AND FORFEITED SECURITY COLLECTED BY THE CITY OF BUFFALO AND
GRANTING A TRAFFIC VIOLATIONS AGENCY CERTAIN POWERS; TO AMEND THE GENERAL MUNICIPAL LAW, IN RELATION TO
ESTABLISHING THE BUFFALO TRAFFIC VIOLATIONS AGENCY; TO AMEND THE STATE FINANCE LAW, IN RELATION TO THE
JUSTICE COURT FUND; TO AMEND THE CRIMINAL PROCEDURE LAW, IN RELATION TO A TRIAL BY JUDICIAL HEARING OFFICER;
REQUIRES THE EXECUTIVE DIRECTOR OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY TO ANNUALLY ISSUE A REPORT ON THE
PROGRESS, DEVELOPMENT AND OPERATIONS OF SUCH AGENCY; TO AMEND A CHAPTER OF THE LAWS OF 2014, AMENDING THE
VEHICLE AND TRAFFIC LAW RELATING TO DIRECTING THE CITY OF BUFFALO TO ADJUDICATE TRAFFIC INFRACTIONS, AS
PROPOSED IN LEGISLATIVE BILLS NUMBERS S.870 -C AND A.3702 -C, IN RELATION TO THE EFFECTIVENESS THEREOF."
WHEREAS, there is no pending in the New York State Legislature legislation that establishes a "traffic violations agency" as an executive
department of the City of Buffalo to assist the Buffalo City Court in the adjudication of infractions in the City of Buffalo, and further authorizing the
City of Buffalo to enact local laws to accomplish this purpose; and
WHEREAS, it is in the interest of the City of Buffalo that such legislation to enacted; now therefore be it
RESOLVED, that the City Clerk send a Home Rule Request to the New York State Legislature, as follows:
To the Legislature:
Pursuant to Article IX of the Constitution, the City of Buffalo requests the enactment of Senate Bill No. S.2401 and Assembly Bill No. A.3455,
entitled "AN ACT to amend the vehicle and traffic law, in relation to certain penalties and forfeited security collected by the city of Buffalo and
granting a traffic violations agency certain powers; to amend the general municipal law, in relation to establishing the Buffalo traffic violations
agency; to amend the state finance law, in relation to the justice court fund; to amend the criminal procedure law, in relation to a trial by judicial
hearing officer; requires the executive director of the Buffalo traffic violations agency to annually issue a report on the progress, development and
operations of such agency; to amend a chapter of the laws of 2014, amending the vehicle and traffic law relating to directing the city of Buffalo to
adjudicate traffic infractions, as proposed in legislative bills numbers S.870 -C and A.3702 -C, in relation to the effectiveness thereof."
It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows:
The local government does not have the power to enact such legislation by local law.
EXPLANATION:
This bill amends various provisions of the Vehicle and Traffic, General Municipal, Criminal Procedure and State Finance Laws to authorize Buffalo
to establish a traffic violations agency similar to those authorized for Nassau and Suffolk counties. The bill's provisions address various matters
including due process, appointment of traffic prosecutors, assignment of judicial hearing officers, and reporting. It also modifies the effective date
of the underlying bill in order to provide for the orderly transition from the DMV TVB to the Buffalo traffic violations agency.
And be it further
RESOLVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate, the New York Assembly,
and the local delegation to the New York State Legislature.
PASSED
AYES 7, NOE S
NO. 3
ADJOURNMENT
On a motion by Mr. Smith, seconded by Mr. Scanlon, the Council adjourned at 3:10 P.M.
GERALD A. CHWALINSKI
CITY CLERK