A. Position created; appointment; term. There is hereby created the position of Secretary of the Boardof Contract and Supply. Such Secretary shall be appointed by the Board to hold office during itspleasure.

B. Duties. It shall be the duty of said Secretary to keep a full journal of all the proceedings of the Boardand to perform such additional duties as may be required by the Board, or by law or ordinance of theCity Council.

A. Except as otherwise provided by law, it shall be the duty of the Board of Contract and Supply, after public notice and in accordance with regulations prescribed by general ordinance of the City Council, to award to the lowest responsible bidder, who will give adequate security therefor, all contracts for public work involving an expenditure of more than $20,000 and all purchase contracts involving an expenditure of more than $10,000. [Amended 12-4-2006 by L.L. No. 2-2006]

B. Notwithstanding the provisions of Subsection A of this section, in the case of a public emergency arising out of an accident or other unforeseen circumstances affecting public buildings, public property or the life, health, safety or property of the inhabitants of the City of Binghamton therein, or any public property requiring immediate action which cannot wait competitive bidding, contracts of public work or the purchase of supplies, materials or equipment may be let by the appropriate officer or board without a letting by contract and filing with the Board of Contract and Supply a certificate setting forth the reasons of said emergency.

C. Upon the adoption of an ordinance by a vote of at least 4/5 of all the members of City Council therein stating that, for reasons of efficiency or economy, there is need for standardization, purchase contracts for a particular type or kind of equipment, materials or supplies of more than $10,000 may be awarded by the Board of Contract and Supply to the lowest responsible bidder furnishing the required security after advertisement of sealed bids therefor in the manner provided in this section. Such ordinance shall contain a full explanation of the reasons for its adoption. [Amended 12-4-2006 by L.L. No. 2-2006]

D. In the event the award is not made to the lowest qualified bidder then and in that event, before a contract is awarded to other than the lowest qualified bidder, such board shall report to the Council all bids received with a certificate from such board stating in full the particulars of and the reasons why the lowest qualified bidder is not to be awarded the contract and no contract shall be awarded by such board to other than the lowest qualified bidder unless and until a resolution of the Council is duly adopted authorizing such board to award a contract to one other than the lowest qualified bidder.

A. The Board of Contract and Supply shall have power to reject all bids or proposals if, in its opinion, the lowest bid or proposal is excessive.

B. The Board of Contract and Supply shall disregard all bids or proposals not complying with the terms of the public notice or advertisement inviting the same, and no bids shall be accepted from or contract awarded to any person who is in arrears to the City upon any debt or contract, or who is in default on surety or otherwise upon any obligation to the City, or who has refused or neglected to execute any contract awarded to him or her, or to give the surety, if any, required for the performance thereof within the time fixed therefor.

A. Whenever any person, corporation or other entity shall desire to submit a bid on any public works project or any part of such a contract, that firm shall as a part of its bid complete and submit a “Contractor/Subcontractor Questionnaire.”

B. All answers submitted in response to the Contractor/Subcontractor Questionnaire shall be complete, accurate and true for a period of five years in the past and be made under penalty of law.

C. Whenever a bidder answers a question in the affirmative that bidder must submit an attachment, providing details concerning the matter in question, including applicable dates, locations, names or projects/project owners and circumstances.

D. The following questions shall be contained in the Contractor/Subcontractor Questionnaire:

E. The Contractor/Subcontractor Questionnaire shall be completed by a director, officer or manager of the entity submitting the bid and shall bear that person's signature.

F. A failure to submit information or documents responsive to the Contractor/Subcontractor Questionnaire, or the submission of any false statement, misrepresentation or omission regarding a material fact concerning any aspect of the Contractor/Subcontractor Questionnaire, will render that bidder ineligible to be awarded the contract.

G. Further, should the bidder engage in any conduct which would require an affirmative answer to any of the questions of the Contractor/Subcontractor Questionnaire during the completion of a public works contract, the City of Binghamton may, at its discretion, render the contract void and render the bidder ineligible for future contracts for a period of two years.

A. It shall be the policy of the City of Binghamton to give preference to otherwise qualified contractors who will employ local labor or laborers.

B. “Local” defined. For the purposes of this section, a labor or laborers are local if they reside or maintain their principal place of business within the County of Broome, New York.

C. The bidding specifications for all public works contracts shall require that all bidders shall submit, with their bid, a statement of whether or not local labor or laborers will be used on the project. If local labor will not be used, the bidder may submit a statement of why local labor is not being used. If local labor is being used, then the bidder certification shall specify what percentage of the labor will be performed by local labor or laborers.

A. If any court of competent jurisdiction shall adjudge any provision of this article to be invalid, such judgment shall not affect any other provision of this chapter.

B. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this article to a particular contract, such judgment shall not affect the application of said provision to any other contract.

A. The members of the Board of Estimate and Apportionment shall meet upon call of the Mayor or as directed by the Board.

B. The Mayor shall be President of the Board and the City Clerk shall act as Secretary thereof. The Secretary shall keep a journal of all of the proceedings of the Board.

A. The powers and duties of the Planning Commission shall be as set forth in Article 12-A of the General Municipal Law, but the only matter which shall be referred for report thereon, to such Commission by the City Council before final action thereon by said City Council, is the adoption of a general map or plan of the City providing for the present and future development and growth of the City as a whole, and none of the matters incident thereto as set forth in detail in § 236 of the General Municipal Law, or otherwise, shall be referred to said Planning Commission, separately, for report thereon, pending the final adoption of said plan or map as aforesaid.

B. This section shall not be construed as intended to limit or suspend action by the City Council upon any matter or class of matters incident to the preparation of a City plan or map as referred to in § 236 of the General Municipal Law pending the final report of said Planning Commission and adoption of such plan or map.

A. “Accessory Structure” means a subordinate structure located on the lot, the use of which is clearly incidental to and associated with the principal structure.

B. Where an accessory structure is attached to the principal structure in a substantial manner, as by a roof, such accessory structure shall normally be considered as a part of the principal structure.

C. Examples of accessory structures are barns, garages, carports, playhouses, sheds, private greenhouses, gazebos, storage buildings, boathouses and docks, wind-generating devices, swimming pool pump houses, radio and television receiving antenna towers and dishes and, storage containers.

A. The facilities are mounted on structures 50 feet or less in height including their antennas, or are mounted on structures no more than 10 percent taller than adjacent structures, or do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;

B. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; and

C. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume.

A. Meetings: to hold at least one meeting in each month and as many other meetings at such other times as in the opinion of the Chairperson or majority of the Commission are necessary or desirable for the efficient discharge of the business of the Commission.

B. Rules and regulations: to adopt such rules and regulations as may be necessary, not inconsistent with the provisions of this article and with respect to the conduct of the meetings and the business of the Commission and the other matters incidental and appropriate to the powers and duties of the Commission as described by this article and for the proper administration and enforcement of this article and to amend or repeal any of such rules or regulations by a majority vote at any special or regular meeting, with at least 30 days' written notice of the proposed change.

A. No design for a building, addition to a building, or any other design element that is accessory to a new development site or structure proposed to be erected upon any street or property owned, leased, or occupied by the City, or involving the use of funds or monies of or from the City, shall be implemented without the approval of the Commission.

B. The Commission shall also consider the location of structures and may make recommendations for changes in location thereof.

C. The Commission may recommend that works of art be a part of any new construction under their purview and may require that up to 1% of the total cost of construction be used for works of art.

D. Notwithstanding the above, utility equipment installations in the public right-of-way, including small wireless facilities, shall be exempt from review by the Commission, except in local historic districts, or in historic districts listed on the State and National Registers of Historic Places, or when located within fifty feet of the property line of a designated local landmark.

E. Small wireless facilities will comply with City of Binghamton Small Wireless Facilities Aesthetic Design Standards, as may be adopted by City Council from time to time.

A. The location of the building, structure, or sign on the site or street.

B. The relation of the building, or structure to adjacent open space or spaces, including adjoining property, both private and public, including streets.

C. The form and bulk of the building, or structure in association with other nearby structures.

D. The placing of buildings, or other structures in existing or newly created public open spaces, including parks.

A. Advise the Common Council on matters affecting the preservation, development, and use of the natural and man-made features and conditions of the City insofar as beauty, quality, biologic integrity, and other environmental factors are concerned and, in the case of man's activities and developments, with regard to any major threats posed to environmental quality, so as to enhance the long-range value of the environment to the people of the City of Binghamton.

B. Develop and, after receiving general approval by ordinance of the Common Council, conduct a program of public information in the community which shall be designed to foster increased understanding of the nature of environmental problems and issues and support for their solutions.

C. Conduct studies, surveys, and inventories of the natural and man-made features within the City of Binghamton and such other studies and surveys as may be necessary to carry out the general purposes of this article.

D. Maintain an up-to-date inventory or index of all open spaces in public or private ownership within the municipality, including but not limited to natural landmarks, glacial and other geomorphic or physiographic features; streams and their floodplains, swamps, marshlands, and other wetlands; unique biotic communities; scenic and other open areas of natural or ecological value; and of the ownership, present use and proposed use of such open areas, so as to provide a base of information for recommendations by the Commission for their preservation and/or use.

E. Seek to coordinate, assist, and unify the efforts of private groups, institutions, and individuals within the City of Binghamton in accord with the purposes of this article.

F. Maintain liaison and communications with public and private agencies and organizations of local, state, and national scope whose programs and activities have an impact on the quality of the environment or who can be of assistance to the Commission.

G. Working in cooperation with the Planning Board, recommend from time to time to the Common Council features, plans, and programs relating to environmental improvement for inclusion in the Master Plan of the City of Binghamton and, similarly, recommend to the Common Council appropriate and desirable changes in existing local laws and ordinances relating to environmental control or recommend new local laws and ordinances.

H. Prepare, print, and distribute books, maps, charts, and pamphlets in accord with the purposes of this article.

I. Obtain and maintain in orderly fashion maps, reports, books and other publications to support the necessary researches of the Commission into local environmental conditions.

J. When authorized by ordinance of the Common Council of the City of Binghamton, the Commission may accept by gift, grant, devise, bequest, or otherwise, property, both real and personal, in the name of the City of Binghamton, as may be necessary to conserve and otherwise properly utilize open spaces and other land and water resources within the boundaries of the City of Binghamton. Such real property may be accepted in fee for land and water rights, or as any lesser interest, development right, easement, including conservation easement, covenant, or other contractual right, including conveyance with limitations or reversions.

K. Carry out such other duties as may be assigned from time to time by the Common Council.

A. Two members, one year.

B. Two members, two years.

C. Three members, three years.

A. The 11 voting members shall be appointed in the following manner:

B. The Mayor of the City of Binghamton and the remaining seven City Council members shall serve as ex officio members of the Board.

A. Elect a Chairperson (for a one-year term; no one member may be Chairperson more than two successive years).

B. Establish a quorum.

C. Adopt rules of order.

A. Protect and enhance the landmarks and historic districts, which represent distinctive elements of Binghamton's historic, architectural, and cultural heritage;

B. Foster civic pride in the accomplishments of the past;

C. Protect and enhance Binghamton's attractiveness to visitors and the support and stimulus to the economy thereby provided;

D. Ensure new or remodeled structures, located within historic districts, be designed and constructed to harmonize with structures located within the historic district;

E. Strengthen the economy of the City and provide a stimulus to new business; and

F. Ensure the harmonious, orderly, and efficient growth and development of the City.

A. In order to effectuate the purpose and intent of this article, there is hereby established in and for the City of Binghamton a commission to be known as the Binghamton Historic Preservation Commission (“the Commission”).

B. This Commission shall be one and the same as the Commission on Architecture and Urban Design.

C. The Commission shall consist of seven (7) members to be appointed, to the extent available in the community, by the mayor and composed of:

D. Ex officio members shall include, to the extent available, the Mayor, the Planning Director, a Code Inspector, a member of the Susquehanna Heritage Area Commission, a member of the Preservation Association of the Southern Tier (PAST), a member from Binghamton Downtown Inc., a member of Broome County Department of Planning and Economic Development, and other persons whom the Mayor or the Commission may appoint, which persons shall have experience or specialized talents deemed useful to the Commission. Ex officio members shall have no voting privileges.

E. Commission members shall serve for a term of three (3) years, with the exception of the initial term of one of the seven (7) members, which shall be one year, one, which shall be two years, and one, which shall be three years.

F. A member of the Commission may be removed by the Mayor for good and sufficient cause, after he or she has been afforded an opportunity to be heard in his or her defense.

G. A vacancy occurring in the membership of the Commission from any cause shall be filled by the Mayor, for the unexpired term of the member whose office has become vacant. Recommendations for filling vacancies may be made to the Mayor by the Commission, which recommendations shall be made within 30 days after the date when such vacancies occur.

H. The Chairman and Vice Chairman of the Commission shall be elected by and from among the members of the Commission.

I. The powers of the Commission shall include:

J. The Commission shall meet at least monthly on a specific date and time to be determined yearly by the Commission, but meetings may be held at any time on the written request of any two of the Commission members or on the call of the Chairman or the Mayor.

K. A quorum for the transaction of business shall consist of four (4) of the Commission's members, but not less than a majority of the full-authorized membership may grant or deny a Certificate of Appropriateness.

A. The Commission may designate an individual property as a landmark if it:

B. The Commission may designate a group of properties as a historic district if it:

C. Unless as determined by the Commission to have exceptional importance, properties which have achieved significance within the last fifty (50) years shall not be considered eligible for designation.

D. Notice of a proposed designation shall be sent by registered mail to the owner of the property proposed for designation, describing the property and announcing a public hearing by the Commission to consider the designation. Where the proposed designation involves so many owners that individual notice is infeasible, notice may instead be published at least once in a newspaper of general circulation at least ten (10) days prior to the date of the public hearing. Once the Commission has issued notice of a proposed designation, no building or demolition permits shall be issued by the building inspector until the Commission has made its decision.

E. The Commission shall hold a hearing prior to designation of any landmark or historic district, which shall be open to members of the public. The Commission, property owners and any interested parties may present testimony or documentary evidence at the hearing which will become part of a record regarding the historic, architectural, or cultural importance and/or architectural, cultural, or economic impact of the proposed landmark or historic district. The record may also contain staff reports, public comments, or other evidence offered outside of the hearing.

F. Within seven days after designation of a landmark or historic district, the Commission shall file a copy of such designation with the Planning Commission and with the Common Council. Within 30 days of the designation by the Commission, the Planning Commission shall file a report with the Council with respect to the relation of such designation to the Master Plan, the zoning laws, projected public improvements and any plans for the redevelopment of the site or area involved. The Council shall, within 30 days from the date of submission of the report of the Planning Commission to the Council, approve or disapprove, or refer back to the Commission for modification, said proposal. Any designation approved by the Council shall be in effect on and after the date of approval by the City Council.

G. The Commission shall forward notice of each property designated as a landmark and the boundaries of each designated historic district to the office of the Broome County Clerk for recordation.

A. No person shall carry out any exterior alteration, restoration, reconstruction, new construction, or moving of a landmark or property within a local historic district, nor shall nay person make any material change in the appearance of such property, its light fixtures, signs, awnings, fences, steps, paving or other exterior elements which affect the appearance and cohesiveness of the landmark or historic district, without first obtaining a Certificate of Appropriateness from the Commission.

B. Administrative Certificate of Appropriateness. Notwithstanding Subsection A above, certain minor exterior alterations, restorations and material changes which conform to the standards established in the most recently adopted City of Binghamton Historic Preservation Design Guidelines and the Secretary of the Interior’s Standards for Historic Preservation may be approved on behalf of the Commission and issued an Administrative Certificate of Appropriateness by the Historic Preservation Planner, or any other City-contracted qualified professional meeting the Professional Qualifications referenced in the Code of Federal Regulations, 26 CFR Part 61 in the fields of History, Architectural History, Architecture, or Historic Architecture; such approval shall be made in consultation with the Senior Planner and/or the Chair of the Commission. Activities which may be eligible for an Administrative Certificate of Appropriateness are limited to the following:

C. If it is determined by Planning Staff or the Chair of the Commission that a proposed project seeking an Administrative Certificate of Appropriateness is likely to have a significant impact on the historic character of the structure or the historic district, Staff shall be authorized to forward the application to the Commission for full review at the next available meeting.

D. Denial of an Administrative Certificate of Appropriateness application shall result in the application being forwarded to the Commission for full review at the next available meeting.

A. In passing upon an application for a Certificate of Appropriateness, the Commission shall not consider changes to interior spaces, unless they are open to the public. The Commission's decision shall be based on the following principles:

B. In applying the principle of compatibility, the Commission shall consider the following factors:

A. Prior to the commencement of any work requiring Certificate of Appropriateness, the owner shall file an application for such a certificate with the City. The application shall contain:

A. The Commission’s Determination of Historic Significance shall be based on the following considerations which are based on the United States Secretary of the Interior Standards for Historic Preservation:

A. Prior to demolition of any building more than forty (40) years old, the owner shall file an application for a Determination of Historic Significance with the Commission. The application shall contain:

B. Deterioration caused by deliberate neglect of maintenance or repairs by owner shall not be considered valid grounds for a negative Determination of Historic Significance or for the approval of a demolition permit application.

C. No demolition permit shall be issued for such a building until a negative Determination of Historic Significance has been issued by the Commission. The Determination of Significance required by this act shall be in addition to and not in lieu of any demolition permit that may be required by another ordinance of the City of Binghamton.

D. The Commission shall issue a Determination of Historic Significance within forty-five (45) days from initial Commission review of the completed application, unless an extension of this deadline is agreed upon by both the Commission and the applicant. The Commission may hold a hearing on the application at which time an opportunity will be provided for proponents and opponents of the application to present their views.

E. All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the City Clerk's Office for public inspection. The Commission's decision shall state the reasons for positive or negative Determination of Historic Significance.

F. If the Supervisor of Building Construction & Code Enforcement has issued a determination letter that an accessory structure is unsafe, then the Historic Preservation & Neighborhood Planner II may perform a staff level review determination of Historical Significance Review. The Historic Preservation & Neighborhood Planner II’s determination of Historical Significance shall be based on § 18-83 Criteria for Determination of Historical Significance for Demolition. No demolition permit shall be issued for such a structure until a negative determination of Historic Significance has been issued by the Historic Preservation & Neighborhood Planner II. The determination of significance required by this act shall be in addition to and not in lieu of any demolition permit that may be required by another Ordinance of the City of Binghamton. The Historic Preservation & Neighborhood Planner II shall issue a determination of Historical Significance within forty-five (45) days of receipt of the completed application, unless an extension of this deadline is agreed upon by both the Historic Preservation & Neighborhood Planner II and the applicant. If it is determined by the Historic Preservation & Neighborhood Planner II that the demolition of the unsafe accessory structure is likely to have a significant impact upon the historic character of the property, the Historic Preservation & Neighborhood Planner II shall be authorized to forward the application to the Commission for full review at the next available meeting. Staff level determinations of historical significance for the demolition of unsafe accessory structures shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the Planning Department for public inspection. The decision shall state the reasons for positive or negative determination of Historical Significance. If the Historic Preservation & Neighborhood Planner II position is vacant, then determinations of Historical Significance for Demolition of Unsafe Accessory Structures will be forwarded to the Commission on Architecture and Urban Design for review.

A. An applicant whose proposed demolition has been denied due to a positive Determination of Historic Significance may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that:

A. After receiving written notification from the Commission of the denial of a Certificate of Appropriateness or the denial of demolition permit due to a positive Determination of Historic Significance, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Commission makes a finding that a hardship exists.

B. The owner may be required to submit any of the following information by affidavit to the Commission for evaluation and recommendation.

C. An applicant may request a waiver of one or more of the submittal requirements based on the specific nature of the case.

D. The Commission shall issue a decision on the hardship application within forty-five (45) days from initial Commission review of the completed application. The Commission may hold a hearing on the application at which time an opportunity will be provided for proponents and opponents of the application to present their views.

E. The applicant shall consult in good faith with the Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.

F. All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the City Clerk's Office for public inspection. The Commission's decision shall state the reasons for granting or denying the hardship application. If the application is granted, the Commission shall approve only such work as is necessary to alleviate the hardship.

A. No owner or person with an interest in real property designated as a landmark or included within a locally designated historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.

B. Examples of deterioration include, but are not limited to:

C. Vacant properties shall be maintained in accordance with the City of Binghamton vacant property ordinance (§ 265-14).

A. Failure to comply with any of the provisions of this ordinance shall be deemed a violation and the violator shall be liable to a fine of not less than one hundred ($100) dollars nor more than five hundred ($500) dollars or to imprisonment not exceeding fifteen (15) days, or to both such fine and imprisonment together with the cost of any clean-up, removal, or other remedial action, to be recovered by the City in a civil action for each day the violation continues.

B. Any person or entity of any kind who demolishes, alters, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this ordinance shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the City Attorney. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.

C. Any person or entity of any kind who demolishes a designated property or a property located within the boundaries of a historic district without a Certificate of Appropriateness for demolition, in addition to any fine or imprisonment, may have one of the following penalties imposed by the Courts as recommended by the Commission by a majority vote. These penalties shall be in addition to and not in lieu of any criminal prosecution and penalty.

D. The following factors shall be considered in imposing any penalty or remedy.

A. The CDAC shall be composed of 11 members, each of whom shall have one vote. The members of the CDAC shall be appointed as follows, effective January 1, 2008:

B. Two City Council members, one being the majority leader and the other being the minority leader, shall serve as ex-officio members of the CDAC without voting power. The Mayor of the City of Binghamton shall serve as an ex-officio member of the CDAC without voting power.

A. The members appointed by the Councilmen of the even-numbered Councilmanic districts shall expire on the even-numbered years.

B. The members appointed by the Councilmen of the odd-numbered Councilmanic districts shall expire on the odd-numbered years.

C. For 2008 only, City Council will randomly select three Councilmanic district appointees to expire in one year. Thereafter, all appointments will be for two years.

D. The terms of the majority and minority leaders shall correspond to their term of office as majority and minority leaders.

E. The members appointed by the Mayor of the City of Binghamton shall serve for an initial term of two and three years. Two members shall be appointed for two years and one member shall be appointed for a one-year term. Two members’ terms will expire at the end of even-numbered years and one members’ term will expire on odd-numbered years after the term of the initial appointment expires.

A. Vacancies. In the event a vacancy occurs in the membership of the CDAC for any reason, the appointing power shall expeditiously appoint another person to fill said vacancy for the unexpired term in conformance with § 18-90 of this article.

B. Termination. If a member of CDAC misses three consecutive regular or special meetings, or 50% of the meetings in a six-month period, he or she may be removed from the membership upon recommendation by the CDAC to the City Council.

A. The CDAC shall recommend plans and proposals to the Mayor and City Council for review, amendment and approval. Such plans and proposals must be approved by at least seven members of the CDAC at a regular or special meeting. In addition, the CDAC will respond to specific requests of the Mayor and City Council for comment on issues that do not require City Council approval.

B. The CDAC shall react to plans and proposals presented to it by the Director of Planning, Housing and Community Development, and make recommendations to the Mayor and City Council with respect to acceptance or rejection of such plans.

C. The CDAC may make recommendations to the Mayor in connection with the implementation of the City's community development programs as approved by Council of the City of Binghamton. CDAC members would provide input to the Mayor and City Council relative to the responsibility of the grantee for ensuring that each activity to be carried out with CDBG funds is eligible and benefits low- and moderate-income families or aids in the prevention or elimination of slums or blight or meets other community development needs, having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs.

D. The CDAC shall meet at least once per month, namely, the second Wednesday of each month. Said meetings will be open to the public.

E. A three-day written notice must be sent to each CDAC member before any CDAC meeting is held indicating the time, place and agenda of the meeting.

F. More than 50% of the appointed members of the CDAC shall constitute a quorum which must be present to conduct an official CDAC meeting.

G. The CDAC shall have authority to devise additional rules of order and operating procedures which are not inconsistent with this article or Robert's Rules of Order as revised.

H. Special meetings may be called by the Chairperson and/or a majority of the CDAC.

A. Chairperson.

B. Vice-Chairperson. The Vice-Chairperson shall preside in the absence of the Chairperson and shall have all the powers and duties of the Chairperson during his or her absence. Upon the arrival of the Chairperson the Vice-Chairperson shall vacate the chair. The Vice-Chairperson shall, however, have the power of the chair when the Chairperson wishes to enter into discussion.

C. Secretary.

A. Provide citizens with at least 10 days' prior notice of public hearings to be held by the CDAC. All public hearings shall be advertised at a minimum in the Press and Sun-Bulletin. Notices of public hearings shall not be published in the "Legal Notice" section of the paper, but in a more conspicuous section of the paper such as the "Community" section. The staff of the CDAC shall keep a record of the notice(s) of publication. The City Clerk's office and the City Council shall also receive notices of all CDAC regular meetings and public hearings.

B. The CDAC and staff will identify how the information needs of non-English-speaking residents or citizens with disabilities (such as deafness) will be accommodated at public hearings and meetings. If more than 5% of the citizens at a public hearing or meeting are anticipated to have such a language or disability barrier, the CDAC and staff shall determine before proceeding with the hearing or meeting how their needs will be addressed.

C.Public hearings or meeting locations shall be accessible to the handicapped, have adequate audiovisual and seating arrangements and be in locations convenient for citizen access.

D. Any documents relating to meetings or public hearings shall be made available to the general public by the staff of the CDAC at least 10 days prior to the meeting/hearing.

E. The CDAC shall respond to written requests for information or complaints in writing within 15 days from receipt of the request. If a response cannot be given in 15 days, a written response indicating that the information request/complaint is being formulated shall be sent in to the affected party(ies).

F. The CDAC shall provide technical assistance, through itself or staff, to groups or individuals requesting assistance that relate to the goals and objectives of the CDBG program. The specific type and level of assistance will moreover be dependent upon the resources of the CDAC and staff.

G. The aforementioned procedures shall not supersede any other federal regulation governing the CDBG program.

A. It is the responsibility of the City Council, the Mayor and the Director of Planning, Housing and Community Development to transmit to the CDAC proposals made by other public and private bodies regarding use of CDBG funds, and responses to CDAC's request for information.

B. The Planning, Housing and Community Development Department of the City will be responsible for providing staff liaison with City Council and other necessary and appropriate support to the CDAC.

A. The CDAC is responsible for the coordination of all citizen input regarding the community development block grant program and for submitting recommendations to the Planning, Housing and Community Development Department and City Council.

B. The CDAC will be responsible for achieving the following specific objectives:

A. The City of Binghamton desires to establish a Youth Bureau pursuant to Article 19(a) of the Executive Law and General Municipal Law § 95, starting January 1, 2007.

B. Funding for a City of Binghamton Youth Bureau in the amount of $25,000 is intended to be included in the 2007 budget, subject to a commitment of matching funds from New York State.

C. The City Council recognizes a need for the creation of an instrument to coordinate youth development and youth violence prevention programming; and to facilitate continued state funding for youth programs in the City.

A. Assist the youth development, youth education, youth recreation and youth special programs institutions and agencies in identifying and meeting unmet needs of youth.

B. Assist in effecting coordination between and among youth servicing agencies to avoid duplication of services and foster collaboration.

C. Coordinate the creation of a Youth Development Comprehensive Plan thereby maximizing the availability of services and funding.

D. Establish a planning and implementation process that identifies the connections between youth interests, critical academic and developmental outcomes and community improvement activities and outcomes.

A. This local law is adopted under the authority of the Municipal Home Rule Law and the Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York (Article 42 of the Executive Law).

B. The purpose of this local law is to provide a framework for agencies of the City of Binghamton to consider the policies and purposes contained in the Local Waterfront Revitalization Program when reviewing applications for actions or direct agency actions located in the waterfront area; and to assure that such actions and direct actions are consistent with the said policies and purposes.

C. It is the intention of the City of Binghamton that the preservation, enhancement, and utilization of the natural and manmade resources of the unique waterfront area of the City take place in a coordinated and comprehensive manner to ensure a proper balance between natural resources and the need to accommodate population growth and economic development. Accordingly, this local law is intended to achieve such a balance, permitting the beneficial use of waterfront resources while preventing: loss of living estuarine resources and wildlife; diminution of open space areas or public access to the waterfront; losses due to flooding and erosion; impairment of scenic resources; or permanent adverse changes to ecological systems.

D. The substantive provision of this local law shall only apply while there is in existence a Local Waterfront Revitalization Program which has been adopted in accordance with Article 42 of the Executive Law of the State of New York.

A. “Actions” mean either Type I or unlisted actions as defined in SEQRA regulations (6 N.Y.C.R.R. 617.2) which are undertaken by an agency and which include:

B. “Agency” means any board, agency, department, office other body, or officer of the City of Binghamton.

C. “Consistent” means that the action will fully comply with the LWRP policy standards and conditions and, whenever practicable, will advance one or more of them.

D. “Direct Actions” means actions planned and proposed for implementation by an agency, such as, but not limited to, a capital project, rule making, procedure making and policy making.

E. “Local Waterfront Revitalization Program (LWRP)” means the Local Waterfront Revitalization Program of the City of Binghamton, approved by the Secretary of State pursuant to the Waterfront Revitalization of Coastal Areas and Inlands Waterways Act (Executive Law, Article 42), a copy of which is on file in the Office of the Clerk of the City of Binghamton.

F. “Waterfront Advisory Committee” or “Committee” means the Waterfront Advisory Committee of the City of Binghamton, as created by Local Law 05-6 of the City of Binghamton.

G. “Waterfront Assessment Form (WAF)” means the form used by an agency to assist it in determining the consistency of an action with the LWRP.

H. “Waterfront Area” means the Waterfront Revitalization Area delineated in the City’s LWRP.

A. The Committee is authorized to review and make recommendations to appropriate agencies regarding the consistency of proposed actions with the policies and purposes of the LWRP.

B. The River Trails Initiative will appoint not less than five or more than seven of its members to serve as a Waterfront Advisory Committee. In the event the River Trails Initiative fails to appoint the required members or otherwise fails to fulfill its obligations hereunder, then the Planning Commission will serve as the Waterfront Advisory Committee until further action by City Council. The Chairman of the Planning Commission will have authority to determine whether the River Trails Initiative is fulfilling its obligations hereunder.

A. Whenever a proposed action is to be located in the City’s waterfront area, an agency shall, prior to approving, funding or undertaking the action, make a determination that is consistent with the LWRP policy standards and conditions set forth in § 18-112 herein.

B. Whenever an agency receives an application for approval or funding of an action, or as early as possible in the agency’s formulation of a direct action, to be located in the waterfront area, the applicant, or in the case of a direct action, the agency, shall prepare a Waterfront Assessment Form (WAF) to assist with the consistency review of the proposed action.

C. The agency shall refer a copy of the completed WAF to the Committee within ten (10) days of its submission, and prior to making its determination, shall consider the recommendation of the Committee with reference to the consistency of the proposed action.

D. After referral from an agency, the Committee shall consider whether the proposed action is consistent with the LWRP policy standards and conditions set forth in § 18-110(K) herein. The Committee shall require the applicant to submit all completed applications, WAFs and any other information deemed to be necessary to its consistency recommendation.

E. The Committee shall render its written recommendation to the agency within thirty (30) days following referral of the WAF form the agency, unless extended by mutual agreement of the Committee and the applicant, or in the case of the direct action, the agency. The recommendation shall indicate whether, in the opinion of the Committee, the proposed action is consistent with, or inconsistent with, one or more of the LWRP policy standards and shall elaborate in writing the basis for its opinion.

F. The Committee shall, along with its consistency recommendation, make any suggestions to the agency concerning modification of the proposed action to make it consistent with LWRP policy standards and conditions or to greater advance them.

G. In the event that the Committee’s recommendation is not forthcoming within the specified time, the referring agency shall make its decision without the benefit of the Committee’s recommendation.

H. If the agency and the Committee concur in the consistency of the proposed action, the agency may proceed with the action. In the event that the agency, after reviewing the written recommendation of the Committee, finds that it disagrees with the consistency recommendation of the Committee, the agency shall, within fifteen (15) days, prepare a written finding detailing its position and transmit it to the Committee. The Committee and the agency shall meet to resolve their differences within fifteen (15) days of the Committee’s receipt of the agency’s finding.

I. If the Committee and the agency cannot reach a mutually agreeable determination of the consistency, the matter will be referred to the City Council for a finding of consistency. The agency shall take no action until the City Council has made a determination and finding of consistency with the LWRP.

J. The provisions of § 18-110(C) shall not apply to the Zoning Board of Appeals. Instead, where the Zoning Board of Appeals is the agency, the Zoning Board of Appeals shall consider the written consistency recommendation of the Committee when reviewing and considering an application for a variance.

K. Actions to be undertaken within the waterfront area shall be evaluated for consistency in accordance with the following LWRP policy standards and conditions, which are derived from and further explained and described in § 18-108 of the City of the Binghamton LWRP, a copy of which is on file in the City’s Department of Planning, Housing and Community Development and available for inspection during normal business hours. In the case of direct actions, the agency shall also consult with Section 3 (“Waterfront Revitalization Policies”) and Section 4 (“Proposed Projects”) of the LWRP in making their consistency determination. The action shall be consistent with the polices to:

L. If the agency determines that the action would not be consistent with one or more of the LWRP policy standards and conditions, such action shall not be undertaken unless the agency makes a written finding with respect to the proposed action that:

Such finding shall constitute a determination that the action in consistent with the LWRP policy standards and conditions.

M. Each agency shall maintain a file for each action made the subject of a consistency determination, including any recommendations received from the Committee. Such files shall be made available for public inspection upon request.

A. The City Zoning Enforcement Officer and Building Inspector shall be responsible for enforcing this local law.

B. No work or activity on a project in the waterfront area which is subject to review under this local law shall be commenced or undertaken until the Zoning Enforcement Officer has been presented with a written determination from an agency that the action is consistent with the City’s LWRP policy standards and conditions.

C. In the event that an activity is not being performed in accordance with this local law or any conditions imposed thereunder, the Zoning Enforcement Officer, Building Inspector or any authorized official of the City shall issue a stop work order and all work shall immediately cease. No further work or activity shall be undertaken on this project so long as a stop work order is in effect.

A. A person who violates any of the provisions of, or who fails to comply with any conditions imposed by, this chapter shall have committed a violation, punishable by a fine not exceeding five hundred (500) dollars for a conviction of a first offense and punishable by a fine of one thousand (1,000) dollars for a conviction of a second or subsequent offense. For the purpose of conferring jurisdiction upon courts and judicial officers, each week of continuing violation shall constitute a separate violation.

B. The City Attorney is authorized and directed to institute any and all actions and proceedings necessary to enforce this local law. Any civil penalty shall be in addition to and not in lieu of any criminal prosecution and penalty.

A. To create and oversee a public art program to enrich the visual and aesthetic environment of public spaces within the City of Binghamton.

B. To initiate and develop proposals, to receive recommendations and to solicit contributions for additions to the existing collection of art in public places.

C. To develop criteria and guidelines for the selection, acquisition, exhibition and display of new works of art, either temporary (on loan) or permanent. The criteria and guidelines shall relate to, but are not limited to, economic feasibility, maintenance, security and aesthetics. Acquisition of art includes either the purchase of art by the City or the acceptance of a donation of art to the City.

D. To review all proposals for the exhibition and display of public art in the City’s public spaces, in public buildings, and public facilities and infrastructure, including appropriate locations.

E. To advise the Mayor and Common Council about the selection of acquisitions and donations of public art that meet the selection criteria and guidelines and to determine whether to accept unsolicited donations of art and where they may be located.

F. Notwithstanding any other provision herein to the contrary, final approval and acceptance of any and all public art resides with the Mayor (daily operations) and Common Council (grants/gifts and through the legislative process).

A. The five (5) voting members shall be appointed for terms of three (3) years, except that the terms of the first Advisory Board members shall be for such lesser periods of time as to provide appropriate staggered rotation and continuity.

B. Vacancies on the Advisory Board shall be filled in the same manner as the original appointment, except that a vacancy occurring other than by expiration of term of office shall be filled only for the remainder of the unexpired term.

A. A quorum for the transaction of business shall consist of three (3) voting members of the Advisory Board.

B. The Advisory Board shall meet at least quarterly.

C. The Advisory Board shall adopt rules and procedures for its meetings.

D. The Advisory Board meetings will be open to the public and minutes will be kept and published as required by the New York State Public Officers Law, Article 7, Open Meetings Law.